Article 74(2) the question whether any, and if so what, advice was tendered by ministers to the president shall not be inquired into in any court. In the light of article 74(2) and decided cases, test the correctness of the followingstatements:Statement 1: the courts are justified in probing as to whether there was any material on the basis of which the advice was given, and whether it was relevant for such advice and the president could have acted on itStatement 2: when the courts undertake an enquiry into the existence of such material, the prohibition contained in article 74(2) does not negate their right to know about the factual existence of any such material

Question

Examsnet · Accepted Answer

Correct Answer is : Both statements are incorrect

CLAT LLM 2011 Question Paper with answer key for online practice