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Which of the following are the provisions of 'Article 75' of the Constitution? (A) Ministers shall be appointed by the President on the advice of the Prime Minister.  (B) The Council of Ministers shall be collectively responsible to the House of People.  (C) It shall be the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers.  (D) The question whether any and if so what advice was tendered by Ministers to the President shall not be inquired into in any Court. 

Which of the following are the provisions of 'Article 75' of the Constitution? (A) Ministers shall be appointed by the President on the advice of the Prime Minister.  (B) The Council of Ministers shall be collectively responsible to the House of People.  (C) It shall be the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers.  (D) The question whether any and if so what advice was tendered by Ministers to the President shall not be inquired into in any Court.  Correct Answer (A) and (B) 

The correct answer is (A) and (B).

Key Points

  • Article 75–Other Provisions as to Ministers
    • ​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.
    • The total number of ministers, including the Prime Minister, in the Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003.
    • A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. This provision was also added by the 91st Amendment Act of 2003.
    • The ministers shall hold office during the pleasure of the President.
    • The council of ministers shall be collectively responsible to the Lok Sabha.
    • The President shall administer the oaths of office and secrecy to a minister.
    • A minister who is not a member of the Parliament (either house) for any period of six consecutive months shall cease to be a minister.
    • The salaries and allowances of ministers shall be determined by the Parliament.
    • Article 75 clearly states that the council of ministers is collectively responsible to the Lok Sabha.

Additional Information

  • Article 78 of the Constitution of India lays down the duties of the Prime Minister of India.
  • It shall be the duty of the Prime Minister:
    • To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;
    •  To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and
    •  If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
  • Article 74 in The Constitution Of India 1949
    • There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration
    • The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court

Related Questions

Which of the following are the provisions of Article-164 of the Constitution ? (a) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advise of the Chief Minister. (b) It shall be the duty of the Chief Minister to communicate to the Governor all decisions of the Council of ministers relating to administration of the state. (c) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the state. (d) The total number of Ministers including Chief Minister shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of the state.  
Article 74(2) the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
In the light of article 74(2) and decided cases, test the correctness of the following statements:
Statement 1. The Courts are justified in probing as to whether there was any material on the basis of which the advice was given, and whether it was relevant for such advice and the President could have acted on it.
Statement 2. When the Courts undertake an enquiry into the existence of such material, the prohibition contained in article 74(2) does not negate their right to know about the factual existence of any such material.
Consider the following statements: 1. The advice tendered by the Council of Ministers to the President can be inquired into in a supreme court of India. 2. The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 20% of the total strength of the Lok Sabha. 3. A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. Which of the statements given above is/are NOT correct?
Consider the following statements: 1. In case of a dispute of jurisdiction between the council of ministers and the governor, the decision of the former is final and binding. 2. The advice tendered by Ministers to the Governor shall not be inquired into in any court. 3. A council of ministers must always exist to advise the governor, even after the dissolution of the state legislative assembly or resignation of a council of ministers. Which of the statements given above is/are correct?
 Given below are four jumbled sentences. Select the option that gives their correct order. The president has all constitutional powers and exercises them directly or through subordinate officers as per the aforesaid Article 53(1). The executive power is vested mainly in the President of India, as per Article 53(1) of the constitution. The council of ministers remains in power during the 'pleasure' of the president.  The president is to act in accordance with aid and advice tendered by the prime minister, who leads the council of ministers as described in Article 74 of the Constitution of India.
Consider the following statements about Council of Ministers : 1. The advice tendered by the Ministers to the President shall not be enquired in any court. 2. The total number of Council of Ministers shall not exceed 15% of the total strength, a provision present in the original constitution. Which of the above statements is correct?
Assertion (A): A Governor is always supposed to act on the advice of the Council of Ministers in matter of appointment of the Chief Minister.
Reason (R): Like Article 74(1), Article 163(1)of the Constitution of India make it mandatory for the Governor to act in accordance with the advice tendered by the Council of Ministers.
Choose the correct option from below:
Which of the following statement/statements is/are correct? Give correct answer:
1. An ordinary Bill can only originate in council of states
2. A Bill pending in House of people shall not lapse by reason of the prorogation of the House
3. A Bill pending in the council of state which has not been passed by the House of people shall not lapse on a dissolution of the House of the people
4. A Bill pending in the House of people shall not lapse by reason of the dissolution of the House.
Select the constitutional duties of the Chief Minister from following by using the code given below: (A) The Chief Minister communicates to the Governor all decisions of the Council of Ministers related to the administration of the affairs of the State. (B) The Chief Minister communicates to the Governor the proposals for legislation. (C) The Chief Minister participates in the meetings of National Development Council. (D) The Chief Minister submits for the consideration of the Council of  Ministers any matter on which decision has been taken by a minister but which has not been considered by the council as if the Governor requires.
Consider the following statements: 1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament. 2. The Union Ministers shall hold the office during the pleasure of the President of India. 3. The Prime Minister shall communicate to the President about the proposals for legislation. Which of the statements given above is/are correct?