From amongst the following, identify the correct option that captures the changes made in Article 74(1) of the Constitution of India through the 42nd Amendment Act, 1976.
- A.Executive powers of the Union shall be vested with the President of India.
- B.The Prime Minister has the duty to brief the President about decisions of the Council of Ministers.
- C.The President shall exercise his/her functions on the advice of the Council of Ministers, headed by the Prime Minister.
- D.The President shall have the right to summon or prorogue the Houses of the Parliament.
Correct answer
Explanation
The correct answer is C, The President shall exercise his/her functions on the advice of the Council of Ministers, headed by the Prime Minister. The 42nd Amendment made that advice binding on the President. Before 1976, Article 74(1) only said there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President. The 42nd Amendment Act, 1976 added that the President "shall act in accordance with such advice". The 44th Amendment Act, 1978 then let the President send the advice back once for reconsideration, but the advice given after that must be followed. Option A is wrong because vesting executive power in the President is Article 53, which the 42nd Amendment did not touch. Option B is wrong because the Prime Minister's duty to keep the President informed is Article 78. Option D is wrong because summoning and proroguing the Houses is Article 85. Exam tip: the 42nd Amendment made the advice binding, and the 44th Amendment allowed one return for reconsideration.
Practice Questions
View allThe right to form associations and unions is a right
- A.guaranteed to everybody
- B.to freedom guaranteed to citizens only
- C.to equality before law
- D.to life and personal liberty
Show answer
The right to form associations or unions is part of Article 19, and Article 19 rights belong only to citizens of India.
Read the full explanation →Which one of the following statements with regard to the National Commission for Scheduled Tribes is not correct?
- A.The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
- B.All the reports of the Commission and its recommendations shall be laid only before Lok Sabha.
- C.The Commission, while investigating any matter, has all the powers of a Civil Court.
- D.The Commission has the power to regulate its own procedures.
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It is not correct, because the President causes the Commission's reports to be laid before each House of Parliament, not only before the Lok Sabha.
Read the full explanation →Which of the following statements with regard to the conduct of elections in India is/are not correct? 1. The responsibility for the preparation of the electoral rolls is vested in the Election Commission of India. 2. The Model Code of Conduct comes into existence as soon as the date of the election is announced. 3. The laws relating to delimitation of constituencies are made by the Election Commission of India. 4. No election shall be called in question except by an election petition. Select the correct answer using the code given below.
- A.3 only
- B.1, 2 and 4
- C.1, 2 and 3
- D.4 only
Show answer
Statement 3 is the only incorrect one, because laws on the delimitation of constituencies are made by Parliament, not by the Election Commission.
Read the full explanation →Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?
- A.It was inserted by the Constitution (First Amendment) Act, 1951.
- B.The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.
- C.The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of basic structure.
- D.The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.
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It is not correct, because Article 31B says the opposite: an Act placed in the Ninth Schedule shall not become void merely because it is inconsistent with a fundamental right in Part III.
Read the full explanation →The Sixth Schedule of the Constitution of India pertains to the administration of tribal areas in which of the following States?
- A.Assam, Meghalaya, Tripura and Mizoram
- B.Meghalaya, Tripura, Manipur and Mizoram
- C.Assam, Manipur, Meghalaya and Tripura
- D.Manipur, Meghalaya, Tripura and Arunachal Pradesh
Show answer
The Sixth Schedule covers the administration of tribal areas in exactly these four north-eastern states.
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