why do you thik is the advice of the council of minister binding on the presiddnt? Give your answer in not more than 100 words
Answers
Explanation:
Before the 42nd amendment, Article 74(1) stated that, "there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions". ... But if the Council of Ministers sends the same advice again to the President then the President must accept it.
We think that the President is bound to act on the advice of the council of ministers.
Because in a Parliamentary system, the President is the formal head of the government. According to Article 74(1), there shall be 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. provided that the President may require the council of ministers to reconsider such advice and the President shall act in accordance with the advice tendered after such reconsideration.