What is Article 75 of Indian Constitution – Defination & Meaning

Article 75: Other provisions as to Ministers (1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the
📅 Part V – The Union
🏷️Active

📚 UPSC Relevant

Article Number

75

part

Part V – The Union

Status

Active

Bare Acts Text

Article 75: Other provisions as to Ministers

  • (1) 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.
  • (1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.
  • (1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
  • (2) The Ministers shall hold office during the pleasure of the President.
  • (3) The Council of Ministers shall be collectively responsible to the House of the People.
  • (4) 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.
  • (5) 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.
  • (6) 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.
READ ALSO  What is Article 32A of Indian Constitution - Defination & Meaning

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.

Related Articles

Picture of Pramod Pal Founder and Editor-in-Chief

Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
Scroll to Top