Q.Why is Council of Ministers' advice binding on the President? 100 words.
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Start your 14-day free trial to unlock the full solution →The Council of Ministers' advice is made binding on the President because the President is not directly elected by the people and is meant to be a formal, ceremonial Head of State — real governing authority in a parliamentary democracy must rest with representatives who are accountable to the elected legislature, which the Council of Ministers is (through the Lok Sabha) and the President is not.
Article 74(1) explicitly states there 'shall be' a Council of Ministers with the Prime Minister at its head to aid and advise the President, who 'shall act in accordance with such advice.' The word 'shall' was deliberately clarified by constitutional amendment to remove any doubt: the advice is binding, not merely persuasive. A later amendment even closed the remaining gap — allowing the President to send advice back for reconsideration once, but requiring the President to accept whatever advice is tendered after that reconsideration. …
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