Actual Article
Article 74: Council of Ministers to aid and advise President
- There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:
- Provided 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.
- The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
UPSC Notes for Article 74
Explanation:
- Council of Ministers: The article mandates the existence of a Council of Ministers, headed by the Prime Minister, to aid and advise the President.
- Binding Advice: The President is bound to act according to the advice of the Council of Ministers. However, the President can ask the Council to reconsider its advice. After reconsideration, the President must act according to the revised advice.
- Non-Justiciable Advice: The advice tendered by the Council of Ministers to the President is beyond judicial review, meaning courts cannot inquire into the content of the advice given.
Key Points:
- Executive Structure: Establishes the framework for the functioning of the executive, ensuring that the President acts on the advice of the Council of Ministers.
- Reconsideration Mechanism: Provides a mechanism for the President to seek reconsideration, ensuring a check while ultimately mandating adherence to the Council’s advice.
- Judicial Non-interference: Ensures the confidentiality and non-justiciability of the advice given to the President, maintaining the separation of powers.
Important Cases and Commissions Related to Article 74
Cases:
- S.R. Bommai vs. Union of India (1994): This landmark case reinforced the principle that the President must act on the advice of the Council of Ministers and clarified the scope of Article 74.
- Rai Sahib Ram Jawaya Kapur vs. State of Punjab (1955): The Supreme Court emphasized the importance of the Council of Ministers in the decision-making process of the executive.
Commissions:
- Sarkaria Commission (1983): Focused on Centre-State relations, the commission reviewed the roles and functions of the Council of Ministers in aiding and advising the President.
- Punchhi Commission (2010): Recommended further clarity on the functioning of the Council of Ministers and the President’s role in acting on their advice.
Important Reports Related to Article 74
- Law Commission Reports: Discuss the constitutional provisions regarding the executive, including the role and advice of the Council of Ministers to the President.
- Parliamentary Committee Reports: Analyze the functioning of the executive branch, specifically focusing on the interactions between the President and the Council of Ministers.
Previous Year Prelims Questions Related to Article 74
- (UPSC Prelims 2015) Which of the following statements regarding Article 74 is correct?
- A. The President can act independently of the Council of Ministers.
- B. The advice of the Council of Ministers is binding on the President.
- C. The President can dismiss the Council of Ministers at will.
- D. The advice tendered by the Council of Ministers can be inquired into by the courts. Correct Answer: B. The advice of the Council of Ministers is binding on the President.
- (UPSC Prelims 2018) The President of India can require the Council of Ministers to reconsider its advice. If the Council of Ministers reiterates its advice, the President:
- A. Can ignore the advice
- B. Has to act according to the advice
- C. Can refer the matter to the Supreme Court
- D. Can ask for a joint session of Parliament Correct Answer: B. Has to act according to the advice
Previous Year Mains Questions Related to Article 74
- Mains 2017: “Discuss the significance of the Council of Ministers in aiding and advising the President under Article 74. How does this article ensure the smooth functioning of the parliamentary system in India?”
- Mains 2019: “Analyze the constitutional provisions regarding the advice tendered by the Council of Ministers to the President under Article 74. How does judicial non-interference ensure executive confidentiality and efficiency?”
Additional Insights:
- Democratic Governance: Article 74 ensures that the real executive power rests with the elected representatives, i.e., the Prime Minister and the Council of Ministers, making the President’s role more ceremonial.
- Checks and Balances: The provision for the President to seek reconsideration of advice adds a layer of checks and balances within the executive framework.
- Confidentiality: By making the advice non-justiciable, Article 74 ensures the confidentiality necessary for the smooth functioning of the executive branch, preventing judicial overreach into executive decisions.
Understanding Article 74 is crucial for UPSC aspirants as it highlights the relationship between the President and the Council of Ministers, a cornerstone of India’s parliamentary democracy. This knowledge is essential for both preliminary and main examinations, providing insights into the executive’s functioning and constitutional governance.