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UPSC Indian Polity and Civics The Indian Constitution Question Bank Amendments And Articles of The Indian Constitution

  • question_answer
    Which one of the following amendments to the Indian Constitution empowers the President to send back any matter for reconsideration by the Council of Ministers?

    A) 39th                        

    B) 40th

    C) 42nd                        

    D) 44th

    Correct Answer: D

    Solution :

    44th Before the 42nd amendment. Article 74(1) stated that, "there 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". However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President. Forty-second Amendment of the 42nd Constitutional Amendment (1976) made it explicit that the President shall, "act in accordance with such advice". The amendment went into effect from 3 January, 1977. The 44th Amendment (1978) however added that the President can send the advice back for reconsideration once. But if the Council of Ministers sends the same advice again to the President then the President must accept it. The amendment went into effect from 20 June, 1979.


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