Under which one of the following articles of the Indian Constitution is the President bound to act in accordance with the advice of the Council of Ministers?

1. A

   74(1)

2. B

   74(2)

3. C

   74(3)

4. D

   74(4)

Appeared in: UPPSC-2021

Explanation

• Article 74(1) of the Indian Constitution explicitly states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.
• Initially, the advice was not explicitly binding. The 42nd Amendment Act of 1976 made it mandatory for the President to act in accordance with such advice.
• A further modification was made by the 44th Amendment Act of 1978, which empowered the President to require the Council of Ministers to reconsider such advice once.
• However, if the advice is sent back to the President after reconsideration, the President is constitutionally bound to act in accordance with it.

Why Other Options Were Wrong

• Option B: This clause deals with the confidentiality and non-justiciability of the advice. It states that the advice tendered by Ministers cannot be inquired into by any court.
• Option C: Article 74 of the Indian Constitution does not have a clause (3). The article primarily consists of clauses (1) and (2).
• Option D: Similar to option C, Article 74 does not contain a clause (4). This makes the option invalid.

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Clinical Relevance

• Nursing practice connection: This is primarily an exam-oriented knowledge point with limited direct bedside application, so retain Relationship between the President and the Council of Ministers in the Indian Constitution as background academic context rather than a clinical decision trigger.
• This provision is the cornerstone of India's parliamentary system of government, ensuring that the real executive power lies with the elected government (the Council of Ministers) and not with the nominal head (the President).
• It upholds the principle of collective responsibility where the government is accountable to the Lok Sabha (House of the People), not to the President.
• This article prevents a potential constitutional crisis or deadlock between the President and the elected government, ensuring smooth functioning of the state.

How to Approach the Question

• First, identify the core of the question: it's asking for the specific constitutional article that makes the President's action dependent on the advice of the Council of Ministers.
• Recognize the keywords: 'President', 'bound', 'advice', 'Council of Ministers'.
• Recall the part of the Constitution dealing with the Union Executive. The relationship between the President and the Prime Minister/Council of Ministers is a fundamental topic, primarily covered in Articles 74 and 75.
• Differentiate between the clauses of Article 74. Article 74(1) establishes the relationship and the binding nature of the advice, while Article 74(2) deals with its secrecy and non-justiciability.
• Eliminate options that are factually incorrect, such as non-existent clauses like 74(3) and 74(4), which quickly narrows down the correct answer.

Concept Tested & Keywords

• Concept Tested: Relationship between the President and the Council of Ministers in the Indian Constitution.
• Stem keywords: Indian Constitution, President, bound, advice, Council of Ministers
• Lead-in keywords: Under which one
• Negative lead-in flag: false

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