Council of Ministers to aid and advise President
Article 74 — Council of Ministers to aid and advise President
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:] Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.]
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
Plain English Summary
This article states that the Council of Ministers, led by the Prime Minister, must help and give advice to the President when the President performs their duties. However, the President has the right to ask them to rethink their advice before making a final decision.
Key Points
- The Council of Ministers advises the President on how to act in their official capacity.
- The President can ask the Council of Ministers to reconsider their advice.
- The President must then follow the advice given after the reconsideration.
- The advice given by ministers cannot be questioned in any court.
Why It Matters
This article establishes the relationship between the executive (the Council of Ministers) and the head of state (the President), ensuring that the government provides necessary guidance to the President.
Landmark Judgements
No major landmark judgements.