Other provisions as to Ministers
Article 75 — Other provisions as to Ministers
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. The Attorney-General for India
Plain English Summary
This article explains how Ministers are appointed and what their responsibilities are in the government. The Prime Minister advises the President on who should be appointed as a Minister, and the Council of Ministers must answer to the Parliament.
Key Points
- Ministers are appointed by the President based on the advice of the Prime Minister.
- The total number of Ministers (including the Prime Minister) cannot exceed 15% of the total members in the House of the People.
- Ministers hold office during the pleasure of the President.
- The Council of Ministers is collectively responsible to the House of the People (meaning they must maintain the confidence of the elected representatives).
Why It Matters
This article establishes the framework for the executive branch, ensuring that the government ministers are accountable to the elected body (Parliament) and are appointed according to constitutional limits.
Landmark Judgements
No major landmark judgements.