Article 75 of the Constitution governs the Office of the Prime Minister and the Council of Ministers. It talks about the appointment, oath and membership in the Parliament of the Ministers.
Article 17 of Indian Constitution deals with Q14. In a prosecution for an offense under the Scheduled castes and Scheduled tribes (Prevention of Atrocities) Act 1989, the accused in his defense cannot take the plea that. The final draft of the Indian Constitution which is the longest in the world, was adopted on 26 November 1949 after almost 2 years, 11 months an 17 days. It was legally enforced on 26 January 1950, the day that we celebrate as Republic Day ever since. Here is the list of 80 most important articles of the Indian Constitution:. 1:- Name and territory of the Union. 3:- Formation of new states and alteration of areas.
This article explains the provisions of the article in detail and also mentions a few Supreme Court judgements that help interpret the article better.
The provisions that Article 75 lays are as follows (verbatim):
Explanation of Article 75
(1) While the President is the nominal executive (de jure), the Prime Minister is the real executive (de facto). The Prime Minister is the Head of the Government and the President is the Head of the State.
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(1A) The strength of the House of People is 552 (15% of it about 83). So, currently, the maximum number of Ministers that can be appointed is 83.
(1B) Added through the 91st Amendment Act, this sub-clause provides for the disqualification of those Ministers that have ceased to be Members of Parliament.
(2) The Prime Minister allocates the portfolios for the Ministers and the appointments are made by the President when the Prime Minister recommends. The Prime Minister is the head of the Cabinet Ministry as well as the Council of Ministers. In case an individual Minister loses confidence of the Prime Minister, this amounts to dismissal by the President. (Rule of Individual Responsibility)
(3) The Minister fall as well as stand together. They are collectively responsible to the Lok Sabha (since they are direct representatives of the people). If the House loses confidence in one Ministry, those Ministers belonging to the Rajya Sabha are to resign as well. Loss of confidence in a Ministry can be expressed through the passage of a No-Confidence motion, rejecting important finance bills or through rejecting a motion to be passed in confidence of the Ministry. This concept has been adopted from England. (Rule of Collective Responsibility)
(4) Before assuming charge, a Minister is to take the Oath of Office as well as the Oath of Secrecy. The Oath of Office includes an affirmation to discharge one’s duties faithfully and never show favoritism. The Oath of Secrecy is an affirmation made by the Minister to not disclose any secrets that could threaten national security either directly or indirectly.
(5) Eligible candidates have a choice of assuming charge as Ministers and then secure a seat in either House of the Parliament within 6 months of being appointed as a Minister. In case one doesn’t manage to become an MP, one is to ceases to be a Minister post expiry of 6 months.
(6) The Salaries and Allowances of Ministers Act, 1952 mentions the salaries and allowances the Ministers are provided with. The Parliament may make amendments to the law so as to make changes in the salaries and allowances by law (through simple majority).
Supreme Court judgements:
Here are a few judgements of the Supreme Court that help in interpreting Article 75 better and the major takeaways from each:
U.N.R. Rao vs. Union of India:
- The essence of joint responsibility is that the entire Cabinet of Ministers is responsible for every single action that any one of the ministries takes.
- Article 75(3) introduces the concept of a “Responsible Government”. This is through it that the Council of Ministers should enjoy the majority in the Lok Sabha. While the Lok Sabha is not dissolved under Article 85(2)(b), Article 75 (3) becomes operative. But when it is dissolves, the Council of Ministers cannot enjoy the confidence of the Lok Sabha since it does not even exist. But it hasn’t been mentioned that the Council of Ministers does not enjoy the confidence of Lok Sabha when it is prorogued. In case of dissolution of Lok Sabha, Section 14 of the Representation of Peoples Act, 1951 comes into picture.
S.P Anand, Indore vs. H.D Deve Gowda and Others:
- The form of the oath mentioned under the IIIrd Schedule of the Article 75(4) is the same for the Prime Minister as well as for a Minister. This implies that the Constitution does not show any kind of discrimination between the Prime Minister and any Minister. As it goes, the Prime Minister is the ‘First among equals’.
- Even if an eligible person is not a member of the House and if he has the support and the confidence of the House, he can be chosen to be the head of the Council of Ministers. This helps in ensuring the Prime Minister is accountable to the House and there still is democracy.
- If our Constitution, which has the law of the land, provides for such appointment, that in itself should end the controversy.
