2.7.1. Forty-second Amendment of the Constitution, 1976

The amendment removed all doubts about the position of the President under the Indian Constitution. Art. 74 as amended, categorically provided that "there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall in exercise of his functions, act in accordance with such advice”. Under this Amendment, the President could not play the role of even an adviser or a guide.