Article 75 of the Indian Constitution deals with important provisions related to the Ministers of the Union Government, including their appointment, term of office, salaries, and collective responsibility. While other clauses of Article 75 detail how the Prime Minister is appointed by the President and other Ministers are appointed on the advice of the Prime Minister, Clause (5) lays down a crucial condition regarding the membership of Ministers in Parliament.
This particular clause is significant as it establishes a vital link between the executive and the legislature in India’s parliamentary system, ensuring that ministers, who are part of the executive, derive their legitimacy and accountability from the elected representatives of the people. It permits the inclusion of individuals with specialized expertise into the Council of Ministers even if they are not currently Members of Parliament, but mandates their entry into the legislature within a defined period.
Original Text
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.
Detailed Explanation
Article 75(5) embodies a fundamental principle of parliamentary democracy, which is the accountability of the executive to the legislature. It provides that a person can be appointed as a Minister, including the Prime Minister, even if they are not a member of either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States) at the time of appointment. However, this is subject to a strict condition: such a person must become a member of either House of Parliament within a period of six consecutive months from the date they assume office as a Minister.
The phrase “for any period of six consecutive months” is crucial. It means that if, at any point after becoming a Minister, a person remains a non-member of Parliament for six continuous months, they automatically lose their ministerial position at the end of that period. There is no requirement for a presidential order or any other formal process to remove them; the cessation of ministership is automatic upon the expiry of the six months.
This provision allows the Prime Minister flexibility in choosing the Council of Ministers, enabling them to induct experts or experienced individuals who may not have contested or won an election recently. However, the underlying principle is that for a minister to be effectively accountable to Parliament, they must eventually become a part of it. Membership can be secured either through election to the Lok Sabha or Rajya Sabha or through nomination to the Rajya Sabha (if the President nominates them under Article 80(3)).
Failure to secure a seat in either House within the stipulated six-month period results in the individual ceasing to be a Minister. They cannot be reappointed as a Minister immediately without first becoming a member of Parliament, thereby upholding the constitutional mandate.
Detailed Notes
- Article 75(5) is part of Part V of the Indian Constitution, dealing with the Union Executive.
- It applies to any Minister, including the Prime Minister.
- A person does not need to be a Member of Parliament (MP) at the time of being appointed as a Minister.
- If a Minister is not a member of either the Lok Sabha or the Rajya Sabha, they must become a member within six consecutive months of their appointment.
- The six-month period is calculated from the date the individual takes the oath of office as a Minister.
- Membership can be obtained by winning an election to the Lok Sabha or Rajya Sabha, or by being nominated to the Rajya Sabha.
- If a Minister fails to become a member of Parliament within the stipulated six months, they automatically cease to be a Minister.
- The cessation of ministership is automatic and does not require any formal order from the President or Prime Minister.
- This provision ensures accountability of the executive (Ministers) to the legislature (Parliament).
- It allows for inclusion of non-MPs in the ministry while maintaining the link between the Council of Ministers and Parliament.
Additional Comments
- This provision is a cornerstone of the parliamentary system in India, reinforcing the principle that the government is responsible to the elected body.
- The Supreme Court has interpreted this provision strictly, emphasizing the automatic nature of the cessation of ministership.
- There have been instances where individuals were appointed Ministers without being MPs and subsequently got elected or nominated within the six-month period (e.g., P.V. Narasimha Rao contested and won a by-election after becoming PM, Manmohan Singh was a member of Rajya Sabha).
- The provision prevents a government from being run indefinitely by Ministers who are not accountable to Parliament through membership.
- It balances the need for administrative flexibility with the democratic requirement of legislative control over the executive.
Summary
Any Minister, including the Prime Minister, who is not a member of either House of Parliament must acquire membership within six consecutive months of assuming office. Failure to do so results in the individual automatically ceasing to be a Minister upon the expiry of that six-month period. This rule ensures that the executive is ultimately accountable to the legislature in India’s parliamentary system.