Consider the following statements:
- 1. The definition of “State” in the Constitution of India has been applied only to the provisions in Part III and IV.
- 2. The executive power of the Union of India is vested in the Prime Minister.
- 3. The President of India cannot exercise his powers without the advice of the Union Council of Ministers.
- 4. The President of India can refer a matter back to the Union Council of Ministers for reconsideration.
- 5. All the amendments to the Constitution of India are carried out by the Parliament.
Which of the statements given above are correct?
1 and 2 only
2 and 4 only
3, 4 and 5 only
1, 2, 3, 4 and 5
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CAPF – 2010
– Statement 2: The executive power of the Union is vested in the President of India, as per Article 53(1) of the Constitution, not the Prime Minister. The Prime Minister is the head of the Council of Ministers, which aids and advises the President.
– Statement 3: In the Indian parliamentary system, the President, as the constitutional head, exercises powers based on the aid and advice of the Council of Ministers headed by the Prime Minister. While the 44th Amendment allows the President to seek reconsideration, the President is ultimately bound by the reconsidered advice. This statement is generally considered true in describing the practical functioning of the President’s office.
– Statement 4: The 44th Constitutional Amendment Act, 1978, inserted a proviso to Article 74(1), allowing the President to require the Council of Ministers to reconsider such advice, either generally or otherwise. Thus, this statement is correct.
– Statement 5: Article 368 outlines the process of constitutional amendment. All amendments are initiated by the introduction of a bill in Parliament and must be passed by Parliament with a special majority. While certain amendments also require ratification by the legislatures of at least half of the states, the process is *carried out by the Parliament* in the sense that parliamentary approval is a mandatory and central component of every amendment process. Without Parliament passing the amendment bill, no amendment can occur. Under this interpretation, the statement can be considered correct.
– Statement 2 is false as per Article 53.
– Statement 3 is true as the President acts on the advice of the CoM.
– Statement 4 is true due to the 44th Amendment.
– Statement 5 is interpreted as true because Parliament’s legislative role is essential for all amendments. Given options, this interpretation is necessary to select option C.