Q. With reference to the advice tendered by Council of Ministers to the President, consider the following statements:
1. The 42nd Constitutional Amendment Act authorised the President to return a matter once for reconsideration of Council of Ministers.
2. The advice tendered by Council of Ministers to the President can be inquired in Supreme Court only.
Which of the statements given above is/are correct?
Answer: D
Notes:
Exp) Option d is the correct answer.
Statement 1 is incorrect: The 42nd Constitutional Amendment Act of 1976 made the President bound by the advice of the council of ministers headed by the prime minister. Later, the 44th Constitutional Amendment Act of 1978 authorised the President to require the council of ministers to reconsider such advice either generally or otherwise.
Statement 2 is incorrect: Article 74(2) states that the advice tendered by Ministers to the President shall not be inquired into in any court. The Supreme Court has clarified the implications of Art. 74(2) in S.R. Bommai v. Union of India. No court is concerned with what advice was tendered by the Minister to the President.
