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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
CONSTITUTION OF INDIA
The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next article in the series on constitutional provisions in order to aid our readers in understanding them.
77. “Conduct of business of the Government of India.

77. “Conduct of business of the Government of India.—(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.

(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.”

Article 77 had 3 clauses in the original Constitution. Clause 4 had been inserted by the Constitution 42nd Amendment in 1976, but it was omitted in 1978 by the Constitution 44th Amendment.

This Article interlinks the executive power of the President with the conduct of business of the Government of India. The first clause states that the President being the head of the executive organ of the Government of India, all executive action shall be performed in his name. Second clause encompasses the procedure of authenticity of orders, documents or instruments made in the name of President through the rules made by him. Such rules have been notified by S.O. 2297, 3rd November, 1958 which has been published in the Gazette of India, Extra., Part-II, Section 3(ii) at page 1315. This rule is amended from time-to-time in order to keep function of government in coping with the contemporary constitutional and political scenario. The second clause provides that the validity of such order cannot be questioned by any law of land. The third clause has made the provision that the President can make rules for the more convenient transaction of the business or function of the Government of India and for allocation among the Ministers of such governmental business. The provision of this Article has a specific historical background i.e. the same has been borrowed from the Constitution of the United States of America which is a federal structure of government. The most important thing in this Article is the use of the words “Government of India” which includes the Government of 28 States and 7 Union Territories. Hence, the President is the head of the Union of India and every action made in governmental sphere is done in his name.

Moreover, all executive actions of the Government of India, including statutory and constitutional functions and also quasi-judicial functions are done in the name of the President of India.

 
 
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