Part V - The Union • Article

Article 75 Simplified: Other provisions as to Ministers

Article 75 is the 'Power Key' for the government. It explains how the Prime Minister is chosen by the President and how the PM then builds their team of Ministers to run the country.

Official Text

(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. [(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.

Simple Meaning

Article 75 is the 'Power Key' for the government. It explains how the Prime Minister is chosen by the President and how the PM then builds their team of Ministers to run the country.

Explain Like Ten

It's like a sports team. The Captain (PM) is picked, then the Captain picks the players (Ministers). If the team loses the trust of the league, they all go home together.

Student Mode

Governs the appointment of PM and Council of Ministers. Establishes the principle of 'Collective Responsibility' to the Lok Sabha.

Example

After a General Election, the President invites the leader of the majority party to be the Prime Minister under Article 75.

Key Takeaway

Article 75 ensures that the Prime Minister is the real leader of the country's administration.

FAQs

Who appoints the PM?

The President of India appoints the leader of the party with a majority in the Lok Sabha.

What is collective responsibility?

It means the entire Ministry is responsible to the Parliament; if a No-Confidence Motion passes, the entire cabinet must resign.

Can a non-MP be a minister?

Yes, but they must become an MP (either Lok Sabha or Rajya Sabha) within 6 months of being appointed.

Who decides the salaries of ministers?

Parliament determines the salaries and allowances of ministers through law.

Quiz

Who advises the President on picking ministers?

Answer: PM

To which house is the Council of Ministers responsible?

Answer: Lok Sabha

What happens if a No-Confidence motion passes?

Answer: Cabinet resigns

Within how many months must a non-MP minister get elected?

Answer: 6