Which one of the following statements about the Union Council of Minis

Which one of the following statements about the Union Council of Ministers is not correct?

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The Prime Minister is the Head of the Council of Ministers.

The Council of Ministers advises the President in the exercise of his function.

The President can ask the Council of Ministers to reconsider any advice.

The advice given by the Council of Ministers is subject to judicial scrutiny.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2017

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The correct answer is The advice given by the Council of Ministers is subject to judicial scrutiny.

This statement is incorrect. Article 74(2) of the Constitution of India explicitly states that “the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.” This grants confidentiality and immunity from judicial review to the advice given by the Council of Ministers to the President.

Statements A, B, and C are correct regarding the Union Council of Ministers. Article 74(1) states that the Council of Ministers with the Prime Minister at the head shall aid and advise the President. The 44th Amendment Act, 1978, added a proviso to Article 74(1) stating that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. While the *advice* itself is immune from judicial scrutiny, the *actions* taken by the President based on that advice are not immune and can be subject to judicial review on grounds like illegality or unconstitutionality.

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