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Article 74 Of Indian Constitution In English
Article 74 – Council of Ministers to aid and advise President.
(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.
Article 74 In English
74 Article – Council of Ministers to aid and advise the President.
(1) There shall be a Council of Ministers with the Prime Minister to aid and advise the President, which in the exercise of its functions shall act in accordance with such advice: Provided that the President may require the Council of Ministers to reconsider generally or otherwise, such advice. for, and the President shall, after such reconsideration, act in accordance with the advice given.
(2) The question whether any, and if so, the advice given by Ministers to the President shall not be inquired into in any court.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 74 Of Indian Constitution?
Article 74 Debate Summary
Draft Article 61 (Article 74, 1950 of the Constitution of India) was discussed on 30 December 1948. This article regulated the exercise of the power of the President. A member introduced an amendment to regulate the selection of cabinet ministers and limit the number to 15 ministers. He proposed that ministers should be elected by the Houses of Parliament on the basis of proportional representation. This would stop a majority government.
He called for this system in Switzerland to illustrate how the election of cabinet ministers would not lead to any oppression or revolution. The chairman of the drafting committee disagreed with these proposals. He argued that the prime minister should not be constitutionally mandated to have 15 ministers in the cabinet; It may seem practical and efficient to have him minister less.
On the proposal for the election of ministers on the basis of proportional representation, he urged that the Document of Instruction for the President, which the Drafting Committee would draft, would take care of minority representation in the Cabinet. There was another proposal to remove the ‘on the head of the prime minister’. The mover wanted to keep the Prime Minister out of the Constitution.
He argued that though the institution of the Prime Minister is necessary for official business, it should not be mentioned in the Constitution. It will also prevent the centralization of power in the hands of a single minister. The chairman of the drafting committee argued that the prime minister was indispensable to achieve collective responsibility of the cabinet and to prevent the president’s undue influence on ministers.
Furthermore, in England also, the office of the Prime Minister, which had previously been recognized through convention, gained statutory recognition. One member introduced amendments to allow the president to exercise his discretionary power without the aid of the cabinet. He argued that a similar provision has been provided for the Governor in the draft Constitution and it should be extended to the President.
The Chairman of the Drafting Committee pointed out that the proposal is based on the Government of India Act, 1935, which gave the Governor-General the power to act at his discretion. He reminded that under the Indian Constitution, the President has only certain privileges and not functions. Hence this proposal was unnecessary. The assembly rejected all the amendments. The draft Article introduced by the Assembly was adopted on 30 December 1948.
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