Political Science · Indian Polity
Which is the correct wording of Article 74 dealing with the President acting on the aid and advice of the Council of Ministers?
AThere shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions
BThere 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
CThere shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who will, in the exercise of his functions, act in accordance with such advice
DThere shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who may, in the exercise of his functions, act in accordance with such advice
Correct answer: (B) 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 — The correct wording uses the word shall, making the advice binding on the President.
Explanation
★The correct wording uses the word shall, making the advice binding on the President.
★Article 74 says the President shall act in accordance with the advice of the Council of Ministers.
★The word shall was made explicit by the 42nd Amendment to bind the President to the advice.
★The 44th Amendment then allowed the President to require one reconsideration of that advice.
★After reconsideration, the President must act according to the advice tendered.
★The words will and may would wrongly make the advice merely optional.
★So the binding shall is the constitutionally correct wording.
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