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Article 74 of the Constitution provides that the President

  • A.Shall act in accordance with the advice of the Council of Ministers
  • B.May act entirely at his own discretion
  • C.Shall consult the Supreme Court before acting
  • D.Shall act on the advice of the Chief Justice

Answer: B

Correct answer: Shall act in accordance with the advice of the Council of Ministers

Article 74(1) provides that there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President, who shall act in accordance with such advice. The words in italics were not in the original text. The 42nd Amendment of 1976 added them, making the advice binding and settling a question the framers had left to convention. The 44th Amendment of 1978 then added a proviso allowing the President to require the Council to reconsider its advice - but the President must act in accordance with the advice tendered after such reconsideration. So the President has a suspensive check, exercisable once, and no more. Article 74(2) adds that the question whether any advice was tendered, and what it was, shall not be inquired into by any court, which keeps the deliberations confidential. This is what makes the President a nominal executive and the Prime Minister the real one, in the parliamentary manner.

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