Manoj Narula vs. Union of India:
- The Supreme Court advised the Prime Minister as well as the Chief Ministers of states to not include those candidates that are facing trial for criminal charges in their cabinet. But since the Constitution did not put any restrictions on the directly elected legislators, the apex court did not impose any directives upon the Prime Minister and the Chief Ministers.
- The judges said, “The prime minister, by virtue of the immense trust the constitution vests in his position, is duty bound to act in a manner consonant with the highest standards of public integrity.”
Introduction
India is a ‘Union of States.’[1] At present, the Indian Territory comprises of 29 states along with 7 Union territories. Part I (Article 1 – 4) of the Indian Constitution deals with the union and its territories. Article 2 under the same entrusts the parliament with powers regarding the admission or establishment of new states.
Article 2 of the Indian Constitution provides the parliament with the power of enacting a law in order to admit into the union, or establish new States ‘on such terms and conditions as it thinks fit.’ However, Article 2 does not cover the establishing or admission of a Union territory. In order to admit a Union territory, a constitutional amendment under Article 368 is to be passed.
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The phrase, ‘on such terms and conditions as it thinks fit,’ introduces the element of parliamentary discretion into the provision. However, in the case of Mangal Singh v. Union of India[2] the court adjudged that this power of parliament cannot override the constitutional scheme and such terms and conditions should be in consonance with the basic features of the constitution. The said words mean that within the framework of the Constitution, it is permissible for Parliament to prescribe terms and conditions on which a new State is admitted in the Union.[3] In addition to this, the power which the Parliament may exercise by law is supplemental, incidental or consequential to the admission, establishment or formation of a State as contemplated by the Constitution.[4]
Article 4 of the Constitution clarifies that admission of a new state can be made through a simple majority, and an amendment under Article 368 is not required for the same.
No Of Articles In The Indian Constitution 2019
The 35th Amendment Act inserted Article 2A and 10th schedule to the Indian Constitution in 1974. Sikkim was to be within the associated with the Indian Union. However, it would not be a part of Indian Territory. Sikkim was to have two representatives to the two houses. The defense, communications, external affairs, and social welfare of Sikkim was to be under the Government of India. However, the Government of Sikkim retained all the residuary powers. The relationship between India and Sikkim was that of a protectorate-vassal state.
Article 2 only empowers the Parliament to admit a new state into the Indian territories. However, through this amendment, the Government tried to introduce the concept of ‘associated state.’ This concept had no mention in the Constitution earlier.
The criticism lost its significance since the Parliament, through the 36th Amendment Act (1975), admitted Sikkim into the Union. Article 2A was repealed, Article 371F was introduced and 1st, 4th Schedule was amended respectively. Thus, Sikkim became the 22nd State of India on 26th April 1975.
Both Article 2 and 3 of the Indian Constitution deal with the States and Union territories. Article 2 grants two powers to the parliament:
- Admission of states which are already in existence.
- Establishing new states which were not in existence previously.
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- form a new state by separating a territory of any state, or by uniting two or more states or parts of states, or by uniting any territory to a part of any state;
- increase the area of any state;
- decrease the area of any state;
- alter the boundaries of any state;
- alter the name of any state.
Comparing both these provisions makes it quite evident that Article 2 deals with establishing or admission of a new state from outside the Indian Territory, however, Article 3 provides the power to create a new state from the existing states. It also provides certain powers to the parliament to change the territorial boundaries of such states.
During the drafting of the Indian Constitution, Mr. Naziruddin Ahmad (a member of the drafting committee) suggested that Articles 2 and 3 overlapped to a large extent and must be amalgamated. He proposed for a single provision, i.e., Article 2, which would carry within itself the powers authorized to parliament by Article 3. However, the proposed amendments by Mr. Ahmad were negatived by the Drafting committee through a consensus without any explanation for their decision.
No Of Articles In Indian Constitution Upsc
Part I of the Constitution lays down a base for the newly emerging states and thus, is the foundation of the Constitution. An essential power is vested upon the Parliament. There is provision for the discretion of parliament. However, the judiciary over time has looked into the scope of such discretion and adjudged accordingly. Thus, this system of checks and balances ensures that the constitutional framework is not breached.
[2] AIR 1967 SC 944.
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[3]R.C. Poudyal v. Union of India, AIR 1993 SC 1804.
When Did The Constitution Came Into Force?It Came Into Force On 26th January 1950.
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