Q. Which of the following constitutional amendments made the advice binding on President given by the council of ministers?
1.First constitutional amendment
2.Forty second constitutional amendment
3.Forty fourth constitutional amendment
How many of the statements given above are correct?
Explanation: Article 74 provides for a council of ministers with the Prime Minister at the head to aid and advice the President in the exercise of his functions.
The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President.
NOTE: Article 74 was amended by the 42nd Constitutional Amendment Act of 1976 to the effect that the president shall, in the exercise of his functions, act in accordance with the advice rendered by the council of ministers.
The 44th Constitutional Amendment Act of 1978 further added a proviso to this article to the effect that the president may require the council of ministers to reconsider such advice and the president shall act in accordance with the advice tendered after such reconsideration.
Source: Laxmikanth
