Which Constitutional Amendment explicitly inserted the term 'Cabinet' into the Indian Constitution in the context of Article 352?
- A.42nd Constitutional Amendment Act, 1976
- B.43rd Constitutional Amendment Act, 1977
- C.44th Constitutional Amendment Act, 1978
- D.45th Constitutional Amendment Act, 1980
Correct answer
Explanation
The correct answer is 44th Constitutional Amendment Act, 1978. The word "Cabinet" did not appear anywhere in the original Constitution, which speaks only of the Council of Ministers. After the Emergency of 1975, which was proclaimed on the Prime Minister's advice alone, with the Cabinet told only the next morning, the 44th Amendment laid down that the President can proclaim a National Emergency under Article 352 only when the decision of the Union Cabinet is communicated in writing. That is how the word entered the Constitution, in Article 352(3), and it remains the only Article that uses it.
The 42nd Amendment (1976), passed during the Emergency, is the tempting wrong answer, but it strengthened the Centre and did not mention the Cabinet. The 43rd Amendment (1977) restored some powers of the courts that the 42nd had curtailed, and the 45th Amendment (1980) extended the reservation of seats for Scheduled Castes and Scheduled Tribes. The same 44th Amendment also replaced "internal disturbance" with "armed rebellion" as a ground for emergency.
Read the full article: Prime Minister and Council of Ministers: Notes, Articles and PYQs
Practice Questions
View allArticle 74 of the Constitution elaborates on which of the following?
- A.Appointment of Chief Justice by President
- B.Appointment of Vice President by President
- C.Council of Ministers to aid and advise President
- D.Appointment of Chairman of Finance Commission
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Article 74(1) says 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 that advice.
Read the full explanation →The Prime Minister and the other Ministers of the Indian Union are appointed by the President under ______ of the Constitution of India.
- A.Article 70
- B.Article 79
- C.Article 75
- D.Article 85
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Article 75(1) says the Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister.
Read the full explanation →Article 77 of the Indian Constitution deals with the ________.
- A.term of office of the Vice-President
- B.Vice-President of India
- C.oath of office by the Vice-President
- D.conduct of business of the Government of India
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Article 77 says all executive action of the Government of India shall be expressed to be taken in the name of the President, and that the President shall make rules for the more convenient transaction of the government's business and for allocating it among ministers.
Read the full explanation →Which of the following is dealt in Article 78 of the Constitution?
- A.President's power to send advisory messages to the Parliament
- B.Emergency powers of the President
- C.President's power to get information from the Council of Ministers
- D.Prime Minister's duty regarding keeping the President informed about the government's decisions and policies
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Article 78 makes it the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the Union and proposals for legislation; to furnish such information about them as the President may call for; and, if the President so…
Read the full explanation →For how long a person can serve as a minister without being a member of either House of Parliament of India?
- A.6 consecutive months
- B.3 consecutive months
- C.12 consecutive months
- D.2 consecutive month
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Article 75(5) says a minister who for any period of six consecutive months is not a member of either House of Parliament shall, at the end of that period, cease to be a minister.
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