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The object of Article 74(2) was only to make the question whether the President had followed the advice of the Ministers or acted contrary thereto, non-justiciable. [3] When the union cabinet is unhappy with the unconstitutional functioning of the President, impeachment by the Parliament is the only recourse since the legal action by the courts ...
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.
By article 70 of part V, the parliament may decide how to discharge the functions of the president where this is not possible, or in any other unexpected contingency. There have been 15 presidents of India since the post was established when India was declared as a republic with the adoption of the Indian constitution in 1950. [ 4 ]
The Indian government's chief legal adviser, the attorney-general for India, is appointed by the president of India under Article 76(1) and holds office during the pleasure of the president. If the president considers a question of law or a matter of public importance has arisen, they can also ask for the advisory opinion of the supreme court ...
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 ...
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.
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 ...
Article 361 is an exception to Article 14 (Right to Equality) of the Indian Constitution. The features are as follows: 1. The President or the Governor is not answerable to any court for the exercise of the powers and duties of his office. 2. No criminal proceedings shall be conducted against the President or the Governor during his term of ...