Article 75 of the Constitution

Article 75 of the Indian Constitution deals with the appointment, tenure, responsibilities, qualifications, and removal of the Prime Minister and other ministers. It ensures that the executive branch is accountable to the legislature, drawing inspiration from the British parliamentary system.

The key provisions of Article 75 include:

• •The President appoints the Prime Minister; other ministers are appointed by the President on the Prime Minister's advice.
• •The Council of Ministers is collectively responsible to the Lok Sabha.
• •Ministers hold office during the pleasure of the President.
• •The total number of ministers, including the Prime Minister, shall not exceed 15% of the total number of members of the Lok Sabha.
• •A member of either House of Parliament can be appointed as a minister. If not a member, they must become a member within six months.

In practice, Article 75 means that after a general election, the President invites the leader of the party with a majority in the Lok Sabha to become the Prime Minister. The Prime Minister then advises the President on who should be appointed as ministers. The Council of Ministers must maintain the confidence of the Lok Sabha to remain in power.

Article 75 is significant because it establishes the principle of parliamentary democracy where the executive (Council of Ministers) is accountable to the legislature (Lok Sabha). It ensures that the government has the confidence of the elected representatives of the people.

One challenge is ensuring effective collective responsibility. Sometimes, ministers may not fully agree with government policies, but they are still expected to publicly support them. Another challenge is the potential for instability if the government loses the confidence of the Lok Sabha.

Some experts suggest clarifying the grounds on which the President can remove a minister to prevent arbitrary actions. There are ongoing debates on the effectiveness of the 15% limit on the size of the Council of Ministers, with some arguing it restricts the Prime Minister's flexibility.

Important related articles include Article 74 (Council of Ministers to aid and advise President) and Article 164 (deals with ministers in states). The 91st Amendment Act, 2003 is also relevant as it introduced the 15% limit on the size of the Council of Ministers.

Article 75 deals with the appointment, tenure, responsibilities, qualifications, and removal of the Prime Minister and other ministers at the Union (Central) level. Article 164 deals with similar provisions for the Chief Minister and other ministers at the State level.

The most significant evolution was the introduction of the 15% limit on the size of the Council of Ministers through the 91st Amendment Act, 2003. This was done to reduce the size of cabinets and prevent political defections.

A common misconception is that the President has absolute discretion in appointing ministers. In reality, the President is bound by the advice of the Prime Minister in most cases.

Like many parliamentary democracies, India follows the principle of the executive being responsible to the legislature. The specific provisions, such as the 15% limit on the size of the Council of Ministers, may vary from country to country.

Frequently asked aspects include the appointment process of the Prime Minister, the collective responsibility of the Council of Ministers, the President's powers concerning ministers, and the 15% limit on the size of the Council of Ministers. Understand the relationship between Article 75 and the concept of parliamentary democracy.