Consider the following statements: 1. Under the Indian Constitution

Consider the following statements:

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1. Under the Indian Constitution, the President is bound by the advice of the Council of Ministers.
2. Under the Indian Constitution, the President is bound by the advice of the Cabinet.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CAPF – 2010

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Statement 1 is correct. Article 74(1) of the Constitution states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall, in the exercise of his functions, act in accordance with such advice. The 42nd Amendment made this advice binding, and the 44th Amendment allowed the President to ask the CoM to reconsider the advice, but the President is bound by the reconsidered advice. Statement 2 is incorrect. The Constitution specifically mentions the ‘Council of Ministers’ in relation to advising the President (Articles 74, 75, 78). While the Cabinet is the inner circle and the actual decision-making body within the CoM, the constitutional term is Council of Ministers.

The President of India acts on the aid and advice of the Council of Ministers, as mandated by the Constitution. The term ‘Cabinet’ is not used in this context in the specific constitutional articles related to the President’s exercise of power based on advice.

The Council of Ministers comprises all ministers, including Cabinet Ministers, Ministers of State, and Deputy Ministers. The Cabinet consists only of the Cabinet Ministers. While the Cabinet is the driving force behind government policy and decisions, the Council of Ministers is the larger constitutional body whose advice is binding on the President.

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