Article 75

Article 75 of the Constitution of India lays down the essential provisions relating to the appointment, tenure, responsibility, and functioning of the Council of Ministers, including the Prime Minister. Together with Articles 74 and 77, it forms the constitutional foundation of India’s executive branch, defining the relationship between the President, the Prime Minister, and the Council of Ministers in a parliamentary system of governance.

Constitutional Context and Purpose

Article 75 embodies the principle of collective responsibility and democratic accountability. While the President is the constitutional head of the Union, the real executive power is exercised by the Council of Ministers under the leadership of the Prime Minister. This arrangement reflects the Westminster model adopted by India, where the executive is accountable to the elected legislature.
The article ensures that executive power is derived from and answerable to the House of the People (Lok Sabha), upholding the spirit of parliamentary democracy and preventing concentration of authority in any single office.

Key Provisions of Article 75

The article consists of several clauses that collectively define the structure, authority, and responsibilities of the Union Council of Ministers.
1. Appointment of Ministers

• The Prime Minister is appointed by the President of India.
• The other Ministers are appointed by the President on the advice of the Prime Minister.This establishes the primacy of the Prime Minister in the formation of the Council of Ministers. The President’s role is formal, as the Constitution mandates that the President acts on the advice of the Prime Minister in ministerial appointments.

2. Composition of the Council of Ministers

• The total number of Ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha.
• This limitation was introduced by the 91st Constitutional Amendment Act, 2003, to prevent excessive expansion of the Council of Ministers and to promote administrative efficiency.

3. Tenure of Ministers

• Ministers hold office “during the pleasure of the President”, meaning that the President may remove a Minister on the advice of the Prime Minister.
• In practice, this ensures that the Prime Minister has the authority to recommend the appointment or removal of any Minister, maintaining cohesion and discipline within the Cabinet.

4. Collective Responsibility to the Lok Sabha

• The Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
• This principle means that the entire Council stands or falls together; if the Lok Sabha passes a vote of no confidence, all Ministers, including the Prime Minister, must resign.
• This provision ensures parliamentary accountability and reinforces the supremacy of the legislature in executive matters.

5. Oath of Office and Secrecy

• Before assuming office, every Minister must take the oath of office and secrecy, administered by the President of India, as prescribed in the Third Schedule of the Constitution.
• The oath obliges Ministers to uphold the Constitution, maintain secrecy in matters of State, and faithfully discharge their duties.

6. Membership Requirement

• A person who is appointed as a Minister but is not a member of either House of Parliament must become a member within six months.
• Failure to secure membership within this period results in automatic cessation from the ministerial position.This provision ensures that only those who enjoy the confidence of the legislature can hold executive office.

7. Disqualification of Ministers

• Ministers are subject to disqualification under paragraph 2 of the Tenth Schedule, which deals with anti-defection provisions.
• A Minister who is disqualified as a Member of Parliament ceases to hold ministerial office from the date of disqualification and remains ineligible until re-elected.

8. Salaries and Allowances

• The salaries and allowances of Ministers are determined by Parliament through legislation.
• Until Parliament enacts specific provisions, these are governed by the Second Schedule of the Constitution.This ensures that ministerial remuneration remains transparent and subject to parliamentary control.

Judicial Interpretation and Key Case Laws

The Supreme Court of India has clarified the interpretation of Article 75 in several landmark judgments:

• Keshavananda Bharati v. State of Kerala (1973):The Court established the basic structure doctrine, identifying parliamentary democracy and collective responsibility as inviolable elements of the Constitution.
• Indira Gandhi v. Raj Narain (1975):This case reaffirmed the rule of law and the accountability of Ministers, emphasising that executive actions are subject to constitutional and legal limits.
• Shivajirao Nilangekar Patil v. State of Maharashtra (1986):The Court elaborated on the collective responsibility of Ministers, highlighting that each Minister is jointly responsible for Cabinet decisions.
• Rameshwar Prasad v. Union of India (2006):The judgment discussed the implications of disqualification under the Tenth Schedule and clarified that constitutional morality demands transparency and accountability in ministerial appointments.

These rulings collectively ensure that ministerial powers are exercised within constitutional boundaries and that the Council of Ministers remains answerable to Parliament.

Related Constitutional Articles

Article 75 operates in close conjunction with several other provisions:

• Article 74: Mandates the Council of Ministers to aid and advise the President.
• Article 76: Provides for the office of the Attorney General of India, the government’s chief legal advisor.
• Article 77: Governs the conduct of business of the Government of India and formalises executive action in the President’s name.
• Article 164: Provides analogous provisions at the State level for the Council of Ministers headed by the Chief Minister.

Significance of Article 75

Article 75 serves as a cornerstone of India’s parliamentary democracy, ensuring the following:

• Democratic Accountability: Ministers are answerable to the legislature and, through it, to the people.
• Unity of the Executive: The Prime Minister acts as the central coordinating authority, ensuring cohesion in policymaking.
• Constitutional Responsibility: The collective responsibility principle ensures that all Ministers share equal accountability for government decisions.
• Separation of Powers with Checks and Balances: While the President is the formal head of the executive, real authority resides in the Council of Ministers, which is accountable to Parliament.

Practical Implications

In practice, Article 75 ensures that:

• The Prime Minister leads the executive branch, forming and reshaping the Cabinet as necessary.
• The Council of Ministers functions as a unified body, where decisions are made collectively and defended jointly.
• Ministerial tenure is dependent on political confidence, not presidential discretion.
• The Cabinet system of governance operates effectively through the principles of responsibility, secrecy, and cooperation.

Constitutional Amendments and Developments

While Article 75 itself has not been extensively amended, the 91st Constitutional Amendment Act (2003) introduced significant changes by:

• Limiting the size of the Council of Ministers to 15% of the Lok Sabha’s strength.
• Disqualifying defectors from holding ministerial office, thereby curbing political instability and unethical practices.

Conclusion

Article 75 forms the operational backbone of India’s executive governance, defining the powers, responsibilities, and accountability of Ministers. It embodies the principles of collective responsibility, democratic legitimacy, and ministerial accountability, ensuring that executive authority remains rooted in the will of the people.