Art. 75 Part V: The Union

Other Provisions as to Ministers

Exact text — Constitution of India

(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. [Added by the 91st Amendment, 2003] (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... (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... (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...

In Plain English

What this Article actually means

This Article covers essential rules for how the Council of Ministers actually operates: the President appoints the PM directly but other Ministers only on the PM's advice, a hard cap (added in 2003, specifically to curb the trend of increasingly bloated ministries) limiting the Council to 15% of Lok Sabha's total membership, a bar on anti-defection-disqualified legislators becoming Ministers, and — importantly — collective Cabinet responsibility to the Lok Sabha, meaning the whole government stands or falls together on confidence votes.

Why This Matters To You

How it shows up in everyday life

This is why you'll sometimes read about a government being constrained in how many ministers it can appoint (the 15% cap directly limits Cabinet/ministry size), and why a government losing a Lok Sabha confidence vote means the ENTIRE Council of Ministers resigns together, not just the specific minister connected to the losing issue — that's what 'collective responsibility' (clause 3) means in practice.

Read alongside this one

Art. 74 — Council of Ministers to Aid and Advise the President

Frequently Asked

Quick answers about Article 75

Can someone who isn't an MP or MLA become a Minister?

Yes, temporarily — clause (5) allows this, but that person must become a member of either House within 6 months or cease to be a Minister.

What is the '15% cap' on Council of Ministers size?

Added specifically to prevent unwieldy, excessively large Cabinets — added by the 91st Amendment in 2003 partly in response to concerns about coalition governments distributing ministerial posts too widely for political reasons rather than governance efficiency.

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The text above reproduces Article 75 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.