Article 75

Background and evolution

India adopted the British model of cabinet government, in which the real executive is a Council of Ministers drawn from and answerable to the legislature, while the head of state acts mostly on its advice. Article 74 creates the Council to aid and advise the President, and Article 75 deals with appointment, tenure, responsibility and other details.

Several rules were added over time. The 91st Amendment of 2003 capped the total number of ministers, including the Prime Minister, at 15% of the total strength of the Lok Sabha, after large ministries were formed to reward allies and defectors. It also barred a legislator disqualified for defection from being appointed a minister until re-elected (clause (1B)).

Key features and provisions

• Appointment (75(1)): the President appoints the Prime Minister and, on the PM's advice, other ministers. In practice, the President invites the leader of the majority party or coalition.
• Size (75(1A)): not more than 15% of the Lok Sabha's total membership.
• Defectors (75(1B)): a member disqualified under the Tenth Schedule cannot be a minister until re-elected.
• Tenure (75(2)): ministers hold office during the President's pleasure, which in practice means while they have the PM's confidence.
• Collective responsibility (75(3)): the Council of Ministers is collectively responsible to the Lok Sabha; a no-confidence vote brings down the whole government.
• Oath (75(4)): ministers take oaths of office and secrecy, as set out in the Third Schedule.
• Non-members (75(5)): a person who is not an MP can be a minister for six months, after which they must become a member.
• Salaries (75(6)): determined by Parliament.