Article 75 and 164 of Indian Constitution

What is Article 75?

Article 75 of the Indian Constitution pertains to the appointment of the Prime Minister and the Council of Ministers. Here are the key points covered in Article 75:

Appointment of the Prime Minister: According to Article 75(1), the President of India shall appoint the Prime Minister, who is usually the leader of the majority party or coalition in the Lok Sabha. The Prime Minister is the head of the Council of Ministers.
Other Ministers: Article 75(2) states that the Prime Minister shall advise the President on the appointment and dismissal of other ministers. The Council of Ministers is collectively responsible to the Lok Sabha.
Council of Ministers: Article 75(3) specifies that the Council of Ministers consists of ministers appointed by the President on the advice of the Prime Minister. The total number of ministers, including the Prime Minister, should not exceed 15% of the total number of members of the Lok Sabha.
Council’s Tenure: Article 75(5) states that the Council of Ministers holds office during the pleasure of the President. However, they must have the confidence of the Lok Sabha. If the Council of Ministers loses the confidence of the Lok Sabha, it must resign.
Collective Responsibility: Article 75(6) establishes the principle of collective responsibility, where the Council of Ministers is collectively responsible to the Lok Sabha. This means that the entire Council is responsible for the decisions taken by any individual minister.

Article 75 is fundamental in defining the structure and functioning of the executive branch of the Indian government. It outlines the process for the appointment of the Prime Minister and the Council of Ministers and emphasizes the importance of their accountability to the Lok Sabha.

What is Article 164 ?

Apologies for the confusion in my previous responses. Article 164 of the Indian Constitution deals with the appointment of Ministers in the State Governments. Here are the key points covered in Article 164:

Council of Ministers for States: Article 164(1) states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor of a State. The Chief Minister is appointed by the Governor and is usually the leader of the majority party or coalition in the State Legislative Assembly.
Other Ministers: Article 164(2) provides that the Chief Minister shall advise the Governor on the appointment of other ministers. The total number of ministers, including the Chief Minister, in the State Council of Ministers, must not exceed 15% of the total number of members in the State Legislative Assembly.
Council’s Tenure: Article 164(4) states that the Council of Ministers holds office during the pleasure of the Governor. However, they must have the confidence of the State Legislative Assembly. If the Council of Ministers loses the confidence of the Assembly, it must resign.
Collective Responsibility: Article 164(5) establishes the principle of collective responsibility, where the Council of Ministers is collectively responsible to the State Legislative Assembly. This means that the entire Council is responsible for the decisions taken by any individual minister.

Article 164 plays a significant role in defining the structure and functioning of the executive branch in the States of India. It outlines the process for the appointment of the Chief Minister and other ministers and emphasizes their accountability to the State Legislative Assembly.