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Report No. 88

Chapter 9

Constitutional Provisions

9.1. Article 74-Advice given by Ministers to the President.-

We have so far considered the position under the Evidence Act. There is an important constitutional provision to which reference should now be made. Article 74 of the Constitution reads as under:-

"74. (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 re-consideration.

(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."

Similar provision is contained in Article 163 of the Constitution in regard to States.



Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back




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