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Question

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

1.The President acts on the advice of Council of Ministers

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

Which of the statements given above is/are correct?

A
1 only
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B
2 only
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C
Both 1 and 2
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D
Neither 1 nor 2
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Solution

The correct option is A 1 only
Article 74 & 75 says that there shall be a Council of Ministers (CoM's) with the Prime Minister (PM) at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advise. Provided that the President may require the CoM's to reconsider that advice and the President shall act in accordance with the advice retendered.

So advice of CoM is not binding on the President in certain situations like when CoM does not enjoy confidance in the house or after dissolution of Lok Sabha;pocket veto;

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