The power of the President of India to refer a matter back to the Council of Ministers for reconsideration was inserted in the Constitution by
- A.44th Amendment
- B.42nd Amendment
- C.43rd Amendment
- D.35th Amendment
Correct answer
Explanation
The correct answer is A, 44th Amendment. The 44th Amendment of 1978 added a proviso to Article 74(1) letting the President ask the Council of Ministers to reconsider its advice once.
Article 74(1) says there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President. The 42nd Amendment of 1976 had made that advice binding. The Janata government's 44th Amendment kept the binding rule but added that the President may require the Council to reconsider the advice, and must act on the advice given after such reconsideration. So the President gets one chance to send it back, a kind of suspensive check.
B is wrong because the 42nd Amendment made the advice binding and gave no power to return it. C is wrong because the 43rd Amendment of 1977 undid some changes of the 42nd regarding courts and anti-national activities. D is wrong because the 35th Amendment of 1974 made Sikkim an associate state.
Exam tip: 42nd — advice binding; 44th — President may return it once (proviso to Article 74(1)).
Practice Questions
View allThe Parliament of India is primarily based on the model of
- A.German Parliament
- B.British Parliament
- C.American Congress
- D.French Parliament
Show answer
India adopted the parliamentary form of government from Britain, often called the Westminster model.
Read the full explanation →Consider the following statements :
1. The minimum age prescribed for any person to be a member of Panchayat is 25 years.
2. A Panchayat reconstituted after premature dissolution continues only for the remainder period.
Which of the statements given above is/are correct?
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
Show answer
A Panchayat formed after an early dissolution serves only the rest of the original term, but the minimum age to be a member is 21 years, not 25.
Read the full explanation →Consider the following statements :
1. The Election Commission of India is five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.
Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 only
- C.2 and 3 only
- D.3 only
Show answer
Only statement 3 is correct: the Election Commission decides disputes over splits and mergers of recognised parties. Under Article 324 the Commission superintends, directs and controls elections to Parliament, the State legislatures and the offices of President and Vice-President.
Read the full explanation →In India, Judicial Review implies
- A.the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
- B.the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
- C.the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
- D.the power of the Judiciary to review its own judgements given earlier in similar or different cases.
Show answer
Judicial review lets the Supreme Court and the High Courts strike down any law or executive action that violates the Constitution.
Read the full explanation →Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement ?
- A.Article 14 and the provisions under the 42nd Amendment to the Constitution
- B.Article 17 and the Directive Principles of State Policy in Part IV
- C.Article 21 and the freedoms guaranteed in Part III
- D.Article 24 and the provisions under the 44th Amendment to the Constitution
Show answer
The Supreme Court has held privacy to be part of the right to life and personal liberty in Article 21 and of the other freedoms in Part III.
Read the full explanation →