(1)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.(1A)The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the people.[Editorial comment-The Constitution (Ninety-first Amendment) Act, 2003, aimed to reduce the number of members serving on the Council of Ministers, prohibit traitors from holding public office and tighten the anti-betrayal regulations that had been adopted by the fifty-second amendment. This Amendment added clause 1A in Article 164, which states “the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed 15% of the total number of members of the Legislative Assembly of that State. It also mentioned that the number of Ministers, including the Chief Minister in a State shall not be less than twelve”. Similarly, changes were made to article 75. As mentioned in it, the PM shall be appointed by the president and the other Ministers shall be appointed by the President on the advice of the PM. Lastly, The total number of ministers, including the Prime Minister, in the COM shall not exceed 15% of the total strength of the Lok Sabha.Also Refer)](1B)A member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the tenth Schedule shall also be disqualifies to be appointed as a Minister under Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.(2)The Ministers shall hold office during the pleasure of the President.(3)The Council of Ministers shall be collectively responsible to the House of the People.(4)Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.(5)A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.(6)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.
