ARTICLE 75, 76 OF CONSTITUTION OF INDIA 1949

What is the meaning Council of Ministers to aid and advise President? What are the Other provisions as to Ministers? Article 74 and 75 of Constitution of India, 1949

Council of Ministers to aid and advise President and Other provisions as to Ministers are defined under Article 74 and 75 of Constitution of India 1949. Provisions under these Articles are:

Article 74 of Constitution of India “Council of Ministers to aid and advise President”

(1) 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.

(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.

Article 75 of Constitution of India “Other provisions as to Ministers”

(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.

(2) The Minister 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.