Article 75(5): Ministerial Membership Requirement

The question asks about the specific constitutional provision that states a Minister must resign if they are not a member of either House of Parliament for a continuous period of six months. Let's break down this requirement:

Understanding the Constitutional Rule

In India's parliamentary system, ministers are drawn from either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). While a person can be appointed as a minister even if they are not currently a member of Parliament, they must become a member of either House within a specific timeframe to continue holding their position. This ensures accountability to the legislature.

The Six-Month Clause

The Constitution of India lays down a condition regarding the tenure of a Minister in relation to their membership in Parliament. Specifically, if an individual is appointed as a Minister and remains a member of either the Lok Sabha or the Rajya Sabha for any period of six (6) consecutive months, they must cease to hold the office of Minister after that period expires. This rule mandates that ministers must eventually secure a seat in Parliament to continue serving.

Identifying the Correct Article

This specific rule is explicitly mentioned in the Constitution of India under the provisions related to the Council of Ministers.

• Article 75(5) states: "A minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiry of that period cease to hold his office as such."

This directly addresses the scenario described in the question. A Minister must be a member of Parliament, and if they fail to be a member for six consecutive months, their position automatically becomes vacant.

Analyzing Other Options

While other clauses within Article 75 deal with the Council of Ministers, they cover different aspects:

• Article 75(2) generally states that ministers hold office during the pleasure of the President.
• Article 75(3) deals with the principle of collective responsibility of the Council of Ministers to the House of the People (Lok Sabha).
• Article 75(4) relates to the oath of office and secrecy that ministers must take.

Therefore, the specific provision about ceasing to be a minister after six months of non-membership is found exclusively in Article 75(5).

Conclusion

The constitutional provision requiring a Minister to resign if they are not a member of either House of Parliament for six consecutive months is detailed in Article 75(5) of the Constitution of India.