Collective responsibility

Tuesday, September 26, 2023 6:21 AM

Collective Responsibility is the basis of the Parliamentary system of Government. The Council of
Ministers is collectively responsible to the House of the People This means that all the ministers
(including the ones selected from the Rajya Sabha) are jointly responsible for the Lok Sabha.

• This is the bedrock principle of parliamentary form of government.

• Article 75 of the Constitution of India says that the Council of Ministers is collectively
responsible to the Lok Sabha.

1. Binding Cabinet Decisions: Cabinet decisions are binding on all members of the Council of
Ministers. This principle emphasizes collective decision-making, requiring ministers to present a
united front. Once a decision is made in the Cabinet, all ministers are equally responsible for
supporting it, particularly in Parliament.

2. Resignation in Case of Disagreement: If a minister disagrees with a Cabinet decision, they must
resign from their position. It is essential for all ministers to take responsibility for the decisions
made by the Cabinet.

3. Vote of No Confidence: In the event of a vote of no confidence against one minister, the entire
ministry must resign. This aspect underscores that ministers collectively succeed or fail
together. If the legislature expresses a lack of confidence in the government's policies or even a
single minister, it is regarded as a vote of no confidence in the entire Council of Ministers,
necessitating the resignation of the entire Cabinet.

4. Parliamentary Accountability: The principle of collective responsibility extends to the Parliament.

When Cabinet decisions or government policies are debated or questioned in Parliament, it is the duty
of all ministers to provide explanations, justifications, and defend those decisions.

5. Collective Support: Once a decision is taken by the Cabinet, all members of the Council of Ministers are
expected to publicly support and defend that decision, both inside and outside Parliament. This means
that even if individual ministers had differing opinions during Cabinet discussions, they must present a
united front in support of the decision.

• Common Cause v Union of India case –

• The Supreme Court held that the principle of collective responsibility has two meanings.
• Firstly, that all the members of a government are unanimous in support of policy.
• Secondly, the ministers are responsible for the success and failures of the policies.

S.P. Anand v H.D. Deve Gowda case –

• The court held that the principle of collective responsibility means all the ministers are
collectively responsible for every decision taken whether their assent is present or not.
• It means their decisions must have unanimity and confidentially.
• This is great weapon in the hands of Prime Minister through which he maintains unity and
discipline in his cabinet

This principle ensures unity and accountability within the government, emphasizing that ministers must
publicly support Cabinet decisions and be prepared to resign if they cannot do so.

Constitutional Law -2 Page 1