Article 75 of CoI : Article 75: Other provisions as to Ministers.

Explanation using Example

Example 1:

Scenario: Appointment of Ministers

Situation: After a general election, the President of India needs to appoint the Prime Minister and other Ministers.

Application of the Act:

1. The President appoints the leader of the majority party in the Lok Sabha (House of the People) as the Prime Minister.
2. The Prime Minister then advises the President on the appointment of other Ministers.
3. The total number of Ministers, including the Prime Minister, does not exceed 15% of the total number of members of the Lok Sabha. For instance, if the Lok Sabha has 545 members, the Council of Ministers can have a maximum of 82 members (15% of 545).

Example 2:

Scenario: Disqualification of a Minister

Situation: A member of the Lok Sabha is disqualified under the Tenth Schedule (anti-defection law) for switching political parties.

Application of the Act:

1. The disqualified member cannot be appointed as a Minister during the period of disqualification.
2. If the disqualification period is until the end of the current Lok Sabha term, the member cannot be a Minister until the next general election.
3. If the disqualified member contests and wins a by-election before the end of the term, they can be appointed as a Minister once they are declared elected.

Example 3:

Scenario: Collective Responsibility

Situation: A controversial policy decision is made by the Council of Ministers, leading to widespread public criticism.

Application of the Act:

1. The entire Council of Ministers, including the Prime Minister, is collectively responsible to the Lok Sabha.
2. If the Lok Sabha passes a vote of no confidence against the Council of Ministers, all Ministers, including the Prime Minister, must resign.

Example 4:

Scenario: Oath of Office

Situation: A newly appointed Minister is about to assume office.

Application of the Act:

1. Before taking office, the new Minister must take the oath of office and secrecy administered by the President.
2. The oath is in the form set out in the Third Schedule of the Constitution.

Example 5:

Scenario: Minister Not a Member of Parliament

Situation: A person is appointed as a Minister but is not a member of either House of Parliament.

Application of the Act:

1. The appointed Minister must become a member of either the Lok Sabha or the Rajya Sabha within six months.
2. If the Minister fails to become a member within six months, they must cease to be a Minister at the end of that period.

Example 6:

Scenario: Salaries and Allowances of Ministers

Situation: The Parliament is debating a bill to revise the salaries and allowances of Ministers.

Application of the Act:

1. The salaries and allowances of Ministers are determined by Parliament through legislation.
2. Until Parliament enacts a new law, the salaries and allowances specified in the Second Schedule of the Constitution apply.