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'There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President' is provided in:

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Answer: Option B — Article 74(1)

Detailed Solution

Article 74(1) states that there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President, who shall, in the exercise of his functions, act in accordance with such advice.

Originally, the Constitution did not clearly say that the President was bound by this advice, though it was accepted in practice. The 42nd Amendment (1976) made it explicit that the President shall act in accordance with the advice of the Council of Ministers. The 44th Amendment (1978) added a proviso allowing the President to send the advice back once for reconsideration; but the President must act according to the advice given after reconsideration.

Article 74(2) states that the question whether any, and if so what, advice was tendered by ministers to the President shall not be inquired into in any court.

This makes the President the nominal or constitutional head of the executive, while the real executive power lies with the Council of Ministers headed by the Prime Minister. This is a key feature of the parliamentary system borrowed from Britain.

Related Articles:

Article 53: the executive power of the Union is vested in the President.

Article 75: the Prime Minister is appointed by the President, and other ministers are appointed on the PM's advice; the Council of Ministers is collectively responsible to the Lok Sabha; ministers hold office during the pleasure of the President.

Article 77: all executive action of the Government of India is taken in the name of the President.

Article 78: duties of the Prime Minister to communicate to the President all decisions of the Council of Ministers and provide information the President calls for.

The Council of Ministers has three categories: Cabinet Ministers, Ministers of State and Deputy Ministers. The Cabinet is the smaller inner body of senior ministers.

Why not the other options?

  • ✗Article 75(1) deals with the appointment of the Prime Minister and ministers.
  • ✗Article 78 deals with the duties of the Prime Minister towards the President.
  • ✗Article 53 vests the executive power of the Union in the President.

Quick tip

Remember: Article 74 = Council of Ministers to aid and advise the President (binding since the 42nd Amendment; once for reconsideration under the 44th); 75 = appointment; 77 = action in the President's name; 78 = PM's duties.

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Union Executive: President, VP & PM — Preparation

This question tests your understanding of Union Executive: President, VP & PM, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Union Executive: the President, the Vice-President, the Prime Minister and the Council of Ministers, and the Attorney General. It includes their election or appointment, qualifications, powers, removal, and the relationship between the President and the Council of Ministers. Common questions cover the electoral college that elects the President, impeachment under Article 61, the President's ordinance-making power (Article 123) and pardoning power (Article 72), and the fact that the Vice-President is the ex-officio Chairman of the Rajya Sabha. Lists of past Presidents and Prime Ministers are also tested. Practise the Union Executive questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.

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