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?
A
39th
B
40th
C
42nd
D
44th
Correct Answer: Option D
Explanation
1. The question asks which constitutional amendment empowers the President to send back any matter (excluding Money Bills) for reconsideration by the Council of Ministers.
2. The 42nd Amendment (1976) (Option C) had made the President's duty to act in accordance with the advice of the Council of Ministers mandatory, effectively removing any discretion to ask for reconsideration.
3. The 44th Amendment (1978) (Option D) modified this. It added a proviso to Article 74(1) which states that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
4. This amendment restored a limited power to the President to ask the Council of Ministers to reconsider its advice once.
5. The 39th (A) and 40th (B) amendments dealt with other matters (e.g., election disputes, territorial waters).