Previous Year Question
Consider the following statements:
The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: A
Detailed Solution
Statement 1 is correct. Under Article 77(3) of the Constitution, the President makes rules for the more convenient transaction of the business of the Government of India and for the allocation of that business among Ministers.
Two important sets of rules operate under this constitutional authority:
Government of India (Allocation of Business) Rules, 1961: These distribute the business of the Government among different Ministries, Departments and Ministers.
Government of India (Transaction of Business) Rules, 1961: These prescribe how government business is to be conducted and which matters must be submitted to the Prime Minister, the Cabinet or Cabinet Committees.
Statement 2 is incorrect. Under Article 77(1), all executive actions of the Government of India are expressed to be taken in the name of the President, not in the name of the Prime Minister.
Article 77(2) provides that orders and other instruments made and executed in the President’s name are authenticated according to rules made by the President. Once properly authenticated, their validity cannot be questioned merely on the ground that they were not made or executed by the President personally.
Related constitutional framework
Article 53: The executive power of the Union is vested in the President.
Article 74: A Council of Ministers headed by the Prime Minister aids and advises the President.
Article 75(3): The Council of Ministers is collectively responsible to the Lok Sabha.
Article 78: The Prime Minister must communicate decisions of the Council of Ministers and information concerning Union administration to the President.
Thus, the President is the constitutional or formal executive head, while the Prime Minister and Council of Ministers constitute the real executive. Nevertheless, executive actions are formally taken in the President’s name.