Part V
Article 78

Duties of Prime Minister as respects the furnishing of information to the President, etc

It shall be the duty of the Prime Minister—

(a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Version 1

Article 65, Draft Constitution of India 1948

It shall be the duty of the Prime Minister-

(a) To communicate to the President all decisions of the Council of ministers relating to the administration of the affairs of the Union and proposals for legislation:

(b) To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

(c) If the President so requires, to submit for the consideration of the Council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the Council.

Version 2

Article 78, Constitution of India 1950

It shall be the duty of the Prime Minister—

(a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

(c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Summary

Draft Article 65 (Article 78) was debated on 7 January 1949. This article made the Prime Minister responsible for official communications to the President.

One member moved an amendment to insert ‘as soon as they are made’ in clause (a): this would ensure that the President was made aware of the Ministers’ decision at the earliest and prevent delay and procrastination. However, the mover of the amendment, generally commenting on this article, was not convinced of its necessity. This was a matter of routine business and could be a part of the Rules of Business of the Cabinet.

The Assembly adopted the Draft Article without any amendments on 7 January 1949.