Which of the following Articles states that the Prime Minister should be appointed by the President?
- (a)Article 75
- (b)Article 66
- (c)Article 62
- (d)Article 71
Answer
Why
Correct — A. Article 75(1) reads that 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.
The rest of Article 75 carries the terms of that office: Ministers hold office during the pleasure of the President, and the Council of Ministers is collectively responsible to the House of the People.
Note the verb. The Constitution never speaks of electing a Prime Minister — the office is filled by appointment, conventionally of whoever commands a majority in the Lok Sabha.
Why the others are wrong
- (b)Article 66 — Article 66 governs the election of the Vice-President by an electoral college of the members of both Houses of Parliament. It is about a different office and a different method.
- (c)Article 62 — Article 62 fixes when the election to fill a vacancy in the office of President must be held. It is a scheduling provision with nothing to say about the Prime Minister.
- (d)Article 71 — Article 71 sends disputes arising out of the election of a President or Vice-President to the Supreme Court, whose decision on them is final.
Concept
Articles 74 and 75 together carry the parliamentary executive. Article 74 requires the President to act on the aid and advice of a Council of Ministers headed by the Prime Minister, and Article 75 creates and conditions that Council.
Two sub-clauses are worth memorising because SSC asks them directly.
Article 75(3) makes the Council collectively responsible to the Lok Sabha.
Article 75(5) says a Minister who is not a member of either House for six consecutive months ceases to be a Minister.
Appointment by the President is formal, not discretionary: the President's choice is constrained by who can hold the confidence of the House.
Question numbers in this family are close together — 74, 75, 77, 78 — so learn them as a block rather than one at a time.
Key facts
- Article 75(1): the Prime Minister is appointed by the President and other Ministers on the Prime Minister's advice.
- Article 75(3): the Council of Ministers is collectively responsible to the Lok Sabha.
- Article 75(5): a Minister not a member of either House for six consecutive months ceases to hold office.
- Article 74 obliges the President to act on the advice of the Council of Ministers.
Study next
Common traps
- Treating the Prime Minister as elected by the Lok Sabha when the Constitution says appointed by the President.
- Mixing Article 75 with Article 78, which lists the Prime Minister's duties towards the President.
SSC keeps circling the executive articles: Article 77, on the conduct of the business of the Government of India, is asked on 9 Sep 2024, 16:00, GA Q.7, and the article providing that there shall be a Vice-President on 12 Sep 2024, 09:00, GA Q.12.
Related PYQs
No directly related past PYQ was found.