Article 74 of Constitution of India – Council of Ministers to aid and advise President
Article 74 of Constitution of India deals with Council of Ministers to aid and advise President
Original Text of Article 74 of Constitution of India
(1) 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.]
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
Questions related to Article 74 of Constitution of India
Article 74 mandates that the President shall act in accordance with the advice of the Council of Ministers, headed by the Prime Minister, reinforcing the parliamentary nature of the Constitution of India.
Yes, especially after the 42nd and 44th Amendments, the advice of the Council of Ministers is binding on the President. This has been clarified in multiple judgments available on Indian Kanoon.
The President may ask the Council of Ministers to reconsider its advice, but must ultimately act in accordance with the final advice, as per the Articles of Indian Constitution.
It ensures that executive power is exercised by elected representatives, not solely by the President, thus upholding the parliamentary system embedded in the Indian Constitution.
You can explore Indian Kanoon for cases like Shamsher Singh v. State of Punjab and S.R. Bommai v. Union of India, which discuss the scope of presidential powers and Article 74 in detail under the Constitution of India.
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