The Article 75 of Indian constitution is about the provisions laid down for the Council of Ministers of the Legislature which is responsible for the executive functions of the Union.
Mentioned as Other provisions as to Ministers, it lays down provisions for the appointment, total number of ministers in the Legislature of Lok Sabha, responsibilities and allowance of the ministers. The Article 75 draws its definition and explanation from preceding Article 73 and 74.
Table of Contents
📜Article 73
The Article 73 of the Constitution lays down the provisions and extent of the Executive Power of the Union government. In the cause 1(a) of the article, it extends the executive power of the union government to enact laws made by the parliament.
In the Article 73 1(b), it relegates the exercise of such rights, authority and jurisdiction which are executable by the Government of India by virtue of any treaty or agreement, such as International treaties or any bi-lateral or multi-lateral agreements (such as Article 51 of DPSP and Article 253 on international agreements).
However, If any act or law through the provision of clause 1(a) involves matters of state legislature, such as listed under the State List, the central government shall not implement it in those areas unless through a Parliamentary provision or with the approval of the concerned state legislature.
On the other hand, the Articles 245 and 246 enable the parliament to enact laws for entire India on the subjects of Union and concurrent lists of schedule 7 and cannot be termed extra-territorial operation by a state legislature; and in any case, the state legislature makes similar law already, the union law shall supersede, also known as Doctrine of Repugnancy, is mentioned in Article 254, and in case the state legislature seeks to upheld its law, would require the president assent to it.
📜Article 74
The Article 74 mentions about Prime Minister and its Council of Ministers. India follows a Parliamentary form of central government headed by the Prime Minister, along with other ministers, who shall advice the President to implement a law made by the parliament into an act.
The Prime minister and its council form the union government and exercise the executive functions through their bureaucrats. The Prime Minister and council lead the Lok Sabha.
The President of India is the nominal head of the executive, also Head of the State, all bills and other executive functions are passed by the executive in the name of the president (Article 77), whereas the Prime Minister is the de-facto Head of the Executive, i.e. Head of the Government, who implement laws and policies for the people, and ‘usual’ Leader of the Lok Sabha. Usual because the PM can also appoint another member of Lok Sabha as the leader.
Article 74(1) states that the Prime Minister and its council shall advice the President, who shall, in the exercise of his functions, act in accordance with such advice.
The president may ask the council to reconsider their advices on bills, laws and policies, either generally or otherwise, and the President shall act in accordance with the advice after taken into reconsideration. This is called Suspensive Veto of the president under Article 111, in case of bills.
Article 74(2) states that such advices to the president shall not be inquired into in any court. Thus, not liable in the ambit of judiciary discourse.
The 42nd Amendment, 1976 made the advices binding to the President; however it was reverted in 44th Amendment, 1978 and reinstating the reconsideration power of the President on the advices.
🌐 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.
The Constitution itself does not prescribe a detailed procedure for the appointment of the Prime Minister. Article 75(1) merely states that the Prime Minister shall be appointed by the President, leaving much of the process to parliamentary conventions and political practice.
In a normal situation, the President is bound to appoint the leader of the party or coalition that has secured a majority in the Lok Sabha.
However, in cases where no single party secures an absolute majority, the President’s role becomes crucial. The Constitution empowers the President with limited discretion in such situations. The President may invite the leader of the largest party, the head of a pre-poll or post-poll coalition, or any leader who appears capable of proving majority support on the floor of the House, called Floor Test. Once appointed, the Prime Minister must demonstrate their majority through a vote of confidence within a stipulated time, generally within 30 days. If not, No-Confidence Motion is passed to prove the majority of the government.
For instance, in 1989, when no party obtained a clear majority, President R. Venkataraman invited V.P. Singh, the leader of the Janata Dal, who had secured support from other parties, to form the government.
Similarly, in 1996, President Shankar Dayal Sharma appointed Atal Bihari Vajpayee as Prime Minister, being the leader of the single largest party (BJP), though he later resigned after failing to prove majority support.
❇️ In case of President’s discretion on appointing the Prime Minister
Usually, President appoints Prime Minister among the members of parliament of the leading party, however it can appoint someone not belonging to either of the houses (See in the Article 75(5) below). And, can also use power to select and appoint someone as PM from the said party, still forming majority, when the current PM steps down or resigns due to unpopularity. Usually or otherwise, a care taker PM is appointed or fresh election is concluded after resignation.
For instance, in 1979, following the collapse of the Janata Party government, the PM Moraji Desai stepped down from the office. President Neelam Sanjiva Reddy appointed Charan Singh as Prime Minister as there was still a coalition majority.
Situations may also arise when the President uses personal judgment in choosing a Prime Minister if the serving Prime Minister dies unexpectedly and no clear successor is available.
