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Question

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.

The correct answer is
The President shall exercise his/her functions on the advice of the Council of Ministers, headed by the Prime Minister.

This question asks to identify the correct statement regarding the changes made to Article 74(1) of the Constitution of India by the 42nd Amendment Act, 1976.

Article 74(1) and the 42nd Amendment Act

Article 74 of the Constitution of India deals with the Council of Ministers to aid and advise the President. Specifically, Article 74(1) originally stated that the President would act in accordance with the advice of the Council of Ministers headed by the Prime Minister.

The 42nd Amendment Act, 1976, significantly altered Article 74(1). It amended the clause to make the advice of the Council of Ministers *binding* on the President. This meant the President *had* to act according to the advice given by the Council of Ministers, removing any discretion.

Analysis of Options

Let's examine each option in the context of the changes brought by the 42nd Amendment Act, 1976, to Article 74(1):

  • Option 1: Executive powers of the Union shall be vested with the President of India.

    This statement relates to Article 53 of the Constitution, which vests the executive powers of the Union in the President. While true, it does not specifically describe the changes made to Article 74(1) by the 42nd Amendment Act.

  • Option 2: The Prime Minister has the duty to brief the President about decisions of the Council of Ministers.

    The duty of the Prime Minister to communicate all decisions of the Council of Ministers relating to the administration of the Union to the President is outlined in Article 78 of the Constitution. This is not the primary change introduced by the 42nd Amendment Act in Article 74(1).

  • Option 3: The President shall exercise his/her functions on the advice of the Council of Ministers, headed by the Prime Minister.

    This option accurately reflects the essence of Article 74(1), especially after the 42nd Amendment Act, 1976. The amendment emphasized that the President *shall* exercise functions based on the advice of the Council of Ministers headed by the Prime Minister, making this advice binding.

  • Option 4: The President shall have the right to summon or prorogue the Houses of the Parliament.

    The powers to summon and prorogue the Houses of Parliament are laid down in Article 85 of the Constitution. These powers are exercised by the President, but they are distinct from the advisory role of the Council of Ministers mentioned in Article 74(1) and were not the focus of the 42nd Amendment's changes to that specific article.

Conclusion on Article 74(1) Changes

The 42nd Amendment Act, 1976, reinforced the parliamentary system by ensuring that the President acts strictly on the aid and advice of the Council of Ministers. Option 3 correctly captures this aspect concerning the President's exercise of functions based on the Council of Ministers' advice.

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Important Questions from Amendment of the Constitution

  1. The 91st Amendment Act of Indian Constitution was brought in
  2. Which Amendment of the Indian Constitution introduced Fundamental Duties?
  3. _______ were not the part of original Constitution of India instead added in 1976 by 42nd Amendment Act on the recommendation of Sardar,Swaran Singh Committee.
  4. The Ninth Schedule was added to the Constitution of India by the
  5. Match List-I with List-II and select the correct answer using the code given below the Lists :

    List–I
    (Constitutional Amendment Act)
    List–II
    (Major Amendment)
    A. The Constitution (One Hundred and Second Amendment) Act1. Constitutional status to the National Commission for Backward Classes
    B. The Constitution (One Hundred and Third Amendment) Act2. Abolition of reservation of seats for Anglo-Indians in the Lok Sabha and State Legislative Assemblies
    C. The Constitution (One Hundred and Fourth Amendment) Act3. Ten percent reservation for Economically Weaker Sections (EWS) in the Central Government jobs
    D. The Constitution (One Hundred and Sixth Amendment) Act4. Thirty-three percent reservation for women in the Lok Sabha and State Legislative Assemblies

    Code :

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