What is Article 74 of Indian constitution| Article 74 of the Indian Constitution deals with the Council of Ministers, headed by the Prime Minister, whose duty is to aid and advise the President in the exercise of his functions.

www.hinsoli.com July 01, 2025

What is Article 74 of Indian constitution

Article 74 of the Indian Constitution deals with the Council of Ministers, headed by the Prime Minister, whose duty is to aid and advise the President in the exercise of his functions.

📜 Text of Article 74 (Simplified)

Clause (1):

There shall be a Council of Ministers with the Prime Minister as its head, to aid and advise the President, who shall act in accordance with such advice.

🔹 However, the President may once send the advice back for reconsideration. But after reconsideration, the President must act according to the advice.

Clause (2):

The advice given by Ministers to the President cannot be questioned in any court.

✅ Key Points of Article 74

Feature	Explanation
Council of Ministers	A body of ministers headed by the Prime Minister
Function	To advise the President in performing his duties
President’s role	Must act on the advice (after one chance of reconsideration)
Judicial protection	The advice cannot be challenged or reviewed in a court

📌 Real Meaning

Although the President is the constitutional head, the real power lies with the Council of Ministers.
This ensures that India functions as a parliamentary democracy, not a presidential system.

🧾 Example

When the Cabinet (Council of Ministers) advises the President to pass an ordinance, the President may ask for reconsideration once, but if the advice comes again, he must accept it.

📌 Summary of Article 74

Provision	Detail
Authority	Council of Ministers headed by the Prime Minister
Duty	To aid and advise the President
Binding nature	Advice is binding after reconsideration (if any)
Judicial review	The advice cannot be questioned in court