What does Article 74 say?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

Article 74 of the Indian Constitution states that the President shall have a Council of Ministers who must help the President exercise their functions. The Prime Minister is the head of this Council of Ministers, which is officially recognized as the body of the Government of India with the highest executive power. In the year 1977, Article 74 was amended.

The amended Article 74 and its terms came into force on 3rd January 1977. The President could also demand a reconsideration of the advice by the Council of Ministers in certain cases.

Article 74

Article 74 in Indian constitution deals with the Council of Ministers that are provided to aid and advise the President. These Council of Ministers help the President in performing his/her functions in a smooth and efficient manner. In the original statement, it appeared that the advice of the Council of Ministers was binding on the President.

The original Article 74 of constitution of India stated that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions”.

Article 74 of Indian Constitution

To clear up any ambiguity, Article 74 was revised to read, “There shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President, who shall, in the exercise of his functions, act in accordance with such advice.” The amendment to Article 74 became effective on January 3, 1977.

The highlighted part was added to the 42nd Amendment of the Indian Constitution. However, a second amendment was made to Article 74 which was the 44th Amendment. As per the new amendment, the President was given the right to return the advice of the Council of Ministers for reconsideration for once.

  • If after the reconsideration request, the same advice is sent back again by the Council of Ministers, the President is bound to accept it without any conditions.
  • The 44th Amendment to the Constitution became effective on 20th June 1979.

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