Article 74 of the Constitution of India

(This para is added by the Forty-fourth Amendment of the Constitution of India in the year 1978) (2) The question if any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

[1] In this case Supreme Court made some very important pronouncements regarding scope and effect of Clause (2) of Article 74.

The object of Article 74(2) was only to make the question whether the President had followed the advice of the Ministers or acted contrary thereto, non-justiciable.

President, need not step down or can approach the Supreme Court for restoring his post as long as he has not violated the constitution (i.e. not obliging the unconstitutional advice of the ministers even after sending back for reconsideration).

When cabinet ministers / meeting minutes are not supporting the advice given to the Governor, he can act in his discretion without violating the constitution.