Under the constitutional framework of the Union Executive, Article 74 of the Constitution of India governs the relationship between the President and the Council of Ministers. Which of the following statements correctly describes the constitutional position regarding the advice tendered by the Union Council of Ministers to the President?
- The question whether any advice, and if so what advice, was tendered by Ministers to the President shall not be inquired into in any court of law.Answer
- BThe advice tendered by Ministers to the President is subject to mandatory judicial review by the Supreme Court under Article 32.
- CThe President has absolute constitutional discretion to reject the tendered advice without requesting the Council of Ministers to reconsider it.
- DHigh Courts possess constitutional authority under Article 226 to compel the disclosure of Cabinet advice when reviewing executive decisions.
Answer
The statement specifying that the question whether any advice, and if so what advice, was tendered by Ministers to the President shall not be inquired into in any court of law is correct.
Article 74(2) of the Constitution of India provides total judicial immunity to the advice tendered by Ministers to the President. It explicitly dictates that no court of law can inquire into whether any advice was given, or what the contents of such advice were.
Step-by-Step Solution
Key Concept
Non-justiciability of Ministerial Advice under Article 74(2)
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