Which Article provides for a Council of Ministers to aid and advise the President?
Show answer & explanation
Correct answer: D
Explanation
Solution: The correct answer is Article 74.
Explanation:
☛ Article 74(1) of the Indian Constitution provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice.
☛ The 42nd Constitutional Amendment Act (1976) made the advice tendered by the Council of Ministers binding on the President.
☛ The 44th Constitutional Amendment Act (1978) added a proviso empowering the President to send back the advice for reconsideration once; however, the President must accept the advice given after such reconsideration.
☛ Under Article 74(2), the nature of advice tendered by Ministers to the President cannot be inquired into by any court.
Extra Exam-Relevant Facts:
☛ Article 64: Specifies that the Vice-President shall be the ex-officio Chairman of the Council of States (Rajya Sabha).
☛ Article 68: Deals with the time of holding elections to fill a vacancy in the office of the Vice-President.
☛ Article 71: States that all doubts and disputes arising out of the election of the President or Vice-President shall be inquired into and decided exclusively by the Supreme Court.
☛ Article 75: Deals with the appointment, tenure, salaries, and qualifications of the Prime Minister and other Ministers.
Important One-Liners for Upcoming Exams:
☛ Under which Article is the Council of Ministers collectively responsible to the House of the People (Lok Sabha)? → Article 75(3)
☛ Which Constitutional Amendment made the advice of the Council of Ministers binding on the President? → 42nd Constitutional Amendment Act, 1976
☛ Which Constitutional Amendment permitted the President to return advice for reconsideration once? → 44th Constitutional Amendment Act, 1978
☛ Which Article defines the duties of the Prime Minister to furnish information to the President? → Article 78
☛ What is the maximum limit on the size of the Union Council of Ministers? → 15% of the total strength of the Lok Sabha (91st Amendment Act, 2003)