Article 74 of CoI : Article 74: Council Of Ministers To Aid And Advise The President

CoI

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Explanation using Example

Imagine the President of India is presented with a bill passed by the Parliament that requires his assent to become law. According to Article 74 of the Constitution of India, the President would seek advice from the Council of Ministers, led by the Prime Minister, on whether to give assent to the bill or not. The Prime Minister and the Council of Ministers might advise the President to give his assent. The President, while having the right to send the bill back for reconsideration once, ultimately has to act based on the advice given by the Council of Ministers after such reconsideration.

In this scenario, if there were any legal disputes or court cases questioning what advice was given by the Prime Minister and the Council of Ministers to the President regarding the bill, Article 74(2) would prevent the courts from investigating the nature of this advice.

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