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Which one of the following statements is correct ? The Prime Minister of India
Explanation
Article 75 makes clear that while the President formally appoints other ministers, these appointments are made ‘on the advice of the Prime Minister’, which gives the Prime Minister the practical discretion to select his ministers subject to constitutional limits (for example the 15% cap on Council size) [1]. The President can therefore appoint only those persons recommended by the Prime Minister and does not exercise an independent choice in ordinary circumstances; ministers who are not Parliament members may be appointed but must become members within six months [2]. Constitutional provisions and convention establish that the President is bound by ministerial advice, so the Prime Minister has effective freedom in choosing cabinet colleagues.
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > Article 75-O ther Provisions as to Ministers > p. 213
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > APPOINTMENT OF MINISTERS > p. 214