Article 74 of Indian Constitution: Council of Ministers
Article 74 Council of Ministers – 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.
What is Article 74 of Indian Constitution
In simpler terms, Article 74 can be summarized as follows:
- Council of Ministers: There shall be a Council of Ministers headed by the Prime Minister to assist and provide advice to the President in the execution of their duties.
- Confidentiality of Advice: The advice provided by the Council of Ministers to the President is confidential, and no court has the authority to inquire into whether any advice was given or what that advice was.
Article 74 establishes the principle of parliamentary democracy in India, where the President, as the head of state, acts on the advice of the Council of Ministers, who are collectively responsible to the Parliament. This article underscores the importance of the executive branch, led by the Prime Minister, in the functioning of the Indian government.
Constitution Of India Part 5 The Union – Articles 52 to 151