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PART V THE UNION · CHAPTER I.— THE EXECUTIVE · Council of Ministers

Article 75: Other provisions as to Ministers

The 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.

1[(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.

Footnotes in the official text

  1. 1.Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2 (w.e.f. 1-1-2004).

Questions on this article

16 questions in 33 of our papers cite Article 75. Try these from the free papers:

  1. 1. A no-confidence motion against the Council of Ministers can be moved only in which House?

  2. 2. Assertion (A): A person who is not a member of either House of Parliament may be appointed a Union Minister. Reason (R): Article 75(5) contemplates that a Minister may hold office without being a member of either House of Parliament, but only for a period not exceeding six consecutive months.

  3. 3. Consider the following statements: 1. Under Article 74(2), the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court. 2. Article 74(2) bars a court from examining the material on the basis of which the Council of Ministers tendered its advice. 3. The Council of Ministers is collectively responsible to the House of the People. Which of the statements given above is/are correct?

Practise questions on Constitutional Law