Actual Article
Article 78: Duties of Prime Minister as respects the furnishing of information to the President, etc.
It shall be the duty of the Prime Minister:
a. To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;
b. To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for;
c. If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
UPSC Notes for Article 78
Explanation:
- Communication with the President: Ensures that the President is kept informed of all key decisions and legislative proposals by the Council of Ministers.
- Information Furnishing: Mandates that the Prime Minister provides any information the President requests concerning the Union’s administration and legislative proposals.
- Reconsideration of Decisions: Allows the President to ask the Prime Minister to bring any individual minister’s decision to the Council of Ministers for reconsideration.
Key Points:
- Role of Prime Minister: Emphasizes the responsibility of the Prime Minister to keep the President updated on government affairs and legislative matters.
- Presidential Oversight: Provides a mechanism for the President to stay informed and request further deliberation on specific issues, ensuring an additional layer of oversight.
- Administrative Coordination: Promotes transparency and coordination between the executive and the President, reinforcing the structure of parliamentary democracy.
Important Cases and Commissions Related to Article 78
Cases:
- U.N.R. Rao vs. Indira Gandhi (1971): The Supreme Court highlighted the constitutional duty of the Prime Minister to inform the President about the Council of Ministers’ decisions.
- Rai Sahib Ram Jawaya Kapur vs. State of Punjab (1955): This case touched upon the functions and duties of the Prime Minister and the Council of Ministers, underscoring the importance of their relationship with the President.
Commissions:
- Sarkaria Commission (1983): Analyzed Centre-State relations and discussed the roles and responsibilities of the Prime Minister, including duties under Article 78.
- Punchhi Commission (2010): Recommended strengthening the process of information sharing between the Prime Minister and the President to enhance governance and accountability.
Previous Year Prelims Questions Related to Article 78
- (UPSC Prelims 2016) The Prime Minister of India, at the time of his/her appointment:
- A. Must be a member of either House of Parliament
- B. Must be a member of the Lok Sabha
- C. Need not necessarily be a member of either House of Parliament but must become a member of either House within six months
- D. Must be a member of the Rajya Sabha Correct Answer: C. Need not necessarily be a member of either House of Parliament but must become a member of either House within six months
- (UPSC Prelims 2017) Under the Constitution of India, which one of the following is not a duty of the Prime Minister?
- A. To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation
- B. To take action against any Minister who disregards the directions of the Prime Minister
- C. To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for
- D. If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council Correct Answer: B. To take action against any Minister who disregards the directions of the Prime Minister
Previous Year Mains Questions Related to Article 78
- Mains 2015: “Discuss the significance of Article 78 of the Indian Constitution in ensuring the accountability of the Prime Minister to the President. How does this article contribute to the functioning of parliamentary democracy?”
- Mains 2018: “Analyze the role of the Prime Minister in keeping the President informed of the decisions of the Council of Ministers. How does Article 78 facilitate this relationship and ensure effective governance?”
Additional Insights:
- Prime Minister’s Accountability: Article 78 ensures that the Prime Minister remains accountable to the President, maintaining a balance between the executive head and the ceremonial head of the state.
- Transparency and Coordination: By mandating communication and information sharing, this article promotes transparency in governance and ensures that the President is well-informed to perform their constitutional duties effectively.
- Parliamentary Democracy: Reinforces the principles of parliamentary democracy by ensuring that the executive decisions are communicated to the President, thereby keeping the President in the loop of governmental functioning.
Understanding Article 78 is crucial for UPSC aspirants as it highlights the duties of the Prime Minister in relation to the President, emphasizing the accountability and transparency within the executive branch of the government. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of executive-legislative relations and constitutional governance.