SHORT ANSWER:
The Council of Ministers advises the President on the use of discretionary powers, but their decisions are subject to constitutional checks.
DETAILS:
- The Council of Ministers, headed by the Prime Minister, provides advice to the President on various matters, including the use of discretionary powers.
- The President must act according to the advice of the Council of Ministers, except in certain situations where discretion is allowed.
- During state emergencies, the Constitution provides checks to prevent arbitrary decision-making, such as the requirement for parliamentary approval for certain actions.
PUNISHMENT / IMPLICATIONS (if applicable):
- If the President acts contrary to the advice of the Council of Ministers without valid reasons, it may lead to constitutional crises.
SOURCE:
- Constitution of India, Article 74 and Article 352.
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