1. Both Assertion (A) and Reason (R) are true and Reason (R) is correct explanation of Assertion (A)
  2. Both Assertion (A) and Reason (R) are true but Reason (R) is not correct explanation of Assertion (A)
  3. Assertion (A) is true but Reason (R) is false
  4. Assertion (A) is false but Reason (R) is true

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Option 1 : Both Assertion (A) and Reason (R) are true and Reason (R) is correct explanation of Assertion (A)

The correct answer is Both Assertion (A) and Reason (R) are true and Reason (R) is correct explanation of Assertion (A).

  • Article 163 of the Constitution of India reads :
  • The question of whether any and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any Court. Hence Assertion(A) is correct.
  • Hence, there is no provision in the Indian Constitution for the system of legal responsibility of the ministers in the States.
  • Therefore, Both Assertion (A) and Reason (R) are true but Reason (R) is the correct explanation of Assertion (A)
  • There shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. 
  • The decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
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  • 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".
  • However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President.
  • The 42nd Amendment (1976) made it explicit that the President shall, "act in accordance with such advice". 
  • Article 163(3) is applicable to the Governors of states exactly similar to Article 74(2).
  • When cabinet ministers/meeting minutes are not supporting the advice given to the Governor, he can act at his discretion without violating the constitution.
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