Consider the following statements 1 The advice of the Council of Ministers is binding on the Preside...........

Indian Polity Union Executive

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Consider the following statements:

1. The advice of the Council of Ministers is binding on the President.

2. The Indian Constitution provides for the system of legal responsibility of a minister.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

• Statement 1 is correct: Article 74 provides for a council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President.

• Statement 2 is not correct: Unlike Britain, in India, there is no provision in the Constitution for the system of legal responsibility of a minister. It is not required that an order of the President for a public act should be countersigned by a minister.