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Consider the following concerning the relationship between the President, Prime Minister and the Council of Ministers.
1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.
2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.
3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.
Select the correct answer using the codes below.
- a)1 and 2 only
- b)1 only
- c)2 and 3 only
- d)1 and 3 only
Correct answer is option 'B'. Can you explain this answer?
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Verified Answer
Consider the following concerning the relationship between the Presid...
- Article 74 provides for a council of ministers with the prime minister to aid and advise the President in the exercise of his functions. The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President.
- Further, the nature of advice tendered by ministers to the President cannot be enquired by any court. This provision emphasises the intimate and confidential relationship between the President and the ministers.
- In 1971, the Supreme Court held that 'even after the Lok Sabha's dissolution, the council of ministers does not cease to hold office'.
- Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advise of the council of ministers.
- Any executive power exercise without the aid and advice will be unconstitutional as being violative of Article 74.
- In 1974, the court held that 'wherever the Constitution requires the President's satisfaction, the satisfaction is not the President's personal satisfaction, but it is the satisfaction of the council of ministers with whose aid and on whose advice the President exercises his powers and functions'.
Most Upvoted Answer
Consider the following concerning the relationship between the Presid...
Relationship between the President, Prime Minister, and the Council of Ministers
1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.
- In a parliamentary form of government like India, the President is the nominal head of the state, while the Prime Minister is the real executive head.
- The Council of Ministers, headed by the Prime Minister, aid and advise the President in the exercise of his powers and functions.
- Article 74(1) of the Indian Constitution states that there shall be a council of ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
- Therefore, in normal circumstances, the advice given by the Council of Ministers is binding on the President. The President is expected to act on the advice of the Council of Ministers.
2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.
- The nature of advice given by the Council of Ministers to the President is generally confidential, and the President is not obligated to disclose it to anyone.
- However, in case of malpractices in administration or any constitutional irregularity, the nature of the advice can be enquired by a higher court.
- The court may inquire into the advice given by the Council of Ministers to the President to ensure that it was not illegal, unconstitutional, or against the public interest.
- This provision allows for judicial review and ensures that the advice given by the Council of Ministers is in line with the Constitution and the principles of good governance.
3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.
- The Lok Sabha is the lower house of the Parliament in India, and its members are elected by the people.
- The Council of Ministers is responsible to the Lok Sabha and holds office as long as it enjoys the confidence of the majority of the members in the Lok Sabha.
- However, if the Lok Sabha is dissolved by the President, the Council of Ministers ceases to hold office immediately.
- The President may dissolve the Lok Sabha on the advice of the Prime Minister or if the government loses the majority in the Lok Sabha.
- After the dissolution, the Council of Ministers continues to function as a caretaker government until the new government is formed after fresh elections.
Therefore, the correct answer is option 'B' - 1 only. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.
1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.
- In a parliamentary form of government like India, the President is the nominal head of the state, while the Prime Minister is the real executive head.
- The Council of Ministers, headed by the Prime Minister, aid and advise the President in the exercise of his powers and functions.
- Article 74(1) of the Indian Constitution states that there shall be a council of ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
- Therefore, in normal circumstances, the advice given by the Council of Ministers is binding on the President. The President is expected to act on the advice of the Council of Ministers.
2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.
- The nature of advice given by the Council of Ministers to the President is generally confidential, and the President is not obligated to disclose it to anyone.
- However, in case of malpractices in administration or any constitutional irregularity, the nature of the advice can be enquired by a higher court.
- The court may inquire into the advice given by the Council of Ministers to the President to ensure that it was not illegal, unconstitutional, or against the public interest.
- This provision allows for judicial review and ensures that the advice given by the Council of Ministers is in line with the Constitution and the principles of good governance.
3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.
- The Lok Sabha is the lower house of the Parliament in India, and its members are elected by the people.
- The Council of Ministers is responsible to the Lok Sabha and holds office as long as it enjoys the confidence of the majority of the members in the Lok Sabha.
- However, if the Lok Sabha is dissolved by the President, the Council of Ministers ceases to hold office immediately.
- The President may dissolve the Lok Sabha on the advice of the Prime Minister or if the government loses the majority in the Lok Sabha.
- After the dissolution, the Council of Ministers continues to function as a caretaker government until the new government is formed after fresh elections.
Therefore, the correct answer is option 'B' - 1 only. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.
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Consider the following concerning the relationship between the President, Prime Minister and the Council of Ministers.1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.Select the correct answer using the codes below. a) 1 and 2 onlyb) 1 onlyc) 2 and 3 onlyd) 1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?
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Consider the following concerning the relationship between the President, Prime Minister and the Council of Ministers.1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.Select the correct answer using the codes below. a) 1 and 2 onlyb) 1 onlyc) 2 and 3 onlyd) 1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following concerning the relationship between the President, Prime Minister and the Council of Ministers.1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.Select the correct answer using the codes below. a) 1 and 2 onlyb) 1 onlyc) 2 and 3 onlyd) 1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following concerning the relationship between the President, Prime Minister and the Council of Ministers.1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.Select the correct answer using the codes below. a) 1 and 2 onlyb) 1 onlyc) 2 and 3 onlyd) 1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?.
Consider the following concerning the relationship between the President, Prime Minister and the Council of Ministers.1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.Select the correct answer using the codes below. a) 1 and 2 onlyb) 1 onlyc) 2 and 3 onlyd) 1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following concerning the relationship between the President, Prime Minister and the Council of Ministers.1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.Select the correct answer using the codes below. a) 1 and 2 onlyb) 1 onlyc) 2 and 3 onlyd) 1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following concerning the relationship between the President, Prime Minister and the Council of Ministers.1. In normal circumstances, the council of Ministers' advice is constitutionally binding on the President.2. The nature of advice tendered by ministers to the President can be enquired by a higher court to ascertain malpractices in administration.3. The council of ministers ceases to hold office immediately after the dissolution of the Lok Sabha by the President.Select the correct answer using the codes below. a) 1 and 2 onlyb) 1 onlyc) 2 and 3 onlyd) 1 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?.
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