Article 75 – Other Provisions as to Ministers

Article 75 of the Constitution of India deals with important provisions relating to the Union Council of Ministers. It covers the appointment of the Prime Minister and other Ministers, their tenure, collective responsibility, oath, qualifications, and the six-month rule for a person who is not a member of Parliament.

Article 75 should be read together with Article 74, which provides for the Council of Ministers to aid and advise the President.

Appointment of the Prime Minister and Ministers

Under Article 75(1), the Prime Minister is appointed by the President.

The other Ministers are appointed by the President on the advice of the Prime Minister.

This establishes the Prime Minister’s central role in forming the Union Council of Ministers.

The constitutional arrangement can be understood as:

President → appoints Prime Minister

Prime Minister → advises appointment of other Ministers

President → appoints other Ministers on that advice

Ministers Hold Office During the Pleasure of the President

Article 75(2) provides that the Ministers hold office during the pleasure of the President.

However, this provision must be understood within India’s parliamentary system.

The President does not ordinarily exercise this power independently of the political government. The Council of Ministers is headed by the Prime Minister, and the Prime Minister’s position is central to the continuation or removal of Ministers.

Therefore, the phrase “pleasure of the President” does not mean an unrestricted personal discretion of the President.

Collective Responsibility to Lok Sabha

Article 75(3) provides that the Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha).

This is one of the most important principles of India’s parliamentary system.

Collective responsibility means that the Council of Ministers functions as a team and remains accountable to the elected lower House.

If the Council loses the confidence of the Lok Sabha, the ministry as a whole is expected to resign.

Meaning of Collective Responsibility

Collective responsibility has several important aspects.

Common Responsibility

The Council of Ministers stands together before the Lok Sabha.

Cabinet Solidarity

Ministers are generally expected to support decisions of the government publicly.

Confidence of Lok Sabha

The government must retain the confidence of the Lok Sabha to remain in office.

Resignation of the Ministry

If the Council of Ministers loses a confidence vote, the ministry ordinarily resigns as a whole rather than individual Ministers continuing independently.

Oath of Office and Secrecy

Article 75(4) provides that before a Minister enters upon office, the President administers the oath of office and oath of secrecy according to the forms set out in the Third Schedule.

Therefore, a Union Minister must take:

• Oath of office
• Oath of secrecy

The oath is administered by the President or by a person appointed by the President for this purpose.

Six-Month Rule

Article 75(5) provides an important rule concerning membership of Parliament.

A person who is appointed as a Minister but is not a member of either House of Parliament for a continuous period of six months shall cease to be a Minister at the expiration of that period.

This allows a person who is not currently a Member of Parliament to become a Minister, but only temporarily unless the person becomes a member of Parliament within six months.

Example

Suppose a person who is not a Member of Parliament is appointed as a Union Minister.

That person can continue as a Minister for up to six months without being a member of either House.

However, if the person does not become a member of Parliament within that period, the person must cease to hold ministerial office.

Minister Can Be a Member of Either House

A Union Minister does not necessarily have to belong to the Lok Sabha.

A Minister may be a member of:

• Lok Sabha, or
• Rajya Sabha.

The Constitution therefore permits members of either House to serve as Union Ministers.

The Prime Minister can also belong to either House of Parliament.

Salaries and Allowances of Ministers

Article 75(6) provides that the salaries and allowances of Ministers shall be determined by Parliament by law.

Until Parliament makes such a law, the salaries and allowances are determined according to the provisions specified in the Second Schedule.

Article 75 and Article 74

Articles 74 and 75 are closely connected.

Article 74	Article 75
Council of Ministers aids and advises President	Other provisions concerning Ministers
Prime Minister heads the Council	Appointment of Prime Minister and other Ministers
Deals with ministerial advice	Deals with tenure, responsibility, oath and other matters
President acts according to advice	Council collectively responsible to Lok Sabha

Together, these Articles establish important elements of the Union parliamentary executive.

Article 75 and Article 53

Article 53 provides that the executive power of the Union is vested in the President.

Article 75 provides the constitutional framework concerning the Ministers who form the political executive responsible to Parliament.

Thus:

Article 53 → Union executive power vested in President

Article 75 → Constitutional provisions relating to Union Ministers

Article 75 and Article 77

Article 77 deals with the conduct of business of the Government of India.

Article 75 deals with the composition, responsibility and other constitutional conditions concerning Ministers.

Article 75 and Article 78

Article 78 specifies the duties of the Prime Minister in relation to the President.

The Prime Minister must, among other things:

• Communicate decisions of the Council of Ministers to the President;
• Furnish information relating to the administration of Union affairs;
• Submit certain matters for consideration of the Council of Ministers when required by the President.

Therefore:

Article 75 → Ministers and Council of Ministers

Article 78 → Duties of Prime Minister toward President

Ministerial Categories

The Constitution recognises the Council of Ministers but does not itself create separate constitutional offices of:

• Cabinet Minister
• Minister of State
• Deputy Minister

These categories are primarily matters of governmental practice and legislation rather than separate constitutional offices expressly established by Article 75.

The Constitution also uses the expression Council of Ministers, which is broader than the Cabinet.

Council of Ministers and Cabinet

The Council of Ministers consists of all Ministers.

The Cabinet is the smaller body consisting of senior Ministers that plays the central role in major governmental decision-making.

