Article 75 of Constitution of India – Other provisions as to Ministers
Article 75 of Constitution of India deals with Other provisions as to Ministers
Original Text of Article 75 of Constitution of India
(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.
Questions related to Article 75 of Constitution of India
Article 75 lays down key provisions regarding the appointment, tenure, responsibilities, and salaries of Union Ministers, including the Prime Minister, under the Constitution of India.
The President appoints the Prime Minister, and other ministers are appointed on the advice of the Prime Minister, as per Article 75 of the Articles of Indian Constitution.
No, ministers hold office “during the pleasure of the President,” but this power is exercised on the advice of the Prime Minister, reflecting the parliamentary structure of the Indian Constitution.
As per Article 75(5), a minister who is not a member of either House of Parliament at the time of appointment must get elected within six months, or they cease to be a minister—a point often discussed on Indian Kanoon.
You can visit Indian Kanoon to explore judgments such as Shivraj Singh Chouhan v. Speaker, Madhya Pradesh, where the scope of ministerial appointments and confidence of the House were debated under the Constitution of India.
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