Who advises the President in the exercise of his powers?
Show Hint
- Rajya Sabha
- Supreme Court
- Union Council of Ministers
- Speaker of the Lok Sabha
The Correct Option is C
Solution and Explanation
Step 1: Review the role of the President of India.
The President is the head of state and the supreme commander of the armed forces. However, most of the powers are exercised on the advice of the Union Council of Ministers.
Step 2: The role of the Union Council of Ministers.
Article 74 of the Indian Constitution specifically mentions that the President shall act in accordance with the advice given by the Union Council of Ministers, which is headed by the Prime Minister. This advice is binding on the President.
In most matters, the President is guided by the Council of Ministers, though in certain situations (like constitutional interpretation), other authorities like the Supreme Court may be consulted.
Step 3: Conclusion.
The Union Council of Ministers is the body that formally advises the President on most matters of governance. Thus, the correct answer is (3).
Top Questions on Indian Constitution
I may here trace the history of the shaping of the Preamble because this would show that the Preamble was in conformity with the Constitution as it was finally accepted. Not only was the Constitution framed in the light of the Preamble but the Preamble was ultimately settled in the light of the Constitution. In the earliest draft the Preamble was something formal and read: "We, the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this Constitution." After the plan of June 3, 1947, which led to the decision to partition the country and to set up two independent Dominions of India and Pakistan, on June 8, 1947, a joint sub-committee of the Union Constitution and Provincial Constitution Committees, took note that the objective resolution would require amendment in view of the latest announcement of the British Government. The announcement of June 3 had made it clear that full independence, in the form of Dominion Status, would be conferred on India as from August 15, 1947. After examining the implications of partition the sub-committee thought that the question of making changes in the Objectives Resolution could appropriately be considered only when effect had actually been given to the June 3 Plan. Later on July 12, 1947, the special sub-committee again postponed consideration of the matter. The Union Constitution Committee provisionally accepted the Preamble as drafted by B.N. Rao and reproduced it in its report of July 4, 1947 without any change, with the tacit recognition at that stage that the Preamble would be finally based on the Objectives Resolution. In a statement circulated to members of the Assembly on July 18, 1947 Pandit Jawaharlal Nehru inter alia, observed that the Preamble was covered more or less by the Objectives Resolution which it was intended to incorporate in the final Constitution, subject to some modification on account of the political changes resulting from partition. (327 words) [Extracted with edits and revision from B Shiva Rao's - Framing of India's Constitution]
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