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

Q. Discuss the constitutional process by which a Union Minister's resignation is formalised. Analyse the interplay between Articles 74 and 75 in this process. (15 marks, 250-350 words)

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.

(~330 words)

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