Table of Contents
- 1 Is the President of India bound by the advice given by the Council of Ministers?
- 2 Why advice of Council of Ministers is binding on President?
- 3 Who can remove council of ministers?
- 4 Can President of India overrule Supreme Court?
- 5 Who appoints the Council of Minister and on whose advice?
- 6 Who appoints the Attorney General of India?
- 7 Who is the current President of India?
- 8 What are the powers and functions of the Prime Minister of India?
Is the President of India bound by the advice given by the Council of Ministers?
Forty-second Amendment of the Constitution of India (1976) made it explicit that the President shall, “act in accordance with such advice”. The amendment went into effect from 3 January 1977. But if the Council of Ministers sends the same advice again to the President then the President must accept it.
Why advice of Council of Ministers is binding on President?
The advice of the Council of Ministers is binding on the President in a parliamentary executive because the Council of Ministers is an elected executive that has the support of the majority in the legislature. It also emphasises the supreme authority of elected representatives in a Republic.
Is the president bound by the advice of the COM in the matters of appointment of the PM?
Though Ministers hold office during the pleasure of President, but President is bound to exercise his pleasure in accordance with Prime Minister’s advice.
Who can remove council of ministers?
Under the provision of “Collective Responsibility” under Article 75, the Prime Minister and the entire Council of Ministers resign if a Vote of No Confidence is passed in the Lower House (Lok Sabha) of the Indian Parliament.
Can President of India overrule Supreme Court?
Under Article 217(1) of the Constitution, the President with a consultation with the Governor of the State, the Chief Justice of India and the Chief Justice of the State. The President also has the power to rectify the judgment dictated by the court.
Who are appointed by the President on the advice of Prime Minister?
(1) The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister. (2) The ministers shall hold office during the pleasure of the President. (3) The Council shall be collectively responsible to the House of the People.
Who appoints the Council of Minister and on whose advice?
The Council of Ministers are appointed by the President on the advice of the Prime Minister.
Who appoints the Attorney General of India?
The Indian government’s chief legal adviser, Attorney General of India, is appointed by the president of India under Article 76 (1) and holds office during the pleasure of the president.
Who is the head of the state in India?
The President of the Republic of India is the ceremonial head of state of India and the commander-in-chief of the Indian Armed Forces.
Who is the current President of India?
For a list of officeholders, see List of presidents of India. The President of India ( IAST: Bhārat ke Rāṣṭrapati ), officially the President of the Republic of India, is the ceremonial head of state of India and the commander-in-chief of the Indian Armed Forces. Ram Nath Kovind is the 14th and current president.
What are the powers and functions of the Prime Minister of India?
He has pardoning power: Under article 72, he has been conferred with power to grant pardon against punishment for an offence against union law, punishment by a martial court, or death sentence. He is the commander of the defence forces of India. He appoints: He deals with three types of emergencies given in the Indian Constitution: