What Is Constitution Of India Article 74?

Constitution Of India Article 74: Council of Ministers to Aid and Advise President

{1}(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:

• {2}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.

NOTE

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.13, for cl. (1) (w.e.f. 3-1-1977)
2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).

Brief Detail

Article 74 establishes the framework for the Council of Ministers, headed by the Prime Minister, to assist and advise the President. The President, while exercising executive functions, acts according to this advice, with the provision for reconsideration. Additionally, the advice given by Ministers to the President is immune from judicial scrutiny.

Question & Answers

What is the role of the Council of Ministers under Article 74?

The Council of Ministers, led by the Prime Minister, aids and advises the President in the exercise of his functions. The President must act according to this advice, with a provision for reconsideration of such advice.

Is the advice tendered by Ministers to the President subject to court inquiry?

No, the question of whether any advice was tendered by Ministers to the President cannot be inquired into by any court.

Example

If the President seeks the advice of the Council of Ministers on a policy matter, they must act according to the advice given. If the President wants to reconsider the advice, they can request it from the Council again, but must follow the advice provided after reconsideration.

Summary

Article 74 ensures that the Council of Ministers, led by the Prime Minister, aids and advises the President in his functions. While the President acts according to this advice, there is a provision for reconsideration, and the advice given is beyond judicial scrutiny.