Article 74

Article 74 of the Constitution of India defines the relationship between the President of India and the Council of Ministers, headed by the Prime Minister. It establishes the foundational framework of India’s parliamentary system of government, wherein the President acts on the aid and advice of the Council of Ministers, ensuring that the executive authority of the Union operates under democratic control.

Constitutional Background and Purpose

Article 74 embodies the essence of responsible government in India. Though the President is the constitutional head of the State, the real executive power is exercised by the Council of Ministers, which is collectively responsible to the Lok Sabha, the directly elected House of the People.
The provision ensures that the President, as the head of the executive, functions in accordance with the will of the people as expressed through their elected representatives. This arrangement reflects the Westminster model of parliamentary democracy, where the nominal executive (the Head of State) acts on the advice of the real executive (the Council of Ministers).

Text and Key Provisions of Article 74

Article 74 comprises two main clauses that define the relationship between the President and the Council of Ministers:
Clause (1): Advice to the President

• The article mandates that there shall be a Council of Ministers, with the Prime Minister as its head, to aid and advise the President in the exercise of his or her functions.
• The President must act in accordance with such advice.
• However, the President may require the Council of Ministers to reconsider its advice once.
• After reconsideration, the President is bound to act in accordance with the advice tendered, whether modified or reiterated.

This provision establishes the binding nature of ministerial advice on the President while allowing limited discretion to ensure internal checks within the executive.
Clause (2): Protection of Executive Advice

• Article 74(2) states that the courts shall not inquire into the advice tendered by the Council of Ministers to the President.
• This clause ensures confidentiality of cabinet deliberations and protects the principle of separation of powers by excluding judicial review of the internal processes of the executive.

Historical Evolution

Originally, Article 74(1) did not expressly require the President to act in accordance with ministerial advice. This ambiguity was clarified by the 44th Constitutional Amendment Act, 1978, which added the phrase “the President shall act in accordance with such advice” and allowed the President to request reconsideration once.
The amendment was a response to the constitutional controversies that arose during the Emergency period (1975–1977), ensuring that the President cannot act independently of the elected government’s advice.

Nature and Scope of the Council of Ministers’ Advice

The advice given to the President under Article 74 is comprehensive and binding. It covers all executive actions, including:

• Appointments and removals of constitutional functionaries.
• Dissolution of the Lok Sabha.
• Promulgation of ordinances under Article 123.
• Proclamation of emergency under Articles 352, 356, and 360.

However, the power to seek reconsideration of advice allows the President to act as a constitutional safeguard, ensuring prudence and accountability within the executive decision-making process.

Judicial Interpretation and Landmark Judgments

Several landmark judgments have clarified the scope and implications of Article 74:

• Keshavananda Bharati v. State of Kerala (1973):The Supreme Court identified the parliamentary system and the rule of law as part of the basic structure of the Constitution, within which Article 74 operates as a key component.
• Shri S. R. Bommai v. Union of India (1994):The Court examined the relationship between the President and the Council of Ministers, particularly during the proclamation of President’s Rule under Article 356. It held that the President’s satisfaction must be based on the advice of the Council of Ministers and is subject to judicial review in cases of mala fide or irrational action.
• Rameshwar Prasad v. Union of India (2006):The Court reiterated that the President cannot act without or against the advice of the Council of Ministers, except where the Constitution expressly confers discretion.

These judgments collectively affirm that the President’s role is ceremonial and constitutional, while the Council of Ministers holds real executive authority.

Relationship with Other Constitutional Articles

Article 74 functions in conjunction with several other provisions defining the structure and responsibility of the executive branch:

• Article 52: Establishes the office of the President of India.
• Article 53: Vests the executive power of the Union in the President.
• Article 75: Provides for the appointment of the Prime Minister and Ministers, their tenure, and collective responsibility to the Lok Sabha.
• Article 77: Governs the conduct of business of the Government of India.

Together, these provisions create a coherent framework for the functioning of the Union Executive under a system of collective responsibility.

Significance of Article 74 in India’s Parliamentary Democracy

Article 74 is central to the democratic and federal governance of India. Its significance lies in the following aspects:

• Ensures Responsible Government: The President acts on the advice of elected ministers who are accountable to Parliament, thereby upholding democratic legitimacy.
• Maintains Constitutional Balance: It prevents arbitrary exercise of power by the Head of State while preserving the dignity of the presidential office.
• Protects Confidentiality: By barring judicial inquiry into ministerial advice, it safeguards the secrecy necessary for executive deliberations.
• Facilitates Stability and Continuity: The binding nature of advice ensures consistency in governance, even during political transitions.

Practical Implications

In practice, Article 74 ensures that:

• The President functions as a constitutional head, acting on the aid and advice of the Prime Minister and Council of Ministers.
• The Prime Minister serves as the principal channel of communication between the President and the Cabinet.
• The Council of Ministers collectively decides executive policies, which the President formally approves or implements.
• The President’s request for reconsideration serves as a moral and constitutional check rather than an instrument of power.

This system ensures that India’s executive governance remains both democratic and constitutional, reflecting the will of the people through their elected representatives.

Conclusion

Article 74 stands as one of the most important provisions shaping India’s parliamentary democracy. It delineates the working relationship between the nominal head (the President) and the real executive authority (the Council of Ministers). By mandating that the President act on ministerial advice, the article reinforces the supremacy of the elected government, the principle of collective responsibility, and the spirit of constitutional governance.