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Under which Article of the Indian Constitution can a person not a member of Parliament be appointed as a Minister for a maximum period of 6 months?
Article 75(5)
Article 74
Article 76
Article 72
Article 75(5)
Article 75(5) of the Indian Constitution stipulates that a Minister who is not a member of either House of Parliament for a period of six consecutive months shall cease to be a Minister at the expiration of that period. This provision allows the executive to appoint experts or individuals outside the legislature to ministerial positions temporarily, provided they secure a seat within the specified timeframe.
Article 75(5) of the Indian Constitution stipulates that a Minister who is not a member of either House of Parliament for a period of six consecutive months shall cease to be a Minister at the expiration of that period. This provision allows the executive to appoint experts or individuals outside the legislature to ministerial positions temporarily, provided they secure a seat within the specified timeframe.
Article 75 is a cornerstone of the Parliamentary system of government in India, dealing specifically with the appointment, tenure, and responsibility of the Council of Ministers.
A person can be appointed as a Minister without being a member of Parliament initially.
The 6-month limit applies to the appointment as a Minister, not as the Prime Minister specifically, though the rule applies to both.
If the person fails to get elected or nominated to either House of Parliament within 6 months, they must resign from the ministerial post.
Article 74 deals with the Council of Ministers to aid and advise the President.
Article 76 relates to the office of the Attorney General for India.
Article 72 grants the President the power to grant pardons, reprieves, or remissions of punishment.
This constitutional provision ensures that the executive maintains accountability to the legislature while allowing for ministerial flexibility.
A is correct тАФ Article 75(5) explicitly grants a 6-month window for non-members of Parliament to hold ministerial office.
Link this with Article 164(4), which applies the exact same 6-month rule for State Ministers who are not members of the State Legislature.
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