Article 78 of the Constitution of India deals with the constitutional duties of the Prime Minister in relation to the President. It lays down the Prime Minister’s responsibility to keep the President informed about the decisions and affairs of the Council of Ministers and the administration of Union affairs.
- Meaning of Article 78
- Article 78(a) – Communication of Decisions
- Article 78(b) – Furnishing Information
- Article 78(c) – Submission of Matters for Council Consideration
- Why Article 78 Is Important
- Prime Minister as the Link Between President and Council
- Article 78 and Article 74
- Article 78 and Article 75
- Article 78 and Article 77
- Article 78 and Parliamentary Government
- Can the President Seek Information from the Prime Minister?
- Can the President Require a Matter to Be Considered by the Council?
- Individual Minister vs Council of Ministers
- Article 78 at a Glance
- Article 78 and President’s Right to Information
- Importance of Article 78
- Common Confusions
- Quick Revision
- Conclusion
The Article ensures effective communication between the President and the Council of Ministers and supports the functioning of India’s parliamentary system.
Meaning of Article 78
Article 78 specifies the duties of the Prime Minister of India towards the President.
The Prime Minister is required to:
- Communicate to the President all decisions of the Council of Ministers relating to the administration of Union affairs and proposals for legislation.
- Furnish such information relating to the administration of Union affairs and proposals for legislation as the President may call for.
- If the President requires, submit for consideration of the Council of Ministers any matter on which a Minister has taken a decision but which has not been considered by the Council.
These duties ensure that the President remains constitutionally informed about the functioning of the Union government.
Article 78(a) – Communication of Decisions
Article 78(a) requires the Prime Minister 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.
The Prime Minister therefore acts as an important constitutional link between the Council of Ministers and the President.
Article 78(b) – Furnishing Information
Under Article 78(b), the Prime Minister must furnish such information relating to:
- The administration of Union affairs; and
- Proposals for legislation
as the President may call for.
The President can therefore seek relevant information from the Prime Minister concerning the functioning of the Union government.
Article 78(c) – Submission of Matters for Council Consideration
Article 78(c) provides an important safeguard.
If the President requires, the Prime Minister must submit for consideration of the Council of Ministers any matter on which a Minister has taken a decision but which has not been considered by the Council.
This provision ensures that an important matter decided by an individual Minister can, when required by the President, be brought before the entire Council of Ministers for consideration.
Why Article 78 Is Important
Article 78 creates a formal communication mechanism between the President and Prime Minister.
The President is the constitutional head of the Union, while the Council of Ministers headed by the Prime Minister exercises executive authority within the parliamentary system.
Article 78 helps maintain this constitutional relationship by ensuring that the President is kept informed.
Prime Minister as the Link Between President and Council
The Prime Minister performs a crucial coordinating role.
The relationship can be understood as:
Council of Ministers → Decisions → Prime Minister → President
The Prime Minister communicates the relevant decisions and information to the President.
Similarly, when the President seeks information or requires a matter to be reconsidered by the Council, the Prime Minister communicates and facilitates that process.
Article 78 and Article 74
Articles 74 and 78 are closely connected.
Article 74 provides for the Council of Ministers to aid and advise the President.
Article 78 establishes the Prime Minister’s duties to keep the President informed about the Council’s decisions and Union administration.
Therefore:
Article 74 → Aid and advice
Article 78 → Communication and information
Article 78 and Article 75
Article 75 deals with important constitutional provisions concerning the Council of Ministers, including collective responsibility to the Lok Sabha.
Article 78 specifically deals with the Prime Minister’s duties towards the President.
Thus:
Article 75 → Constitutional provisions concerning Ministers
Article 78 → Duties of Prime Minister towards President
Article 78 and Article 77
Article 77 deals with the conduct of business of the Government of India.
Article 78 deals with the Prime Minister’s responsibility to communicate information concerning that administration to the President.
Therefore:
Article 77 → Conduct of Union government business
Article 78 → Communication of Union government affairs to President
Article 78 and Parliamentary Government
Article 78 reflects the nature of India’s parliamentary form of government.
The President does not function as an independent political executive. The President acts within the constitutional framework involving the Council of Ministers headed by the Prime Minister.
