Article 76: Constitution of the Council of Ministers

1) The President shall appoint the leader of a parliamentary party that commands a majority in the House of Representatives as the Prime Minister, and the Council of Ministers shall be constituted under his or her chairpersonship.

2) In cases where no party has a clear majority in the House of Representatives under clause (1), the President shall appoint as the Prime Minister a member of the House of Representatives who can command a majority with the support of two or more parties represented in the House of Representatives.

3) In cases where the Prime Minister cannot be appointed under clause (2), no later than thirty days after the date of declaration of the final results of election to the House of Representatives or the Prime Minister so appointed fails to secure a vote of confidence under clause (4), the President shall appoint as the Prime Minister the parliamentary party leader of the party which has the highest number of members in the House of Representatives.

4) The Prime Minister appointed under clause (2) or (3) shall obtain a vote of confidence from the House of Representatives no later than thirty days after the date of such appointment.

5) In cases where the Prime Minister appointed under clause (3) fails to obtain a vote of confidence under clause (4) and any member under clause (2) presents a ground on which he or she can obtain a vote of confidence in the House of Representatives, the President shall appoint such member as the Prime Minister.

6) The Prime Minister appointed under clause (5) must obtain a vote of confidence under clause (4).

7) In cases where the Prime Minister appointed under clause (5) fails to obtain a vote of confidence or the Prime Minister cannot be appointed, the President shall, on recommendation of the Prime Minister, dissolve the House of Representatives and appoint a date of election so that the election to another House of Representatives is completed within six months.

8) Procedures on the appointment of the Prime Minister under this Article must be completed no later than thirty-five days after the date of declaration of the final results of the election to the House of Representatives held under this Constitution or the date on which the office of the Prime Minister has fallen vacant.

9) The President shall, on recommendation of the Prime Minister, constitute the Council of Ministers comprising a maximum of twenty-five Ministers, including the Prime Minister, in accordance with the inclusive principle, from amongst the members of the Federal Parliament.

Explanation: For the purposes of this Article, “Minister” means a Deputy Prime Minister, Minister, Minister of State, and Assistant Minister.

10) The Prime Minister and Ministers shall be collectively responsible to the Federal Parliament, and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the Federal Parliament.