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Council Of Ministers Constitutional Provisions

Council Of Ministers:

The President of India, as advised by the Prime Minister, has directed the allocation of portfolios among the new members of the Council of Ministers on 7 July 2021.

  • Articles 74 & 75 of the constitution of India deal with the Council of Ministers and Prime Minister.
  • These articles have below provisions.
  • Article 74(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.
  • The president may require the council of ministers to reconsider such advice and president shall act in accordance with such advice reconsidered.
  • Article 74(2): What advice was tendered to the president cannot be inquired into any court.
  • Article 75(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.
  • Article 75(2): The Ministers shall hold office during the pleasure of the President.
  • Article 75(3): The Council of Ministers shall be collectively responsible to the House of the People.
  • Article 75(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
  • Article 75(5): A Minister must be a member of any of the houses within 6 months.
  • Article 75(6): Parliament will decide the salary and allowances of the Ministers and until parliament decides, so shall be as specified in the Second Schedule.

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