The Bengal elections are its result has been one of the in-trending news for a long time. Now the results have been announced, and TMC won again in West Bengal. Still, their leader and candidate for CM’s post, Mamta Banerjee, lost the election in Nandigram to Suvendu Adhikari. But, despite losing elections to her rival, Mamta Banerjee took the oath to be CM of the state. How is it possible? Article 164 (A) in the constitution gives her the right to be CM of the states. in the Article; we will discuss what Article 164 is and what is Article 75 and its role in states.
If you are preparing for the Civil Services exam, you must know about the important Articles of the constitution. Suppose you connect any particular Article with a particular situation. In that case, it will become easy for you to keep in mind. in order to educate you about the important Articles of India’s Constitution today, we will elaborate you What is Article 164? Let’s know about this one first; then, we will find out what is Article 75?
What is Article 164?
Under Article 164 of the Indian constitution, instructions have been provided about the appointment of ministers in a state. The Governor of the state has to take the responsibility to appoint a Chief Minister after the election. After appointing CM, the Governor has to appoint the ministers based on the newly appointed Chief Minister’s suggestions. the capacity of the cabinet of the state (including CM) should not be more than 15% of the Vidhan Sabha members. the minimum number of members in the cabinet should not be less than 12. Article 164 also says the ministry council has a collective responsibility towards Vidhan Sabha. It signifies that success and failure both will be for the whole team, not an individual minister.
Read the below mentioned points under Article 164;
- Article 164 (1): Under this provision, the Governor of the state appoints the Chief Minister. In states like Orissa, Bihar, Chhattisgarh, Madhya Pradesh, and others where the tribal population is high, a minister is appointed for tribal welfare, and he has to also look at the matter related to the welfare of Schedule Castes (SC) and Backward Classes (BC).
- Article 164 (2): The ministers’ council will be responsible to the Vidhan Sabha (Legislative Assembly) of the state.
- Article 164 (3): CM and the ministers of the state will take the oath of office and secrecy as per the constitution under the supervision of the Governor of the state.
- Article 164 (4): All the ministers must be a member of Legislative Assembly in the next six months. After six months’ time is still the minister is not a member of any house, then he has to resign from his post.
So, according to clause 4 of article 164, Mamta Banerjee can be the CM of West Bengal, but she has to be a member of either Vidhan Sabha or Vidhan Parishad for the next six months. It is not the first time that a CM is not an elective member of Vidhan Sabha. It has happened earlier as well., when Mamta Banerjee become the CM of WB for the first time, she was not an elective member of Vidhan Sabha. In Maharashtra, the present CM Udhav Thackery was not a member of Vidhan Sabha and Vidhan Parishad when he took the oath to be the CM of the state.
What is Article 75?
Now let’s know more about Article 75 of the constitution of India, but before this, we have to grab some information about Article 74. According to the nation’s constitution, the President needs a Ministry Council to take aid and advise. The Prime minister is the अध्यक्ष (head) of this Ministry Council. Article 74 has detailed information about the ministry council and the Prime Minister and their rights.
As you know, the President appoints the Prime Minister, and based on PM’s decision; he appoints ministers. In Article 74, it is described that the President works based on the advice of the ministry of the council. However, the President may ask the ministry of the council to reconsider their advice. the advice tender by the ministers to the President shall not be inquired in any court. the present look of Article 74 is different from its original compiled form. The Article has two important amendments.
In 42nd Amendment to Article 74, it was added that the President has to act in accordance to the advice given by ministers of the council. An in 44th Amendment, the President, received the rights to require the ministry council to reconsider their advice. President shall act in accordance to the advice tender after reconsideration.
In Article 74, the constitution describes the Ministry of Council and PM and Presidents. In this Article of the constitution, it is described that how the President acts in accordance with the advice of the Ministry of Council. Now let’s know about Article 75.
Article 75 of the constitution of India has detailed information about the appointment of the ministers. the President appoints the Prime Minister, and according to the PM’s advice, he appoints other ministers of the cabinet.
Generally, we think that to be a minister; you need to either win the election to be a member of Lok Sabha or you need to be a member of Rajya Sabha. But you can be a minister in the central government without participating in the election or being a member of the Lok Sabha and Rajya Sabha.
Article 75 gives the right to the President to appoint someone as a minister in the Ministry of Council or Prime Minister. According to Article 74, the President cannot take this decision on his own but follow the advice of the ministry of the council. The newly appointed person will be having six months of time to be a member of the Lok Sabha or Rajya Sabha. For example, in 2014, Smriti Irani got defeated in Amethi but was appointed as HRD minister in the Cabinet of Central Ministry. Here look at the important points of Article 75. the quick information about the Article will help you out to keep in mind what is Article 75;
- Prime Minister shall be appointed by the President of India. According to the advice of the PM, the President shall appoint the other ministers.
- the Council of the Ministers (including PM) is collectively responsible to the house of people. The success and failure will be for the council, not for an individual minister.
- the Prime Minister and the other minister shall start their work after the oath-taking ceremony. The President shall administer to the PM and the Ministers the oaths of office and of secrecy.
- A minister who is not a member of any of the houses of Parliament has to be a member within six months. At the expiration of the six months period, the position of the minister will be ceased.
- The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule. (Source)