According to Article 74 of the Constitution of India on whose advice does the President act?

Question

Accepted Answer

According to Article 74 of the Constitution of India, the President acts on the advice of the Council of Ministers. This is explicitly stated in the Constitution, which establishes the framework for the functioning of the executive branch of the government. The Council of Ministers, headed by the Prime Minister, is responsible for aiding and advising the President in the exercise of his functions. This ensures that the President acts in accordance with the decisions and policies formulated by the elected representatives of the people, thereby upholding the democratic principles of governance.

1. **Explanation for Option 1 (Council of Ministers):**
   - Article 74(1) of the Indian Constitution clearly states that 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. This provision ensures that the President's role is largely ceremonial and that the real executive power is vested in the Council of Ministers. This system is designed to maintain a parliamentary form of government where the executive is accountable to the legislature.

2. **Explanation for why other options are incorrect:**

- **Option 2 (Vice-President):**
     - The Vice-President of India does not have a role in advising the President in the exercise of his functions. The Vice-President's primary role is to act as the Chairperson of the Rajya Sabha (the upper house of Parliament) and to step in as Acting President in the event of the President's absence, resignation, or death. The Vice-President does not form part of the Council of Ministers and thus does not provide advice to the President.

- **Option 3 (Speaker of Lok Sabha):**
     - The Speaker of the Lok Sabha is responsible for maintaining order and decorum in the Lok Sabha, the lower house of Parliament. The Speaker does not have any constitutional role in advising the President. The Speaker's duties are confined to the legislative domain, and they do not participate in the executive functions of the government.

- **Option 4 (Governor):**
     - The Governor is the constitutional head of a state in India and acts on the advice of the state's Council of Ministers. The Governor does not have any role in advising the President of India. The President and the Governor operate at different levels of government, with the President at the national level and the Governor at the state level.

In conclusion, the correct answer is Option 1, as the President of India acts on the advice of the Council of Ministers, as mandated by Article 74 of the Constitution. The other options do not have any constitutional basis for advising the President in the exercise of his functions.