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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.

78. "Duties of Prime Minister as respects the furnishing of information to the President.

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.”


As per the structure of our Constitution and system of our governance, the President is the executive head of India. And our Parliament consists of the President at the apex seat and both Lok Sabha and Council of States i.e. Rajya Sabha. Further all executive action of the Government of India is expressed to be taken in the name of the President. All orders and other instruments made and executed in the name of the President, has been authenticated in the manner which has been specified in the prescribed Rules made in Parliamentary Procedures which has been notified by Notification No. S.O. 229, dated 3rd November, 1958, and published in the Gazette of India, Extra., Part II, Section 3(ii), page 1315 and such rule is amended from time-to-time. It means every action in India at each and every level is done by the President of India. But indepth study of our governing system reveals that the Prime Minister being actual head of the Council of Ministers, acts as head of the government and the President is the titular head.

According to this Article of our Constitution the Prime Minister is duty bound to communicate all the decisions of his Council of Ministers in respect of the affairs of the Union and all the proposals of the enactments, laws and legislations, to the President.
Further the Prime Minister is bound to inform about the administration of affairs of Union and proposals for legislations to the President which he may call for. And if the President requires, the Prime Minister has to submit to the consideration of the Council of Ministers, any matter on which a decision has been taken by a single Minister but which has not been considered by the Council of Ministers. This provision relates to the Private Members Bill in the Parliament of India.

As per the provisions of this Article, the President is empowered to know about all decisions, policies, Rules and Regulations of the Government of India from the Prime Minister from time-to-time which the Prime Minister is bound to give and the President may call for some administrative information in the interest of the people of India.

This Article is the original Article since 1950 i.e. from the inception of the Constitution of India and has not yet been amended in full or any of the provisions in it. The Prime Minister being the head of the Council of Ministers as well as the head of the Union Cabinet acts in a systematic way in respect of the governmentary functions and only information is supplied by him to the President. This Article makes the provision in such a way that the function of the President as executive head is kept in tact. The framers of the Constitution were aware of the fact that without such provision the Prime Minister would be head of governance of the country rather than the President.

 
 
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