Article 75(1) is a foundational provision within the Indian Constitution that establishes the mechanism for the appointment of the Head of Government, the Prime Minister, and the members of the Council of Ministers. Located within Part V, which deals with the Union Executive, this article outlines the formal process through which the President exercises the crucial function of constituting the executive branch of the government at the central level.
This clause highlights the relationship between the President, who is the constitutional head, and the Prime Minister, who is the real head of the government, underscoring the parliamentary form of democracy adopted by India, where the executive is collectively responsible to the legislature. It lays down the initial step in forming the Union Council of Ministers, which is tasked with aiding and advising the President in the exercise of his functions.
Original Text
- 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.
Detailed Explanation
Article 75(1) succinctly lays down the procedure for appointing the Prime Minister and the other members of the Council of Ministers. It vests the power of appointment of both the Prime Minister and other Ministers in the President of India.
Firstly, it states that “The Prime Minister shall be appointed by the President”. While the Constitution formally grants the President the power to appoint the Prime Minister, the exercise of this power is guided by established constitutional conventions of parliamentary democracy, inherited from the British Westminster system. According to this convention, the President is expected to appoint the leader of the political party or coalition of parties that commands a majority in the House of the People (Lok Sabha) as the Prime Minister. In situations where no single party or pre-poll coalition secures a clear majority, the President may exercise some discretion in inviting a leader who, in his judgment, is most likely to form a stable government and prove his majority on the floor of the House. However, once a leader demonstrates majority support, the President’s role becomes formal, and they are bound by convention to appoint that leader as Prime Minister.
Secondly, Article 75(1) states that “the other Ministers shall be appointed by the President on the advice of the Prime Minister”. This part of the article is critical as it firmly establishes the Prime Minister’s central position in the formation of the Council of Ministers. The President does not choose the other Ministers on his own; rather, he appoints only those individuals whom the Prime Minister recommends. The Prime Minister has the sole discretion to select the members of his Council of Ministers, determine their size, and allocate portfolios among them. The President is constitutionally obligated to follow the advice of the Prime Minister in these appointments. This provision reinforces the principle of collective responsibility of the Council of Ministers to the Lok Sabha, as the team is formed and headed by the leader who enjoys the confidence of the House.
Together, these two parts of Article 75(1) illustrate the President’s role as the constitutional head performing formal functions and the Prime Minister’s role as the actual executive head who leads the government and selects his team, operating within the framework of parliamentary accountability.
Detailed Notes
- Article 75(1) specifies the method of appointing the Prime Minister and other Ministers.
- The President appoints the Prime Minister.
- By convention, the President appoints the leader of the majority party or coalition in the Lok Sabha as the Prime Minister.
- In case of a hung Parliament, the President may use discretion in inviting a leader likely to form a stable government, but this discretion is limited and guided by the need to ensure majority support in the Lok Sabha.
- The President appoints other Ministers.
- The appointment of other Ministers is done only on the advice of the Prime Minister.
- The Prime Minister has the power to choose who will be part of the Council of Ministers and what portfolios they will hold.
- The President is bound by the advice of the Prime Minister when appointing other Ministers.
- This article establishes the formal appointment process consistent with India’s parliamentary system.
- It underscores the Prime Minister’s position as the head of government and the leader of the Council of Ministers.
Additional Comments
- Article 75(1) must be read in conjunction with Article 74(1), which states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, and the President shall act in accordance with such advice (after the 42nd and 44th Amendments).
- The “advice” of the Prime Minister mentioned in 75(1) for appointing other ministers is binding on the President.
- The process outlined in 75(1) is a formal recognition of the political reality of a parliamentary system where the person commanding legislative majority leads the executive.
- While the President has formal power, the substantive power in forming the government structure lies with the Prime Minister who commands the confidence of the Lok Sabha.
Summary
The President of India appoints the Prime Minister. The President also appoints other Ministers, but crucially, only on the recommendation of the Prime Minister. This provision formalizes the process of constituting the Union’s executive government, highlighting the central role of the Prime Minister, who is typically the leader of the majority party or coalition in the Lok Sabha and selects the members of the Council of Ministers who will serve under him. The President’s role in appointing other Ministers is thus guided by the Prime Minister’s advice, reflecting the parliamentary structure of government in India.