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)Only 2 statements are correctb)Only one statement is correctc)All the three statements are correctd)None of the aboveCorrect 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)
Only 2 statements are correct
b)
Only one statement is correct
c)
All the three statements are correct
d)
None of the above

Correct answer is option 'B'. Can you explain this answer?

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Consider the following concerning the relationship between the Preside...

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'.

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Consider the following concerning the relationship between the Preside...

Explanation:

1. Constitutionally binding advice:
- The first statement is incorrect. In normal circumstances, the council of Ministers' advice is binding on the President. However, there are exceptional cases where the President can act independently of ministerial advice. For example, in matters of appointing the Prime Minister or dismissing the Council of Ministers.

2. Enquiry by a higher court:
- The second statement is correct. The nature of advice given by ministers to the President can be questioned and investigated by a higher court to ensure transparency and accountability in the administration. This serves as a check and balance mechanism in the government.

3. Council of Ministers' tenure:
- The third statement is incorrect. The council of ministers does not cease to hold office immediately after the dissolution of the Lok Sabha by the President. They continue to hold office until the new government is formed after the general elections and a new council of ministers is appointed.

Therefore, the correct answer is option 'B' - Only one statement is correct.

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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)Only 2 statements are correctb)Only one statement is correctc)All the three statements are correctd)None of the aboveCorrect answer is option 'B'. Can you explain this answer?

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