A notable example occurred in 1984, when Indira Gandhi was assassinated. At that time, President Zail Singh directly appointed Rajiv Gandhi as Prime Minister, setting aside the usual practice of naming a caretaker leader. Soon after, the Congress Parliamentary Party unanimously endorsed Rajiv Gandhi as its leader.
❇️ The President on appointing the Council of Ministers
The Prime Minister advices the President who to appoint as minister for particular ministerial portfolios, who can be from either of the houses.
A PM can Select any person as minister who is either an Member of Parliament (MP) or has a capability of becoming a Member of Parliament. Means they may not have to be an MP at time of appointment but should become one within 6 months (See in the Article 75(5) below). Example, Manmohan Singh as Finance Minister in Narasimha Rao govt. in 1991. He was neither an elected or nominated (in Rajya Sabha under Article 80) member of parliament. After appointed as Finance Minister, he was elected from Assam in the Rajya Sabha to validate the Clause (5) of the Article 75.
💠 Article 75(1A)
The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of the total number of members of the House of the People (Lok Sabha).
This provision was added in the 91st Constitutional amendment, 2003.
Suppose, the total membership is 543 seats. Thus, the 15% of 543, which is 81 approximately, is number of total ministers allowed.
💠 Article 75(1B)
A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
This is the Anti-defection law included as the 52nd Amendment Act, 1989 in the 10th Schedule. Later, in 2003, the 91st Amendment Act amended the Anti-defection law of 10th Schedule and included in the constitution as the Article 57 (1B).
It simply states that a party member who changes their political party in which they contested and won a seat in the Parliament, if defects or changes party for benefits, shall lose their membership of the parliament and ministry until the expiry of their term in the parliament or they contest again in any election till they declared elected.
🌐 Article 75(2)
The Ministers shall hold office during the pleasure of the President.
Before assuming office, every minister, including the Prime Minister, is required to take the oath of office and secrecy, administered by the President.
The Prime Minister’s tenure is not fixed, even though the election takes place in every 5 years, he remains in office as long as he enjoys the confidence of the Lok Sabha and formally holds office at the pleasure of the President, which means he resigns to the president and if the president accepts the resignation he is bound to leave the office of the PM.
However, the President cannot remove the Prime Minister while he retains majority support in the House; but if the Prime Minister loses that confidence, he is obliged to resign, on which the President may dismiss him along with his council.
The President has the authority to dismiss a minister even when the Council of Ministers continues to enjoy the confidence of the Lok Sabha. However, such removal takes place only on the recommendation of the Prime Minister. If there is a disagreement or the Prime Minister is dissatisfied with a minister’s performance, he may request the minister’s resignation or advise the President to remove him from office. Thus, the PM has the superseding authority over the council.
🌐 Article 75(3)
The Council of Ministers shall be collectively responsible to the House of the People.
The Article 75(3) states that all ministers share collective responsibility, not just individually, to the Lok Sabha. They function as a team, they can collectively be censured through a Censure motion in the parliament and if a no-confidence motion is passed, the entire Council of Ministers must resign, including those who belong to the Rajya Sabha.
The Council may also recommend the dissolution and prorogation of the Lok Sabha if it feels the House no longer reflects the will of the people and seek fresh elections. However, if the Council itself has lost majority support after floor test, the President is not bound to accept this advice.
Each minister is also obligated to uphold and defend cabinet decisions both inside and outside Parliament. If a minister disagrees with a decision and is unwilling to support it, the only option is to resign. In the past, several ministers have stepped down due to differences with the cabinet.
Article 88 states that Every minister shall have the right to speak and take part in the proceeding of either House, any joint sitting of the House and any committee of Parliament of which he may be named a member. But he shall not be entitled to vote. A minister is only entitled to vote in the house they belong to, but can take part or appoint someone on behalf in any proceedings of both the houses.
Dissolution of the house means the closing of the lower house (Lok Sabha) for the term. Here the term ends irrevocably and has to start afresh after election. The President can only dissolve the lower house. After dissolution, all the bills, notices, motion or resolution pending in Lok Sabha lapses. Point to note that Rajya Sabha, also called Upper House or Council of States, is a permanent house and members are elected for fixed 6 years, hence it can not be dissolved.
Prorogation terminates a session of a term of the House. It is called by the President through a prorogation order and applied to both the houses. A prorogation only terminates a session, such as Monsoon, winter and budget session, it does not terminate the entire term of the house. Any bill or motion or resolution pending shall remain valid except for any notices pertained to discussion on bills or motion.
🌐 Article 75(4)
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.
Once a contestant is elected in the legislature and selected as PM or any minister on recommendation, they have to swear oaths of office and of secrecy administered by the President as he is the nominal head of the State, before assuming the office by the minister. This has to be done on the basis of the forms provided in the Third Schedule of the Constitution.
