Article 74 of Constitution of India "Council of Ministers to aid and advise President"
(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:
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.
Article 75 of Constitution of India "Other provisions as to Ministers"
(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.
(2) The Minister 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.