Other Provisions as to Ministers (Article 75)
Indian Polity › Prime Minister and Council of Ministers · Topic 15.3
Article 75 provides for the appointment by the President on the PM’s advice, pleasure tenure, collective responsibility to the Lok Sabha, a 15% size cap and defector bar (91st Amendment), the six-month rule for non-members, oaths and salaries.
5 min read · UPSC Prelims · Polity · Prime Minister and Council of Ministers
At a Glance
- What it is Rules on appointment, tenure, number, oath and pay of ministers
- Article Article 75, with Articles 77, 78 and 88
- Size cap 15% of the Lok Sabha strength (91st Amendment, 2003)
- Defection Disqualified legislators barred from ministership
- Exam link UPSC Prelims, Polity: Prime Minister and Council of Ministers
Where Does It Fit?
This is the third topic of the category on the Prime Minister and Council of Ministers. Article 75 deals with the appointment, tenure, responsibility, qualification, oath and salaries of ministers.
The Eight Clauses of Article 75
- The Prime Minister shall be appointed by the President and the other ministers on the Prime Minister’s advice.
- The total number of ministers, including the Prime Minister, shall not exceed 15% of the total strength of the Lok Sabha (91st Amendment Act, 2003).
- A member of either House belonging to a political party who is disqualified on the ground of defection is also disqualified to be appointed a minister (91st Amendment, 2003).
- Ministers hold office during the pleasure of the President.
- The council of ministers is collectively responsible to the Lok Sabha.
- The President administers the oaths of office and secrecy.
- A minister who is not a member of Parliament for any period of six consecutive months ceases to be a minister.
- Salaries and allowances are determined by Parliament.
Appointment and Non-Member Ministers
The President can appoint only those persons as ministers who are recommended by the Prime Minister. Usually members of either House are appointed. A person who is not a member of either House can also be appointed, but must become a member by election or nomination within six months, or cease to be a minister. A minister who is a member of one House has the right to speak and take part in the proceedings of the other House, but can vote only in the House of which he or she is a member (Article 88).
Oath, Salary and the Deputy Prime Minister
The oath of office is the same as the Prime Minister’s: true faith and allegiance to the Constitution, to uphold the sovereignty and integrity of India, to faithfully and conscientiously discharge the duties, and to do right to all manner of people without fear or favour, affection or ill will. The oath of secrecy binds the minister not to reveal any matter that comes under consideration except as required for duties. In 1990 the oath of Devi Lal as Deputy Prime Minister was challenged as unconstitutional because the Constitution provides only for the Prime Minister and ministers. The Supreme Court upheld the oath, saying that describing a person as Deputy Prime Minister is only descriptive and does not confer the powers of the Prime Minister; the oath is not vitiated so long as its substantive part is correct. The same reasoning applies to ministers of state and deputy ministers, designations also absent from the Constitution.
A minister gets the salary and allowances of a member of Parliament plus a sumptuary allowance according to rank, free accommodation, travelling allowance and medical facilities. In 2001 the sumptuary allowance was raised from Rs 1,500 to Rs 3,000 for the Prime Minister, from Rs 1,000 to Rs 2,000 for a cabinet minister, from Rs 500 to Rs 1,000 for a minister of state and from Rs 300 to Rs 600 for a deputy minister.
Related Articles
| Article | Subject |
|---|---|
| 74 | Council of ministers to aid and advise the President |
| 75 | Other provisions as to ministers |
| 77 | Conduct of business of the Government of India: executive action in the President’s name; authentication; rules of business |
| 78 | Duties of the Prime Minister regarding information to the President |
| 88 | Rights of ministers as respects the Houses: speak, not vote |
Under Article 77, the validity of an order authenticated in the manner specified in the rules shall not be called in question on the ground that it is not an order made by the President.
Why Is This Topic Important?
- 91st Amendment 15% cap and defection rule are favourites
- Six-month rule Asked every few years
- Deputy PM Devi Lal case
What Came Next?
The next topic covers the collective responsibility of the council of ministers.
Key People and Terms
- 91st Amendment Capped council size and barred defectors
- Six consecutive months Time to join Parliament
- Sumptuary allowance Rank-based allowance
- Article 88 Right to speak but not vote
- Article 77 Conduct of business
Exam Corner
Points to Remember
- Cap: 15% of the Lok Sabha.
- Defectors disqualified from ministership.
- Non-member minister: six months.
- Oath by the President.
Do Not Confuse With
- Article 74 and Article 75 Advice versus appointment and tenure
- Article 77 and Article 78 Conduct of business versus PM duties
- 91st Amendment and 52nd Amendment Cap versus defection law
Memory Hook
Fifteen percent cap, defectors out, six months to join, oath by the President.
Mains Angle
Questions on this topic usually ask about the 91st Amendment. Use these points to add depth.
- Size control Cap on jumbo councils
- Anti-defection link No ministership for defectors
- Accountability Six-month rule
- Descriptive posts Deputy PM carries no extra power
A Question You May Face
An original practice question, not a past paper question.
“Explain the provisions of Article 75 on the council of ministers and the changes made by the 91st Amendment.”
How to Answer
- Introduction Article 75.
- Clauses Eight.
- 91st Amendment Cap and defection.
- Conclusion Accountability.
GS Relevance
Frequently Asked Questions
What did the 91st Amendment change in the council of ministers?
The 91st Amendment Act of 2003 capped the total number of ministers, including the Prime Minister, at 15% of the total strength of the Lok Sabha and disqualified legislators disqualified on grounds of defection from being appointed ministers.
Can a person who is not an MP become a minister?
Yes, but a minister who is not a member of either House of Parliament for six consecutive months ceases to be a minister. Such a person must be elected or nominated to a House within that period.
Who administers the oath to ministers?
The President administers the oaths of office and secrecy to a minister before the minister enters upon the office. The oath includes bearing true faith and allegiance to the Constitution and upholding the sovereignty and integrity of India.
Is the post of Deputy Prime Minister mentioned in the Constitution?
No. The Constitution provides only for the Prime Minister and ministers. In the 1990 Devi Lal case, the Supreme Court held that describing someone as Deputy Prime Minister is only descriptive and gives no powers of the Prime Minister.
Can ministers vote in a House of which they are not members?
No. Under Article 88 every minister has the right to speak and take part in the proceedings of either House and any joint sitting or committee, but is not entitled to vote, except in the House of which he or she is a member.
PYQ Practice — Statement Analysis
1 The council of ministers is limited to 15% of the Lok Sabha strength.
By the 91st Amendment.
2 A defector can be appointed a minister.
Disqualified by the 91st Amendment.
3 A minister who is not an MP can continue for any period.
Six months.
4 Ministers can vote in both Houses.
Only in their own House.
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