What does Article 74 say?

By Shubhra Anand Jain|Updated : November 20th, 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. The Prime Minister is the head of this Council of Ministers, which is officially recognised as the body of the Government of India with the highest executive power. In the year 1977, Article 74 was amended.

Article 74 of the Indian Constitution

Article 74 in the 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 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".

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.

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FAQs on Article 74 of Constitution of India

  • 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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