Supreme Court Rules on the Powers of the President and Prime Minister
The Supreme Court of India delivered a landmark ruling clarifying that the President's power to appoint the Prime Minister is not absolute and must be exercised on the aid and advice of the Council of Ministers, as per Article 74 of the Constitution. The judgment reinforces the parliamentary form of government, the principle of collective responsibility, and the separation of powers under the basic structure doctrine. This ruling prevents the misuse of discretionary powers by the President, strengthens democratic accountability, and ensures stability in the political system by affirming that real executive power rests with the Council of Ministers.
Key Points
- The Supreme Court ruled that the President's power to appoint the Prime Minister is not absolute.
- The President must act on the aid and advice of the Council of Ministers as per Article 74.
- The judgment upholds the parliamentary form of government and the principle of collective responsibility.
- It aligns with the basic structure doctrine, reinforcing constitutional morality and the separation of powers.
Exam Facts
- Article 74 mandates that the President shall act on the aid and advice of the Council of Ministers.
- Article 75 governs the appointment of the Prime Minister and other ministers.
- Article 53 vests the executive power of the Union in the President to be exercised through the Council of Ministers.
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