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The Constitution, Made Understandable.

Article 75

Appointment, Collective Responsibility, 15% Size Limit, and Tenure of Ministers

Official heading: “Other provisions as to Ministers”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
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Part V, Article 75, printed pages 34–35
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1. In One Sentence

Article 75 governs the appointment of the Prime Minister and Ministers, establishes collective responsibility to Lok Sabha, caps ministry size at 15%, and mandates parliamentary membership within six months.

2. What It Means in Everyday Language

Article 75 lays down the foundational rules governing the executive government: the Prime Minister is appointed by the President, and other Ministers are appointed by the President solely on the advice of the Prime Minister.

Clause (3) contains the cornerstone of parliamentary democracy: collective responsibility. The Council of Ministers is collectively responsible to the House of the People (Lok Sabha). If the Lok Sabha passes a vote of no-confidence, the entire ministry must resign together.

Clauses (1A) and (1B), inserted by the Ninety-first Amendment Act, 2003, set modern structural limits: the total number of Ministers (including the Prime Minister) cannot exceed 15 percent of the total membership of the Lok Sabha, and any MP disqualified under the Tenth Schedule for defection is disqualified from holding a ministerial post until re-elected.

Clause (5) permits non-MPs to be appointed Ministers, but mandates that they must get elected to either House of Parliament within six consecutive months or cease to be Ministers.

3. Practical Illustrative Example

Everyday Scenario:

A newly appointed Union Minister is not a member of either Lok Sabha or Rajya Sabha at the time of swearing-in.

Core takeaway: Under Article 75(5), the Minister can legally hold office for up to six consecutive months while seeking election to Parliament.
Illustrative Notice: If the Minister fails to obtain election to either House within six months, they must immediately step down and cannot be reappointed without entering Parliament.

4. Important Limits, Qualifications & Exceptions

Article 75 defines democratic appointment, tenure during pleasure, accountability, and ethical size caps.

  • Prime Minister’s pre-eminence: Other Ministers are appointed strictly on the PM’s recommendation.
  • Collective responsibility to the Lok Sabha ensures democratic answerability for all government policies.
  • Tenure during pleasure of the President is exercised in reality based on the Prime Minister’s confidence.
  • 15% ministry cap prevents jumbo cabinets and political patronage under the 91st Amendment.
  • Anti-defection sanction: Defectors under Tenth Schedule are barred from ministerial office.

5. Operative Constitutional Text

(1) 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. (1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People. (1B) A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier. (2) The Ministers shall hold office during the pleasure of the President. (3) The Council of Ministers shall be collectively responsible to the House of the People. (4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. (5) 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. (6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 75, printed pages 34–35 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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