Under Article 74 of the Constitution of India, there shall be a council of ministers to aid and advice the President who shall act in accordance with such advice. In which one of the following case, the President is not bound by the advise of the council of ministers?

Consider the following statements:
1. After the President of India has asked the Council of Ministers to reconsider the advice given by the Council of Ministers, the President may not act in accordance with the advice rendered after such reconsideration.
2. The President of India can grant pardon under Article 72 of the Constitution of India, to any person convicted of any offence.
Which of the statements given above is/are correct?

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

Assertion (A): A Governor is always supposed to act on the advice of the Council of Ministers in matter of appointment of the Chief Minister.
Reason (R): Like Article 74(1), Article 163(1)of the Constitution of India make it mandatory for the Governor to act in accordance with the advice tendered by the Council of Ministers.
Choose the correct option from below:

A

Both A and R are correct and R is the correct reason for A

B

Both A and R are incorrect

C

A is incorrect but R is correct

D

A is correct but R is incorrect

Article 74(2) the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
In the light of article 74(2) and decided cases, test the correctness of the following statements:
Statement 1. The Courts are justified in probing as to whether there was any material on the basis of which the advice was given, and whether it was relevant for such advice and the President could have acted on it.
Statement 2. When the Courts undertake an enquiry into the existence of such material, the prohibition contained in article 74(2) does not negate their right to know about the factual existence of any such material.

A

Only Statement 1 is correct

B

Only statement 2 is correct

C

Both statements are incorrect

D

Both statements are correct

Assertion (A): Courts cannot review the question as to what "aid and advice" is given by the Council of Ministers to the President.
Reason (R): The question of 'aid and advice' by the Council of Ministers is a "non justiciable issue".

A

Both A and R are individually true and R is the correct explanation of A

B

Both A and R are individually true, but R is not the correct explanation of A

C

A is true but R is false

D

A is false but R is true

Justice Mukherjee C. J., speaking for the court, stated "that though the executive power is vested in the president, the president is only a formal or constitutional head of the executive. The real power is vested in the Council of Ministers on whose aid and advise the president acts in the exercise of his functions," in the following case:

A

U. N. R. Rao v. Indira Gandhi

B

Ram Jawaya Kapur v. State of Punjab

C

Jayantilal Amratlal Shodan v. F. N. Rao

D

Sardarilal v. Union of India

Which of the following observations on fundamental rights was made by the Supreme Court in K. S. Puttaswamy v. Union of India?
1. There is no overlap between rights enumerated under Article 19 and Article 21 of the Constitution of India.
2. The constitutional values embodied under every Article of Part III of the Constitution of India animates the interpretation of the other.
3. Only Article 21 contains residue of fundamental rights that are not expressly stipulated under Article 19 of the Constitution of India.
Choose the correct option from below:

A

2 and 3 are correct

B

Only 3 is correct

C

Only 2 is correct

D

1 and 2 are correct

Which article of the Constitution of India says "there shall be a council of Ministers with the Prime Minister at the head to aid and advice the President"

A

Article 74

B

Article 75

C

Article 79

D

Article 80

The State of J & K enjoy a special status under the Article 370 of the Constitution. But under Article 370(3), the President may declare that Article 370 shall cease to be operative. This power is subject to:
1. Public notification
2. Recommendation of Parliament
3. Advice of the Union Council of Ministers
4. Recommendations of the constituent Assembly of J & K

A

1 and 3 are correct

B

1 and 2 are correct

C

2 and 4 are correct

D

1 and 4 are correct

The President of India is bound by the aid and advice of the Council of Ministers. In which one of the following cases this rule does not apply?

A

In appointing the Attorney General for India

B

In deciding the age of a judge of the High Court

C

In dismissing a civil servant

D

In proclaiming emergency under Article 352 of the Constitution of India

In which one of the following cases, is the President of India not bound by the aid and advice of the Union Council of Ministers?

A

In deciding the question of removal of a Governor

B

In deciding the question whether a member of Lok Sabha has become disqualified to continue as a member

C

While exercising power to grant pardon

D

In dismissing a civil servant without any enquiry and hearing on the ground of security

Under Article 74 of the Constitution of India, there shall be a council of ministers to aid and advice the President who shall act in accordance with such advice. In which one of the following case, the President is not bound by the advise of the council of ministers?

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