ASKiIMAN™ ARCHIVE / INDIAN POLITY
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PM & President

Advice, Communication & Executive Functioning

PART I — THE CONSTITUTIONAL TETHER

ARTICLE 74

Binding Advice

  • "There shall be a Council of Ministers with the Prime Minister at the head to **aid and advise** the President..."
  • The President MUST act in accordance with such advice. (Made explicitly binding by the 42nd Amendment Act).
  • The President cannot act independently of the Cabinet's advice in normal circumstances.
ARTICLE 78

Duty to Communicate

  • The PM is the sole constitutional channel of communication between the Cabinet and the President.
  • Duty of PM: To communicate all decisions of the CoM relating to administration and legislation.
  • To furnish such information as the President may call for.

PART II — EXECUTIVE MECHANICS

ARTICLE 77

Conduct of Business

  • All executive action of the Government of India shall be expressed to be taken **in the name of the President**.
  • The President makes rules for the more convenient transaction of the business of the Government.
  • While the action is "named" for the President, the decision and execution are entirely driven by the PM and Cabinet.
THE 44TH AMENDMENT

The Reconsideration Loop

  • The 44th Amendment (1978) introduced a minor check on the binding advice.
  • The President may require the CoM to **reconsider** such advice, either generally or otherwise.
  • **The Catch:** If the CoM sends the *same* advice back after reconsideration, the President **shall** act in accordance with it (No second return).
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