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UPSC » UPSC CSE Study Materials » Polity » Article 75

Article 75

The Prime Minister of India shall be appointed by the President of India. He enjoys the office of time according to the pleasure of the President.

Table of Content
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According to article 75 of the Indian Constitution, the Prime minister must be appointed by the President and the other minister will be appointed by the President on the advice of the Prime minister. The prime minister shall hold office of time according to the pleasure of the President. Article 75 further includes that the Council of Ministers will be collectively responsible to the lower house (Lok Sabha) of the Parliament, mentioned in the Indian Constitution. Article 75 entirely deals with the responsibility, oath, position, allocations and salaries and, finally, the duties of the council of ministers and that of the Prime Minister of India. 

Appointment of the UCOM and their office of time according to the “pleasure of the President”

There is a union council of ministers in the Indian Constitution headed by the prime minister to aid and advise the President of India. 

  •  Article 75 of the Indian Constitution deals with the appointment, strength, responsibility, term, oath, salary composition and removal of the members of the Union council of ministers. Various provisions of UCOM are mentioned in the. This article further includes that the strength of the UCOM was not determined by the Constitution. The PM generally decides it. 

  • A general election is held in the country, and the particular political party holding the maximum number of seats is decided to be the ruling party according to the Indian Constitution. Among the members of the ruling party, one member is selected as the Prime minister, and the prime minister determines the department of the other council of ministers in the Lok Sabha. Finally, the President of India appointed them in their respective offices according to the advice of the Prime minister. The council of ministers will remain in their office according to the pleasure of the President. The President can remove any minister at any time. 

  • The Union Council of Ministers shall be individually responsible to the President for their affairs and decisions. They generally work all the executive decisions and hold their prescribed office of time according to the pleasure of the President. In the Indian Constitution, Pleasure of the President 

Period of six consecutive months of the UCOM under Article 75

According to Article 75 of the Indian Constitution, the members, the elected members of the election process, may hold their position as a minister for six months. During this time, they must be elected as members of either house of the Parliament. If they are not able to be elected as a member of any of the houses, then they will have to resign from their respective post. They can only hold the office for a period of six consecutive months.

Major responsibilities of the UCOM 

The Union Council of Ministers is the executive head of the country. The Union council of ministers has immense power and multiple responsibilities. The union of ministers regulates all the external and internal politics within the country. Furthermore, the President shall administer all the rules and processes during the appointment of the ministers. The council of ministers (UCOM) forms various policies to provide a better living to the country’s citizens. 

It takes all major decisions regarding the defense and security of the country. The Union Council of ministers is responsible for the “ordinances” enforced by the President when there is no session in the Parliament. The council of ministers, including the Prime Minister, is responsible for all the expenditures of the government and also includes the major decisions regarding revenues. 

 All executive and administrative power of the President is exercised by the union council of ministers led by the Prime minister. The President shall administer the oaths and office of the elected ministers according to their respective posts. 

Conclusion

“Article 75” of the Indian Constitution, predominantly deals with the appointment of the Union Council of Ministers by the President of India. All ministers of the Parliament shall hold the office as per the pleasure of the President. The President can cancel the membership of any ministers at any time based on the particular rules and regulations mentioned in the Constitution. The prime minister acts as the chief link between the Union Council of Ministers (UCOM) and the President of India. The UCOM only decides all the important affairs of the country, but all these decisions will be enforced by the President of India.

faq

Frequently asked questions

Get answers to the most common queries related to the UPSC Examination Preparation.

What is the main function of the UCOM?

Ans. The main function of the UCOM is to take all the important decisions of the country. The Prime Minister informe...Read full

How does the appointment of the Council of Ministers depend on the pleasure of the President?

Ans. The President of India appoints all council of ministers according to article 75. Generally, the ministers remain in their office for five yea...Read full

Why does the Indian Constitution include the pleasure of the President in the appointment of the ministers?

Ans. It is very important to include the pleasure of the President in the appointment of the ministers. It indicates...Read full

How can the members of the council of ministers be disqualified?

Ans. The membership of the ministers can be disqualified if they are unable to hold their office according to the pl...Read full

Ans. The main function of the UCOM is to take all the important decisions of the country. The Prime Minister informed the President about all legal and administrative decisions taken by UCOM. The President further administrates all the executive affairs of the country according to the information and decision of the UCOM.

Ans. The President of India appoints all council of ministers according to article 75. Generally, the ministers remain in their office for five years. The President of India holds power to remove any ministers before their prescribed office of time. Thus, their appointment is dependent on the pleasure of the President.

Ans. It is very important to include the pleasure of the President in the appointment of the ministers. It indicates the supremacy of the President and credits the President of India as the head of all executive affairs done by the council of ministers. It further alerts the Council of Ministers of their duty and responsibility to the country.

Ans. The membership of the ministers can be disqualified if they are unable to hold their office according to the pleasure of the President. Here, the President of India plays the main role in removing the minister. This particular process is mentioned in the 91st Amendment Act of the Indian Constitution.

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