Multiple choice

Which of the following Amendments of the Constitution made it mandatory for the President to accept the advice given by Council of Ministers?

  1. 39th Amendment

  2. 42nd Amendment

  3. 49th Amendment

  4. 44th Amendment
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B Correct answer
Explanation

Before the 42nd amendment, Article 74(1) stated that, "there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions". However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President. Forty-second Amendment of the Constitution of India (1976) made it explicit that the President shall, "act in accordance with such advice".

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