🌐 Article 75(5)
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.
A minister, including the Prime Minsiter, has to become a Member of Parliament (MP) of either house in six months, if they are appointed without being a member of either house. Otherwise, the person ceases to be a minister on failing to get elected or nominated to either of the two Houses in six continuous months.
Like already mentioned before, Dr. Manmohan Singh was not an MP when he was appointed as the Finance minister in Narsimha Rao government. He also was not an MP when he was appointed as the Prime Minister in 2004, until he was elected from Assam in Rajya Sabha.
A minister, including the PM, can be appointed from the Rajya Sabha, also called Upper House or Council of States, as well. For instance, the current Finance Minister (as of 2025) Smt. Nirmala Sitharaman and current Foreign Affairs ministers Sri. Subrahmanyam Jaishankar both have been appointed from Rajya Sabha. Prime Ministers, late smt. Indira Gandhi (1966), Shri. Deve Gowda (1996) and late Dr. Manmohan Singh (2004), were also members of the Rajya Sabha.
In 1997, in S. P. Anand vs. H. D. Deve Gowda, the Supreme Court held that a person who is not a member of either House of Parliament can be appointed as Prime Minister for six months, within which, he should become a member of either House of Parliament, otherwise he ceases to be the Prime Minister. HD Deve Gowda was not Prime Minister in 1996 despite not being a member of either the Lok Sabha or the Rajya Sabha at that time.
The Court highlighted that the oath administered to the Prime Minister under Article 75(4) is identical to that of any other minister. It further noted that Article 75 collectively outlines provisions related to ministers, without creating a distinct category for the Prime Minister.
One important point to note that a non-elected member appointed as a minister or a prime minister must conform to the conditions laid down in Article 84: Qualification for membership of Parliament and RPA Act, 1951, and must not fall under the disqualification grounds as mentioned in Article 102: Disqualifications for membership.
🌐 Article 75(6)
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.
All the remuneration and allowance shall be determined according to the rules specified in the Second Schedule.
⚜️ The Prime Minister in Article 75
The term Prime Minister originates from the French expression premier minister, referring to the chief aide of the king in administration. The position represents the highest political authority, with the Prime Minister functioning as the actual executive head (de facto executive) and leader of the government.
As mentioned before that the Prime Minister leads the Council and supresides the decision over council.
The Prime Minister has both legislative and executive functions. He is de-facto head of the executive and normally leads the Lok Sabha. He is representative of the government.
He has collective functions with council of ministers and president.
⚜️ The Prime Minister and Council of Ministers
- The Prime Minister proposes the individuals to be appointed as ministers. In selecting his colleagues, he takes into account the need to include prominent leaders of the party and ensures that different regions, states, and Union Territories are fairly represented in the Council of Ministers.
- The Prime Minister is responsible for distributing portfolios among ministers.
- As the head of the Council of Ministers, he presides over its meetings, shapes its decisions, and provides guidance, direction, and coordination to the ministers.
- He can periodically review the allocation of responsibilities to ensure they remain effective and can also re-shuffle the cabinet as well as the council of ministers. Cabinet ministry is inner body within the Council of Ministers and contain important and core portfolios.
- In case of disagreement, he may ask a minister to step down or recommend their dismissal to the President. Moreover, his own resignation leads to the dissolution of the entire Council of Ministers.
If the Prime Minister resigns or dies the entire ministry dissolves or dissolutes. The president appoints a care taker PM from the majority party until next election is conducted or a full-term PM of proven majority by confidence motion.
⚜️ The Prime Minister and the President (Article 78)
It is the responsibility of the Prime Minister to:
- Inform the President about all decisions of the Council of Ministers concerning the Union’s administration and legislative proposals. The Article 78 states the President has the right to be informed on all the matters of the executive relegated by the council of Ministers.
- Provide any information related to these matters whenever the President requests it; and
- Place before the Council of Ministers, if required by the President, any issue decided by an individual minister but not yet discussed by the Council.
- The Prime Minister acts as the main channel of communication between the President and the Council of Ministers, keeping the President informed about all decisions of the Council concerning Union administration and legislative proposals.
- He provides the President with any information related to these matters as requested. If required by the President, he also places before the Council of Ministers any issue decided by an individual minister but not yet discussed collectively.
- In addition, the Prime Minister advises the President on the appointment of key constitutional functionaries such as the Attorney General of India, the Comptroller and Auditor General, members and chairpersons of the UPSC, the Election Commission, and the Finance Commission.
✅Other functions of the Prime Minister
- The Prime Minister serves as the Chairperson of bodies like NITI Aayog, the National Development Council, the National Integration Council, the Inter-State Council, the National Water Resources Council, most of Cabinet Committees, National Tiger Conservation Authority, National Crisis Management Committee, etc.
