Introduction

The Indian Constitution is the supreme law of the land, providing the framework for the functioning of the government and the rights and responsibilities of its citizens. Article 75 of the Indian Constitution deals with the appointment, tenure, and other provisions related to Ministers in the government. This article plays a crucial role in ensuring the smooth functioning of the executive branch and maintaining the balance of power.

Appointment of Ministers

Article 75(1) states that 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. This provision ensures that the executive power is vested in the President, but the actual exercise of this power is carried out by the Council of Ministers, headed by the Prime Minister.

The appointment of Ministers is a crucial process as it determines the composition of the government and the allocation of portfolios. The Prime Minister has the discretion to choose Ministers from among the Members of Parliament, both from the ruling party or coalition as well as from outside. The President, acting on the advice of the Prime Minister, appoints the chosen individuals as Ministers.

Collective Responsibility

Article 75(3) highlights the principle of collective responsibility of the Council of Ministers to the Lok Sabha (the lower house of the Parliament). This means that the Ministers are collectively responsible to the Parliament for the decisions taken by the government. If any Minister fails to uphold the collective responsibility, they can be asked to resign by the Prime Minister.

This provision ensures that the government remains accountable to the Parliament and that the Ministers act in the best interests of the nation. It promotes transparency and enables the Parliament to hold the government accountable for its actions.

Independence of Ministers

Article 75(4) emphasizes the independence of Ministers in the discharge of their duties. While Ministers are collectively responsible to the Parliament, they also have the freedom to make decisions within their respective portfolios. This provision allows Ministers to exercise their expertise and judgment in their areas of responsibility without undue interference.

However, it is important to note that the decisions of the Ministers must be in line with the policies and principles of the government. The Prime Minister, as the head of the Council of Ministers, plays a crucial role in coordinating the activities of the Ministers and ensuring that their actions align with the overall objectives of the government.

Restrictions on Ministers

Article 75(5) imposes certain restrictions on Ministers. A Minister who is not a member of either house of Parliament must be elected as a member within six months of their appointment. If they fail to do so, they cease to be a Minister. This provision ensures that the Ministers are accountable to the people and have the necessary mandate to hold their positions.

Furthermore, a Minister who is a member of either house of Parliament must not hold any office of profit under the government of India or any state government. This restriction prevents conflicts of interest and ensures that the Ministers can focus on their duties without any external influences.

Resignation and Removal

Article 75(6) deals with the resignation and removal of Ministers. A Minister can resign by submitting their resignation to the Prime Minister. The Prime Minister, in turn, submits the resignation to the President. The President has the authority to accept or reject the resignation.

If a Minister is found to be unfit or incapable of performing their duties, the Prime Minister can advise the President to remove them from office. This provision ensures that the government can function effectively and that Ministers who are not fulfilling their responsibilities can be replaced.

Conclusion

Article 75 of the Indian Constitution provides the legal framework for the appointment, tenure, and other provisions related to Ministers in the government. It ensures the smooth functioning of the executive branch and promotes accountability and transparency in the government's actions. By understanding and upholding the provisions of Article 75, the government can effectively serve the interests of the nation and its citizens.