Explain the principle of collective responsibility of Council of Ministers?

 Collective responsibility means that all the Ministers are collectively responsible before the Parliament for all acts of commission and omission of the Executive. 

Gujarat High Court in Dattaji Chirandas v. State of Gujarat, AIR 1999 Guj 48 observed that collective responsibility means all Ministers share collective responsibility even for decisions in which they have taken no part whatsoever or in which they might have dissented at the meeting of the Council of Ministers.

Collective responsibility means that members of Council of Ministers express a common opinion. It means unanimity and confidentiality.

The principle of collective responsibility is the bedrock of the parliamentary system. The object of collective responsibility is to make the whole body of persons holding Ministerial office collectively, or, if one may so put it, “vicariously” responsible for such acts of the others as are referable to their collective volition so that, even if an individual may not be personally responsible for it. Yet, he will be deemed to share the responsibility with those who may have actually committed some wrong.

The history of the principle, of collective responsibility in England shows that it was originally developed as against the King. The ministers maintained a common front against the king, accepted joint and several responsibility for their decisions whether they agreed with them or not, and resigned in a body if the king refused to accept their advice.

In relation to, the British Parliament, collective responsibility means that the cabinet presents a common front. In Melbourne’s famous phrase, ‘the cabinet ministers must all say the same thing’.

The principle of collective responsibility perhaps compels Ministers to compromise with their conscience but in matters of policy they have to speak with one voice, each one of them being responsible for the decision taken by the cabinet.

The relevant part of the Indian Constitution providing regarding collective responsibility are contained in Articles 75 (3) and 164 (2) as-75 (3)-

The Council of Ministers shall be collectively responsible to the House of the People. 164 (2)-

The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.

The essence of collective responsibility of the Council of Ministers is that the Cabinet is responsible to the Legislature for every action taken in any of the ministries. In other words the principle of collective responsibility governs only those acts which a Minister performs or can reasonably be said to have performed in the lawful discharge of his official functions.