- He acts as the chief spokesperson of the Union government and takes the lead in managing political crises during emergencies.
- He also interacts with people across different states, receiving petitions and representations concerning their issues.
- He serves as head representative of India in major multinational forums and international organisations.
💠Council of Ministers
By formal understanding, ministers are divided into three categories.
🔰 1. Cabinet Ministers
The Cabinet is the core group within the Council of Ministers. Its members, known as Cabinet Ministers, are senior and experienced leaders who handle key portfolios such as Home, Finance, Defence, Agriculture, and External Affairs. Their strength usually ranges between 15 and 20. Each Cabinet Minister heads a ministry independently unless appointed as a minister without portfolio (in some cases), and participates in Cabinet meetings in their own right. They are often supported by Ministers of State or Deputy Ministers.
Although the Constitution refers only to the Council of Ministers and does not specifically mention the Cabinet, in practice the Cabinet functions as its inner circle. Cabinet Ministers are permanent participants, while a Minister of State may attend when issues related to his department are discussed. The Cabinet is responsible for formulating major policies, and its decisions are binding on all ministers. The various government departments implement these decisions by administering existing laws or preparing proposals for new legislation to be enacted by Parliament.
The cabinet Ministers form the different Cabinet Committees.
🔰 2. Kitchen Cabinet
The Kitchen Cabinet is considered the real center of power. It is an informal group made up of the Prime Minister and a few trusted colleagues, usually two to four, who can freely discuss any issue with him. This body advises the Prime Minister on key political and administrative matters and helps in shaping major decisions. Apart from Cabinet Ministers, it may also include outsiders such as the Prime Minister’s close friends or family members. It is cabinet within the cabinet.
Prime Ministers often rely on this extra-constitutional body because of its advantages:
- Being a small group, it is more efficient and quicker in decision-making compared to the larger Cabinet.
- It can convene more frequently and handle matters with greater speed.
- It enables the Prime Minister to maintain secrecy while dealing with sensitive political issues.
However, the Inner Cabinet also has certain drawbacks:
- It undermines the authority and prestige of the Cabinet as the supreme decision-making body.
- It bypasses the constitutional process by allowing individuals outside the government to exert significant influence on decision-making.
This Kitchen cabinet system is unique to Indian Political system as no other Country has such provision.
🔰 3. Minister of State
A Minister of State assists a Cabinet Minister in managing it. They do not have independent charge of any ministry and work as junior ministers and report to the cabinet on their day-to-day tasks. Their role is to share workload, handle delegated responsibilities, answer parliamentary questions, and represent the ministry when needed. They cannot attend Cabinet meetings unless specifically invited. They are considered an entry-level position in the Council of Ministers, often given to new or younger leaders. Ministers of State are expected to demonstrate ability, competence, and integrity, and based on their performance, they may eventually be elevated to the Cabinet.
🔆 Minister of State (Independent charge)
A minister of State may have independent charges. They are allotted with sub-ministries, forming separate ministry which are not part of the cabinet. They head the assigned ministry independently, without being under a Cabinet Minister. They are directly responsible for their ministry and report to the Prime Minister. They are not permanent members of the Cabinet, but can be invited to Cabinet meetings when matters concerning their ministry are discussed. Usually assigned smaller or less politically sensitive ministries (such as, Youth Affairs, Skill Development, Tourism, Culture). They are observed as a testing ground for future Cabinet Ministers.
⚛️ Collective responsibility article 75
The Article 75(3) states about the Collective Responsibilty wherein the Council of Ministers is not individually accountable but collectively responsible to the Lok Sabha or the Lower house.
⚛️ Vote on no-confidence meaning
The Article 75(3) mentions about the collective responsibility of the ministers in the lower house or House of People. A no-confidence is passed when the government fails to perform its function or dwindling in leading the house as mojority. Even though, the term No-Confidence Motion is not mentioned anywhere in the Constitution nor does it lay any provision to pass one.
It requires 50-member support before passed as a motion for voting in the Lower house. It can only be passed in the Lower House.
Once the resolution passed on voting, the council of Ministers has to resign.
⚛️ When no-confidence motion can be passed in
A no confidence Motion can be passed when
- the government (PM and the Concil of ministers) is challenged to prove majority in the Lok Sabha also called Lower House or House of People.
- When Motion of Thanks is not passes or voted against.
- When Money bill is not passed (Cut motion is passed against Demand for Grants or Appropriation bill is not passed).
⚛️ Vote on no-confidence under Article 75
The procedure of No-confidence Motion is not part of the Constitution and it is only provided in the Rules of Procedure and Conduct of the Business in the Lok Sabha. However, the collective responsibility of the Council of Ministers under Article 75(3) also make it accountable to prove confidence or majority in the Lower House, otherwise No-confidence shall be passed.