Actual Article
Article 77: Conduct of Business of the Government of India
- Executive Action: All executive action of the Government of India shall be expressed to be taken in the name of the President.
- Orders and Instruments: Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.
- Allocation of Business: The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
UPSC Notes for Article 77
Explanation:
- Executive Action: This clause ensures that all actions taken by the Government of India are done in the name of the President, symbolizing the authority of the executive.
- Authentication of Orders: It provides a mechanism for the authentication of orders and instruments, ensuring their validity and reducing administrative disputes.
- Transaction of Business: It allows the President to make rules for the efficient transaction of government business and for the allocation of responsibilities among ministers.
Key Points:
- Symbolic Authority: Establishes the President as the formal head of the executive branch, with actions taken in their name.
- Administrative Efficiency: The rules for authentication and transaction of business ensure streamlined and efficient government functioning.
- Ministerial Responsibilities: Allocates specific duties among ministers, facilitating organized governance.
Important Cases and Commissions Related to Article 77
Cases:
- Maru Ram vs. Union of India (1980): The Supreme Court held that executive actions are to be expressed in the name of the President, reinforcing the President’s formal role in executive matters.
- Shamsher Singh vs. State of Punjab (1974): The court elaborated on the real executive power being vested in the Council of Ministers, with the President acting on their advice in exercising executive functions.
Commissions:
- Administrative Reforms Commission (ARC) Reports: Have discussed the procedural aspects of executive action and the need for clarity in administrative processes under Article 77.
Previous Year Prelims Questions Related to Article 77
- (UPSC Prelims 2015) In the context of Article 77 of the Indian Constitution, which of the following statements is correct?
- A. The President has the discretion to authenticate orders and instruments.
- B. Executive actions are expressed in the name of the President.
- C. The Prime Minister authenticates the orders and instruments.
- D. The Parliament has the authority to authenticate executive orders. Correct Answer: B. Executive actions are expressed in the name of the President
- (UPSC Prelims 2018) Which of the following provisions ensures the formal authority of the President in executive actions?
- A. Article 53
- B. Article 75
- C. Article 77
- D. Article 79 Correct Answer: C. Article 77
Previous Year Mains Questions Related to Article 77
- Mains 2016: “Discuss the significance of the formal executive actions being taken in the name of the President under Article 77 of the Indian Constitution. How does this article contribute to the administrative efficiency of the Government of India?”
- Mains 2018: “Analyze the role of the President in the authentication of orders and instruments under Article 77. How does this process ensure the validity and legality of executive actions?”
Additional Insights:
- Formal Authority vs. Real Power: While the President’s name is used in executive actions, the real power lies with the Council of Ministers, headed by the Prime Minister. This ensures that executive decisions are made by elected representatives.
- Administrative Clarity: Article 77 provides clarity on the procedure for executing government business, reducing potential administrative confusion and disputes.
- Governance Framework: By outlining the allocation of business among ministers, Article 77 contributes to a structured and organized approach to governance, ensuring that ministerial duties are clearly defined and executed efficiently.
Understanding Article 77 is essential for UPSC aspirants as it provides insights into the procedural aspects of executive actions in the Indian government. This knowledge is crucial for both preliminary and main examinations, offering a comprehensive understanding of executive-legislative relations and administrative processes in constitutional governance.