Question map
Consider the following statements : 1. 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. 2. All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister. Which of the statements given above is/are correct?
Explanation
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 said business.[2] This makes Statement 1 correct.
However, Statement 2 is incorrect. All executive action of the Government of India shall be expressed to be taken in the name of the President.[3] This is also confirmed under the executive powers of the President, where all executive actions of the Government of India are formally taken in his/her name.[4]
The key distinction to remember is that while the Prime Minister heads the Council of Ministers and is the real executive authority in practice, constitutionally and formally, all executive actions are taken in the name of the President, not the Prime Minister. Therefore, only Statement 1 is correct, making option A the right answer.
Sources- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > Article 77 - Conduct of Business of the Government of India > p. 214
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 21: Central Council of Ministers > Article 77 - Conduct of Business of the Government of India > p. 214
- [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > Article 77 - Conduct of Business of the Government of India > p. 213
- [4] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > Executive Powers > p. 192
PROVENANCE & STUDY PATTERN
Full viewThis is a textbook 'Sitter' from the Union Executive chapter. It directly tests the text of Article 77. If you rely on standard books like Laxmikanth or D.D. Basu, this is unmissable. The trap in Statement 2 is a classic 'Constitutional Head vs. Real Head' swap.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Under the Constitution of India, does Article 77(3) state that 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 that business?
- Statement 2: Under the Constitution of India, in whose name are all executive actions of the Government of India expressed to be taken?
- Directly reproduces the text of clause 3 stating the President shall make rules for more convenient transaction of Government of India business and allocation among Ministers.
- Appears in a standard constitutional commentary (Laxmikanth) summarizing Article 77, indicating authoritative restatement of the clause.
- Lists the President's executive powers and explicitly includes making rules for convenient transaction of Union business and allocation among ministers.
- Provides a concise paraphrase of the same rule-making power in the context of presidential executive functions.
- Duplicate/alternate edition entry that contains the same clause text as index 1 affirming Article 77(3).
- Reinforces the presence of the exact provision in standard polity texts.
- Direct text from Article 77 stating that all executive action of the Government of India is expressed to be taken in the name of the President.
- Article 77 is the constitutional provision specifically titled 'Conduct of Business of the Government of India', making it the primary authority on this procedural formality.
- Summarizes the President's executive powers and expressly notes that all executive actions of the Government of India are formally taken in his/her name.
- Reinforces the Article 77 formulation by listing it among the President's enumerated executive functions.
- Explains that the executive power of the Union is vested in the President (Article 53), supporting why executive actions are expressed in the President's name.
- Provides doctrinal context that the President is the formal head of the Union executive.
- [THE VERDICT]: Sitter. Direct lift from Laxmikanth (Chapter: President / Central Council of Ministers) and the bare text of Article 77.
- [THE CONCEPTUAL TRIGGER]: 'Conduct of Business of the Government of India' β specifically the procedural formalities of the Executive.
- [THE HORIZONTAL EXPANSION]: Memorize the 'Executive Procedure' chain: Art 53 (Vesting of Power) β Art 74 (Aid & Advice) β Art 77 (Conduct of Business) β Art 78 (Duties of PM). Contrast these with State counterparts: Art 154 β Art 163 β Art 166 β Art 167.
- [THE STRATEGIC METACOGNITION]: When reading Polity, distinguish between 'Real Power' (PM/Cabinet) and 'Formal Authority' (President). UPSC loves to swap these. Always check: Is the action 'taken by' the PM or 'expressed in the name of' the President?
This is the exact provision questioned β references 1 and 2 reproduce the clause and reference 6 paraphrases the power as part of presidential functions.
High-yield constitutional provision: UPSC often asks about conduct of executive business and specific Articles. Mastering the exact scope and wording of Article 77(3) helps answer direct-knowledge and linkage questions (e.g., allocation of business, role of President vs. ministers). Study by memorizing clause text and cross-referencing standard commentaries.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > Article 77 - Conduct of Business of the Government of India > p. 214
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 21: Central Council of Ministers > Article 77 - Conduct of Business of the Government of India > p. 214
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > Executive Powers > p. 192
Article 77 is multi-part; references 4 and 5 show clause 1 which contextualizes clause 3 about rule-making for transactions of business.
Understanding Art 77(1) alongside (3) helps aspirants reason about formalities of executive action and authentication β frequent UPSC linkage in questions on executive powers and administrative procedure. Learn by mapping Article sub-clauses together and noting practical implications.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > Article 77 - Conduct of Business of the Government of India > p. 213
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 21: Central Council of Ministers > Article 77 - Conduct of Business of the Government of India > p. 213
Reference 6 lists the President's power to make such rules; references 8 and 10 highlight constitutional limits (advice of Council of Ministers, Article 74/75 context).
Helps answer synthesis questions that test interplay between formal presidential powers and day-to-day exercise (e.g., who actually directs allocation of business). UPSC often tests such inter-Article relationships; prepare by linking Articles 53β77 and practice scenario questions.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > Executive Powers > p. 192
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Indian President compared with American President and English Crown. > p. 232
Article 77 explicitly prescribes that executive actions of the Union are expressed to be taken in the name of the President; this is the direct rule underlying the statement.
High-yield for constitutional law questions: memorizing Article 77 helps answer questions on formalities of executive action and conduct of Union business. It connects to questions on administrative procedure and the symbolic/formal roles of constitutional offices. Prepare by learning exact Article numbers and their operative sentences and comparing Union vs State provisions.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > Article 77 - Conduct of Business of the Government of India > p. 213
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > Executive Powers > p. 192
The vesting of executive power in the President explains why executive actions are expressed in the President's name and links to the President's formal role.
Important for questions distinguishing titular authority and practical exercise of power (ministerial advice, responsibility). Useful in essay and mains answers on separation of powers, and for prelims fact-based items referencing Articles 53/75/77. Study by mapping Articles that vest and regulate executive power and by comparing textual provisions with conventions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 209
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > 42nd Amendment 1976. > p. 48
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > Executive Powers > p. 192
Article-level practice for the Union (President) parallels the State provision that executive actions of a State are in the Governor's name, highlighting a constitutional pattern.
Helps answer comparative questions on Union and State executive formalities and spot distinctions in constitutional provisions (Article 77 vs Article 161). Master by juxtaposing corresponding Union and State Articles and using them to tackle both MCQs and descriptive questions.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > Article 77 - Conduct of Business of the Government of India > p. 213
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 32: State Council of Ministers > Article 16. Conduct of Business of the Government of a State > p. 330
The 'Immunity Clause' in Article 77(2): Orders authenticated under rules made by the President CANNOT be called into question on the ground that they were not made or executed by the President. This specific immunity is a prime candidate for a future 'Which of the following is correct?' statement.
Use the 'Ceremonial Seal' Heuristic: In a Parliamentary Democracy, the Prime Minister is the 'Driver', but the Car is registered in the name of the 'Owner' (President). Formal actions (signing treaties, issuing orders, appointments) are ALWAYS in the Owner's name. Statement 2 puts the Driver's name on the registrationβimmediately eliminate it.
Link Article 77(3) to the 'Government of India (Allocation of Business) Rules, 1961'. This is the legal bedrock of the Portfolio System. In Mains (GS2), this explains how the Cabinet Secretariat functions and how accountability is fixed on specific Ministries.