Model Answer
0 min readIntroduction
The Prime Minister, as the leader of the Council of Ministers, holds a pivotal position in the Indian parliamentary system. While wielding significant executive power, the Prime Minister remains accountable to the President, who acts as the constitutional head of the state. This accountability is enshrined in the Constitution and manifests primarily through the duty of the Prime Minister to furnish information to the President. This duty isn't merely procedural; it’s a cornerstone of the constitutional mechanism designed to ensure responsible governance and prevent abuse of power. Recent debates concerning transparency and accountability in government further highlight the importance of understanding this constitutional obligation.
Constitutional Basis and Article 78
The primary constitutional provision governing the Prime Minister’s duty to furnish information to the President is Article 78 of the Constitution. This Article states that the President may require information concerning the Council of Ministers and may address questions to them. It doesn't explicitly mandate the *frequency* or *content* of information, but it establishes a clear right for the President to seek it. This right implicitly creates a corresponding duty on the Prime Minister to provide it.
Nature of the Duty – Not Subservience
It's crucial to understand that Article 78 doesn't imply that the Prime Minister is subservient to the President. The President acts on the advice of the Council of Ministers (Article 74). The duty to furnish information is a mechanism for the President to be informed about the rationale behind policy decisions and to ensure the Council of Ministers is acting within constitutional bounds. The President's role is largely ceremonial, but this article allows for a degree of oversight.
Scope of Information Furnished
The scope of information that the Prime Minister is obligated to furnish is not precisely defined. It is generally understood to encompass matters relating to:
- Policy Decisions: The reasoning and background behind major policy initiatives.
- Administration: Information regarding the functioning of government departments and ministries.
- Legislation: Details on proposed legislation and its implications.
- International Relations: Updates on foreign policy engagements and treaties.
The President’s requests are expected to be met promptly and comprehensively. However, the degree of detail provided is ultimately at the discretion of the Prime Minister, although this discretion is subject to constitutional scrutiny.
Judicial Interpretation and Ambiguities
There is limited judicial interpretation of Article 78. The Supreme Court has not extensively dealt with the specifics of this provision, largely due to the political nature of the relationship between the President and the Prime Minister. However, the general principle of constitutional accountability has been emphasized in several judgments. Any refusal to provide information could potentially be challenged, although the practical difficulty of such a challenge remains significant. The President's power to seek information is not absolute and is subject to the principle of reasonable government functioning.
Practical Implications and Contemporary Relevance
In practice, the frequency and depth of information furnished to the President vary depending on the political context and the personal relationship between the two individuals. However, the constitutional obligation remains a formal check on executive power. Recent calls for greater transparency in governance have renewed focus on the importance of this duty, prompting discussions about potential mechanisms to enhance the President’s access to information.
Historical Context and Evolution
The framers of the Constitution envisioned a system where the President, though largely ceremonial, could be kept informed about the Council of Ministers' actions. This was a deliberate attempt to balance executive power and ensure constitutional oversight. While the role of the President has evolved over time, Article 78 remains a relevant constitutional provision.
| Aspect | Description |
|---|---|
| Article 78 | Provides the constitutional basis for the President to seek information from the Council of Ministers. |
| President's Role | Acts as a constitutional head, ensuring information flow and constitutional compliance. |
| Prime Minister's Duty | To furnish information requested by the President, although the scope is not precisely defined. |
Conclusion
In conclusion, the Prime Minister's duty to furnish information to the President, as mandated by Article 78 of the Constitution, represents a vital constitutional check on executive power. While the scope and frequency of information sharing remain subject to interpretation and political context, the underlying principle of accountability remains paramount. Strengthening this mechanism through enhanced transparency and clarity could further bolster the health and resilience of India’s democratic institutions. The relationship between the President and Prime Minister, though often subtle, is a cornerstone of the Indian constitutional framework.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.