Article 74 of Indian Constitution

We will explore Article 74 in the Indian Constitution. It explains how the President and the Council of Ministers work together. The Prime Minister leads the Council. This article helps the President make decisions.

The President’s power is not unlimited. It is guided by the Council of Ministers’ advice. We will look at Article 74’s role in the Indian Constitution. It has a rich history, adopted on 30 December 1948.

Understanding Article 74 is key to knowing how the Indian government works. The Council of Ministers works together and is answerable to the House of the People. The President picks the Prime Minister and other ministers based on the Prime Minister’s advice.

The salaries and allowances of Ministers, including the Prime Minister, are set by Parliament. These can change over time.

Key Takeaways

• Article 74 of the Indian Constitution regulates the exercise of the President’s power.
• The President’s power is not absolute and is regulated by the advice of the Council of Ministers.
• The Council of Ministers is collectively responsible to the House of the People.
• The President appoints the Prime Minister and other ministers based on the Prime Minister’s advice.
• Article 74 plays a critical role in the Indian Constitution and governance.
• The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the People.

Understanding Article 74 of Indian Constitution

Article 74 of the Indian Constitution is key to the country’s governance. It sets up a Council of Ministers, led by the Prime Minister, to help the President. The current Prime Minister, Mr. Narendra Modi, heads this group of 30 members.

This Council works together, sharing responsibility to the House of the People. This makes sure the government is answerable to the people.

The Constitution of India follows parliamentary democracy. The President is the head of state, and the Prime Minister leads the government. Article 74 outlines the Council of Ministers, the Prime Minister’s role, and the President’s relationship with the Council. The President can ask for advice to be reconsidered, ensuring balance.

The Council of Ministers is in charge of presenting the Budget and Money Bills in Parliament. Its members must join Parliament within six months. The Council’s responsibility includes the Legislative Assembly of states. If a no-confidence motion is passed, all ministers must step down.

The Prime Minister and the Council work together for the government’s smooth operation. The President makes rules for the government, as stated in Article 77.

Definition and Basic Provisions

Article 74 creates the Council of Ministers, led by the Prime Minister, to advise the President. It defines the Council’s structure, role, and duties. The Council advises the President on governance matters and is accountable to Parliament.

Constitutional Framework

India’s Constitution is based on parliamentary democracy. The President is the head of state, and the Prime Minister leads the government. This framework includes checks and balances, with the President able to ask for advice reconsideration.

Key Components of Article 74

Article 74’s main parts are the Council of Ministers, the Prime Minister’s role, and the President’s relationship with the Council. It details the Council’s duties, like presenting Budget and Money Bills in Parliament. Members must join Parliament within six months.

Historical Background and Evolution

The story of Article 74 starts with the Constitutional Assembly in 1948. We’ll look at how it began, its changes over time, and how Parliamentary Democracy shaped it.

The Constitutional Assembly was key in creating the Indian Constitution. It has seen 106 amendments so far. The role of the Council of Ministers, led by the Prime Minister, shows how governance evolves and needs to adapt.

Origins in the Constitutional Assembly

The Constituent Assembly first met on 9 December 1946. This marked a new chapter in India’s governance. The Constitution was adopted in 1949 and became effective on 26 January 1950.

Major Amendments and Changes

Important changes have been made to the Constitution. For example, the First Amendment Act in 1951 and the Seventh Amendment Act in 1956. The Forty Second Amendment Act in 1976 also made significant changes.

Parliamentary Democracy has greatly influenced Article 74. The setup of the Council of Ministers, led by the Prime Minister, follows Parliamentary Democracy’s principles. It ensures the President gets advice from a team of ministers.

Role of Council of Ministers and Prime Minister

The Council of Ministers, led by the Prime Minister, is key in India’s politics. Article 74 says they help the President make decisions. The Prime Minister picks the ministers and their jobs, and the President appoints them.

In Indian Politics, the Council of Ministers must answer to Parliament. Their choices affect 1.4 billion people. They make policies for the economy, which is the 5th largest in the world as of 2023.

Some important facts about the Council of Ministers and the Prime Minister are:

• The Prime Minister stays in office until they lose the support of Lok Sabha members.
• The Council of Ministers works together for the Lok Sabha.
• The advice from the Council of Ministers to the President is final.

The role of the Council of Ministers and the Prime Minister is vital in India’s government. As we dive into Article 74, it’s clear they are key in making the country’s policies and rules.

President’s Powers Under Article 74

The Indian Constitution gives the President powers under Article 74. This article allows for a Council of Ministers to help the President. The President must follow the advice of this council, as Article 74(1) states.

This means the President’s actions are guided by the Council of Ministers. Here are some key points about the President’s authority:

• The President can choose the Prime Minister and other ministers.
• The President can call, close, or end the Lok Sabha.
• The President can give pardons, reprieves, and respites.

Limitations and Constraints

But, the President’s powers have limits. The President must follow the Council of Ministers’ advice. Also, the President can face impeachment for breaking the Constitution.

Understanding Article 74 and other constitutional articles is key. Article 75 talks about ministers’ terms, and Article 76 gives the Attorney General’s right to speak in courts. The President’s role under Article 74 is important but is checked by the Council’s advice and other laws.

Conclusion: Significance in Modern Indian Democracy

Article 74 of the Indian Constitution is key to the country’s democratic system. It makes sure the President follows the advice of the Council of Ministers, led by the Prime Minister. This keeps the government stable and accountable.

This article supports parliamentary democracy and limits the President’s power. It’s a vital part of the system.

The role of Article 74 in Indian democracy is huge. It has survived many changes and remains a core part of governance. Its history shows the founders’ aim for a balanced executive branch.

Looking ahead, Article 74’s role is more important than ever. It helps the government run smoothly and keeps democracy alive. By focusing on the Council of Ministers, we protect the core of democracy in India.