UPSC Prelims 2002 · General Studies
Question 106: Polity and Governance
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?
AnswerThe answer is (d).
The 44th Amendment (1978) changed Article 74(1) so that the President may send the Council of Ministers' advice back for reconsideration once; if the Council advises the same again, the President must act on it. The 42nd Amendment had made the advice binding, and the 44th softened that. The 39th and 40th Amendments dealt with other subjects.
Why each option is right or wrong
- (a) The 39th Amendment dealt with election disputes of the highest offices.
- (b) The 40th Amendment concerned other matters, including Ninth Schedule additions.
- (c) The 42nd Amendment made the Council's advice binding on the President.
- (d) Right: the 44th Amendment, 1978.
Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2002, General Studies. UPSC's own paper isn't online; the words are from a published compilation. The paper on upsc.gov.in.