Article 75 of CoI : Article 75: Other Provisions For Ministers

Explanation using Example

Imagine a situation where the general elections in India have just concluded. The political party that wins the majority of seats in the Lok Sabha is now tasked with forming the government. In accordance with Article 75 of the Constitution of India:

• The leader of the winning party is chosen to be the Prime Minister.
• The President of India formally appoints the Prime Minister.
• The newly appointed Prime Minister then recommends other party members or coalition partners to be ministers.
• The President appoints these ministers based on the Prime Minister's advice.
• The total number of ministers, including the Prime Minister, cannot exceed 15% of the Lok Sabha's total membership to ensure a small and efficient cabinet.
• If a minister were to lose their seat in parliament due to disqualification, they would also have to step down from their ministerial post.
• Ministers remain in office at the President's pleasure, but they are collectively responsible to the Lok Sabha, meaning they must maintain the confidence of the majority of its members.
• Before assuming office, each minister must take oaths of office and secrecy as prescribed in the constitution.
• If a minister is not a member of either house of parliament for six consecutive months, they must resign from the ministerial position.
• Their salaries and allowances are determined by Parliament, or as specified until such determination is made.