Multiple Choice Questions on Consider the following statements 1 The 24th Constitutional Amendment Act of 1971 made it obligatory........... for RAS Exam Preparation

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    Consider the following statements:

    1. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.

    2. The 42nd Constitutional Amendment Act of 1976 made the President bound by the advice of the council of ministers headed by the prime minister.

    Which of the statements given above is/are correct?

    1 only

    Incorrect Answer

    2 only 

    Incorrect Answer

    Both 1 and 2 

    Correct Answer

    Neither 1 nor 2 

    Incorrect Answer
    Explanation:
    • A bill passed by the Parliament can become an act only if it receives the assent of the President.
    • When such a bill is presented to the President for his assent, he has three alternatives (under Article 111 of the Constitution):
    • He may give his assent to the bill, or o He may withhold his assent to the bill, or o He may return the bill (if it is not a Money bill) for reconsideration by the Parliament. However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, the President must give his assent to the bill.
    • It should be noted here that the President has no veto power in respect of a constitutional amendment bill. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill. Hence statement 1 is correct.
    • The 42nd Constitutional Amendment Act of 1976 (enacted by the made the President bound by the advice of the council of ministers headed by the prime minister. Hence statement 2 is correct.
    • The 44th Constitutional Amendment Act of 1978 authorized the President to require the council of ministers to reconsider such advice either generally or otherwise.
    • However, he ‘shall’ act in accordance with the advice tendered after such reconsideration. In other words, the President may return a matter once for reconsideration by his ministers, but the reconsidered advice shall be binding.

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