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Collective & Individual Responsibility (Article74 & 75)

Collective & Individual Responsibility (Article74 & 75)

What is Individual Ministerial Responsibility?

  • The principle of individual responsibility to the head of the State is embodied in Art. 75(2)-“The Ministers shall hold office during the pleasure of the the President.”
  • Article 164 also contains the principle of individual responsibility.
  • It states that the ministers hold office during the pleasure of the governor. This means that the governor can remove a minister at a time when the council of ministers enjoys the confidence of the legislative assembly.
  • But, the governor can remove a minister only on the advice of the chief minister.
  • In case of difference of opinion or dissatisfaction with the performance of a minister, the chief minister can ask him to resign or advice the governor to dismiss him.
  • By exercising this power, the chief minister can ensure the realisation of the rule of collective responsibility.

Article 74

  • This article Mentions how the Prime Minister and President are both connected with the council of ministers.
  • The Council with PM as head advise President on various issues.
  • The article states:
  • Council of Ministers to aid and advise President
  • 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
  • The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.            Collective & Individual Responsibility (Article74 & 75)

What is Collective Ministerial Responsibility?

  • Collective Ministerial Responsibility in the sole crux of Parliamentary democracy.
  • The principle of collective responsibility represents ministerial accountability to the legislature.
  • In India, the doctrine of collective responsibility of the Union Executive to the House of the People and of the State Executive to the Legislative Assembly is specifically enshrined in the Constitution.
  • This means that entire Council of ministers is a team that sinks or swims together.
  • So if the Lok Sabha passes a no confidence motion against the Council of ministers then all have to resign.
  • Only the Lok Sabha can pass the motion of no confidence; it can’t be against a single minister but the entire Council of ministers only.              Collective & Individual Responsibility (Article74 & 75)
  • The ‘collective responsibility’ has two meanings : the first that all the members of a government are unanimous in support of its policies and exhibit that unanimity on public occasions although while formulating the policies, they might have differed in the cabinet meeting;
  • The second that the Ministers, who had an opportunity to speak for or against the policies in the Cabinet, are thereby personally and morally responsible for their success and failure.

Article 75 in The Constitution Of India 1949

  1. Other provisions as to Ministers
  • 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
  • The Minister shall hold office during the pleasure of the President
  • The Council of Ministers shall be collectively responsible to the House of the People
  • 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
  • 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
  • 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 The Attorney General for India .                                        Collective & Individual Responsibility (Article74 & 75)

 

ALSO READ : https://www.brainyias.com/ethical-framework-for-ministers/

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