Collective and Individual Ministerial Responsibility in India’s Parliamentary System

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

Ministerial responsibility is central to the parliamentary system, because it ensures the accountability of the government to the legislature and thus, ultimately, 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 states that the Council of Ministers i.e. CoM is collectively responsible to the Lok Sabha.
  • Ministerial responsibility implies that all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission. 
  • 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 stand by cabinet decisions and support them both within and outside the Parliament. 
• If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign.

Ministerial Disagreements in Indian Governance History

• Dr. B.R. Ambedkar resigned because of his differences with his colleagues on the Hindu Code Bill in 1953. 
• C.D. Deshmukh resigned due to his differences on the policy of reorganization of states. 
• Arif Mohammed resigned due to his opposition to 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 implies that the President can remove a minister even at a time when the Council of Ministers enjoys 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 the compliance of 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. 
• The Indian courts are also barred from reviewing the advice given by the Council of Ministers to the President.
• In Britain, every order of the King for any public act needs to be countersigned by a minister.
  • If the order is in violation of any law, the minister would be held responsible and would be liable in the court. 

How are Ministers appointed in India?

• The Prime Minister is appointed by the President, while the other ministers are appointed by the President 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 also 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. 
• 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 can vote only 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 the Cabinet Ministers consist of 15 to 18 ministers. 
• Cabinet Ministers attend the crucial meetings and play a crucial 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: They perform the same functions and exercise the same powers in relation to their ministries/departments as cabinet ministers do.
    • They are invited in the cabinet meetings when something important related to their departments/ministries is considered by the cabinet.

• Second- Attached to cabinet ministers, Ministers of State are given the charge of the departments of the ministries headed by the Cabinet Ministers or allotted specific items of work related to the ministries headed by the Cabinet Ministers. 
• 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 given independent charge of the ministries/departments. 
• They are generally attached to the Cabinet Ministers or Ministers of State to help them in their administrative, political and parliamentary duties. 
• Deputy Ministers do not constitute part of the cabinet. Hence, they do not attend the meetings of the cabinet. 

DOWNLOAD PDF