UPSC Prelims 2012 Q53: Indian Polity – Union & State Executive
- (a) need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the Houses within six months
- (b) need not necessarily be a member of one of the Houses of the Parliament but must become a member of the Lok Sabha within six months
- (c) must be a member of one of the Houses of the Parliament
- (d) must be a member of the Lok Sabha
Answer: (a) need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the Houses within six months
Explanation
Membership of Parliament and the Prime Minister
The Constitution does not require the Prime Minister to be a member of Parliament on the day of appointment.
Article 75(5) says a Minister who is not a member of either House for six consecutive months ceases to be a Minister.
| Option | Verdict | Reason |
|---|---|---|
| (a) Need not be a member, but must become a member of one of the Houses within six months | Correct | Article 75(5); either House will do |
| (b) Must become a member of the Lok Sabha within six months | Incorrect | The Rajya Sabha is also allowed |
| (c) Must be a member of one of the Houses | Incorrect | Not needed at the time of appointment |
| (d) Must be a member of the Lok Sabha | Incorrect | Several Prime Ministers were Rajya Sabha members |
Examples:
| Prime Minister | House |
|---|---|
| Indira Gandhi (1966) | Rajya Sabha |
| H.D. Deve Gowda (1996) | Not a member of Parliament when appointed; later Rajya Sabha |
| Manmohan Singh (2004 to 2014) | Rajya Sabha |
Answer: (a) need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the Houses within six months.
Why each option is right or wrong
- (a) CORRECT. Under Article 75(5) the Prime Minister must join either House within six months.
- (b) Incorrect. Membership of the Rajya Sabha is enough; the Lok Sabha is not compulsory.
- (c) Incorrect. A person need not be a member of Parliament at the time of appointment.
- (d) Incorrect. The Constitution does not require the Prime Minister to be from the Lok Sabha.
Key point
Article 75(5): a Minister, including the Prime Minister, must become a member of either House within six consecutive months. Article 75(1): President appoints the Prime Minister.
Remember
PM: any House, within six months (Article 75(5)).
Common mistakes
- Applying the British convention that the Prime Minister must sit in the lower House.
- Forgetting that the six-month rule applies to all Ministers.
- Thinking Manmohan Singh was a Lok Sabha member; he sat in the Rajya Sabha.
Exam tip
Either House, six months. Any option that insists on the Lok Sabha is wrong.
Sources
- Constitution of India — Article 75
- M. Laxmikanth — Indian Polity, Ch on Prime Minister