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Part V

Article 77

Conduct of business of the Government of India

(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.

(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

Version 1

Article 64, Draft Constitution of India 1948

(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.

Version 2

Article 77, Constitution of India 1950

(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.

⁠(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

Summary

Draft Article 64 (Article 77) was debated on 7 January 1949. This article governed the executive business of the Government of India.

A member moved an amendment to replace ‘President’ with the ‘Government of India’ so that all executive business was done in the name of the Government. He argued that the ‘personal and direct form’ referring to the President as an individual, needed to be replaced with ‘impersonal and collective form’ referring to the collective of the Council of Ministers. In response, another member pointed out that the ‘executive power is co-extensive with the power of the Legislature’. The President is an important link between the legislature and the executive. He also reminded that in effect, the President cannot act independently but only on the advice of the Cabinet and the Prime Minister. Hence this proposal was unnecessary.

The Assembly did not accept any amendments; and adopted the Draft Article on 7 January 1949.