With respect to the relations between the Indian President and the Union Council of Ministers consid...........

Indian Polity Union Executive

With respect to the relations between the Indian President and the Union Council of Ministers, consider the following statements:

1.The 42nd Constitutional Amendment Act 1976 made the advice of the Council of Ministers constitutionally binding on the President.

2.The 44th Constitutional Amendment Act 1978 allowed the President to send back such an advice for reconsideration of the Council of Ministers once.

Which of the statements given above is/are not correct?

1 Only

2 Only

Both 1 and 2

None of the above

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Explanation:

Before the 42nd Constitutional Amendment Act, 1976 there was no provision in the Constitution that made the advice of the Union Council of Ministers
obligatory to the President. The 42nd Constitutional Amendment Act 1976 made the advice of the Council of Ministers binding on the President.
The 44th Constitutional Amendment Act, 1978 added a provision for the President to send back the advice once for reconsideration. However, the
President has to act as per the reconsidered advice of the Union Council of Ministers.