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Which of the given Articles of the Constitution of India mentions the following? "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 advice."

Which of the given Articles of the Constitution of India mentions the following? "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 advice." Correct Answer Article 74(1)

The correct answer is Article 74(1).

Key Points

  • Article 74(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 advice: 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 advice tendered after such reconsideration.

Additional Information

  • Article 74(2)
    • The question of whether any and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
  • Article 71(1)
    • All doubts and disputes arising out of or in connection with the election of a president or vice President shall be inquired into and decided by the Supreme court whose decision shall be final.
  • Article 71(2)
    • If the election of a person as President or Vice President is declared void by the Supreme court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration. 

Related Questions

Assertion : There shall be a council of ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions,except in so far he is by or under the Constitution,required to exercise his functions,or any of them in his discretion. Reason : The Chief Minister shall be appointed by the Governor and other ministers shall be appointed by the Governor on the advice of the Chief Minister.
Which of the following are the provisions of 'Article 75' of the Constitution? (A) Ministers shall be appointed by the President on the advice of the Prime Minister.  (B) The Council of Ministers shall be collectively responsible to the House of People.  (C) It shall be the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers.  (D) The question whether any and if so what advice was tendered by Ministers to the President shall not be inquired into in any Court. 
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?
 Given below are four jumbled sentences. Select the option that gives their correct order. The president has all constitutional powers and exercises them directly or through subordinate officers as per the aforesaid Article 53(1). The executive power is vested mainly in the President of India, as per Article 53(1) of the constitution. The council of ministers remains in power during the 'pleasure' of the president.  The president is to act in accordance with aid and advice tendered by the prime minister, who leads the council of ministers as described in Article 74 of the Constitution of India.
Which of the following are the provisions of Article-164 of the Constitution ? (a) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advise of the Chief Minister. (b) It shall be the duty of the Chief Minister to communicate to the Governor all decisions of the Council of ministers relating to administration of the state. (c) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the state. (d) The total number of Ministers including Chief Minister shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of the state.  
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?
Consider the following statements: 1. In case of a dispute of jurisdiction between the council of ministers and the governor, the decision of the former is final and binding. 2. The advice tendered by Ministers to the Governor shall not be inquired into in any court. 3. A council of ministers must always exist to advise the governor, even after the dissolution of the state legislative assembly or resignation of a council of ministers. Which of the statements given above is/are correct?
Consider the following statements: 1. The advice tendered by the Council of Ministers to the President can be inquired into in a supreme court of India. 2. The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 20% of the total strength of the Lok Sabha. 3. A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. Which of the statements given above is/are NOT correct?
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:
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".