CAPF AC 2025 Q28: Indian Polity – Constitutional Framework & Development
- (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.
Answer: (c) The President shall exercise his/her functions on the advice of the Council of Ministers, headed by the Prime Minister.
Explanation
Article 74(1) and the 42nd Amendment
How to think: Article 74(1) says there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.
The 42nd Amendment (1976) added that the President shall act in accordance with that advice, making it binding.
| Option | Is it the change? |
|---|---|
| Executive power vested in the President | No, that is Article 53 |
| PM briefs the President on decisions | No, that is Article 78 |
| President exercises functions on advice of the Council of Ministers headed by the PM | Yes, Article 74(1) as amended |
| President summons or prorogues Houses | No, that is Article 85 |
The 44th Amendment (1978) later allowed the President to send the advice back once for reconsideration, but he must follow the advice when it is sent again.
Answer: (c).
Why each option is right or wrong
- (a) Incorrect. Executive power vested in the President is Article 53.
- (b) Incorrect. The PM's duty to inform the President is in Article 78.
- (c) CORRECT. Article 74(1) as amended: the President acts on the advice of the Council of Ministers.
- (d) Incorrect. Summoning and proroguing the Houses is in Article 85.
Key point
Art 74(1): Council of Ministers with PM at the head to aid and advise the President; 42nd Amendment (1976) made the advice binding; 44th Amendment (1978) allows one reconsideration. Art 53 executive power; Art 78 PM's duties; Art 85 sessions.
Remember
Art 74(1): President acts on Council of Ministers' advice (42nd binding, 44th reconsideration).
Common mistakes
- Assigning the PM's duty to brief the President to Article 74; it is Article 78.
- Confusing the 42nd and 44th Amendments on the advice rule.
- Mixing Article 74 with Article 53 on executive power.
Exam tip
Educated guess: Article 74 is the 'aid and advise' article. Only one option mentions the Council of Ministers advising the President.
Sources
- Constitution of India, Article 74(1) as amended by the Constitution (Forty-second Amendment) Act, 1976 and the Forty-fourth Amendment Act, 1978
- M. Laxmikanth, Indian Polity, chapter on the President and Council of Ministers