Constitution Section 75 — Other provisions as to Ministers
Part V — THE UNION — Council of Ministers
Constitutional
Summary
The President appoints the Prime Minister, and appoints other ministers on the Prime Minister's advice. The total number of ministers, including the Prime Minister, cannot exceed 15% of the total members of the Lok Sabha. A member of Parliament who is disqualified under the anti-defection law cannot be appointed as a minister during the period of that disqualification. Ministers serve as long as the President wishes, and the entire Council of Ministers is responsible to the Lok Sabha. Before taking office, a minister must take oaths of office and secrecy as set out in the Third Schedule. If a minister is not a member of either House of Parliament for six consecutive months, they cease to be a minister. Parliament decides the salaries and allowances of ministers, and until then, the Second Schedule applies.
Official Text
(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.
(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 under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
(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 according to the forms set out for the purpose in the Third Schedule.
(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 and, until Parliament so determines, shall be as specified in the Second Schedule.