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After the dissolution of the Lok Sabha
The council of ministers immediately ceases to hold office
The President continues to work as per the aid and advice of previous council of Ministers (CoM) until a new CoM is constituted
The President appoints an ad hoc Council of Ministers to advise him
No executive decisions can be taken until a new Lok Sabha and a new Council of Ministers has been constituted
In 1971, the Supreme Court held that even after the dissolution of the Lok Sabha, the council of ministers does not immediately cease to hold office. Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advice of the council of ministers. Any exercise of executive power without the aid and advice will be unconstitutional as being violative of Article 74. Such an advice is binding on President as it does under normal circumstances. They enjoy this power until new CoM is appointed after fresh elections. But when Lok Sabha is dissolved & the CoM loses its Confidence too, then the advice rendered by them to President is not binding.
By: Parvesh Mehta ProfileResourcesReport error
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