UPSC Prelims 2002 Q106: Indian Polity – Union & State Executive
Which one of the following amendments to the Indian Constitution empowers the
President to send back any matter for reconsideration by the Council of Ministers?
- (a) 39th
- (b) 40th
- (c) 42nd
- (d) 44th
Answer: (d) 44th
Explanation
Amendment letting the President send back advice for reconsideration
| Amendment | Subject |
|---|---|
| 44th Amendment (1978) | Article 74(1) proviso: the President may require the Council of Ministers to reconsider its advice (once) |
| 42nd Amendment (1976) | Made the President bound by ministerial advice |
| 39th Amendment (1975) | Placed disputes of the President, Vice-President, PM and Speaker beyond courts |
| 40th Amendment (1976) | Added laws to the Ninth Schedule |
The 42nd Amendment made the President bound by the advice of the Council of Ministers. The 44th Amendment added a proviso to Article 74(1): the President may ask the Council to reconsider its advice, but must act on the advice given after reconsideration.
Answer: (d) 44th.
Why each option is right or wrong
- (a) Incorrect. The 39th Amendment concerned election disputes of high offices.
- (b) Incorrect. The 40th Amendment concerned the Ninth Schedule and maritime zones.
- (c) Incorrect. The 42nd Amendment made ministerial advice binding.
- (d) CORRECT. The 44th Amendment added the reconsideration proviso.
Key point
Article 74(1): advice binding (42nd); President may send back once for reconsideration (44th); Article 111 gives a similar suspensive veto on Bills.
Remember
44th Amendment: President may return advice once for reconsideration.
Common mistakes
- Choosing the 42nd, which made advice binding.
- Mixing the reconsideration power with the veto over Bills.
- Thinking the President can refuse advice after reconsideration.
Exam tip
42nd binds the President; 44th gives the one chance to ask again.
Sources
- Constitution of India — Article 74
- M. Laxmikanth — Indian Polity