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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