Consider the following statements regarding the amendment to Article 74(1) of the Constitution: 1. It was a substantive change that altered the original power structure of the Executive. 2. It clarified that the advice of the Council of Ministers is binding on the President. 3. It was essentially a reiteration of the existing convention. Which of the statements given above is/are correct?

Correct Option The correct option is 2 and 3 only. Explanation Article 74(1) of the Constitution deals with the Council of Ministers with the Prime Minister at the head to aid and advise the President. The nature of this advice and the President's obligation to follow it were subjects of constitutional conventions until specific amendments were introduced. Statement-wise Analysis - Statement 1 is Incorrect: The amendment to Article 74(1) did not alter the original power structure of the Executive. India adopted the Parliamentary form of government (Westminster model) from the beginning, where the President is the constitutional or nominal head, and real executive power lies with the Council of Ministers. The amendment merely removed ambiguity regarding this relationship; it did not change the fundamental structure of the Executive. - Statement 2 is Correct: The 42nd Constitutional Amendment Act (1976) explicitly amended Article 74(1) to state that the President "shall, in the exercise of his functions, act in accordance with such advice." This clarified beyond doubt that the advice of the Council of Ministers is binding on the President. - Statement 3 is Correct: Prior to the 42nd Amendment, the binding nature of the advice was a well-established constitutional convention, supported by Supreme Court judgments (e.g., Shamsher Singh v. State of Punjab, 1974). The Court held that the President is a formal or constitutional head. Therefore, the amendment was essentially a statutory reiteration and codification of an existing convention rather than a new invention. Key Takeaway Key Takeaway: The 42nd Amendment Act codified the parliamentary convention that the President is bound by the aid and advice of the Council of Ministers. The 44th Amendment later added a proviso allowing the President to send advice back for reconsideration once, but the reconsidered advice remains binding.

NCERT Class 11 Political Science — Chapter 9: Constitution as a Living document

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Consider the following statements regarding the amendment to Article 74(1) of the Constitution:

It was a substantive change that altered the original power structure of the Executive.
It clarified that the advice of the Council of Ministers is binding on the President.
It was essentially a reiteration of the existing convention.

Which of the statements given above is/are correct?

Official previous-year question

Verified 1 Aug 2026.

Options

A1, 2 and 3
B1 and 2 only
C2 and 3 only
D1 and 3 only

Did you get this right?

Solution

Correct Option

The correct option is 2 and 3 only.

Explanation

Article 74(1) of the Constitution deals with the Council of Ministers with the Prime Minister at the head to aid and advise the President. The nature of this advice and the President's obligation to follow it were subjects of constitutional conventions until specific amendments were introduced.

Statement-wise Analysis

Statement 1 is Incorrect: The amendment to Article 74(1) did not alter the original power structure of the Executive. India adopted the Parliamentary form of government (Westminster model) from the beginning, where the President is the constitutional or nominal head, and real executive power lies with the Council of Ministers. The amendment merely removed ambiguity regarding this relationship; it did not change the fundamental structure of the Executive.
Statement 2 is Correct: The 42nd Constitutional Amendment Act (1976) explicitly amended Article 74(1) to state that the President "shall, in the exercise of his functions, act in accordance with such advice." This clarified beyond doubt that the advice of the Council of Ministers is binding on the President.
Statement 3 is Correct: Prior to the 42nd Amendment, the binding nature of the advice was a well-established constitutional convention, supported by Supreme Court judgments (e.g., Shamsher Singh v. State of Punjab, 1974). The Court held that the President is a formal or constitutional head. Therefore, the amendment was essentially a statutory reiteration and codification of an existing convention rather than a new invention.

Key Takeaway

Key Takeaway: The 42nd Amendment Act codified the parliamentary convention that the President is bound by the aid and advice of the Council of Ministers. The 44th Amendment later added a proviso allowing the President to send advice back for reconsideration once, but the reconsidered advice remains binding.

Your note

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Solution

Correct Option

The correct option is 2 and 3 only.

Explanation

Statement-wise Analysis

Statement 1 is Incorrect: The amendment to Article 74(1) did not alter the original power structure of the Executive. India adopted the Parliamentary form of government (Westminster model) from the beginning, where the President is the constitutional or nominal head, and real executive power lies with the Council of Ministers. The amendment merely removed ambiguity regarding this relationship; it did not change the fundamental structure of the Executive.
Statement 2 is Correct: The 42nd Constitutional Amendment Act (1976) explicitly amended Article 74(1) to state that the President "shall, in the exercise of his functions, act in accordance with such advice." This clarified beyond doubt that the advice of the Council of Ministers is binding on the President.
Statement 3 is Correct: Prior to the 42nd Amendment, the binding nature of the advice was a well-established constitutional convention, supported by Supreme Court judgments (e.g., Shamsher Singh v. State of Punjab, 1974). The Court held that the President is a formal or constitutional head. Therefore, the amendment was essentially a statutory reiteration and codification of an existing convention rather than a new invention.