Prime Minister’s Relationship With President
The relation of the President with the Prime Minister is. governed by the provisions of the constitution in Articles 74, 75 and 78. Article 74: There shall be a council of Ministers with the Prime Minister at the head to aid and advice 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 reconsider such advice, and shall act in accordance with the advice tendered after such reconsideration.
Article 75(1): The Prime Minister shall be appointed by the President.
Article 75(2): The minister shall hold office during the pleasure of the President.
Article 78: It shall be the duty of the Prime Minister: a) To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation, To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
The relationship between the Prime Minister and the President with reference to the Constitutional Amendments:
Position prior to 1976: Originally article 74(1) read a976: Originally article 74(1) read as follows: “There shall be a Council of Ministers with the Prime Minister at the head to aid and the Prime Minister at the head to aid and advice the President in the exercise of his ns.
This gave the impression that the functions of the Ministers are merely advisory and it is left to the President to accept the advice or ignore the same and thus the decision on all matters will be of the President himself. Position after 1976: In 1976, the Parliament passed the 42nd amendment whereby article 74 read as follows:
“There shall be a Council of Ministers with the Prime Minister at the head to aid and advice the President, who shall in the exercise of his functions act in accordance with such advice”. Position after 1978 – to date: In 1978, the Constitution 44th amendment act was passed and article 74 read as follows: ”
There shall be a Council of Ministers with the Prime Minister at the head to aid and advice 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.
Check out these notes on the central council of ministers.