Article 75: 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. [(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.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 75

The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
2025 INSC 4818 April 2025Disposed of

a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
2024 INSC 78917 October 2024Reference answered

Issue arose as regards the constitutional validity of s.6A of the Citizenship Act; does s.6A offend preambular values like fraternity; s.6A, if ultra vires Part II of the Constitution; does s.6A create an unreasonable…
Association for Democratic Reforms & Anr. v. Union of India & Ors.
2024 INSC 11315 February 2024

The matter pertains to the constitutional validity of the Electoral Bond Scheme which introduced anonymous financial contributions to political parties; as also the constitutional validity of the provisions of the…
In Re: Article 370 of the Constitution v. .
2023 INSC 105811 December 2023Disposed of
Kaushal Kishor v. State of Uttar Pradesh & Ors.
2023 INSC 43 January 2023Reference answered
Central Public Information Officer, v. Subhash Chandra Agarwal
2019 INSC 123313 November 2019Disposed of
Rojer Mathew v. South Indian Bank Ltd. & Ors.
2019 INSC 123613 November 2019Disposed of
Shrimanth Balasaheb Patil v. Hon’Ble Speaker, Karnataka Legislative Assembly and Others
2019 INSC 123713 November 2019Disposed of
Govt. of NCT of Delhi v. Union of India
2019 INSC 19414 February 2019Disposed of
K. Lakshminarayanan v. Union of India & Anr.
2018 INSC 11616 December 2018Leave granted
Justice K. S. Puttaswamy (Retd.) v. Union of India & Ors.
2018 INSC 88026 September 2018Disposed of
Public Interest Foundation & Ors. v. Union of India & Anr.
2018 INSC 86225 September 2018Disposed of
Kalpana Mehta and Others v. Union of India and Others
2017 INSC 3149 May 2018Reference answered
Lok Prahari, Through Its General Secretary S. N. Shukla & Another v. Union of India Through Its Secretary & Others
2018 INSC 34816 April 2018Dismissed
Justice K S Puttaswamy (Retd.), and Anr. v. Union of India and Ors.
2017 INSC 80124 August 2017Reference answered
Bimolangshu Roy (Dead) Through Lrs v. State of Assam & Another
2017 INSC 67026 July 2017Appeal(s) allowed
Nabam Rebia, and Bamang Felix v. Deputy Speaker and Others
2016 INSC 52613 July 2016Appeal(s) allowed
Vipulbhai M. Chaudhary v. Gujarat Cooperative Milk Marketing Federation Limited and Others
2015 INSC 97819 March 2015Dismissed
Manoj Narula v. Union of India
2014 INSC 56827 August 2014Disposed of
D. Sudhakar & Ors. v. D.N. Jeevaraju & Ors.
2012 INSC 5225 January 2012Appeal(s) allowed
Pratap Chandra Mehta v. State Bar Council of M.P. & Ors.
2011 INSC 5629 August 2011Dismissed
B.P. Singhal v. Union of India and Anr.
2010 INSC 2867 May 2010Disposed of
Bhanumati Etc. Etc. v. State of Uttar Pradesh Through Its Principal Secretary and Others
2010 INSC 2694 May 2010Dismissed
Ashok Pandey v. Km. Mayawati and Ors.
2007 INSC 69413 June 2007Dismissed
Rameshwar Prasad and Ors. v. Union of India and Anr.
2006 INSC 4224 January 2006Disposed of
Special Reference No. I of 2002 v. .
2002 INSC 44528 October 2002Reference answered
S.R. Chaudhuri v. State of Punjab and Ors.
2001 INSC 37317 August 2001Appeal(s) allowed
Election Commission of India and Anr. v. Dr. Manmohan Singh and Ors.
1999 INSC 5371 December 1999Dismissed
Common Cause, A Registered Society v. Union of India & Ors.
1999 INSC 2993 August 1999Allowed
The State of Bihar and Ors. v. Subhash Singh
1997 INSC 933 February 1997Dismissed
S.P. Anand, Indore v. H.D. Deve Gowda and Ors.
1996 INSC 12936 November 1996Dismissed
R.K.Jain v. Union of India and Ors.
1993 INSC 20414 May 1993Disposed of
Om Narain Agarwal and Ors. Etc. v. Nagar Palika Shahjahanpur and Ors. Etc.
1993 INSC 6219 February 1993Granted
Kihoto Hollohan v. Zachillhu and Others
1991 INSC 28712 November 1991Disposed of
K.M. Sharma v. Devi Lal & Ors.
1990 INSC 19 January 1990Dismissed