The correct option is 1 and 2 only.
Explanation
Article 74 of the Constitution of India establishes a Council of Ministers with the Prime Minister at the head to aid and advise the President. The constitutional provisions regarding the binding nature of this advice were evolved through specific amendments to ensure the supremacy of the elected government in the parliamentary system.
Statement-wise Analysis:
- Statement 1 is Correct: Originally, Article 74(1) stated that there shall be a Council of Ministers to "aid and advise" the President in the exercise of his functions. It did not explicitly contain the phrase mandating that the President "shall act in accordance" with such advice, although judicial interpretations and conventions implied it.
- Statement 2 is Correct: The 42nd Constitutional Amendment Act, 1976, amended Article 74(1) to explicitly clarify the position. It added that the President "shall, in the exercise of his functions, act in accordance with such advice," thereby making the advice legally binding.
- Statement 3 is Incorrect: The 44th Constitutional Amendment Act, 1978, introduced a proviso to Article 74(1). It granted the President the power to require the Council of Ministers to reconsider their advice (either generally or otherwise). However, the President is bound to act in accordance with the advice tendered after such reconsideration. Thus, the President possesses the power to ask for reconsideration once.
Key Takeaway:
The 42nd Amendment made the advice of the Council of Ministers binding on the President, while the 44th Amendment provided a safeguard allowing the President to return the advice for reconsideration once.