Part V · Council of Ministers
Article 74 Council of Ministers to aid and advise President.
This article creates the Council of Ministers, with the Prime Minister at its head, to aid and advise the President. The President must act in accordance with that advice. The President may once require the Council to reconsider its advice. The advice after reconsideration binds the President. Courts cannot inquire into what advice the Ministers tendered.
- (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
- (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.
What it means
Plain words summary of the article above. Not legal advice.
This article creates the Council of Ministers, with the Prime Minister at its head, to aid and advise the President. The President must act in accordance with that advice. The President may once require the Council to reconsider its advice. The advice after reconsideration binds the President. Courts cannot inquire into what advice the Ministers tendered. The real executive thus sits in the Council, not the formal head.