The power of the President of India to refer a matter back to the Council of Ministers for reconsideration was inserted in the Constitution by

The power of the President to refer a matter back to the Council of Ministers for reconsideration was inserted by the 44th Constitutional Amendment Act of 1978 [2]. Originally, Article 74(1) stated that the Council of Ministers would aid and advise the President [1]. The 42nd Amendment Act of 1976 made this advice explicitly binding on the President [3]. To balance this, the 44th Amendment, enacted by the Janata Party government, added a proviso to Article 74(1) [4]. This proviso authorizes the President to require the Council of Ministers to reconsider their advice, either generally or otherwise [3]. However, once the Council of Ministers tenders advice after such reconsideration, the President is constitutionally bound to act in accordance with it [4]. This amendment aimed to restore democratic checks while maintaining the parliamentary nature of the executive.

Sources

1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Indian President compared with American President and English Crown. > p. 232
2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > 200 ,yj' lndian Polity > p. 200
4. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210