Article 75 of the Indian Constitution deals with the appointment, tenure, responsibility, qualifications, oath, and salaries and allowances of the ministers. It is a pivotal article outlining the structure and functioning of the Union Executive, specifically the Council of Ministers headed by the Prime Minister.
While Article 75(1) specifies the appointment of the Prime Minister by the President and other ministers on the Prime Minister’s advice, Article 75(2) addresses the tenure of the ministers, introducing the concept of the ‘pleasure of the President’.
Original Text
“The Ministers shall hold office during the pleasure of the President.”
Detailed Explanation
Article 75(2) states that ministers serve “during the pleasure of the President”. This phrase, ‘pleasure of the President’, is derived from the English common law concept of the King’s pleasure (durante bene placito). Constitutionally, it means that a minister can be removed from office by the President at any time.
However, in the context of India’s parliamentary system, where the President is the de jure head and acts on the aid and advice of the Council of Ministers (headed by the Prime Minister) as per Article 74, the ‘pleasure of the President’ is not the President’s personal discretion. The President exercises this power of removal on the recommendation of the Prime Minister. Therefore, in practice, a minister holds office during the pleasure of the President, which in turn is determined by the Prime Minister’s confidence in the minister.
This provision gives the Prime Minister the effective power to recommend the dismissal of any minister from the Council of Ministers. The President is constitutionally bound to act on such advice. This individual responsibility of a minister towards the President (exercised on PM’s advice) is distinct from the collective responsibility of the Council of Ministers towards the Lok Sabha, as stipulated in Article 75(3). A minister can be removed by the President (on PM’s advice) even if the Council of Ministers as a whole still enjoys the confidence of the Lok Sabha.
Detailed Notes
- Article 75(2) states that Ministers hold office during the pleasure of the President.
- This constitutional provision means a minister can be removed from office by the President.
- The phrase “pleasure of the President” in India’s parliamentary system does not imply the President’s personal or absolute discretion.
- As per Article 74, the President acts on the aid and advice of the Council of Ministers headed by the Prime Minister.
- Therefore, the power to remove a minister under Article 75(2) is exercised by the President on the recommendation of the Prime Minister.
- In effect, a minister holds office at the pleasure of the President, which is contingent upon the confidence of the Prime Minister.
- The Prime Minister has the de facto power to recommend the dismissal of any minister.
- The President is constitutionally obliged to remove a minister if the Prime Minister advises it.
- This power highlights the individual responsibility of a minister to the head of the government (the Prime Minister, exercised via the President).
- This is distinct from the collective responsibility of the Council of Ministers to the Lok Sabha (Article 75(3)).
- A minister can be removed based on the Prime Minister’s assessment (e.g., loss of confidence, poor performance, misconduct) even if the Council collectively retains the Lok Sabha’s confidence.
- The Constitution does not specify explicit grounds for the withdrawal of the President’s pleasure (i.e., for a minister’s removal); it is based on the Prime Minister’s discretion.
- This provision strengthens the position of the Prime Minister relative to individual ministers in the cabinet.
Additional Comments
- The ‘pleasure doctrine’ is subject to judicial review in certain circumstances, though typically limited to ensure it’s not exercised malafide or in violation of constitutional provisions, especially concerning fundamental rights. However, the grounds for withdrawing pleasure by the PM are generally not justiciable.
- While the President removes a minister, this action is purely formal, executed upon the substantive decision and advice of the Prime Minister.
- Loss of collective confidence of the Lok Sabha results in the entire Council of Ministers resigning (Article 75(3)), whereas withdrawal of pleasure under Article 75(2) pertains to the removal of an individual minister.
Summary
Ministers in India hold office during the pleasure of the President, as stipulated by Article 75(2) of the Constitution. This power of removal is exercised by the President not personally, but on the binding aid and advice of the Prime Minister. Consequently, a minister’s tenure is effectively dependent on the confidence of the Prime Minister. This allows the Prime Minister to recommend the dismissal of any minister, asserting individual responsibility within the Council of Ministers, distinct from the collective responsibility owed to the Lok Sabha.