UNION EXECUTIVE & CONSTITUTIONAL PROVISIONS (ARTICLES 74–78, 88, 361, 361A & 361B)

ARTICLE 74 — COUNCIL OF MINISTERS TO AID AND ADVISE THE PRESIDENT

Article 74(1)

• There shall be a Council of Ministers (CoM) headed by the Prime Minister.
• The Council of Ministers aids and advises the President.
• President acts according to such advice.

Important Provision

• President may ask the Council of Ministers to:
  • reconsider the advice once.
• After reconsideration:
  • President is bound to accept the advice.

Constitutional Amendments

Article 74(2)

• Courts cannot inquire into:
  • whether advice was given,
  • or nature of such advice.

Purpose

• Maintains:
  • secrecy of cabinet discussions,
  • executive confidentiality.

ARTICLE 75 — OTHER PROVISIONS AS TO MINISTERS

Appointment of Ministers

• Prime Minister appointed by:
  • President.
• Other ministers appointed by:
  • President on advice of PM.

Strength of Ministry — Article 75(1A)

91st Constitutional Amendment Act, 2003

• Total ministers including PM:
  • cannot exceed 15% of Lok Sabha strength.

Objective

• Prevents:
  • jumbo ministries,
  • misuse of ministerial posts.

Anti-Defection Provision — Article 75(1B)

• A member disqualified under:
  • Tenth Schedule
• cannot become minister.

Duration

Till:

• expiry of original term, or
• re-election.

Tenure — Article 75(2)

• Ministers hold office during:
  • pleasure of President.

Actual Meaning

• Practically:
  • pleasure of PM.

Collective Responsibility — Article 75(3)

• Council of Ministers collectively responsible to:
  • Lok Sabha.

Significance

• Core feature of:
  • Parliamentary Government.

Effect

• Defeat in Lok Sabha may force:
  • resignation of entire ministry.

Oath — Article 75(4)

Before entering office:

• ministers take:
  • Oath of Office,
  • Oath of Secrecy.

Administered By

• President.

Mentioned In

• Third Schedule.

Six-Month Rule — Article 75(5)

• Minister must become MP within:
  • 6 months.

Otherwise:

• ceases to be minister.

Salaries and Allowances — Article 75(6)

• Determined by:
  • Parliament.

ARTICLE 77 — CONDUCT OF BUSINESS OF THE GOVERNMENT OF INDIA

Article 77(1)

• All executive actions of Government of India:
  • expressed in name of President.

Meaning

• President is:
  • constitutional head of Union Executive.

Article 77(2)

• Orders executed in President’s name:
  • authenticated according to rules made by President.

Important Point

• Validity cannot be questioned merely because:
  • President did not personally sign/order it.

Article 77(3)

• President makes rules for:
  • convenient transaction of government business,
  • allocation of business among ministers.

Significance

• Basis of:
  • Cabinet Secretariat functioning,
  • Allocation of Business Rules,
  • Transaction of Business Rules.

ARTICLE 78 — DUTIES OF PRIME MINISTER TOWARDS PRESIDENT

Prime Minister acts as:

• link between President and Council of Ministers.

Duties of PM

Article 78(a)

PM communicates to President:

• decisions of Council of Ministers,
• legislative proposals.

Article 78(b)

PM furnishes:

• any information sought by President regarding:
  • administration,
  • legislation.

Article 78(c)

If President requires:

• PM must place before Council of Ministers:
  • any matter decided by individual minister but not considered by Cabinet.

Significance

• Ensures:
  • collective decision-making,
  • cabinet responsibility.

ARTICLE 88 — RIGHTS OF MINISTERS & ATTORNEY GENERAL IN PARLIAMENT

Rights Given

Every Minister and Attorney-General can:

• speak in either House,
• participate in proceedings,
• participate in joint sittings,
• participate in parliamentary committees.

Limitation

• They cannot vote unless:
  • they are members of that House.

Example

• Attorney General:
  • can participate,
  • cannot vote.

ARTICLE 361 — IMMUNITIES OF PRESIDENT & GOVERNORS

Article 361(1)

President/Governor:

• not answerable to courts for:
  • exercise of official powers and duties.

Exception

• Conduct of President can be examined during:
  • impeachment proceedings under Article 61.

Article 361(2)

• No criminal proceedings can be initiated or continued against:
  • President,
  • Governor,
    during term of office.

Article 361(3)

• No arrest or imprisonment of:
  • President,
  • Governor,
    during tenure.

Article 361(4)

Civil proceedings against President/Governor for personal acts:

• require:
  • 2 months prior notice.

Notice Must Mention

• nature of proceedings,
• cause of action,
• relief sought.

ARTICLE 361A — PROTECTION OF PUBLICATION OF PARLIAMENTARY PROCEEDINGS

Main Provision

• No civil or criminal liability for publication of:
  • substantially true reports of parliamentary or state legislature proceedings.

Condition

• Protection lost if publication made:
  • with malice.

Exception

• Does not apply to:
  • secret sittings.

Additional Provision

• Protection also applies to:
  • radio/broadcast reports.

ARTICLE 361B — DISQUALIFICATION FOR REMUNERATIVE POLITICAL POSTS

Introduced By

• 91st Constitutional Amendment Act, 2003.

Provision

A member disqualified under:

• Tenth Schedule
  cannot hold:
• remunerative political post.

Duration

Till:

• expiry of original term, or
• re-election.

Meaning of Remunerative Political Post

Includes offices:

• under Union Government,
• under State Government,
• government-controlled bodies,
  where salary/remuneration paid from:
• public funds.

IMPORTANT UPSC PRELIMS POINTS

• Real Executive → Council of Ministers
• Nominal Executive → President
• Collective Responsibility → Lok Sabha
• Maximum ministry size → 15%
• Minister without MP membership → maximum 6 months
• Advice to President → not subject to judicial inquiry
• Executive actions expressed in → President’s name
• PM acts as → link between President and Cabinet
• Attorney General can speak in Parliament but cannot vote
• President/Governor immune from criminal proceedings during tenure
• Publication of true parliamentary proceedings protected under → Article 361A
• Defectors disqualified from remunerative political posts under → Article 361B

IMPORTANT UPSC MAINS KEYWORDS

• Parliamentary Executive
• Cabinet Responsibility
• Constitutional Head
• Real Executive
• Aid and Advice
• Collective Responsibility
• Executive Accountability
• Cabinet Secrecy
• Constitutional Immunity
• Anti-Defection Mechanism
• Responsible Government
• Executive-Legislature Relationship

IMPORTANT CONSTITUTIONAL AMENDMENTS

DIFFERENCE BETWEEN ARTICLE 74(2) AND ARTICLE 361