Question 13 of 16intermediate💡 UnderstandShort Answer4 marks

Why do you think is the advice of the Council of Ministers binding on the President? Give your answer in not more than 100 words.

Correct Answer

The advice of the Council of Ministers is binding on the President because India follows a parliamentary system where the Council of Ministers, with majority support in the Lok Sabha, is the real executive. The President is only the formal head and ceremonial head of the nation.

Due to controversy about the President's powers, a Constitutional amendment specifically made this advice binding. The word "shall" in the Constitution indicates this binding nature. Though the President can ask for reconsideration of advice, he/she must ultimately accept the reconsidered advice.

Exercise: EXERCISES | Q: 7 | (Page 22)
For More Understanding

Explanation

The textbook explains that in a parliamentary system, the Council of Ministers is the real executive with majority support in the legislature, while the President is a formal/ceremonial head. Due to controversy about the scope of the President's powers, a Constitutional amendment specifically made the advice binding. The word 'shall' in the Constitution indicates this binding nature. Another amendment allows the President to ask for reconsideration, but the President must accept the reconsidered advice.