Article 75 of the Costitution of India with Case law
🔹 Article 75 of the Constitution of India deals with the appointment, tenure, responsibilities, and salaries of the Prime Minister and other Ministers in the Union Government.
✅ Text of Article 75 – Other Provisions as to Ministers
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 Ministers shall hold office during the pleasure of the President.
The Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha).
Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy.
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.
The salaries and allowances of Ministers shall be determined by Parliament.
🔍 Key Principles of Article 75
Establishes parliamentary democracy and collective responsibility.
Ensures accountability of the Council of Ministers to the Lok Sabha.
Gives the President a formal role, but real power lies with the Prime Minister and the Cabinet.
A non-member can become Minister for 6 months but must get elected to Parliament within that time.
⚖️ Important Case Laws on Article 75
1. S.P. Anand v. H.D. Deve Gowda (1996) 6 SCC 734
Issue: Whether a person who is not a member of Parliament can be appointed Prime Minister.
Held: Yes, under Article 75(5), a person not a member of Parliament can be appointed PM, but he must get elected within 6 months.
2. U.N. Rao v. Indira Gandhi (1971) 2 SCC 63
Issue: Appointment of the Prime Minister by the President.
Held: The President is bound to appoint a person who commands majority support in Lok Sabha. This is a constitutional convention backed by Article 75(3).
3. Shamsher Singh v. State of Punjab (1974) 2 SCC 831
Issue: Nature of the President’s powers under Article 75.
Held: The President acts on the advice of the Council of Ministers, and the real executive authority lies with the Prime Minister and the Cabinet.
4. State of Karnataka v. Union of India (1977) 4 SCC 608 (Rajamannar Case)
Observation: Reiterated collective responsibility under Article 75(3) as a foundational element of the parliamentary system.
5. A.K. Roy v. Union of India (1982) 1 SCC 271
Relevance: Clarified that even a nominated member (like from Rajya Sabha) can be appointed Minister, as long as constitutional provisions are followed.
📌 Conclusion
Article 75 ensures the democratic legitimacy and accountability of the Union Executive. While the President formally appoints Ministers, real power vests with the Prime Minister and the Council of Ministers, who are answerable to the Lok Sabha.
RELATED Blog
0 comments