Article 78 of the Costitution of India with Case law
Article 78 of the Constitution of India
🔹 Text of Article 78:
Duties of Prime Minister as respects the furnishing of information to the President, etc.
It shall be the duty of the Prime Minister—
(a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and
(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
🔍 Key Features:
Bridge Between Executive and President:
Article 78 makes the Prime Minister the main communication link between the President and the Council of Ministers.
Presidential Supervision:
The President can seek information, ask for reconsideration, and influence discussions in the Council of Ministers — but cannot overrule them.
Constitutional Morality:
Though the President is the nominal head, this article reflects parliamentary democracy, where the real power lies with the Council of Ministers, led by the Prime Minister.
⚖️ Important Case Laws Related to Article 78:
1. S. R. Bommai v. Union of India (1994) 3 SCC 1
Issue: Scope of President’s powers under Article 356 (President’s Rule) and role of PM/Council of Ministers.
Relevance:
The Court explained that the President is bound by the advice of the Council of Ministers.
Article 78 ensures the President is kept informed, but cannot act independently without ministerial advice.
2. U.N. Rao v. Indira Gandhi (1971 AIR 1002)
Issue: Whether the President can appoint a Prime Minister at his discretion when there’s no clear majority.
Relevance:
Article 78 indirectly discussed; communication and coordination between President and PM emphasized.
Court held President must act on advice once PM is appointed.
3. Samsher Singh v. State of Punjab (1974 AIR 2192)
Issue: Whether President/Governor acts independently or on advice.
Relevance:
Court clarified that President acts on the advice of the Council of Ministers and Article 78 makes it the PM's duty to keep the President informed.
Reinforced real executive power lies with ministers, not the President.
đź“ť Summary:
| Aspect | Explanation |
|---|---|
| Nature | Mandatory duty of PM towards the President |
| Purpose | Ensures President is informed and engaged, even though bound by advice |
| Who is involved | Prime Minister, Council of Ministers, President |
| Legal Value | Enforces parliamentary accountability within executive structure |
âś… Conclusion:
Article 78 plays a crucial but procedural role in India's parliamentary system. It ensures that the President is not a silent figurehead, but a well-informed constitutional authority, although without independent executive power. Courts have upheld this symbolic yet important link in maintaining constitutional balance between the nominal and real executives.
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