Question

The Council of Ministers with the Prime Minister at the head shall aid and advise the President and whether such advice was given cannot be scrutinized by the courts is laid down under :

• A. Art 74 (2) of the Constitution
• B. Art 75 (2) of the Constitution
• C. Art 77 (2) of the Constitution
• D. Art 73 (2) of the Constitution

Answer 1

Answer:

A. Art 74 (2) of the Constitution

• Article 74(1): States that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.

• Article 74(2): Explicitly mandates that the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.