Articles 76, 77 and 78 of the Constitution of India
Articles 76, 77 and 78 form part of Part V of the Constitution of India. They deal respectively with the Attorney-General for India, the constitutional framework for conduct of the business of the Government of India, and the Prime Minister's duty to keep the President informed about Union administration and legislative proposals.
Article 76 - Attorney-General for India
Meaning and purpose. Article 76 creates the constitutional office of the Attorney-General for India, the principal legal adviser to the Government of India. The appointment is made by the President. The appointee must possess the qualifications required for appointment as a Judge of the Supreme Court.
What Article 76 provides
Clause (1): The President appoints a person qualified to be appointed a Judge of the Supreme Court as Attorney-General for India.
Clause (2): The Attorney-General advises the Government of India on legal matters, performs other legal duties referred or assigned by the President, and performs functions conferred by the Constitution or other law in force.
Clause (3): In performing the duties of office, the Attorney-General has a right of audience in all courts throughout India.
Clause (4): The Attorney-General holds office during the pleasure of the President and receives remuneration determined by the President.
The phrase "right of audience" means the constitutional entitlement of the Attorney-General, while performing official duties, to appear and be heard before courts throughout the territory of India. The expression "during the pleasure of the President" means that Article 76 does not prescribe a fixed constitutional term for the office.
For the authoritative constitutional text, see the Legislative Department - Constitution of India and India Code.
Article 77 - Conduct of business of the Government of India
Meaning and purpose. Article 77 sets the formal constitutional framework for Union executive action and for the internal transaction and allocation of Government of India business.
What Article 77 provides
Clause (1): Executive action of the Government of India is expressed to be taken in the name of the President.
Clause (2): Orders and other instruments made and executed in the President's name are authenticated in the manner specified by rules. Once duly authenticated, their validity cannot be challenged merely on the ground that they were not made or executed by the President.
Clause (3): The President makes rules for the more convenient transaction of Government of India business and for allocation of that business among Ministers.
Article 77(3) is the constitutional basis for the Government of India (Allocation of Business) Rules, 1961 and the Government of India (Transaction of Business) Rules, 1961. The Allocation of Business Rules distribute subjects among Ministries and Departments, while the Transaction of Business Rules prescribe the procedure through which government business and specified decisions are processed.
Article 78 - Duties of Prime Minister as respects furnishing information to the President
Meaning and purpose. Article 78 establishes a constitutional channel of communication between the Prime Minister and the President. It requires the Prime Minister to keep the President informed about decisions of the Council of Ministers and proposals for legislation.
Core duties under Article 78
Clause (a): The Prime Minister must communicate to the President decisions of the Council of Ministers relating to administration of Union affairs and proposals for legislation.
Clause (b): The Prime Minister must furnish information concerning administration of Union affairs and legislative proposals when the President calls for it.
Clause (c): If the President requires, the Prime Minister must place before the Council of Ministers a matter on which an individual Minister has taken a decision but which the Council has not considered.
Article 78 should be read in the broader constitutional setting of Articles 74 and 75, which concern the Council of Ministers, ministerial responsibility and the relationship between the President, Prime Minister and Council of Ministers.
How Articles 76, 77 and 78 work together
These provisions address different but connected parts of Union executive government. Article 76 provides constitutional legal advice through the Attorney-General. Article 77 provides the formal machinery for expressing, authenticating, allocating and transacting Union executive business. Article 78 ensures that the President receives constitutionally required information from the Prime Minister and may require specified matters to be placed before the Council of Ministers.
Official constitutional and government resources
The current constitutional text should be checked against official publications. The Legislative Department publishes the Constitution of India, while India Code provides central legal texts. The Cabinet Secretariat publishes the Allocation of Business Rules and Transaction of Business Rules made in connection with Article 77(3).
Constitution of India - Legislative Department
India Code - Government of India
Allocation of Business Rules - Cabinet Secretariat
Transaction of Business Rules - Cabinet Secretariat
Updated: 18 September 2026. This page is an explanatory legal information resource. For authoritative wording, refer to the official Constitution of India.