Q. Which of the following type(s) of responsibility is enforced by the Constitution on the Council of Ministers?
1. Collective Responsibility
2. Individual Responsibility
3. Legal Responsibility
Select the correct answer using the code given below.

[A] 1, 2 and 3

[B] 1 only

[C] 2 and 3 only

[D] 1 and 2 only

Answer: D
Notes:

Exp) Option d is the correct answer.

Statement 1 is correct: Article 75 states that the Council of Ministers are collectively responsible to the Lok Sabha. When the Lok Sabha passes a no-confidence motion against the Council of Ministers, all the ministers have to resign including those ministers who are from Rajya Sabha.

Statement 2 is correct: Article 75 also contains principle of Individual responsibility. It states that ministers hold office during the pleasure of President. The President can remove the minister only on the advice of Prime Minister.

Statement 3 is incorrect: In Britain, every order of the King is countersigned by a minister, thus making the minister legally responsible for the action. But in India, all orders are issued in the name of the President, hence there is no provision for legal responsibility

Important Tips

The Constitution does not provide for a system of ministerial legal responsibility in the states, as it does at the federal level. An order of the governor for a public act does not need to be countersigned by a minister. Furthermore, the courts are prohibited from inquiring into the nature of the ministers’ counsel to the governor.

 

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