Article 74: Council of Ministers to aid and advise President

Leading cases

• S.R. Bommai v. Union of India (1994)A Proclamation under Article 356 is open to judicial review on the material behind it; secularism is a basic feature; the Karnataka and Meghalaya Proclamations were unconstitutional, while those for Madhya Pradesh, Rajasthan and Himachal Pradesh stood.

Questions on this article

7 questions in 22 of our papers cite Article 74. Try these from the free papers:

1. 1. In U.N.R. Rao v. Indira Gandhi (1971), the Supreme Court held that on the dissolution of the House of the People:

   A.the President administers the Union directly until the new House of the People meetsB.only the Prime Minister continues in office and all other Ministers cease to hold officeC.the Council of Ministers does not cease to hold office, as Article 74(1) is mandatoryD.the Council of Ministers ceases to hold office and a caretaker Council is appointed on the advice of the Speaker
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2. 2. Consider the following statements: 1. Under Article 74(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. 2. Article 74(2) bars a court from examining the material on the basis of which the Council of Ministers tendered its advice. 3. The Council of Ministers is collectively responsible to the House of the People. Which of the statements given above is/are correct?

   A.1, 2 and 3B.3 onlyC.1 and 2 onlyD.1 and 3 only
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3. 3. Under the proviso to Article 74(1), if the President requires the Council of Ministers to reconsider its advice and the Council tenders advice after such reconsideration, the President:

   A.may return the advice for reconsideration any number of timesB.shall act in accordance with the advice tendered after such reconsiderationC.may act in his discretion if he continues to disagree with the adviceD.must refer the matter to the Supreme Court under Article 143
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