Q. With reference to the Constitution of India, consider the following statements:
1. The Prime Minister makes rules for the allocation of the business of the Government of India among the Ministers.
2. The Supreme Court is empowered to enquire into any advice tendered by the Central Council of Ministers to the President on the ground of malafide intent.
Which of the statements given above is/are incorrect?
Answer: C
Notes:
Exp) Option c is the correct answer.
Statement 1 is incorrect. Under the Constitution, it is the President not the Prime Minister who makes the rules for the allocation of the business of the Government of India among the Ministers.
Statement 2 is incorrect. Under Article 74 of the Constitution, the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court. Thus, Supreme Court too cannot enquire into any advice given by the Council of Ministers to the President.
