·PIB·15 marks·250–350 words

Discuss the constitutional process by which a Union Minister's resignation is formalised. Analyse the interplay between Articles 74 and 75 in this process.

In this answer
  1. The formal process, step by step
  2. Interplay of Articles 74 and 75

Under Article 75(2), Union Ministers hold office "during the pleasure of the President" [1]. Yet that pleasure is never personal — it is exercised on the binding advice of the Prime Minister under Article 74(1). A minister's exit therefore looks presidential in form but is prime-ministerial in substance.

The formal process, step by step

  • Tendering: the minister submits a written resignation to the Prime Minister, the constitutional head of the Council of Ministers.
  • Advice: the PM forwards it with a recommendation — the PIB communique on Shri Ghulam Nabi Azad's exit expressly recorded the "Prime Minister's recommendation" [2].
  • Acceptance: the President accepts it under clause (2) of Article 75; the resignation becomes operative only on acceptance, not on tendering [3].
  • Announcement: the President's Secretariat issues a short Press Communique through PIB, stating the resignation takes effect "with immediate effect" [3]. It is an announcement channel, not the legal instrument itself.
  • Consequential action: charge of the vacant ministry is assigned to another minister, again on PM's advice [3].

Interplay of Articles 74 and 75

  • Article 75 supplies the authority (pleasure doctrine, tenure), Article 74 supplies the restraint (aid and advice binding after the 42nd and 44th Amendments) [1].
  • The President's role is thus formal-authenticating, not discretionary; refusal would breach Article 74(1).
  • This preserves the PM's primacy over the Council while routing the act through a neutral head of state, protecting the office from partisan capture.
  • Article 75(3) ensures continuity — collective responsibility survives an individual exit, so the government does not fall.
  • The formula has stayed materially unchanged across decades of precedent, from Smt. Jayanthi Natarajan's resignation to recent ones [4].

Together, the two articles convert a political decision into a constitutionally authenticated act. Strengthening this convention — through timely communication and clear ministerial accountability — deepens the Westminster ideal of responsible government that the Constitution's framers embedded in Part V.

Sources

  1. 1The Constitution of India, Articles 74 & 75 — Legislative Department, Ministry of Law and Justicepleasure doctrine under Art. 75(2); binding aid and advice under Art. 74(1)
  2. 2Press Communique — Resignation of Shri Ghulam Nabi Azad from the Council of Ministers, PIBresignation accepted on the Prime Minister's recommendation
  3. 3Press Communique — Resignation from the Union Council of Ministers, PIB (2026)acceptance under Art. 75(2), immediate effect, reassignment of charge
  4. 4Press Communique — President accepts resignation of Smt. Jayanthi Natarajan from the Council of Ministers, PIBcontinuity of the same communique format across precedents

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