Article 77 of the Indian Constitution deals with the conduct of government business. While Article 77(1) stipulates that all executive action of the Government of India shall be expressed to be taken in the name of the President, and Article 77(2) provides for rules regarding the authentication of orders and instruments made and executed in the President’s name, Article 77(3) is crucial for the practical, day-to-day functioning and efficiency of the central government machinery.
This specific clause empowers the President of India to make rules for the efficient and smooth conduct of the vast and complex operations of the Government and for clearly defining the responsibilities assigned to each minister. It is the constitutional basis for the structure and operational framework of the Union government ministries and departments.
Original Text
(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
Detailed Explanation
Article 77(3) grants the President of India the authority to formulate rules governing two primary aspects of central government functioning:
- More convenient transaction of the business of the Government of India: This involves establishing procedures, protocols, and systems for how government work is conducted, decisions are made, files are processed, and communication flows within and between ministries and departments. These rules aim at streamlining administrative processes, ensuring accountability, and facilitating efficient decision-making.
- Allocation among Ministers of the said business: This refers to the distribution of specific subjects, portfolios, and responsibilities among the various ministers. The President, based on the advice of the Prime Minister and Council of Ministers, determines which minister or ministry will handle which area of governance (e.g., Defence, Finance, External Affairs, Home Affairs, etc.). These rules define the jurisdiction of each ministry and department.
Effectively, Article 77(3) provides the constitutional foundation for the creation of what are commonly known as the “Government of India (Transaction of Business) Rules” and the “Government of India (Allocation of Business) Rules”. These rules are fundamental to the operational structure of the Union executive. Although the power is vested in the President, it is exercised on the aid and advice of the Council of Ministers, headed by the Prime Minister, in accordance with the principles of parliamentary democracy and Article 74(1). These rules ensure clarity in governmental functioning, prevent overlap or confusion of responsibilities, and are essential for upholding the principle of collective responsibility of the Council of Ministers to the Lok Sabha, as the actions of the government are distributed and managed according to these rules.
Detailed Notes
- Article 77(3) empowers the President of India to make rules.
- The purpose of these rules is two-fold:
- For the more convenient transaction of the business of the Government of India.
- For the allocation among Ministers of the said business.
- This article is the constitutional basis for the Government of India (Transaction of Business) Rules and Government of India (Allocation of Business) Rules.
- The Transaction of Business Rules deal with procedures, communication, and decision-making within the government machinery.
- The Allocation of Business Rules define the specific portfolios, subjects, and responsibilities assigned to individual ministries and departments.
- These rules ensure efficient administration, clarity of responsibilities, and smooth functioning of the Union executive.
- Although the rules are made by the President, this power is exercised on the aid and advice of the Council of Ministers, led by the Prime Minister, as per Article 74(1).
- Actions taken by ministries/departments as per these rules are deemed actions of the Government of India, consistent with Article 77(1).
- The creation and modification of ministries and departments, and the subjects they handle, are done through the Allocation of Business Rules.
- These rules are crucial for operationalizing the principle of collective responsibility as defined in Article 75(3), ensuring that government decisions are made and implemented efficiently by designated ministers/ministries.
Additional Comments
- The Government of India (Allocation of Business) Rules and Government of India (Transaction of Business) Rules are statutory rules made under the authority of Article 77(3) of the Constitution. They have legal force.
- These rules are dynamic and are amended from time to time to reflect changes in government priorities, creation of new ministries, or restructuring of existing ones.
- Compliance with the Transaction of Business Rules is important for the procedural validity of government actions. While procedural deviations might not always invalidate a substantive decision, significant non-compliance can be a ground for judicial review.
- The Allocation of Business Rules specify in detail which department handles which subject. For example, ‘Railways’ falls under the Ministry of Railways as per these rules.
- Article 77(1) and (2) deal with the formal expression and authentication of executive action in the President’s name, while Article 77(3) provides the mechanism for how the government actually transacts its business internally and distributes work.
Summary
Article 77(3) empowers the President of India to establish rules for the efficient conduct of the central government’s operations and to distribute governmental responsibilities among different ministers. This constitutional provision is the foundation for the comprehensive sets of rules, such as the Transaction of Business Rules and Allocation of Business Rules, that govern the daily functioning, procedural aspects, and jurisdictional divisions of the various ministries and departments of the Government of India, ensuring clarity and efficiency in the executive’s work, carried out on the advice of the Council of Ministers.