Article 74 of CoI : Article 74: Council of Ministers to aid and advise President.

Explanation using Example

Example 1:

Scenario: The President of India is considering signing a new bill into law that has been passed by both houses of Parliament. However, the President has some reservations about the bill's implications.

Application of Article 74:

• The President seeks advice from the Council of Ministers, headed by the Prime Minister, on whether to sign the bill into law.
• The Council of Ministers advises the President to sign the bill.
• The President, still unsure, asks the Council of Ministers to reconsider their advice.
• After reconsideration, the Council of Ministers again advises the President to sign the bill.
• According to Article 74, the President must act in accordance with the advice tendered after reconsideration and thus signs the bill into law.

Example 2:

Scenario: A situation arises where the President of India needs to make a decision on a matter of national security, such as deploying armed forces in a conflict zone.

Application of Article 74:

• The President consults the Council of Ministers for their advice on the deployment of armed forces.
• The Council of Ministers, after deliberation, advises the President to proceed with the deployment.
• The President, considering the gravity of the situation, asks the Council of Ministers to reconsider their advice.
• After reconsideration, the Council of Ministers reaffirms their advice to deploy the armed forces.
• As per Article 74, the President is bound to act in accordance with the advice given after reconsideration and orders the deployment of the armed forces.

Example 3:

Scenario: The President of India is required to appoint a new Chief Justice of India.

Application of Article 74:

• The President seeks the advice of the Council of Ministers on the appointment.
• The Council of Ministers recommends a particular candidate for the position.
• The President, wanting to ensure the best choice, asks the Council of Ministers to reconsider their recommendation.
• After reconsideration, the Council of Ministers stands by their original recommendation.
• Following Article 74, the President must act according to the advice given after reconsideration and appoints the recommended candidate as the new Chief Justice of India.

Example 4:

Scenario: The President of India is considering granting a pardon to a convict on death row.

Application of Article 74:

• The President seeks the advice of the Council of Ministers on whether to grant the pardon.
• The Council of Ministers advises against granting the pardon.
• The President, feeling the need for further reflection, asks the Council of Ministers to reconsider their advice.
• After reconsideration, the Council of Ministers maintains their stance against granting the pardon.
• In accordance with Article 74, the President must follow the advice given after reconsideration and decides not to grant the pardon.