Should not those who call for protection of COI unitedly work for undoing amendments made in 1976 & 1978 to Art-74 ?

• Congress Government in 1976 & Morarji lead Janta Govt in 1978 constitutionally weakened Institution of President of INDIA
• Will Block NDA and Block INDIA unitedly work to bring Art-74 back to its original form?

Daya Sagar

In constitution of India Parliament consists of the President of India , the Lok Sabha and Rajya Sabha. In terms of Art 60 President of India is on oath Preserver, Protector and Defender of Constitution of India which I am of the opinion is an element of basic structure of Constitution and Parliament has no delegation under Art 368 to operate upon this feature ( Art-60 ).

But the 42nd and 44th amendments to Constitution of India as made in 1976 and 1978 among other things also operated upon Art 74 of Constitution of India ( original Art-74 < 74. (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. (2) The question whether any, and if so what advice was tendered by Ministers to the President shall not be inquired into in any court. > ) so as amend even the basic spirits underlying Art-74 { amended Art-74 < (74. Council of Ministers to aid and advise President.-1[(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:] 2 Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court. 1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.13, for cl. (1) (w.e.f. 3-1-1977). 2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979) } which weakened the institution of President of India worth performing duty & authority in terms of the Oath taken under Art 60 since after that the Institution of President has been in a way ‘directed’ to work only on the advice of ‘his’ council of ministers. It is not out of the place that the President of India had to protect and defend the COI even from the elected members in Parliament of it’s two houses i.e Rajya Sabha ( council of States ) & Lok Sabha ( house of people ) of which President is also a in terms of Art- 79 of COI ( Part V Art-79 < Part V Union Chapter II.-Parliament Art-79. Constitution of Parliament.-There shall be a Parliament t for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.>).
Should not the Apex Court have taken notice of such amendment on its own and examined the immediately after 1978?
To be Continued
(The author is Sr Journalist, social activist and analyst J&K affairs)