Article 75(3) of the Indian Constitution is a cornerstone of India’s parliamentary system of government. It establishes the vital principle of collective responsibility, ensuring accountability of the executive (Council of Ministers) to the popularly elected legislature (Lok Sabha). This article mandates that the entire Council of Ministers must stand or fall together, reflecting the unity and solidarity of the executive branch.
This principle is fundamental to the functioning of a parliamentary democracy, where the government remains in power only as long as it retains the confidence of the lower house of Parliament. Article 75(3) highlights the intimate relationship between the executive and the legislature, crucial for effective governance and democratic accountability.
Original Text
75. Other provisions as to Ministers.— … (3) The Council of Ministers shall be collectively responsible to the House of the People.
Detailed Explanation
Article 75(3) succinctly articulates the principle of collective responsibility. This means that the entire Council of Ministers, headed by the Prime Minister, is treated as a single unit and is jointly answerable to the Lok Sabha for all their decisions and actions. If the Lok Sabha passes a no-confidence motion against the Council of Ministers or any minister, the entire Council must resign, even if the motion was directed at a single minister.
The rationale behind this principle is that all ministers are expected to support the decisions taken by the Council of Ministers, even if they may have had reservations during internal discussions. Once a decision is made, it becomes the decision of the entire cabinet, and every minister is responsible for it. This ensures governmental unity, prevents contradictory policies, and presents a united front to the legislature and the public. It also means that if the government loses the confidence of the Lok Sabha, it loses its mandate to govern, and the Council of Ministers must vacate office, paving the way for a new government or fresh elections.
Detailed Notes
- Core Principle: Establishes the collective responsibility of the Council of Ministers.
- To whom Responsible: The Council of Ministers is collectively responsible only to the House of the People (Lok Sabha).
- Meaning of Collective Responsibility:
- The Council of Ministers functions as a team.
- Decisions taken by the Cabinet are binding on all ministers.
- Every minister is responsible for cabinet decisions, whether or not they personally agreed during discussions.
- If a minister disagrees fundamentally with a cabinet decision and cannot defend it, the only honourable course is to resign.
- The entire Council of Ministers is answerable for the actions and inactions of individual ministers and the overall government policy.
- Mechanism of Accountability: The collective responsibility is enforced through the power of the Lok Sabha to pass a motion of no-confidence or defeat a money bill or any other important bill proposed by the government.
- Consequences of Loss of Confidence: If the Council of Ministers loses the confidence of the Lok Sabha (e.g., through a no-confidence motion), the entire Council of Ministers, including the Prime Minister, must resign.
- Solidarity Principle: It implies that ministers swim and sink together. An attack on one minister is considered an attack on the entire council.
- Relationship with Individual Responsibility: Article 75(2) mentions that ministers hold office during the pleasure of the President. This is individual responsibility, where a minister can be removed by the President on the advice of the Prime Minister. Collective responsibility (Article 75(3)) is distinct from individual responsibility. While the President can remove an individual minister on PM’s advice, the entire Council is removed when it loses the confidence of the Lok Sabha. Collective responsibility overrides individual responsibility in matters of policy and confidence.
- Role of Prime Minister: The Prime Minister is the head of the Council of Ministers and the linchpin of collective responsibility. The resignation or death of the Prime Minister automatically dissolves the Council of Ministers.
- Basis of Parliamentary System: This article is the bedrock of the parliamentary system of government in India, ensuring executive accountability to the legislature.
- Constitutional Convention: While the principle is enshrined in the constitution, its practical application is guided by constitutional conventions derived from the British parliamentary system.
Additional Comments
- The principle of collective responsibility is not merely a legal provision but also a political convention that fosters unity and coordination within the government.
- It ensures that the Lok Sabha can effectively control the executive and hold it accountable for its policies and administration.
- The Rajya Sabha (Council of States) does not have the power to pass a no-confidence motion against the Council of Ministers, reinforcing that collective responsibility is solely to the Lok Sabha.
- The President can dismiss the Council of Ministers only if it has lost the confidence of the Lok Sabha and refuses to resign, or if a vote of no-confidence is passed. The President acts on the aid and advice of the Council of Ministers, which is accountable to the Lok Sabha.
Summary
Article 75(3) of the Indian Constitution mandates that the Council of Ministers is collectively responsible to the House of the People (Lok Sabha). This fundamental principle ensures that the entire executive stands or falls together, reflecting governmental unity and requiring the Council of Ministers to resign if it loses the confidence of the Lok Sabha. It forms the basis of executive accountability in India’s parliamentary system, making the government answerable for its policies and actions to the popularly elected representatives.