Article 75 deals constitutionally with the Council of Ministers, while the term “Cabinet” appears in other constitutional provisions, including Article 352.

Constitutional Limit on Size of Council of Ministers

The 91st Constitutional Amendment Act, 2003 introduced a significant limitation concerning the size of the Union Council of Ministers.

Article 75(1A) provides that the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total number of members of the House of the People.

This provision is intended to prevent an excessively large Council of Ministers.

Disqualification Under the Tenth Schedule

Article 75(1B), inserted by the 91st Constitutional Amendment, provides that a member of either House of Parliament belonging to a political party who is disqualified under paragraph 2 of the Tenth Schedule is also disqualified from being appointed as a Minister for the specified period.

This links ministerial appointment with the constitutional rules concerning defection.

Article 75 and the Anti-Defection Law

The relationship can therefore be understood as:

Tenth Schedule → Disqualification for defection

Article 75(1B) → Consequence for appointment as Union Minister

A person disqualified under the relevant anti-defection provisions cannot simply be appointed as a Union Minister during the constitutionally specified period.

Article 75 at a Glance

Point	Constitutional Position
Article	Article 75
Subject	Other provisions as to Ministers
Prime Minister appointed by	President
Other Ministers appointed by	President on advice of Prime Minister
Tenure	During pleasure of President
Collective responsibility	To Lok Sabha
Oath	Office and secrecy
Six-month rule	Non-MP Minister must become MP within six months
House membership	Minister may belong to either House
Maximum size	15% of Lok Sabha strength
Salary and allowances	Determined by Parliament by law
Anti-defection restriction	Article 75(1B)

Article 75 and the 91st Constitutional Amendment

The 91st Constitutional Amendment Act, 2003 made important changes to Article 75.

It introduced:

• Article 75(1A) — limits the size of the Union Council of Ministers to 15% of the total strength of the Lok Sabha.
• Article 75(1B) — restricts appointment as Minister of certain members disqualified under the anti-defection law.

These provisions were introduced as part of broader measures dealing with political defections and the size of ministries.

Is the Prime Minister Required to Be a Lok Sabha Member?

No.

The Prime Minister may be a member of either the Lok Sabha or Rajya Sabha.

However, the Prime Minister must satisfy the constitutional requirement of being a member of Parliament within the six-month period if appointed while not being a member of either House.

Can a Non-MP Become a Minister?

Yes.

A person who is not a member of either House of Parliament may be appointed as a Minister.

However, under Article 75(5), the person must become a member of either House within six months, otherwise the person ceases to be a Minister.

Is Collective Responsibility the Same as Individual Responsibility?

No.

Collective responsibility means the Council of Ministers as a whole is responsible to the Lok Sabha.

Individual ministerial responsibility concerns the position and conduct of an individual Minister.

Article 75 expressly provides for collective responsibility under Article 75(3).

Does “Pleasure of the President” Mean the President Can Remove Ministers at Will?

No.

The expression must be understood within the parliamentary system and alongside the Prime Minister’s constitutional position.

The President normally acts on the aid and advice of the Council of Ministers, and the Prime Minister plays the central role in determining the composition of the ministry.

Common Confusions

Who Appoints the Prime Minister?

The President appoints the Prime Minister.

Who Appoints Other Union Ministers?

The President appoints them on the advice of the Prime Minister.

To Whom Is the Council of Ministers Collectively Responsible?

The Lok Sabha.

Can a Rajya Sabha Member Become a Union Minister?

Yes.

A Union Minister may be a member of either House.

What Happens if a Minister Is Not an MP?

The person can remain a Minister for a maximum of six continuous months without being a member of Parliament. If the person does not become a member of either House within that period, the person ceases to be a Minister.

What Oaths Does a Minister Take?

A Minister takes the oath of office and oath of secrecy.

What Is the Maximum Size of the Union Council of Ministers?

It cannot exceed 15% of the total number of members of the Lok Sabha.

Quick Revision

• Article 75 → Other provisions as to Ministers.
• President appoints the Prime Minister.
• Other Ministers are appointed by the President on the advice of the Prime Minister.
• Ministers hold office during the pleasure of the President.
• Council of Ministers is collectively responsible to Lok Sabha.
• Ministers take the oath of office and secrecy.
• A non-MP Minister must become a member of either House within six months.
• A Minister may be a member of Lok Sabha or Rajya Sabha.
• Council of Ministers cannot exceed 15% of Lok Sabha’s total membership.
• Article 75(1A) and 75(1B) were inserted by the 91st Constitutional Amendment Act, 2003.
• Article 74 → Aid and advice to President.
• Article 78 → Duties of Prime Minister toward President.
• Article 75(3) → Collective responsibility to Lok Sabha.

Conclusion

Article 75 establishes the principal constitutional rules concerning the Union Council of Ministers. It provides for the appointment of the Prime Minister and other Ministers, collective responsibility to the Lok Sabha, ministerial oath, the six-month rule for non-members of Parliament, and the maximum size of the Council of Ministers.

The Article is central to understanding India’s parliamentary form of government, where the political executive is headed by the Prime Minister and remains collectively responsible to the elected House.

The key point to remember is:

Article 75 → Appointment, tenure, collective responsibility, oath, six-month membership rule and other constitutional provisions relating to Union Ministers.