The President signs the orders. The Council of Ministers makes the decisions. So how does the President know what the government is doing? The Constitution gives this job to one person, the Prime Minister. It is Article 78, and it is short but precise. What are its three duties?
1What Does Article 78 Say?
- The Article begins: “It shall be the duty of the Prime Minister”.
- It makes the PM the channel between the President and the Council of Ministers.
- It is a duty, not a power. The PM must do these things.
- The State-level twin is Article 167. There, the Chief Minister must inform the Governor.
Remember: Article 78 = the PM keeps the President informed. Article 167 = the CM keeps the Governor informed.
True or False: Article 78 says the President must act on the advice of the Council of Ministers.
True or False: Article 78 lists only two duties, to communicate decisions and to furnish information.
2What Are the Three Duties?
- Clause (a): tell the President all decisions of the Council of Ministers. This covers Union administration and proposals for laws.
- Clause (b): give the President any information he or she asks for about Union affairs and law proposals.
- Clause (c): if the President asks, place a Minister’s decision before the whole Council.
- Clause (c) applies where a Minister took a decision, but the Council never considered it.
- Clause (c) is the one most often missed in exams.
3Why Does the Duty Exist?
- Article 74 says the President acts on the advice of the Council of Ministers.
- That only works if the President is kept informed. Article 78 does this.
- It lets the President ask questions before acting.
- It stops a decision from reaching the President with no background.
- The memory aid: 74 = act on advice. 78 = inform about advice.
4What Happened Between Zail Singh and Rajiv Gandhi?
- Giani Zail Singh was President from 1982 to 1987. Rajiv Gandhi became Prime Minister in 1984.
- Over time, the two stopped working well together. The President’s complaint was that he was not being briefed properly.
- That is the exact duty Article 78 lays down.
- In 1986, Parliament passed the Indian Post Office (Amendment) Bill. It gave the government wide powers over letters.
- The President did not sign it. He did not return it either. He simply sat on it.
- This is called a pocket veto. The Constitution sets no time limit for assent.
- Zail Singh’s term ended on 25 July 1987, and the Bill never became law in his time.
Remember: 1986-87: poor briefing, the Post Office Bill, and a pocket veto. It shows why Article 78 matters.
5What Should You Remember for Exams?
Must Know
- Article 78 makes it the PM’s duty to inform the President.
- It has three clauses: communicate, furnish, and refer to the Council.
Good to Know
- Article 74 is about acting on advice.
- Article 167 is the State version of Article 78.
- Article 75(1) says the President appoints Ministers on the PM’s advice.
Great to Know
- Do not give the information duty to Article 74 (Trap).
- Do not drop clause (c) (Trap).
- Allocating portfolios is a convention, not written in the Constitution (Trap).
6How Has This Been Asked in Exams?
CDS I 2022: which Article requires the PM to furnish information
The question asked which Article requires the Prime Minister to give the President information about Council decisions. The options were Articles 78, 74, 75 and 81. The answer is (a), Article 78. (Source: CDS I 2022, Q76.)
NDA II 2016: which PM power is written in the Constitution
The question asked which power of the Prime Minister is codified in the Constitution itself. The answer is (a), advising the President on appointing other Ministers. That comes from Article 75(1). Allocating business, summoning the Cabinet and moving Ministers are conventions. (Source: NDA II 2016, Q148.)
MCQ on Article 78
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