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Article 75 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 75 - Other provisions as to Ministers

Part of the Constitutional Article

Part V

Article 75 of Indian Constitution highlights the legal structure for the appointment, responsibilities and tenure of Ministers within the government. The provision provides the procedure for the appointment of the Prime Minister and other Ministers, their collective responsibility to the Lok Sabha and their independence in performing their responsibilities. Article 75 deals with ‘Other provisions as to Ministers’ and ensures the smooth functioning of the executive branch by maintaining accountability, promoting transparency and safeguarding the principles of democratic governance.

Interpretation of Article 75 of Indian Constitution

Article 75 of the Constitution states - “The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. The Ministers shall hold office during the pleasure of the President. The Council of Ministers shall be collectively responsible to the House of the People. Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister. The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.”

Article 75(1): Appointment of Ministers

According to Article 75(1), the President appoints the Prime Minister and on the advice of the Prime Minister, other Ministers are appointed. The provision ensures that while the executive power rests with the President, it is exercised by the Council of Ministers led by the Prime Minister.

  • Clause 1A: This provision was inserted by 91st Amendment Act, 2003. It states that the number of Ministers in the Council of Ministers (COM) including the Prime Minister must not exceed 15% of the total strength of the Lok Sabha.
  • Clause 1B: It outlines that individuals who are disqualified from being Members of Parliament due to defection cannot be appointed as Ministers irrespective of whether they are in the Lok Sabha or in the Rajya Sabha.

Article 75(2): Ministers Hold Office at the Pleasure of the President

According to Article 75(2), the Ministers shall hold office at the discretion of the President.

Article 75(3): Collective Responsibility

Article 75(3) deals with the concept of ‘Collective Responsibility’. According to the provision, it holds the Council of Ministers accountable to the Lok Sabha (House of People). It implies that all Ministers share responsibility for the decisions made by the government. The Prime Minister may ask for resignation if any Minister fails to uphold this principle.

Article 75(4): Independence of Ministers

Article 75(4) highlights the autonomy of Ministers in carrying out their responsibilities. The Ministers have the authority to make independent decisions within their areas of responsibility.

Article 75(5): Restrictions on Ministers

Article 75(5) imposes specific restrictions on the Ministers. A Minister who is not a member of either house of Parliament must become one within six months of their appointment or they will cease to hold the office.

Article 75(6): Resignation and Removal

Article 75(6) deals with the resignation and removal of the Ministers. A Minister can resign by submitting their resignation in writing to the Prime Minister who forwards it to the President for approval. The President may accept or reject the resignation.

Conclusion

Article 75 of Indian Constitution provides the appointment, responsibilities and tenure of Ministers. It states that the Ministers hold office at the President’s pleasure and are collectively responsible to the Lok Sabha and have the autonomy to make decisions within their portfolios.

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FAQs about Article 75 of Indian Constitution

Article 75 deals with other provisions as to Ministers.

Article 75 is mentioned under Part V of the Constitution of India.

The President appoints the Prime Minister and other Ministers are appointed by the President on the advice of the Prime Minister.

A Minister who is not a member of either house of Parliament must become a member within six months of their appointment or they will cease to hold office.

The Council of Ministers is collectively responsible to the Lok Sabha.

A Minister can be removed by the President on the advice of the Prime Minister.
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