A Minister who for any period of six (6) consecutive months is not a member of either House of Parliament shall cease to be a Minister after the expiry of this period. This is mentioned in which Article of the Constitution?
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.
Important Questions from Parliament
Which of the following is/are the exclusive power(s) of Lok Sabha?
- To ratify the declaration of Emergency
- To pass a motion of no-confidence against the Council of Ministers
- To impeach the President of India
Select the correct answer using the code given below:
With reference to Deputy Speaker of Lok Sabha, consider the following statements:
- As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix.
- There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.
- The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his
- The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime
Which of the statements given above are correct ?
Which of the following Constitutional Amendments restricts the total number of Ministers, including the Prime Minister in the Council of Ministers shall not exceed fifteen percent of the total number of members of the House of the People?
- With regard to a Constitution Amendment Bill, which one of the following statements is not correct?
- Cut Motion' can be introduced after the presentation of :
