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When Does Collective Responsibility Of The CoM Give Way To A Ministerís Individual Liability?

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.[1]

The collective responsibility under Article 75 of the Constitution of India has two meanings:
  1. All members of a Government are unanimous in support of its policies.
  2. 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.[2]

Congress today brushed off the Opposition competition of "collective responsibility" of the authorities withinside the 2G spectrum scam, retaining that individuals who have distorted the coverage and violated it are "struggling in jail". 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 collective responsibility.

"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.

The 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 exceptional voices.

End-Notes:
  1. State of Karnataka v. Union of India, AIR 1978 SC 68: (1977) 4 SCC 608: (1978) 2 SCR 1
  2. Common Cause v. Union of India, 1999 6 SCC 667

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