Article 78 of the Indian Constitution is a crucial provision that defines the link between the executive head of the Union, the President, and the head of the government, the Prime Minister. It lays down the specific duties of the Prime Minister regarding the communication of information to the President, ensuring transparency and enabling the President to stay informed about the Union’s affairs and governmental decisions. This article is fundamental to the functioning of the parliamentary system in India, highlighting the distinct roles and responsibilities of the President and the Council of Ministers headed by the Prime Minister.
This article ensures that the President, as the constitutional head of the executive, is kept abreast of all significant governmental decisions and legislative proposals, thereby facilitating a system of checks and balances within the executive branch. It empowers the President to seek information and even influence the decision-making process by requiring matters decided by individual ministers to be considered by the entire Council of Ministers.
Original Text
78. Duties of Prime Minister as respects the furnishing of information to the President, etc.— 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; (b) 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 (c) 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.
Detailed Explanation
Article 78 outlines the specific responsibilities placed upon the Prime Minister in their interactions with the President of India. These duties are not merely ceremonial; they are essential for the proper functioning of the parliamentary system and the constitutional role of the President.
Clause (a) imposes a mandatory duty on the Prime Minister to proactively inform the President about two key categories of decisions made by the Council of Ministers: those concerning the administration of the Union’s affairs and those related to proposed legislation. This ensures that the President is kept fully informed about the day-to-day governance of the country and the policy and legal framework being developed by the government. This communication should be prompt and comprehensive, reflecting all significant decisions.
Clause (b) complements clause (a) by giving the President the power to actively seek information. If the President requires further details or clarification on any matter related to the administration of the Union’s affairs or proposals for legislation, the Prime Minister is constitutionally bound to furnish such information. This allows the President to delve deeper into specific issues and exercise their oversight function more effectively.
Clause (c) provides the President with a significant power to ensure collective responsibility within the Council of Ministers. If a decision has been made by an individual minister without the matter having been discussed and approved by the full Council of Ministers, the President can require the Prime Minister to submit that matter for the Council’s consideration. This prevents unilateral decision-making by ministers on important matters and reinforces the principle of collective decision-making by the cabinet. This power underscores the President’s role in upholding constitutional propriety and cabinet governance.
Detailed Notes
- Article 78 defines the duties of the Prime Minister in their relationship with the President.
- It is a crucial article delineating the flow of information within the Union executive.
- Duty (a): Prime Minister must communicate decisions of the Council of Ministers to the President.
- These decisions cover:
- Administration of the affairs of the Union.
- Proposals for legislation.
- These decisions cover:
- Duty (b): Prime Minister must furnish any information requested by the President.
- This information can relate to:
- Administration of the affairs of the Union.
- Proposals for legislation.
- This information can relate to:
- Duty (c): President can require the Prime Minister to submit a matter decided by a single Minister to the Council of Ministers for consideration.
- This applies if the matter had not been previously considered by the full Council.
- This ensures collective responsibility and prevents unilateral ministerial action on significant issues.
- The article facilitates the President’s role as the constitutional head of the executive, enabling them to be informed and potentially influence the executive process.
- It underpins the relationship between the nominal head (President) and the real head (Prime Minister/Council of Ministers) of the executive.
- Violation of these duties by the Prime Minister could potentially lead to constitutional implications, although the practical enforcement mechanism is subject to political dynamics.
Additional Comments
- Article 78 establishes a formal channel of communication between the government (Council of Ministers) and the head of state (President).
- This article contributes to the system of checks and balances by ensuring the President is informed and can raise concerns or seek clarity on governmental actions and policies.
- The power under Article 78(c) is particularly significant as it allows the President to enforce collective decision-making within the Council of Ministers, potentially preventing arbitrary decisions by individual ministers.
- While the President is bound by the aid and advice of the Council of Ministers (Article 74), Article 78 provides the President with the necessary information to effectively exercise constitutional duties and act as a constitutional advisor and check.
- The nature and extent of information shared under Article 78 often depend on the relationship dynamics between the incumbent President and Prime Minister.
- Historical instances sometimes highlight the importance or potential friction points related to the exercise of these duties.
Summary
The Prime Minister has a constitutional duty under Article 78 to inform the President about all decisions of the Council of Ministers concerning the administration of the Union and legislative proposals. The Prime Minister is also required to provide any information requested by the President on these matters. Furthermore, the President is empowered to ask the Prime Minister to submit any decision made by a single Minister, which has not been considered by the Council, for the Council’s deliberation. This article is crucial for ensuring the President is kept informed and for facilitating collective responsibility within the government.