Actual Article
Article 75: Other provisions as to Ministers
- 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.
- The Ministers shall hold office during the pleasure of the President.
- The Council of Ministers shall be collectively responsible to the House of the People.
- 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.
- 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.
- 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.
UPSC Notes for Article 75
Explanation:
- Appointment of Ministers: The President appoints the Prime Minister. Other ministers are appointed by the President on the advice of the Prime Minister.
- Tenure: Ministers serve at the pleasure of the President, meaning they can be dismissed by the President.
- Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha (House of the People).
- Oaths: Ministers must take the oaths of office and secrecy as prescribed in the Third Schedule before assuming their duties.
- Membership Requirement: A Minister must be a member of either House of Parliament. If a Minister is not a member for six consecutive months, they must resign.
- Salaries and Allowances: Determined by Parliament and specified in the Second Schedule until Parliament legislates otherwise.
Key Points:
- Executive Structure: Defines the process for the appointment and tenure of ministers, establishing the Prime Minister’s pivotal role in forming the Council of Ministers.
- Parliamentary Accountability: Ensures that the Council of Ministers is accountable to the Lok Sabha, reinforcing the principles of parliamentary democracy.
- Oath and Secrecy: Emphasizes the importance of oaths, ensuring ministers’ commitment to their duties and maintaining confidentiality.
- Membership Clause: Ensures that ministers are part of the legislative process, maintaining a direct link between the executive and legislature.
Important Cases and Commissions Related to Article 75
Cases:
- S.P. Anand vs. H.D. Deve Gowda (1996): The Supreme Court held that a person who is not a member of either House of Parliament can be appointed as Prime Minister, but they must become a member within six months.
- M.P. Special Police Establishment vs. State of Madhya Pradesh (2004): The Supreme Court discussed the doctrine of collective responsibility and its implications on ministerial accountability.
Commissions:
- Sarkaria Commission (1983): Examined Centre-State relations and provided insights into the functioning of the executive, including the role and appointment of ministers.
- Punchhi Commission (2010): Recommended enhancing the transparency and accountability of the Council of Ministers, focusing on collective responsibility and the process of ministerial appointments.
Previous Year Prelims Questions Related to Article 75
- (UPSC Prelims 2013) Which one of the following statements regarding the appointment of the Prime Minister of India is correct?
- A. The Prime Minister is appointed by the Lok Sabha
- B. The Prime Minister is appointed by the President
- C. The Prime Minister is elected by the Parliament
- D. The Prime Minister is elected by the majority party in the Lok Sabha Correct Answer: B. The Prime Minister is appointed by the President
- (UPSC Prelims 2018) Who among the following is responsible for the collective responsibility of the Council of Ministers to the Lok Sabha?
- A. President
- B. Prime Minister
- C. Speaker of the Lok Sabha
- D. None of the above Correct Answer: B. Prime Minister
Previous Year Mains Questions Related to Article 75
- Mains 2015: “Discuss the principle of collective responsibility as enshrined in Article 75 of the Indian Constitution. How does it ensure the accountability of the executive to the legislature?”
- Mains 2019: “Analyze the significance of the provision that a Minister must be a member of either House of Parliament within six months of appointment. How does this requirement strengthen the functioning of the parliamentary system in India?”
Additional Insights:
- Collective Responsibility: Article 75 underscores the principle of collective responsibility, which is central to the functioning of the parliamentary system. This ensures that all ministers are accountable as a group to the Lok Sabha, fostering unity and accountability within the executive.
- Prime Minister’s Role: The Prime Minister’s role as the head of the Council of Ministers is pivotal. The Prime Minister not only advises the President on ministerial appointments but also leads the executive branch, shaping government policy and administration.
- Legislative Link: By mandating that ministers must be members of Parliament, Article 75 ensures that the executive is directly accountable to the legislature, thus enhancing democratic governance and oversight.
Understanding Article 75 is crucial for UPSC aspirants as it provides foundational insights into the composition and functioning of the executive branch in India’s parliamentary democracy. This knowledge is vital for both preliminary and main examinations, offering a comprehensive understanding of executive-legislative relations and constitutional governance.