Which one of the following statements is most appropriate?

The President shall be bound by the advice of the Prime Minister

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The President shall be bound by the advice given by the Council of Ministers

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The President shall act on the advice of the Prime Minister who shall tender such advice in consultation with his cabinet

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The President shall act in accordance with the advice of the Council of Ministers and he may return such advice for reconsideration

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Solution

The correct option is B The President shall be bound by the advice given by the Council of Ministers
Article 74 of the Constitution of India provides that there shall be a council of Ministers with the Prime Minister at the head who shall aid and advise the President and he shall act in accordance with such advice. The President is bound by the advice of the Council of Ministers. The 44th Amendment Act of 1978 authorized the President to require the Council of Ministers to reconsider the advice given but it shall be binding once reconsidered.

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Similar questions

Q. Which Article of Constitution states that the President shall act according to the advice of the Council of Ministers headed by the Prime Minister?

Consider the following statements

1. The advice tendered by the Council of Ministers to the President cannot be enquired about in any court of law.

2. The 44^th amendment made it explicit that the President shall, "act in accordance with such advice

3. The total no of ministers, excluding the Prime Minister, in the central Council of Ministers shall not exceed 15% of the total strength of Lok Sabha

Which of the above statements is/are incorrect?

Q. Is the Prime Minister bound to advice the President on matters on which his advice is sought?

Who is appointed by the President on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court?

Q. With reference to the power of Council of Ministers in India, consider the following statements:

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2. Their advice is binding upon the President of India in all circumstances.

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