The only crux of parliamentary democracy is joint ministerial responsibility.
The precept of collective obligation represents ministerial responsibility to
the legislature. In India, the Union Executive's doctrine of joint
responsibility to the House of the People and the State Executive to the
Legislative Assembly is predominantly enshrined in the Constitution. Article
75(3) provides for the collective accountability of the Council of Ministers to
the Lok Sabha.
It way that the Government should hold a majority withinside the
Lok Sabha as a situation of its survival. "The the object of Collective
Liability is to keep the entire body of persons holding ministerial office
collectively or if one might put it so," vicariously liable for the actions of
others relating to their collective breach so that even if an individual may not
be personally liable for it, he will still be deemed to share the blame with
those who may actually have.
The collective responsibility under Article 75 of the Constitution of India has
- All members of a Government are unanimous in support of its policies.
- The ministers, who had an opportunity to speak for or against the
policies in the cabinet are thereby personally and morally responsible for
its success and failure.
Congress today brushed off the Opposition competition of "collective
" of the authorities withinside the 2G spectrum scam, retaining
that individuals who have distorted the coverage and violated it are "struggling
While noting that once Congress speaks approximately jailed former
telecom minister A Raja, it does now no longer keep him criminally responsible,
birthday celebration spokesperson Abhishek Singhvi at the identical time stated
that such "aberrations"
with the aid of using a man or woman cannot cause
"When we communicate approximately Raja, we're now no
longer convicting him or retaining him criminally responsible or in charge that
the courtroom docket will determine. We are actually pronouncing that if he or
everybody like him - be it bureaucratic officials or ministers - distort a
coverage, bend a coverage, violate a coverage...These are genuine aberrations
for which certainly such folks are struggling in jail.
"The allegations in
opposition to them are that they modified the coverage now no longer as soon as
now no longer two times however three times to favor someone... Whether they are
responsible or now no longer, the courtroom docket will determine. But the
factor of the problem is that such genuine aberrations do now no longer outline
each person else. They cannot cause any collective legal responsibility or
guilt," Singhvi stated. The feedback with the aid of using Congress spokesperson
got here on an afternoon while the DMK held its trendy council assembly
within side the backdrop of the ultra-modern trends within side the 2G case.
Congress Core Group headed with the aid of using Sonia Gandhi, too, had an
assembly at which the birthday celebration's pinnacle brass including Prime
Minister Manmohan Singh turned into the present. The assembly occurred an
afternoon before a Delhi courtroom docket is to determine the plea of Janata
Party leader Subramanian Swamy to make Home Minister P Chidambaram an accused
within side the 2G case.
Article75(3) gives the
Collective Responsibility of Lok Sabha to the Council of Ministers. The
definition in the UK is one of individual and collective ministerial
responsibility. Our Constitution, however, affords most effective for Collective
Responsibility because of this that there may be no no-self-belief in an
unmarried Minister. The entire Council of Ministers is together accountable to
Lok Sabha for all actions of the Government. It is, therefore, standing or
dropping together. If the House loses its self-belief, it is appropriate for the
entire Council of Ministers to resign. Also, Collective Responsibility might
suggest that the Ministers need to now no longer communicate in public in
- State of Karnataka v. Union of India, AIR 1978 SC 68: (1977) 4 SCC 608:
(1978) 2 SCR 1
- Common Cause v. Union of India, 1999 6 SCC 667