Which one of the following amendments to the Indian Constitution empowers the President to send back any matter for reconsideration by the Council of Ministers?
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UPSC Civil Services preparation
- A39th
- B40th
- C42nd
- D44thCorrect
Explanation
The correct answer is D. The 44th Amendment Act of 1978 was enacted by the Janata Party government to nullify several changes made during the Emergency. It amended Article 74(1) of the Constitution to state that the President may require the Council of Ministers to reconsider their advice. However, the amendment also specifies that the President must act in accordance with the advice tendered after such reconsideration. Prior to this, the 42nd Amendment had made the advice of the Council of Ministers binding on the President without any provision for reconsideration.
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