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Article 75 of the Indian Constitution: Provisions as to Ministers

Part: V
Shorthand Notes: Ministers - Appointment (PM by President, others by President on PM's advice), Pleasure of President, Collective Responsibility (Lok Sabha), Oaths, Membership (within 6 months), Salary.

Article 75 of the Indian Constitution lays down crucial provisions regarding the appointment, tenure, responsibility, qualifications, and salaries of the Council of Ministers, headed by the Prime Minister. This article, along with Article 74, establishes the parliamentary system of government at the Union level, where the executive is responsible to the legislature.

It outlines the mechanism through which the Council of Ministers is formed and functions, highlighting the pivotal role of the Prime Minister and the collective accountability of the ministry to the elected representatives of the people in the Lok Sabha.

Original Text

75. (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.

(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.

Detailed Explanation

Article 75 provides the foundational framework for the composition and functioning of the Union Council of Ministers.

  • Clause (1): Appointment of Ministers: This clause states that the President appoints the Prime Minister. Following the Prime Minister’s appointment, the President appoints the other Ministers, but crucially, only on the advice of the Prime Minister. This establishes the Prime Minister’s central position in selecting the members of the Council of Ministers. While the President is the appointing authority, the choice of Ministers is effectively the Prime Minister’s prerogative.
  • Clause (2): Tenure of Ministers: This clause states that Ministers hold office during the “pleasure of the President”. In a parliamentary system, the President acts on the aid and advice of the Council of Ministers (Article 74). Therefore, the President’s ‘pleasure’ here is not personal. It generally means that a Minister can be removed by the President, but this is almost always done on the advice of the Prime Minister. Loss of confidence of the Lok Sabha in the Council of Ministers also results in the ministry’s downfall, which is formalized by the President withdrawing pleasure. This clause also underlies the principle of individual responsibility of Ministers to the President/Prime Minister.
  • Clause (3): Collective Responsibility: This is a cornerstone of the parliamentary system. It mandates that the Council of Ministers is collectively responsible to the House of the People (Lok Sabha). This means the entire Council of Ministers stands or falls together. If a no-confidence motion is passed against the government in the Lok Sabha, the entire ministry must resign. The decisions made by the Cabinet are binding on all Ministers, even if they disagree with them privately. This ensures the government presents a united front.
  • Clause (4): Oaths: Before assuming office, every Minister is required to take the oaths of office and secrecy. These oaths are administered by the President and are in the forms specified in the Third Schedule of the Constitution. The oath of office requires the Minister to bear true faith and allegiance to the Constitution, uphold the sovereignty and integrity of India, faithfully and conscientiously discharge duties, and do right to all manner of people in accordance with the Constitution and the law. The oath of secrecy requires the Minister not to directly or indirectly communicate or reveal to any person any matter brought under their consideration or which becomes known to them as a Minister of the Union, except as may be required for the due discharge of their duties.
  • Clause (5): Parliamentary Membership: This clause stipulates that a person appointed as a Minister must become a member of either House of Parliament (Lok Sabha or Rajya Sabha) within six consecutive months from the date of their appointment. If they fail to do so within this period, they cease to be a Minister at the expiration of those six months. This provision allows for the induction of experts or individuals not currently in Parliament into the ministry, while ensuring that the ministry remains accountable to the legislature by requiring them to gain entry into Parliament within a reasonable timeframe.
  • Clause (6): Salaries and Allowances: The salaries and allowances of the Ministers are determined by Parliament through law. Until such a law is enacted, their salaries and allowances are as specified in the Second Schedule of the Constitution. This provision brings the remuneration of Ministers under the legislative control of Parliament.

Detailed Notes

  • Article 75(1):
    • Prime Minister (PM) is appointed by the President.
    • Other Ministers are appointed by the President only on the advice of the PM.
    • Establishes PM’s leadership in forming the Council of Ministers.
  • Article 75(2):
    • Ministers hold office during the “pleasure of the President”.
    • This ‘pleasure’ is exercised on the advice of the PM or when the Council of Ministers loses the confidence of the Lok Sabha.
    • Underpins the principle of individual responsibility of Ministers.
  • Article 75(3):
    • The Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
    • This means the entire government must resign if it loses the confidence of the Lok Sabha.
    • Decisions of the Cabinet bind all Ministers.
  • Article 75(4):
    • President administers oaths of office and secrecy to Ministers before they take office.
    • Oaths are as per the forms set out in the Third Schedule.
  • Article 75(5):
    • A non-MP can be appointed as a Minister.
    • However, they must become a member of either House of Parliament within six consecutive months of appointment.
    • Failure to do so results in ceasing to be a Minister.
  • Article 75(6):
    • Parliament determines salaries and allowances of Ministers by law.
    • Until Parliament legislates, salaries and allowances are as per the Second Schedule.

Additional Comments

  • Article 75 operates in conjunction with Article 74, which states that there shall be a Council of Ministers with the Prime Minister as 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 ‘pleasure of the President’ in Article 75(2) is a constitutional power exercised on the advice of the Prime Minister or the Council of Ministers, not the President’s personal discretion, except perhaps in situations like the government losing majority and refusing to resign.
  • Collective responsibility (Article 75(3)) is the bedrock of the parliamentary system. It ensures ministerial accountability to the legislature. It means that all ministers are jointly responsible for the policies and actions of the government.
  • Individual responsibility (implicit in Article 75(2)) complements collective responsibility. A minister can be removed by the President on the advice of the PM for disagreement, inefficiency, or misconduct, even if the Council of Ministers retains the Lok Sabha’s confidence.
  • The six-month rule in Article 75(5) allows temporary appointments of non-MPs but ensures that ministers are ultimately drawn from or gain entry into the legislature, maintaining the link between the executive and legislature. Notable examples of Ministers appointed under this clause include Manmohan Singh in 1991 (initially not an MP when appointed Finance Minister) and S. Jaishankar in 2019.

Summary

Article 75 outlines key provisions concerning the Council of Ministers at the Union level. It establishes that the President appoints the Prime Minister and other Ministers on the Prime Minister’s recommendation. Ministers hold office at the pleasure of the President, which in practice means on the advice of the Prime Minister or as long as the ministry retains Lok Sabha confidence. A vital principle is the collective responsibility of the Council of Ministers to the Lok Sabha. The article also mandates that Ministers take oaths of office and secrecy administered by the President, requires that Ministers be or become members of Parliament within six months of appointment, and stipulates that their salaries and allowances are determined by Parliament.
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