1 Answers
Option 1 : 1 only
The correct answer is 1 only.
- According to Article 74:
- 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.
- 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.
- The question whether any and if so what, the advice was tendered by Ministers to the President shall not be inquired into in any court. Hence, Statement 1 is correct.
- According to Article 75:
- The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President by the aid and advice of the Prime Minister.
- The number of Council of Ministers cannot exceed 15% of the total strength of the Lok Sabha.
- This provision was added by the 91st amendment act, 2003, and was NOT present in the original constitution. Hence, Statement 2 is NOT correct.
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