The Prime Minister consequently has a constitutional responsibility to ensure that the President is kept informed about significant governmental decisions and legislative proposals.
Can the President Seek Information from the Prime Minister?
Yes.
Under Article 78(b), the President may call for information relating to:
- Administration of Union affairs; and
- Proposals for legislation.
The Prime Minister has a constitutional duty to furnish the information sought.
Can the President Require a Matter to Be Considered by the Council?
Yes.
Under Article 78(c), if a Minister has taken a decision on a matter that has not been considered by the Council of Ministers, the President can require the Prime Minister to submit that matter to the Council of Ministers for consideration.
This does not mean that the President personally takes over the decision-making process.
Rather, the matter is placed before the Council of Ministers for collective consideration.
Individual Minister vs Council of Ministers
Article 78(c) is particularly important because it distinguishes between:
Decision by an individual Minister
and
Decision considered by the Council of Ministers
If the President requires it, a matter decided by an individual Minister but not considered by the Council must be placed before the Council.
This reinforces the importance of collective decision-making within the Union executive.
Article 78 at a Glance
| Provision | Prime Minister’s Duty |
|---|---|
| Article 78(a) | Communicate Council of Ministers’ decisions to President |
| Article 78(b) | Furnish information called for by President |
| Article 78(c) | Submit specified matters for consideration of Council of Ministers |
| Authority involved | President and Prime Minister |
| Purpose | Communication, information and coordination |
| Related Articles | 74, 75 and 77 |
Article 78 and President’s Right to Information
Article 78 ensures that the President is not kept unaware of important matters concerning Union administration.
The Prime Minister therefore has a constitutional duty to maintain an appropriate flow of information between the elected government and the constitutional head.
Importance of Article 78
1. Maintains Communication
It creates a constitutional channel between the President and Council of Ministers.
2. Keeps President Informed
The President receives information about important decisions and legislative proposals.
3. Supports Collective Responsibility
Article 78(c) allows matters decided by individual Ministers to be brought before the entire Council.
4. Strengthens Parliamentary Government
It clarifies the Prime Minister’s coordinating role within the Union executive.
5. Promotes Constitutional Accountability
It ensures that the President has access to information necessary for the proper discharge of constitutional functions.
Common Confusions
Who Has Duties Under Article 78?
The Prime Minister.
To Whom Are These Duties Owed?
To the President of India.
What Does Article 78(a) Require?
The Prime Minister must communicate decisions of the Council of Ministers concerning Union administration and proposals for legislation.
Can the President Ask for Information?
Yes. Article 78(b) requires the Prime Minister to furnish information called for by the President regarding Union administration and legislative proposals.
Can the President Ask the Council to Reconsider a Minister’s Decision?
Under Article 78(c), the President can require the Prime Minister to submit a matter decided by an individual Minister but not considered by the Council of Ministers for consideration by the Council.
Does Article 78 Give the President Direct Executive Power?
No.
Article 78 primarily establishes the Prime Minister’s duties of communication, information and submission of matters.
Quick Revision
- Article 78 → Duties of Prime Minister towards President.
- Prime Minister must communicate Council of Ministers’ decisions to the President.
- Prime Minister must provide information requested by the President.
- Information may concern Union administration and legislative proposals.
- President can require a matter decided by an individual Minister to be placed before the Council of Ministers.
- Article 78 strengthens communication between the President and Prime Minister.
- Article 74 → Council of Ministers aids and advises President.
- Article 75 → Other provisions concerning Ministers.
- Article 77 → Conduct of Government of India business.
- Article 78 → Duties of Prime Minister towards President.
Conclusion
Article 78 establishes important constitutional duties of the Prime Minister towards the President. It requires the Prime Minister to communicate decisions of the Council of Ministers, furnish information requested by the President and, when required, place certain matters before the Council of Ministers for consideration.
The Article is an important part of the constitutional relationship between the President, Prime Minister and Council of Ministers and helps maintain effective communication within India’s parliamentary executive.
The key point to remember is:
Article 78 → The Prime Minister must keep the President informed about Union administration and legislative proposals and must submit specified matters for consideration of the Council of Ministers when required by the President.
