Appointment and Powers — Amendments

Amendment	Year	Description	Impact
42nd Amendment	1976	Made the President bound to act according to the aid and advice of the Council of Ministers by adding 'shall act in accordance with such advice' in Article 74(1). This removed any ambiguity about whether presidential discretion existed in following ministerial advice.	Strengthened the Prime Minister's position by ensuring that the President cannot refuse to act on the Council of Ministers' advice, making the PM the real executive authority in the Indian system.
44th Amendment	1978	Restored the President's power to seek reconsideration of advice from the Council of Ministers once, but made it clear that the President must act according to the reconsidered advice. Also required written advice for emergency proclamations.	Balanced the 42nd Amendment by giving the President limited power to seek reconsideration while maintaining the PM's ultimate authority. Strengthened the PM's role in emergency decision-making by requiring written advice.
91st Amendment	2003	Limited the size of the Council of Ministers to 15% of the total strength of the Lok Sabha and imposed similar restrictions on state governments. Also strengthened anti-defection provisions.	Constrained the Prime Minister's power to expand the ministry for political accommodation, promoting more efficient governance and reducing the scope for political horse-trading through ministerial positions.

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