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2026
Modern
Constitutional state · 2026
Constitution of India
Part V — The Union
Article74

Council of Ministers to aid and advise President

(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.

In plain language

The President acts on the aid and advice of the Council of Ministers headed by the Prime Minister. That advice, with a limited return for reconsideration, is the real executive.

This wording has been in force since 1950 on this desk.

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