Points to Remember:
- Article 74 deals with the Council of Ministers.
- It establishes the relationship between the President and the Council of Ministers.
- It emphasizes the collective responsibility of the Council of Ministers.
- It highlights the President’s role as a nominal head of the executive.
Introduction:
Article 74 of the Indian Constitution is a crucial provision that outlines the structure and functioning of the executive branch of the government. It centers on the Council of Ministers, which is the real executive authority in India, headed by the Prime Minister. Unlike many parliamentary systems where the executive’s power is explicitly vested in a Prime Minister, the Indian Constitution vests executive power in the President (Article 53), but practically, this power is exercised by the Council of Ministers. This arrangement reflects a balance between the symbolic role of the President and the practical authority of the elected government.
Body:
1. Composition and Appointment of the Council of Ministers:
Article 74(1) states that there shall be a Council of Ministers to aid and advise the President. The Prime Minister is appointed by the President (Article 75(1)), who then appoints other Ministers on the advice of the Prime Minister (Article 75(2)). The size of the Council of Ministers is determined by the President, but it’s practically limited by convention and practicality. The Council comprises the Prime Minister and other Ministers, who may or may not hold portfolios.
2. Collective Responsibility:
The most significant aspect of Article 74 is the principle of collective responsibility. While the President is the nominal head of the executive, all executive actions are taken in the name of the President, but on the advice of the Council of Ministers. This principle, though not explicitly stated in Article 74, is implied and deeply ingrained in the Indian parliamentary system. It means that the entire Council is collectively responsible to the Lok Sabha (House of the People). A vote of no confidence against the government effectively means a vote against the entire Council of Ministers, leading to its resignation.
3. President’s Role:
Article 74 clarifies that the President acts on the advice of the Council of Ministers. However, the President is not merely a rubber stamp. In exceptional circumstances, the President can exercise their discretion, though such instances are rare and usually involve constitutional crises or situations where the advice of the Council of Ministers is unconstitutional. The President’s role is primarily ceremonial, but they retain certain reserve powers.
4. Implications and Interpretations:
The Supreme Court has interpreted Article 74 in various cases, clarifying the extent of the President’s powers and the collective responsibility of the Council of Ministers. These interpretations have helped solidify the democratic principles underlying the Indian executive system. However, debates continue regarding the balance of power between the President and the Council of Ministers, particularly in situations involving national security or constitutional emergencies.
Conclusion:
Article 74, while seemingly simple, is a cornerstone of India’s parliamentary democracy. It establishes the framework for the functioning of the executive branch, emphasizing the collective responsibility of the Council of Ministers to the Parliament. While the President is the nominal head, the real executive power resides with the Council of Ministers, ensuring accountability to the elected representatives of the people. Maintaining a healthy balance between the President’s reserve powers and the Council of Ministers’ collective responsibility is crucial for the smooth functioning of the Indian democracy. Strengthening parliamentary processes and upholding the principles of collective responsibility are essential for ensuring good governance and upholding constitutional values. This requires continuous engagement from all stakeholders, including the executive, legislature, and judiciary, to ensure that the spirit and intent of Article 74 are preserved and strengthened.
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