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?

1 only

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2 only

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Both 1 and 2

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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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Similar questions

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. Consider the following statements about the powers of the President of India:

1

. The President can direct that any matter on which decision has been taken by a Minister should be placed before the Council of Ministers.

2

. The President has the right to address and send messages to either House of the Parliament.

3

. All decisions of the Council of Ministers relating to the administration of the Union must be communicated to the President.
Which of the statements given above are correct?

On whose advice does the President appoint the Council of Ministers?

Why do you think is the advice of the Council of Ministers binding on the President? Give your answer in not more than 100 words.

Q. Consider the following statements:
1. The council of ministers shall be collectively responsible to the Parliament.
2. The ministers shall hold office during the pleasure of the President.
3. Advice tendered by the Council of Ministers are not binding on the President.
Which of the statements given above is/are correct?

निम्नलिखित कथनों पर विचार करें:
1. मंत्रिपरिषद सामूहिक रूप से संसद के प्रति उत्तरदायी होगा।
2. मंत्री, राष्ट्रपति के प्रसाद पर्यन्त मंत्रीपद धारण कर सकेगा।
3. मंत्रिपरिषद द्वारा दी गई सलाह राष्ट्रपति पर बाध्यकारी नहीं है।
ऊपर दिए गए कथनों में से कौन सा/से सही है / हैं?

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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?

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?