The Constitution of India
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.
Why this exists
India's Constitution creates a parliamentary system where the President is the ceremonial head of state but the real executive power lies with the Council of Ministers, headed by the Prime Minister, who is collectively responsible to Parliament. Since the President formally embodies executive authority and must act mostly on ministerial advice, the Constitution builders (drawing on the Government of India Act 1935 and British conventions) ensured the President is not left in the dark. Article 78 acts as a communication bridge: it obliges the Prime Minister, as the link between the Cabinet and the President, to keep the head of state informed and to allow the President a check against decisions being taken by individual ministers without full Cabinet oversight.
How courts read it
Courts have not extensively litigated Article 78 directly, since it deals with an internal government-to-President communication duty rather than citizen rights. However, in discussions of the President's role (such as in S.R. Bommai v. Union of India and cases interpreting Article 74 on ministerial advice), courts have reinforced that Article 78 supports the general constitutional scheme where the President acts on aid and advice of the Council of Ministers but retains a right to be informed and to seek reconsideration, reflecting the President's limited but real involvement in governance.
Common misconceptions
- Myth: The President can independently decide policies after receiving this information from the Prime Minister.
Fact: The President generally acts on the aid and advice of the Council of Ministers (Article 74); Article 78 is about keeping the President informed, not about giving the President independent decision-making power. - Myth: Article 78 lets the President reject or veto Cabinet decisions.
Fact: The Article only requires that decisions be communicated and, if the President asks, that a matter be reconsidered by the full Cabinet — it does not grant veto power over the substance of the decision.