Is advice of Council of Ministers binding on President?

Is advice of Council of Ministers binding on President?

However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President. Forty-second Amendment of the Constitution of India (1976) made it explicit that the President shall, “act in accordance with such advice”. The amendment went into effect from 3 January 1977.

Does the President exercise his powers on the advice of the Council of Ministers?

Although Article 53 of the Constitution of India states that the president can exercise his powers directly or by subordinate authority, with few exceptions, all of the executive powers vested in the president are, in practice, exercised by the prime minister (a subordinate authority) with the help of the Council of …

What do you mean by Council of Ministers Class 11?

What do you mean by ‘Council of Ministers’? Answer: Council of Ministers is a constitutional body. According to Article 74(1), there shall be a council of ministers to aid and advise the president, The President shall act on the advice of Prime Minister, the leader of ruling party.

Is the Council of Ministers collectively responsible to the President?

The Council of Ministers is collectively responsible to the House of the People. The President summons the two Houses of Parliament to meet from time to time.

What is the Article 77?

Clause (3) of Article 77 (“Conduct of Business of the Government of India “) of the Constitution of India lays down as follows: “(3) The President shall make rules for the more convenient transaction of the business of the Government of India , and for the allocation among Ministers of the said business”.

Which is the power of the president to appointment governors?

The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution of India (Article 154). The Governor of a State shall be appointed by the President by warrant under his hand and seal (Article 155).

What are the 3 organs of the government?

There are three distinct activities in every government through which the will of the people are expressed. These are the legislative, executive and judicial functions of the government. Corresponding to these three activities are three organs of the government, namely the legislature, the executive and the judiciary.

What is the Article 75 3?

Article 75(3) mentions that all the Ministers collectively shall be responsible to the Lok Sabha. Article 75(5) states that a Minister will resign from office if he/she is not a member of either the Lok Sabha or the Rajya Sabha for a period of six months.

What is the Article 73?

Article 73 of the Indian Constitution provides that the executive power of the Union extends to matters concerning which the Parliament can make laws. It implies that the executive authority is competent on issues on which the Union legislature has competence.

Who is responsible to the Council of Ministers?

Ministers hold their office during the pleasure of the President. Council of Ministers is collectively responsible to the Lok Sabha. PM communicates all decisions made by the council of members to the President. President can also refer issues for the consideration of the council of members.

Can a president veto the advice of Council of Ministers?

Yes,President of India can use her pocket veto against the advice of council of ministers. On a bill passed by Parliament, president can react on it by three ways:She can give the approval to the bill by appending her signature.

Can a Council of Ministers reject a bill?

Hence, any Bill introduced by the Cabinet cannot be rejected and the Council of Ministers if it desires so can ask the Governor to dissolve the Legislative Assembly. The Governor under such circumstances also is to act on the advice of the Ministry.

What’s the role of the chairman of the cabinet?

Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members. Official Representative of the country: Prime minister represents the country for high-level international meetings