RAS question
Article 74(1) as amended by the 42nd and 44th Amendments states that the President:
Correct answer: (C) Shall act in accordance with the advice of the Council of Ministers.
Article 74(1) states that the President shall act in accordance with the advice of the Council of Ministers headed by the Prime Minister.
Explanation
Article 74(1) is the constitutional basis of ministerial advice to the President. After the 42nd Amendment, the text made the President's duty explicit: while exercising functions, the President shall act in accordance with the advice of the Council of Ministers headed by the Prime Minister. The 44th Amendment added a limited safeguard, not a veto. The President may require the Council of Ministers to reconsider its advice, either generally or otherwise, but once advice is tendered after reconsideration, the President shall act in accordance with it. That is why option C is correct: the amended provision binds the President to ministerial advice, subject only to one opportunity to seek reconsideration.
Why the other options are wrong
- (A) Option A weakens the constitutional command into a choice, but Article 74(1) uses 'shall', not 'may', for acting on ministerial advice.
- (B) Option B is wrong because Article 74(1) binds the President to advice after reconsideration rather than allowing an override of the Council of Ministers.
- (D) Option D is wrong because Article 74(1) expressly provides for a Council of Ministers to aid and advise the President, with the President acting in accordance with that advice.
Concept
This tests the parliamentary executive under the Indian Constitution, especially the real executive role of the Council of Ministers and the formal position of the President. RAS often returns to this article because the 42nd and 44th Amendments define the practical limits of presidential discretion.