What does Article 74 of the Indian Constitution Say?

By Shubhra Anand Jain|Updated : July 29th, 2022

Article 74 of the Indian Constitution states that the President shall have a Council of Ministers who must help the President exercise their functions. This council of ministers is officially considered as the body of the Government of India with the highest executive power, and the head of this Council of Ministers is the Prime Minister. Article 74 was amended in the year 1977. To know more about this amendment, refer to the information provided below.

Article 74 of the Indian Constitution

The original Article 74 of the 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". In this original statement, it appeared that the advice of the Council of Ministers was binding on the President. 

To remove this ambiguity, Article 74 was amended, and the revised statement of the article read as “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”. The amendment to Article 74 came into effect on 03 January 1977.

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FAQs on What Does Article 74 of the Indian Constitution Say?

  • Article 74 of the constitution states that the President shall have a Council of Ministers at his/her/their side to help with carrying out the presidential functions. According to Article 74, the head of this Council of Ministers must be the Prime Minister of India.

  • Article 74 of the Indian constitution was amended to remove the ambiguity regarding the binding effect of the Council of Ministers’ advice upon the President. This amendment came into effect on 03 January 1977.

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