Article 75 of Indian Constitution

Article 75 of Indian Constitution – Explains the appointment of Ministers and their responsi… Learn definition, status, related articles, UPSC relevance.
📅 Part VI – The States
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📚 UPSC Relevant

Article Number

75

part

Part VI – The States

Status

Active

Full Definition & Explanation

Article 75 of the Indian Constitution outlines the provisions related to the appointment and responsibilities of Ministers in the government. The President appoints the Prime Minister, who then advises on the appointment of other Ministers. This structure ensures a direct link between the executive branch and the legislature, allowing for a government that reflects the will of the elected representatives. The Prime Minister’s role is central, as they guide the executive decisions and policies of the government.

Another key aspect of Article 75 is the collective responsibility of the Council of Ministers to the House of the People, or Lok Sabha. This means that if the Lok Sabha passes a no-confidence motion against the government, all Ministers, including the Prime Minister, must resign. This provision ensures accountability, as Ministers cannot act independently without the support of the majority in the Lok Sabha. It reinforces the principle that the government derives its authority from the elected representatives.

Additionally, Article 75 sets certain conditions regarding the disqualification of Ministers. If a member of Parliament is disqualified under the Tenth Schedule, such as for defection, they cannot serve as a Minister. This clause helps maintain integrity within the government and prevents individuals who do not have a mandate from the electorate from holding executive power. Overall, Article 75 is pivotal in defining the operational dynamics of the Indian government, impacting how citizens experience governance and accountability.

Historical Context

Article 75 was included in the Constitution when it was adopted in 1950. During the Constituent Assembly debates, discussions centered on the need for accountability in governance and the relationship between the Prime Minister and Parliament. Members sought to ensure that the Prime Minister and the Cabinet would be responsible to the elected representatives. The article has been interpreted in landmark Supreme Court cases, such as Kihoto Hollohan v. Zachillhu, which underscored the importance of disqualification rules under the Tenth Schedule. The 91st Amendment Act of 2003 further refined Article 75, limiting the number of Ministers to 15% of Lok Sabha members to enhance accountability and prevent excessive appointments.

Key Features

– The President appoints the Prime Minister and other Ministers based on their advice.
– The total number of Ministers cannot exceed 15% of Lok Sabha members.
– Ministers must take an oath before assuming office as mandated by the Constitution.
– The Council of Ministers is collectively responsible to the Lok Sabha.
– A Minister ceases to hold office if not a member of Parliament for six months.

Importance & Impact

– The Prime Minister plays a key role in forming the government effectively.
– The principle of collective responsibility makes the government accountable to the Lok Sabha.
– Disqualification provisions ensure that only eligible members can serve as Ministers.
– The political strength of parties impacts the appointments of Ministers significantly.
– Taking oaths of office reflects a Minister’s commitment to uphold the Constitution.

Sample UPSC Question

Which of the following statements regarding Article 75 of the Indian Constitution is correct? A) The Prime Minister is elected directly by the people. B) Ministers hold office during the pleasure of the President. C) The total number of Ministers can exceed 15% of Lok Sabha members. D) A Minister can remain in office without being a member of Parliament. Choose the correct option and provide a detailed explanation of your choice based on the provisions of Article 75 and its implications in governance.

Answer

The correct answer is B. Article 75 states that Ministers hold office during the pleasure of the President, meaning they serve at the President’s discretion. This ensures that the President can dismiss Ministers if needed to maintain a functional government. Options A and D are incorrect because the Prime Minister is not directly elected by the public, and a Minister must be a member of Parliament to hold office. Option C misinterprets the limitation on the number of Ministers.

Key Takeaways

✓ The President appoints the Prime Minister and other Ministers.
✓ Ministers must be members of the Parliament to hold office.
✓ The Council of Ministers is collectively responsible to the Lok Sabha.
✓ Disqualified members cannot serve as Ministers during their disqualification.
✓ Oaths of office are required for all Ministers before assuming their roles.

FAQs

Article 75 states that the President appoints the Prime Minister. The Prime Minister is usually the leader of the party that has the majority in the Lok Sabha. This process ensures that the executive branch is aligned with the elected representatives’ will. After the Prime Minister is appointed, they advise the President on appointing other Ministers, creating a functional government.

Article 75 mandates collective responsibility of the Council of Ministers to the Lok Sabha. If the Lok Sabha passes a no-confidence motion, the entire Council of Ministers must resign. This rule reinforces the connection between the government and the elected representatives, ensuring that the Ministers remain accountable to the will of the people.

If a Minister is disqualified under the Tenth Schedule, they cannot hold office. This disqualification lasts until their term expires or they are re-elected. This rule is necessary for maintaining the integrity of the government and ensures that only those with a mandate from the electorate can exercise executive power.

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Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
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