Question

Who has the right to appoint ministers according to Article 75?

• A. President
• B. Prime Minister
• C. Vice-President
• D. Speaker of the Lok Sabha

Hint:

Distinguish between the 'real power' and 'formal power'. The Prime Minister has the real power to select the ministers, but the President has the formal constitutional power to appoint them based on the PM's advice. The question asks who has the 'right to appoint', which refers to the formal power.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks who holds the formal power to appoint ministers as per Article 75 of the Constitution.
Step 2: Key Concept:
Article 75(1) of the Constitution clearly lays down the procedure for the appointment of the Prime Minister and other ministers.
Step 3: Detailed Explanation:
Article 75(1) states: "The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister."
This means that although the Prime Minister chooses the members of their cabinet, the formal act of appointing them is performed by the President. The President is bound by the advice of the Prime Minister in this matter, but the constitutional right to appoint rests with the President.
Step 4: Final Answer
According to Article 75, the President has the right to appoint ministers.