In Act 74 the word lsquo may rsquo is omitted and in place word ldquo shall rdquo is used to make it...........

Constitutional Law Union - Executive, Legisture

In Act 74 the word ‘may’ is omitted and in place word “shall” is used to make it clear beyond doubt that President in the exercise of his functions shall all in accordance with the advice of his council of ministers. The word shall is inserted by

44th amendment

42nd amendment

58th amendment

None of these

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Explanation:

42nd amendment

(1) 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 advises. (The bolded text was added in by the Forty-second Amendment of the Constitution of India and came into effect on 3 January 1977.

Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advises tendered after such reconsideration. (This para is added by the Forty-fourth Amendment of the Constitution of India in the year 1978)

(2) The question if any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.