COM, Prime Minister and Attorney General (Article 74-78)

Council of Minister (COM)

Article 74 – Council of Minister to Aid and advice President

1. There shall be a Council of Minister with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions.
2. The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

Article 75 – Other Provisions as to Ministers

1. The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
   • The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total number of members of the House of the People.
2. The Ministers shall hold office during the pleasure of the President
3. The Council of Ministers shall be collectively responsible to the House of the People. Means that a Minister which loses confidence on the Lok Sabha is obliged to resign
4. A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.

The Attorney-General for India

Article 76 – Attorney-General for India

1. The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.
2. It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President and to discharge the functions conferred on hum by or under this Constitution or any other law for the time being in force.
3. In the performance of his duties the Attorney-general shall have right of audience in all courts in the territory o f India.
4. The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.

Article 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 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.

Article 78 – Duties of the Prime Minister

1. Prime Minister should 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.
2. PM should furnish such information relating to the administration of the affairs of the Union and Proposals for legislation as the President may call for;
3. 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.