Article 77 of CoI : Article 77: Conduct of business of the Government of India.

Explanation using Example

Example 1:

Scenario: Issuance of a Government Order for Infrastructure Development

Context: The Ministry of Road Transport and Highways decides to build a new highway connecting two major cities in India.

Application of Article 77:

1. Executive Action in the Name of the President: The decision to build the highway is an executive action and must be expressed as being taken in the name of the President of India.
2. Authentication of Orders: The official order for the construction of the highway is issued in the name of the President and is authenticated by the designated officer as per the rules specified by the President.
3. Validity of the Order: The order, once authenticated, cannot be challenged on the grounds that it was not personally made or executed by the President.
4. Rules for Transaction of Business: The President has made rules that allocate the responsibility of infrastructure development to the Ministry of Road Transport and Highways, ensuring smooth and efficient handling of the project.

Example 2:

Scenario: Allocation of Portfolios among Ministers

Context: After a general election, a new government is formed, and the Prime Minister needs to allocate various ministries to the newly appointed ministers.

Application of Article 77:

1. Executive Action in the Name of the President: The allocation of portfolios to the ministers is an executive action and must be expressed as being taken in the name of the President of India.
2. Authentication of Orders: The official notification detailing the allocation of ministries is issued in the name of the President and is authenticated by the Cabinet Secretary as per the rules specified by the President.
3. Validity of the Order: The notification, once authenticated, cannot be questioned on the grounds that it was not personally made or executed by the President.
4. Rules for Transaction of Business: The President has established rules for the allocation of business among ministers, ensuring that each minister knows their responsibilities and can carry out their duties effectively.

Example 3:

Scenario: Issuance of a Financial Grant to a State Government

Context: The Central Government decides to provide a financial grant to a state government for disaster relief after a natural calamity.

Application of Article 77:

1. Executive Action in the Name of the President: The decision to provide the financial grant is an executive action and must be expressed as being taken in the name of the President of India.
2. Authentication of Orders: The official order for the release of funds is issued in the name of the President and is authenticated by the Finance Secretary as per the rules specified by the President.
3. Validity of the Order: The order, once authenticated, cannot be challenged on the grounds that it was not personally made or executed by the President.
4. Rules for Transaction of Business: The President has made rules that allocate the responsibility of disaster relief funds to the Ministry of Finance, ensuring that the funds are disbursed efficiently and transparently.

Example 4:

Scenario: Appointment of a High-Ranking Official

Context: The Government of India decides to appoint a new Chief Election Commissioner.

Application of Article 77:

1. Executive Action in the Name of the President: The appointment of the Chief Election Commissioner is an executive action and must be expressed as being taken in the name of the President of India.
2. Authentication of Orders: The official order for the appointment is issued in the name of the President and is authenticated by the Secretary of the Ministry of Law and Justice as per the rules specified by the President.
3. Validity of the Order: The order, once authenticated, cannot be questioned on the grounds that it was not personally made or executed by the President.
4. Rules for Transaction of Business: The President has established rules for the appointment of high-ranking officials, ensuring that the process is transparent and follows the established guidelines.