Article 75 of Indian Constitution

Article 75 of the Indian Constitution is a cornerstone in defining the framework of executive governance in India. It deals with the appointment, roles, and responsibilities of the Prime Minister and the Council of Ministers. These provisions ensure a robust parliamentary democracy by outlining the relationship between the President, the Prime Minister, and the legislature. In this article, we explore the legal nuances, historical significance, and practical implications of Article 75, providing an in-depth understanding of its application in governance.

Constitutional Framework of Article 75

Article 75 is embedded in Part V, Chapter I, of the Indian Constitution, which deals with the executive branch of the Union. It provides the legal basis for the appointment and functioning of the Prime Minister and the Council of Ministers. The key clauses of Article 75 are:

Clause (1): Appointment of Ministers

• The President appoints the Prime Minister and, on their advice, other Ministers.
• This provision underscores the President’s ceremonial role and the Prime Minister’s decisive influence in forming the Council of Ministers.

Clause (1)(a): Limit on the Number of Ministers

Introduced by the 91st Amendment Act of 2003, it limits the total number of Ministers, including the Prime Minister, to 15% of the total strength of the Lok Sabha.

Clause (1)(b): Disqualification for Defection

This clause disqualifies Ministers under the Tenth Schedule if they defect from their political party.

Clause (2): Tenure of Ministers

Ministers hold office during the pleasure of the President, a provision that emphasises the executive’s accountability to the legislature.

Clause (3): Collective Responsibility

Ministers are collectively responsible to the Lok Sabha, ensuring a unified executive policy.

Clause (4): Oath of Office

Ministers are required to take an oath of office and secrecy as prescribed in the Third Schedule.

Clause (5): Membership of Parliament

A Minister must be a member of either House of Parliament within six months of appointment, failing which they must resign.

Clause (6): Salaries and Allowances

The salaries and allowances of Ministers are determined by Parliament.

Role of the Prime Minister Under Article 75

The Prime Minister holds the most significant position in the Council of Ministers and is often referred to as the “first among equals.” Article 75 outlines their pivotal role in governance, including:

1. Head of the Executive: The Prime Minister is the head of the government, overseeing all executive functions and decision-making.
2. Advisor to the President: They advise the President on critical appointments, including those of the Attorney General, Election Commissioners, and Finance Commission members.
3. Allocation of Portfolios: The Prime Minister assigns ministries to the Council of Ministers, ensuring effective distribution of responsibilities.
4. Chairman of the Cabinet: They preside over Cabinet meetings, steering policy discussions and decisions.
5. Representative of India: On the global stage, the Prime Minister acts as the chief spokesperson for India, shaping foreign policy and representing the nation in international forums.

Council of Ministers: Collective Responsibility and Functioning

Under Article 74, the Prime Minister is mandated to head the Council of Ministers, but Article 75 elaborates on their appointment, tenure, and collective responsibility. This ensures that the executive remains accountable to the legislature.

1. Appointment Process: The President appoints Ministers on the advice of the Prime Minister. This reflects the parliamentary system where the Prime Minister leads the government based on their majority in the Lok Sabha.
2. Collective Responsibility: Article 75(3) ensures that the Council of Ministers functions as a unified entity. They are collectively accountable to the Lok Sabha, and a vote of no-confidence against the Council necessitates their resignation.
3. Tenure and Removal: Ministers hold office at the pleasure of the President but can be removed based on the Prime Minister’s recommendation. This provision underscores the Prime Minister’s authority within the Council.
4. Disqualification for Defection: Article 75(1)(b) disqualifies Ministers under the anti-defection law, ensuring party discipline and stability in governance.

Provisions Ensuring Accountability

1. Parliamentary Oversight: Article 75 mandates collective responsibility, binding Ministers to the decisions of the Council and ensuring they are accountable to the Lok Sabha.
2. Membership Requirement: A non-parliamentary member appointed as a Minister must secure a seat in either House within six months, ensuring democratic legitimacy.
3. Oath of Office: Ministers take an oath to uphold the Constitution, ensuring adherence to constitutional principles and integrity in governance.

Judicial Interpretations of Article 75

The judiciary has played a pivotal role in interpreting and upholding the principles enshrined in Article 75. Some landmark cases include:

1. S.P. Anand v. H.D. Deve Gowda (1996): The Supreme Court clarified that the oath under Article 75(4) is uniform for all Ministers, including the Prime Minister. It reinforced the equality of all Ministers in their constitutional responsibilities.
2. U.N.R. Rao v. Smt. Indira Gandhi (1971): This case upheld the principle of collective responsibility under Article 75(3), emphasising that the Council of Ministers must command the confidence of the Lok Sabha.
3. Manoj Narula v. Union of India (2014): The court stressed that the Prime Minister should act with the highest standards of public morality and advised against appointing Ministers with criminal charges. Though advisory, this interpretation highlighted ethical governance.

Significance of the 91st Amendment Act

The 91st Amendment Act introduced key changes to Article 75 to curb political instability and ensure better governance:

1. Cap on the Size of the Council of Ministers: By limiting the size to 15% of the total strength of the Lok Sabha, it reduced unnecessary expansion of the Cabinet, enhancing efficiency.
2. Disqualification for Defection: Strengthened anti-defection laws by disqualifying defecting Ministers, ensuring political stability and discipline.

Practical Implications of Article 75

1. Formation of Government: Article 75 lays the foundation for the formation of the executive branch, ensuring that the government operates under the leadership of a Prime Minister chosen through democratic processes.
2. Accountability Mechanisms: By enforcing collective responsibility and requiring Ministers to be members of Parliament, Article 75 strengthens legislative oversight.
3. Checks on Executive Authority: Provisions such as the size cap and anti-defection laws ensure that the executive does not overstep its boundaries.

Conclusion

Article 75 is integral to India’s parliamentary democracy, defining the structure and functioning of the executive branch. It ensures a balance of power between the President, the Prime Minister, and the legislature while promoting accountability and ethical governance. Despite certain challenges, the provisions of Article 75 have stood the test of time, contributing to the stability and resilience of India’s democratic framework.