Examveda
Examveda

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 following statements:
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 it.
Statement 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.

A. Only Statement 1 is correct

B. Only statement 2 is correct

C. Both statements are incorrect

D. Both statements are correct

Answer: Option C


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