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The Constitution of India in English 2026: page 65

The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 65, typed edition 223d395df4de00897c78a4c0a752b32348d86f7c4f7013254fd4e03da46ceca0. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:32:36Z. SHA-256 ed1820c0a1100c2c6aa8ece835a8c8a60f996ae7eba30cc1798233683c66cfba.

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Source cover/preface date: 10th September, 2026. Preface amendment statement: Constitution (One Hundred and Sixth Amendment) Act, 2023. Embedded PDF title: Constitution of India_ 20 MAY 2026 (final).pdf. These are distinct source labels, not currentness or commencement approval.

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34                     THE CONSTITUTION OF INDIA
                              (Part V.—The Union)
                              Council of Ministers
       74. Council of Ministers to aid and advise President.—1[(1) There shall
be a Council of Ministers with the Prime Minister at the head to aid and advise
the President who shall, in the exercise of his functions, act in accordance with
such advice:]
       2
        [Provided that the President may require the Council of Ministers to
reconsider such advice, either generally or otherwise, and the President shall act
in accordance with the advice tendered after such reconsideration.]
      (2) The question whether any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court.
                                                          e
      75. Other provisions as to Ministers.—(1) The Prime Minister shall be
                                                    od
appointed by the President and the other Ministers shall be appointed by the
President on the advice of the Prime Minister. aC
       3                                   di
        [(1A) The total number of Ministers, including the Prime Minister, in the
                                        In
Council of Ministers shall not exceed fifteen per cent. of the total number of
members of the House of the People.
       (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 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.


1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.13, for cl. (1)
   (w.e.f. 3-1-1977).
2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 2 (w.e.f. 1-1-2004).

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