Article 74 of the Constitution of India

E138942

Article 74 of the Constitution of India establishes the Council of Ministers headed by the Prime Minister to aid and advise the President in the exercise of presidential functions.

All labels observed (1)

Label Occurrences
Article 74 of the Constitution of India canonical 3

How this entity was disambiguated

Statements (46)

Predicate Object
instanceOf article of the Constitution of India
constitutional provision
afterReconsideration President is bound by the reconsidered advice
amendedBy Constitution (Forty-second Amendment) Act, 1976
surface form: 42nd Amendment to the Constitution of India

44th Amendment to the Constitution of India
appliesTo exercise of functions of the President of India
bindingNatureOfAdvice advice of the Council of Ministers is binding on the President
bindingOn President of India
Union executive
chapterTitle The Executive
constitutionalPosition defines role of Prime Minister as head of Council of Ministers
defines that President acts on aid and advice of Council of Ministers
constitutionalPrinciple aid and advice of ministers
cabinet responsibility
country India
defines constitutional mechanism for executive decision-making at Union level
doesNotApplyTo State executive under Governors
effectiveFrom 26 January 1950
effectOf42ndAmendment made presidential action on ministerial advice explicitly mandatory
effectOf44thAmendment allowed President to require Council of Ministers to reconsider its advice
ensures that real executive power is exercised by Council of Ministers
establishes Council of Ministers
governs collective functioning of the Union executive
relationship between President and Council of Ministers
headOfCouncilOfMinisters Prime Minister of India
inspiredBy Westminster system
surface form: Westminster model of parliamentary government
interpretedBy Supreme Court of India
jurisdiction Union of India
language English
legalEffect constrains President from acting without or against ministerial advice
legalStatus in force
limits discretionary powers of the President of India
locatedInChapter Chapter I of Part V of the Constitution of India
locatedInPart Part V of the Constitution of India
partOf Constitution of India
primaryFunction to provide for a Council of Ministers to aid and advise the President
relatedConcept parliamentary form of government in India
relatedTo Article 52 of the Constitution of India
Article 53 of the Constitution of India
Article 75 of the Constitution of India
Article 77 of the Constitution of India
relatesToOffice President of India
requires that the Council of Ministers shall aid and advise the President
that there shall be a Council of Ministers with the Prime Minister at the head
scope Union level executive only
subjectMatter executive

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Article 52 of the Constitution of India relatedArticle Article 74 of the Constitution of India
Article 53 of the Constitution of India relatedArticle Article 74 of the Constitution of India
Union Cabinet constitutionalArticle Article 74 of the Constitution of India