This statement is incorrect. Article 74(2) of the Constitution of India explicitly states that "the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court." This grants confidentiality and immunity from judicial review to the advice given by the Council of Ministers to the President.
Which one of the following statements about the Union Council of Ministers is not correct?
Asked in UPSC CISF AC EXE 2017 · Topic: The Council of Ministers (Role and Functions of the Council of Ministers/Cabinet)
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Answer: D. The advice given by the Council of Ministers is subject to judicial scrutiny.
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