Article 75 of Indian Constitution
Article 75 – The Council of Ministers
Text of Article 75:
The Prime Minister shall be appointed by the President.
Other Ministers shall be appointed by the President on the advice of the Prime Minister.
The Council of Ministers shall aid and advise the President in the exercise of his functions.
The Council of Ministers shall be collectively responsible to the Lok Sabha.
The Prime Minister and Ministers shall hold office during the pleasure of the President, but in practice this is governed by the support of the Lok Sabha.
Key Features of Article 75:
Appointment:
Prime Minister appointed by the President.
Other Ministers appointed by the President on PM’s advice.
Collective Responsibility:
The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)).
If the Lok Sabha passes a no-confidence motion, the entire Council must resign.
Individual Responsibility:
Each minister is also responsible for their department, but the collective responsibility prevails.
Tenure:
Ministers hold office during the pleasure of the President, but in practice, it is determined by the support of the Lok Sabha.
Aid and Advice:
The Council of Ministers aids and advises the President in exercising constitutional powers (except where President must act independently).
Case Law Related to Article 75:
Shamsher Singh v. State of Punjab (1974)
Discussed collective responsibility and clarified that ministers can be removed if Lok Sabha withdraws support.
S.R. Bommai v. Union of India (1994)
Reaffirmed that the Council of Ministers is responsible to the Lok Sabha, and President can dismiss a government only if it loses majority.
Laid down guidelines for President’s discretionary powers under Article 75 and Article 356.
Kihoto Hollohan v. Zachillhu (1992)
Emphasized that collective responsibility ensures political stability and accountability of the Council to the legislature.
Significance of Article 75:
Foundation of Parliamentary System:
Establishes prime ministerial leadership and collective responsibility, which are pillars of the parliamentary system.
Ensures Accountability:
The Council of Ministers is accountable to the Lok Sabha, ensuring democratic oversight.
Defines Executive-Head Relationship:
President acts on advice of the Council, ensuring executive powers are exercised by elected representatives.
Maintains Political Stability:
Collective responsibility prevents arbitrary decisions and ensures government stability in Parliament.
Conclusion:
Article 75 is a cornerstone of India’s parliamentary democracy. It defines the appointment, powers, and accountability of the Prime Minister and Council of Ministers, ensures collective responsibility to the Lok Sabha, and balances the roles of the President and the elected executive. Judicial interpretations, like in S.R. Bommai, reinforce the democratic and accountable functioning of the Council of Ministers.
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