Explanation:

The 42nd Constitutional Amendment Act, 1976 has incorporated the Samsher Singh ruling in Article 74(1) of the Constitution and by this amendment it has been made mandatory on the part of the President to act on the aid and advice of the Council of Ministers in the exercise of his functions.  He is also bound to have a Council of Ministers even if the Lok Sabha is dissolved and he cannot act without the ministerial advice. If he acts without ministerial advice, he may be impeached for violating the Constitution and his acts may also be set aside by the court of law. As mentioned earlier, the 44th Constitutional Amendment Act, 1978, has given a limited choice to the President to return the advice of the Council of Ministers once for its reconsideration but thereafter he is bound to act on the reconsidered advice of the Council of Ministers.