Relation between President and
Council of Ministers
Answers
Answer:
Explanation:
The relationship between the two most powerful posts in the India, President and Council of Ministers, is
not clearly layered out in the Constitution of India. This led to various controversies regarding exercising
the powers vested with these posts. But it should be noted that every time such a controversy arose, it has
been confirmed that the President is just a constitutional head and the real power rests with the Council of
Ministers. The controversy between the powers were largely solved by the 42nd Constitutional
Amendment Act. Moreover, with this research paper we can conclude Article 74(1) and 75(3) must be
read together to determine how the President can exercise his powers which ultimately states that the
advice of the council of ministers needs to be followed by the President as long as parliamentary support
is available, and in the event the parliament is being dissolved, the president need not wait for advice from
the PM he may use his own discretion at will.
But this issue of powers still remains unanswered in clear terms in the Constitution. This research paper
looks into the development of relationship between the President and the Council of Ministers after
Independence. It also looks into the controversies which arose regarding the power of the President to
take decisions. This research paper also goes on to analyse the present situation of the relationship
between President and Council of Ministers after various constitutional developments.