Article 78

Article 78 of the Constitution of India defines the constitutional obligations of the Prime Minister towards the President in maintaining transparency and coordination within the executive branch. It ensures that the President, as the constitutional head of the Union, remains informed of all major decisions, thereby preserving the spirit of responsible governance under a parliamentary democracy.

Background and Constitutional Context

The Indian Constitution establishes a parliamentary system in which the President is the nominal executive, while the Prime Minister and the Council of Ministers are the real executives responsible for policy and administration. Articles 74 to 78 collectively delineate the relationship between the President and the Council of Ministers.
Article 78 was framed to operationalise the President’s constitutional role as the head of the executive by ensuring the continuous flow of information from the government. The Constituent Assembly intended to make the Prime Minister accountable not only to Parliament but also to the President, thereby upholding constitutional propriety.

Text and Clauses of Article 78

Article 78 imposes three specific duties upon the Prime Minister with respect to furnishing information to the President:

• Clause (a): The Prime Minister must 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. This ensures that the President remains aware of executive policies and legislative plans.
• Clause (b): The Prime Minister is required to provide such information regarding the administration of the Union and legislative proposals as the President may call for. This clause empowers the President to seek any clarification or detail from the Prime Minister concerning government functioning.
• Clause (c): If the President so requires, the Prime Minister must submit for the consideration of the Council of Ministers any matter on which a Minister has taken a decision without the Council’s deliberation. This provision maintains collective responsibility and prevents unilateral decision-making by individual Ministers.

Significance and Purpose

The core objective of Article 78 is to maintain constitutional accountability between the President and the Council of Ministers. It promotes a two-way flow of communication between the titular and real executive authorities. By requiring the Prime Minister to keep the President informed, the Constitution prevents any breakdown of trust or misunderstanding at the highest level of government.
This article is particularly significant in maintaining the balance of power. While the President acts on the aid and advice of the Council of Ministers, he or she must have adequate knowledge of government affairs to discharge constitutional responsibilities effectively, especially in times of political instability or crisis.

Relationship with Other Constitutional Provisions

Article 78 is closely related to other provisions in Part V, Chapter I of the Constitution:

• Article 74 mandates that the Council of Ministers, headed by the Prime Minister, shall aid and advise the President.
• Article 75 provides for the appointment of the Prime Minister and Ministers, along with the principle of collective responsibility to the Lok Sabha.
• Article 79 defines the structure of the Parliament of India, to which the Council of Ministers is ultimately responsible.

Together, these articles establish a coherent framework for executive accountability and coordination within India’s parliamentary democracy.

Judicial Interpretations and Landmark Judgments

The judiciary has, over the years, elaborated upon the constitutional relationship between the President, the Prime Minister, and the Council of Ministers through several landmark cases:

• Shri Ram Krishna Dalmia vs. Justice S.R. Tendolkar (1958): The Supreme Court underlined the importance of communication between the executive and the President, reinforcing the President’s supervisory role.
• Keshavananda Bharati vs. State of Kerala (1973): Though not directly concerning Article 78, the judgment’s articulation of the basic structure doctrine underscored that constitutional duties such as those under Article 78 form an essential part of the democratic framework.
• Indira Gandhi vs. Raj Narain (1975): This case reaffirmed that the Prime Minister’s office carries constitutional obligations of accountability, including the duty to furnish information to the President.

Practical Operation and Administrative Relevance

In practice, Article 78 ensures that the President is regularly briefed about the affairs of the Union. This is achieved through formal written communications, Cabinet notes, and personal briefings by the Prime Minister. The President may also request specific reports or clarifications from the government, especially on matters of national importance, defence, or foreign policy.
The Prime Minister’s Secretariat plays a pivotal role in facilitating this constitutional interaction. During periods of political uncertainty—such as hung parliaments or constitutional crises—these communications become particularly crucial in enabling the President to make informed decisions under Articles 75 or 356.

Historical Development and Evolution

Since independence, successive Prime Ministers have followed the constitutional practice of maintaining regular communication with the President. During Jawaharlal Nehru’s tenure, correspondence with President Dr. Rajendra Prasad exemplified mutual respect and cooperation. In contrast, during the Emergency period (1975–77), debates arose regarding the adequacy of communication and consultation with the President, highlighting the provision’s importance.
Over the decades, Article 78 has evolved from being a procedural requirement to a symbol of executive integrity and transparency in governance. It has also adapted to the changing political landscape, where coalition governments and political alliances require careful adherence to constitutional norms.

Contemporary Relevance

In the contemporary Indian political system, Article 78 continues to hold considerable importance. Regular communication between the President and the Prime Minister aids in maintaining institutional harmony and continuity of governance. In instances of constitutional ambiguity—such as the appointment of the Prime Minister, dissolution of the Lok Sabha, or declaration of national emergencies—the President’s awareness of executive affairs is crucial.
Moreover, with the increasing complexity of governance, the provision acts as a constitutional safeguard ensuring that the President’s role does not become purely ceremonial. It reinforces the accountability of the executive to the constitutional head of the state.

Criticism and Challenges

Despite its importance, Article 78 faces certain practical challenges:

• Dependence on conventions: The effectiveness of Article 78 largely depends on political customs and personal rapport between the Prime Minister and the President.
• Lack of enforceability: There are no explicit legal sanctions for non-compliance, making it more a matter of constitutional morality than of legal obligation.
• Selective communication: At times, Prime Ministers have been criticised for withholding information or providing selective updates, thereby undermining the President’s oversight role.