Article 74 of the Constitution of India

E138942

Article 74 of the Constitution of India establishes the Council of Ministers headed by the Prime Minister to aid and advise the President in the exercise of presidential functions.

All labels observed (1)

Label Occurrences
Article 74 of the Constitution of India canonical 6

How this entity was disambiguated

Statements (46)

Predicate Object
instanceOf article of the Constitution of India ⓘ
constitutional provision ⓘ
afterReconsideration President is bound by the reconsidered advice ⓘ
amendedBy 42nd Amendment to the Constitution of India ⓘ
44th Amendment to the Constitution of India ⓘ
appliesTo exercise of functions of the President of India ⓘ
bindingNatureOfAdvice advice of the Council of Ministers is binding on the President ⓘ
bindingOn President of India ⓘ
Union executive ⓘ
chapterTitle The Executive ⓘ
constitutionalPosition defines role of Prime Minister as head of Council of Ministers ⓘ
defines that President acts on aid and advice of Council of Ministers ⓘ
constitutionalPrinciple aid and advice of ministers ⓘ
cabinet responsibility ⓘ
country India ⓘ
defines constitutional mechanism for executive decision-making at Union level ⓘ
doesNotApplyTo State executive under Governors ⓘ
effectiveFrom 26 January 1950 ⓘ
effectOf42ndAmendment made presidential action on ministerial advice explicitly mandatory ⓘ
effectOf44thAmendment allowed President to require Council of Ministers to reconsider its advice ⓘ
ensures that real executive power is exercised by Council of Ministers ⓘ
establishes Council of Ministers ⓘ
governs collective functioning of the Union executive ⓘ
relationship between President and Council of Ministers ⓘ
headOfCouncilOfMinisters Prime Minister of India ⓘ
inspiredBy Westminster model of parliamentary government ⓘ
linked to: Westminster system
interpretedBy Supreme Court of India ⓘ
jurisdiction Union of India ⓘ
language English ⓘ
legalEffect constrains President from acting without or against ministerial advice ⓘ
legalStatus in force ⓘ
limits discretionary powers of the President of India ⓘ
locatedInChapter Chapter I of Part V of the Constitution of India ⓘ
locatedInPart Part V of the Constitution of India ⓘ
partOf Constitution of India ⓘ
primaryFunction to provide for a Council of Ministers to aid and advise the President ⓘ
relatedConcept parliamentary form of government in India ⓘ
relatedTo Article 52 of the Constitution of India ⓘ
Article 53 of the Constitution of India ⓘ
Article 75 of the Constitution of India ⓘ
Article 77 of the Constitution of India ⓘ
relatesToOffice President of India ⓘ
requires that the Council of Ministers shall aid and advise the President ⓘ
that there shall be a Council of Ministers with the Prime Minister at the head ⓘ
scope Union level executive only ⓘ
subjectMatter executive ⓘ

How these facts were elicited

Referenced by (6)

Full triples — surface form annotated when it differs from this entity's canonical label.

Article 52 of the Constitution of India → relatedArticle → Article 74 of the Constitution of India ⓘ
Article 53 of the Constitution of India → relatedArticle → Article 74 of the Constitution of India ⓘ
Union Cabinet → constitutionalArticle → Article 74 of the Constitution of India ⓘ
Cabinet Minister of India → constitutionalArticle → Article 74 of the Constitution of India ⓘ
Minister of State (India) → constitutionalArticle → Article 74 of the Constitution of India ⓘ
Minister without Portfolio, Government of India → constitutionalContext → Article 74 of the Constitution of India ⓘ