Decoding: Article 74, 75 & 78 of the constitution

Decoding: Article 74, 75 & 78 of the constitution 1

Image Courtesy: MapofIndia


Prime Minister of India holds real executive power and he is the real executive head of India. 

Note that there is no specific article in the Indian Constitution that talks specifically about the post of ‘Prime Minister’. But there are three important articles related to PM articles 74, 75 & 78. These articles talk about the Council of Ministers, other ministers, and the duties of the PM.

PRESIDENT— Nominal executive (de jure head)

PRIME MINISTER— Real executive (de facto head)

This blog discusses the 4 important things related to Prime Minister as follows:

  1. Appointment of PM
  2. Oath of PM
  3. Powers and functions of PM
  4. CM who became PM

1. Appointment

  • Article 74 states that there should be a council of ministers with the PM at the head to aid and advise the President and he (President) shall act on such advice.
  • The PM shall be appointed by the President. [Article 75(1)]

  • It is to be noted that President is not free to appoint a PM (Cannot appoint anyone of his choice). So it is based on the leader of the majority party being elected as PM.

  • But in case there is no clear-cut majority in Lok Sabha then he can exercise his personal discretion.

  • The majority party must prove a vote of confidence in the Lok Sabha within a month.

2. Oath

President administers the oath to the Prime Minister as well as to the other council of ministers. [Article 75(4)]

3. Powers and Functions of PM

  1. Relation to Council of Ministers- A recommendation to appoint a Council of Ministers is given by the PM to President to appoint a particular person as Council of Minister.
  2. Relation to the President- PM recommends President to appoint CAG, UPSC, etc members. Also, he acts as a communication channel between the Council of Ministers and the President.
  3. Relation to Parliament- Policies, bills, etc are made by the PM with the aid and advice of the Council of Ministers. Also, Loksabha dissolution is told by the PM to President.
  4. Key authorities are under the belt of the PM. Like UPSC, and ECI, the appointment of state governors is recommended by the PM, etc.
  5. Other functions- NITI Aayog chairman is the PM, the Leader of Lok sabha is the PM, and the Spokesperson of the government is the PM.
  6. Also, refer to Article 78 of the Indian constitution.

4. Chief Ministers who became PM:


  1. Morarji Desai (First non-congress PM)

  2. Chaudhary Charan Singh  (CM of Uttar Pradesh)

  3. V.P. Singh (CM of Uttar Pradesh)

  4. P.V. Narsimha Rao (CM of Andra Pradesh)

  5. H.D. Deve Gowda (CM of Karnataka)

  6. Narendra Modi (CM of Gujarat)




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