Article 74 is related to what?
VerifiedAnswer: President of India
Explanation:
Article 74 of the Indian Constitution deals with the Council of Ministers to aid and advise the President of India. This article is a crucial component of India's parliamentary system and establishes the relationship between the President and the Council of Ministers headed by the Prime Minister.
According to Article 74(1), there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice. This means that the President cannot act independently in most matters and must follow the advice given by the Council of Ministers.
The article also contains an important provision in clause (2) which states that the question of whether any advice was tendered by Ministers to the President shall not be inquired into in any court. This clause ensures that the confidentiality of discussions between the President and the Council of Ministers is maintained, and courts cannot investigate what advice was given.
Article 74 was amended by the 42nd Constitutional Amendment Act, 1976, which made it mandatory for the President to act in accordance with the advice of the Council of Ministers. Before this amendment, there was some ambiguity about whether the President was bound to accept the advice. The amendment clarified that the President must act according to the advice given by the ministers, making India's parliamentary system more defined.
However, the 44th Constitutional Amendment Act, 1978, added a provision allowing the President to ask the Council of Ministers to reconsider their advice. Once the ministers reconsider and give their advice again, the President is bound to act according to that reconsidered advice.
This article essentially makes the President a nominal head or constitutional head of the state, while the real executive power lies with the Prime Minister and the Council of Ministers. It ensures that India follows a parliamentary form of government where the President acts on the advice of the elected representatives, maintaining the democratic principle that real power should rest with those who are accountable to the people through elections.
