Other Provisions as to Ministers – Oath, Term and Salary (Article 75)

Article 75 of the Constitution lays down the rules governing appointment, oath, tenure, size and collective responsibility of the Union Council of Ministers. While Article 74 creates the Council of Ministers to aid and advise the President, Article 75 fills in the operational details — who appoints whom, how big the ministry can be, and to whom it answers.

Appointment of the Prime Minister and Ministers

Under Article 75(1), the President appoints the Prime Minister, and appoints the other ministers on the advice of the Prime Minister. In effect, the President's discretion in choosing ministers is limited to whoever the Prime Minister recommends. By convention, the person commanding a majority in the Lok Sabha is appointed Prime Minister. The Prime Minister may belong to either House of Parliament; a person who is not a member of either House at the time of appointment must secure membership within six months, failing which they cease to hold office.

A minister who is a member of one House may speak and participate in proceedings of the other House as well, but can vote only in the House to which they belong.

Size of the Council of Ministers — the 15% cap

Article 75(1A) fixes the maximum strength of the Council of Ministers, including the Prime Minister, at fifteen per cent of the total membership of the Lok Sabha. This clause was inserted by the Constitution (Ninety-first Amendment) Act, 2003, to check the earlier practice of oversized ministries formed to accommodate coalition partners. The Council of Ministers itself is a composite body made up of Cabinet Ministers, Ministers of State, and Deputy Ministers, with the Prime Minister at its head.

Anti-defection bar on ministerial appointment

Article 75(1B), also added by the 91st Amendment, bars a member of either House who stands disqualified under the Tenth Schedule (anti-defection law) from being appointed a minister. The disqualification lasts from the date the member is disqualified until the date their term would have expired, or until they are re-elected, whichever is earlier.

Oath of office and secrecy

Before entering office, every minister must take an oath of office and an oath of secrecy before the President, undertaking to bear true faith to the Constitution, uphold India's sovereignty and integrity, and discharge duties faithfully without fear or favour.

Salary

Article 75(6) leaves ministerial salaries and allowances to be determined by Parliament by law from time to time. Parliament has exercised this through dedicated legislation on ministers' salaries and allowances, periodically amended.

Tenure — pleasure of the President

Article 75(2) provides that ministers hold office during the pleasure of the President. In practice, the President removes a minister only on the advice of the Prime Minister; the President does not act independently in dismissing a minister. This is sometimes called the principle of individual responsibility to the President — even though a minister enjoys the confidence of the House, they may still be asked to resign or be dismissed on the Prime Minister's advice.

Collective responsibility to the Lok Sabha

Article 75(3) states that the Council of Ministers is collectively responsible to the House of the People. This is the core operating principle of parliamentary government: ministers work as a team and are jointly answerable for decisions, even ones an individual minister may have opposed within Cabinet. If the Lok Sabha passes a no-confidence motion, the entire ministry — including ministers drawn from the Rajya Sabha — must resign together. Collective responsibility also means that once a policy is adopted, every minister is expected to publicly support it or step down.

UPSC Relevance

Prelims: Know that Article 75(1A) and (1B) were inserted by the 91st Amendment Act, 2003; the 15% ceiling is on Lok Sabha strength, not total Parliament strength; a non-member can serve as minister for a maximum of six months.

Mains: Article 75 is central to answers on collective responsibility, the checks on ministry size introduced to curb defection-driven coalition bargaining, and the distinction between collective responsibility (to the legislature) and individual responsibility (to the President).

FAQ

Q1. Who appoints the ministers in the Union Council of Ministers? The President appoints the Prime Minister, and appoints the other ministers on the advice of the Prime Minister.

Q2. What is the maximum size of the Council of Ministers? Under Article 75(1A), the Council of Ministers, including the Prime Minister, cannot exceed fifteen per cent of the total membership of the Lok Sabha.

Q3. Which amendment introduced the ceiling on ministry size? The Constitution (Ninety-first Amendment) Act, 2003, inserted clauses (1A) and (1B) into Article 75.

Q4. Can a disqualified defector be appointed a minister? No. Article 75(1B) bars a member disqualified under the Tenth Schedule from being appointed a minister for the remainder of their disqualification period.

Q5. What does collective responsibility under Article 75 mean? The entire Council of Ministers is jointly answerable to the Lok Sabha; if the House withdraws confidence through a no-confidence motion, the whole ministry must resign.

Quick Revision

• Article 75(1): PM appointed by President; other ministers appointed by President on PM's advice.
• Article 75(1A): Council of Ministers capped at 15% of Lok Sabha strength — added by 91st Amendment, 2003.
• Article 75(1B): Disqualified defectors barred from ministership — also 91st Amendment.
• Article 75(2): Ministers hold office during the President's pleasure.
• Article 75(3): Collective responsibility of Council of Ministers to the Lok Sabha.
• Non-member can be minister for a maximum of six months.
• Salaries of ministers fixed by Parliament by law.

Sources

• The Constitution of India, Ministry of Law and Justice, Legislative Department — Article 75: https://legislative.gov.in/constitution-of-india/
• Constitution (Ninety-first Amendment) Act, 2003 — legislative.gov.in

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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