Collective and Individual Ministerial Responsibility in India’s Parliamentary System

Ministerial Responsibility in India’s Parliamentary System for Transparency and Governance: 

Ministerial responsibility is fundamental to the parliamentary system as it guarantees the government’s answerability to the legislature and, consequently, to the population. Ministers—known as Council of Ministers in India—have both a collective and an individual responsibility to the parliament.

Collective Ministerial Responsibility in the Parliamentary System for Effective Governance

• Principle of collective responsibility is the fundamental principle underlying the working of the parliamentary system. 
• Article 75: explicitly declares that the Council of Ministers (CoM) is collectively responisble to the Lok Sabha.
  • Ministerial responsibility signifies that all ministers share collective responsibility to the Lok Sabha for all their acts of omission and commission. 
  • Ministerial responsibility implies that all the ministers own joint responsibility to the Lok Sabha 
  • Ministerial responsibility has a philosophy of working as a team and swimming or sinking together. 
• When the Lok Sabha passes a No-Confidence Motion against the CoM, all the ministers have to resign including those ministers who are from the Rajya Sabha. 
• CoM can advise the president to dissolve the Lok Sabha on the ground that the House does not represent the views of the electorate faithfully and call for fresh elections. 
  • The President may not oblige the CoM that has lost the confidence of the Lok Sabha. 
• The principle of collective responsibility connotes that the Cabinet decisions bind all cabinet ministers (and other ministers) even if they differ in the cabinet meeting. 
• It is the duty of every minister to uphold cabinet decisions and support them both within and outside Parliament. 
• If any minister disagrees with a cabinet decision and is unwilling to uphold it, they must resign.

Ministerial Disagreements in Indian Governance History

• Dr. B.R. Ambedkar resigned in 1953 due to his disagreements with his colleagues regarding the Hindu Code Bill.
  
• C.D. Deshmukh resigned because of his differences regarding the policy of state reorganization. 
• Arif Mohammed resigned because of his dissent against the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Individual Ministerial Responsibility and Presidential Authority in the Indian Government

• Article 75 connotes the principle of individual responsibility. 
  • It states that the ministers hold office during the pleasure of the president.
  • This means that the President has the authority to dismiss a minister even when the Council of Ministers retains the confidence of the Lok Sabha. 
• The President removes a minister only on the advice of the Prime Minister.  
  • The PM can ask him to resign or advise the President to dismiss him on account of difference of opinion or dissatisfaction with the performance of a minister.
• The Prime Minister can ensure compliance with the rule of collective responsibility by exercising this power.

Legal Accountability and Ministerial Responsibility: A Comparative Analysis of  British and Indian Governance Systems

• Unlike Britain, in India there is no provision for the system of legal responsibility of a minister mentioned in the constitution. 
• System of legal responsibility implies an order of the President for a public act should not be countersigned by a minister. 
• Indian courts are prohibited from reviewing the advice provided by the Council of Ministers to the President.
  
• In Britain, every order of the King for any public act must be countersigned by a minister.
  
  • If the order violates any law, the minister would be held accountable and could be subject to legal liability.
    

How are Ministers appointed in India?

• The President appoints the Prime Minister, while the other ministers are appointed by the President based on the advice of the Prime Minister.
  • This implies that the President can appoint only those persons as ministers who are recommended by the Prime Minister. 
• A person who is not a member of either House of Parliament can still be appointed as a minister. 
  • However, within six months, he must become a member (either by election or by nomination) of either House of Parliament; otherwise, he ceases to be a minister. 
• Voting Rights: A minister who is a member of one House of Parliament has the right to speak and to take part in the proceedings of the other House, but he is only permitted to vote in the House of which he is a member. 

Ministerial Responsibility within the Hierarchy of Cabinet, Ministers of State, and Deputy Ministers in India

1. Cabinet  Minister

• The Cabinet Ministers head the important portfolios of the Central Government such as the Home Ministry, Finance Ministry, Defence Ministry, External Affairs Ministry etc. 
• Generally, a cabinet consists of 15 to 18 ministers. 
• Cabinet ministers attend crucial meetings and play a vital role in the policy formation of the nation. 

2. Minister of State 

• The Minister of State performs the same functions and exercises the same powers as Cabinet Ministers do with their dept. and ministries.
• There are two types.
  • First: Ministers of state when given independent charge:, perform the same functions and exercise the same powers in relation to their ministries/departments as cabinet ministers do.
    • They are summoned to Cabinet meetings when matters pertinent to their departments/ministries are under consideration.

• • Second: Ministers of State attached to cabinet ministers, They are given the charge of the departments of the ministries headed by the Cabinet Ministers or specific responsibilities related to those ministries. 
• In both cases, State ministers work under the supervision and guidance of the Cabinet Ministers.  
• They are not members of the cabinet. Hence, not entitled to attend the cabinet meetings until they are not invited. 

3. Deputy Ministers

• Deputy Ministers are the lowest in rank.
• They are not assigned independent responsibilities for the ministries/departments. 
• Generally, they are appointed to assist Cabinet Ministers or Ministers of State in their administrative, political, and parliamentary responsibilities. 
• Deputy ministers are not included in the cabinet, so they do not participate in cabinet meetings.