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Before the 42nd amendment, Article 74(1) 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". However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President.
In regard to the contention, that Article 74(2) bars the inquiry into advice which was tendered by Council of Ministers to the President, the Supreme Court at length considered the scope and effect of Article 74(2). Here it would be appropriate to mention that article 74(2) of the constitution provides that the court cannot inquire as to any ...
A minister can take any decision without being considered by the council of ministers per Article 78(c). If needed, all union cabinet members shall submit in writing to the President to propose a proclamation of emergency by the president in accordance with Article 352. According to the Constitution of India, the total number of ministers in ...
Under Articles 52 and 53: the president of India is head of the executive branch; Under Article 60: the duty of preserving, protecting, and defending the constitution and the law. Under Article 74: the prime minister is the head of the Council of Ministers, which aids and advises the president in the performance of their constitutional duties.
The president is to act following aid and advice tendered by the prime minister, who leads the Council of Ministers as described in Article 74 of the Constitution. The council of ministers remains in power during the 'pleasure' of the president. However, in practice, the council of ministers must retain the support of the Lok Sabha. If a ...
If he withholds his assent, the bill is dropped, which is known as absolute veto. The President can exercise absolute veto on aid and advice of the Council of Ministers per Article 111 and Article 74. [16] The President may also effectively withhold his assent as per his own discretion, which is known as pocket veto.
Council of Ministers is a traditional name given to the supreme executive organ in some governments. It is usually equivalent to the term cabinet.The term Council of State is a similar name that also may refer to a cabinet, but the terms are not equal in certain countries (for example, in Spain and India [citation needed]).
Article 74 was amended and it was explicitly stipulated that "the President shall act in accordance with the advice of the Council of Ministers". [1] [17] [18] Governors of states were not included in this article. The interval at which a proclamation of Emergency under Article 356 required approval from Parliament was extended from six months ...