A Comprehensive Guide to Article 75 of the Indian Constitution

Introduction

Article 75 of the Indian Constitution governs the appointment, tenure, and responsibilities of the Prime Minister and the Council of Ministers. It establishes the framework for executive authority in the parliamentary system, ensuring that the government functions efficiently and remains accountable to the legislature.

Understanding Article 75

Article 75 lays down key provisions regarding the functioning of the Union executive. The provision states:

Text of Article 75:

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.
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 (Lok Sabha).
4. The President shall administer the oaths of office and secrecy to the Prime Minister and other Ministers before they assume office.
5. The salaries and allowances of Ministers shall be determined by Parliament.

Key Features of Article 75

1. Appointment of the Prime Minister: The President appoints the Prime Minister, who is usually the leader of the majority party in the Lok Sabha.
2. Council of Ministers: Other ministers are appointed by the President based on the Prime Minister’s advice.
3. Tenure at the President’s Pleasure: While ministers technically hold office at the pleasure of the President, in practice, they continue as long as they have the confidence of the Lok Sabha.
4. Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha, meaning that if the Lok Sabha passes a vote of no confidence, the entire Council, including the Prime Minister, must resign.
5. Oath of Office and Secrecy: Ministers must take an oath before assuming office, as per the Third Schedule of the Constitution.
6. Determination of Salaries: Parliament determines the salaries and allowances of ministers, ensuring transparency and accountability.

Importance of Article 75

• Ensures Parliamentary Democracy: By mandating collective responsibility, Article 75 ensures that the executive remains accountable to the legislature.
• Prevents Arbitrary Dismissal: Although ministers serve at the President’s pleasure, they cannot be removed arbitrarily, as they must have the support of the Lok Sabha.
• Strengthens Executive Authority: The Prime Minister, as the head of the Council of Ministers, plays a central role in governance and decision-making.

Judicial Interpretation and Landmark Cases

Several landmark cases have shaped the interpretation of Article 75:

1. Shamsher Singh v. State of Punjab (1974): The Supreme Court held that the President must act on the advice of the Council of Ministers in exercising executive powers.
2. S.R. Bommai v. Union of India (1994): The Court reinforced the principle of collective responsibility and emphasized that the executive must have the confidence of the legislature.
3. K.M. Sharma v. Devi Lal (1990): The Court clarified that ministerial appointments must adhere to constitutional provisions and cannot be arbitrary.

Comparison with Related Articles

• Article 74: Deals with the role of the Council of Ministers in advising the President.
• Article 77: Specifies how the government’s business is conducted in the name of the President.
• Article 78: Defines the duties of the Prime Minister regarding communication with the President.

Conclusion

Article 75 plays a crucial role in defining the executive structure of India’s parliamentary democracy. It ensures that the Prime Minister and Council of Ministers function within constitutional limits while maintaining accountability to the legislature. By balancing executive authority with legislative oversight, Article 75 upholds the democratic framework of governance in India.