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Article 75 Of Indian Constitution In English
Article 75 – Other provisions as to Ministers.
(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 Minister shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the House of the People.
(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.
(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.
(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 The Attorney General for India.
Article 75 In English
75 Article – Other provisions in relation to ministers.
(1) The Prime Minister shall be appointed by the President and other Ministers shall be appointed by the President on the advice of the Prime Minister.
(2) The Minister shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the Lok Sabha.
(4) Before a Minister enters upon his office, the President shall administer to him the oath of office and secrecy in accordance with the forms prescribed for the purpose in the Third Schedule.
(5) A Minister who is not a member of either House of Parliament for a period of six consecutive months shall cease to be a Minister on the expiration of that period.
(6) The salaries and allowances of Ministers shall be such as Parliament may, from time to time, by law determine, and unless Parliament so determines, as specified in the Second Schedule to the Attorney-General of India.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 75 Of Indian Constitution?
In Article 75 you see “Other provisions as to Ministers” that means (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 Minister shall hold office during the pleasure of the President. more above.
Article 75 Debate Summary
The draft Article 62 (Article 75 of the Constitution of India, 1950) was debated on 30 December 1948, 31 December 1948, 14 October 1949 and 17 October 1949. The article sought to control the office of the prime minister and ministers. Importantly, it established the collective responsibility of ministers to the House of the People. A member wanted to introduce a new provision to regulate the removal of ministers.
He argued that encoding it would prevent abuse of power by a future legislature over ministers. This will ensure non-interference and smooth administration of ministerial responsibilities. There was a proposal to ensure that the prime minister would be appointed from the political party with a majority in the parliament. This would enable a stable ministry that ‘orders confidence in the House’.
The Chairman of the Drafting Committee introduced an amendment that would bind the President to follow the instrument of instruction in the exercise of his power. It also prohibited the scrutiny of decisions taken by the President. One member was against such a bar, arguing that it would lead to an ‘autocratic president’ as opposed to a ‘constitutional president’. One member demanded replacement of ‘President’s happiness’ with ‘People’s confidence’.
He highlighted that the proposal was not motivated by communalism, instead, it merely codified an existing convention. He argued that as a matter of practice, ministers held their office as long as they commanded the confidence of the Lok Sabha. This convention, which found its practice in Britain and America, should be written into the Constitution and not left to future ambiguity or the Supreme Court’s interpretation.
To be appointed as a minister, a member proposed, he should have been elected from the Lok Sabha. He said that appointing ‘permanent ministers’ from the nominated members of the Parliament would be violative of democratic principles. Only the member who has the confidence of the voters should be made a minister. Only the proposal of the Chairman of the Drafting Committee was accepted. The Assembly adopted the draft article on 31 December 1948. However, the Drafting Committee moved on 14 October 1949 to remove its earlier amendment.
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