Individual Responsibility of Ministers
Indian Polity › Prime Minister and Council of Ministers · Topic 15.5
Ministers hold office at the President’s pleasure and are removed on the Prime Minister’s advice; unlike Britain, India has no legal responsibility, no countersignature and a bar on courts inquiring into ministerial advice.
5 min read · UPSC Prelims · Polity · Prime Minister and Council of Ministers
At a Glance
- What it is The principle that each minister answers to the President and the Prime Minister
- Article Article 75(2)
- Basis Pleasure of the President
- No legal responsibility No countersignature, no inquiry into advice
- Exam link UPSC Prelims, Polity: Prime Minister and Council of Ministers
Where Does It Fit?
This is the fifth topic of the category on the Prime Minister and Council of Ministers. Alongside collective responsibility, Article 75 contains the principle of individual responsibility.
Pleasure of the President
Article 75 states that ministers hold office during the pleasure of the President. This means the President can remove a minister even when the council of ministers enjoys the confidence of the Lok Sabha. However, the President removes a minister only on the advice of the Prime Minister. In case of a difference of opinion or dissatisfaction with a minister’s performance, the Prime Minister can ask the minister to resign or advise the President to dismiss him or her. By exercising this power, the Prime Minister can ensure the realisation of collective responsibility.
Ambedkar on the Prime Minister and Responsibility
Dr Ambedkar observed in the Constituent Assembly that collective responsibility can be achieved only through the instrumentality of the Prime Minister. Therefore, unless the office is created and endowed with statutory authority to nominate and dismiss ministers, there can be no collective responsibility. The individual responsibility of ministers is thus linked to the Prime Minister’s position as the head of the council.
No Legal Responsibility
In Britain every order of the King for any public act is countersigned by a minister. If the order violates any law, the minister is responsible and liable in court. The legal maxim is that the king can do no wrong, so the king cannot be sued. In India there is no provision in the Constitution for the legal responsibility of a minister. An order of the President for a public act need not be countersigned by a minister. The courts are barred from inquiring into the nature of the advice rendered by ministers to the President, which removes any possibility of legal liability for advice. This distinguishes the Indian system from the British, where there is a system of legal responsibility of ministers.
The Supreme Court on the Satisfaction of the President
In Shamsher Singh v. State of Punjab (1974), the Supreme Court held that wherever the Constitution requires the satisfaction of the President, it is not the personal satisfaction of the President but the satisfaction of the council of ministers with whose aid and advice the President exercises powers. In U.N.R. Rao v. Indira Gandhi (1971) it held that Article 74 is mandatory and any exercise of executive power without the council’s advice would be unconstitutional. These rulings reinforce the idea that the President acts through the ministers, and that ministers, in turn, answer politically to Parliament and the Prime Minister.
Article 74(2) says the advice tendered by ministers shall not be inquired into in any court. This emphasises the intimate and confidential relationship between the President and ministers, and it is the reason there is no legal responsibility attached to ministerial advice in India.
Individual Responsibility in Practice
| Aspect | Position |
|---|---|
| Removal of a single minister | By the President on the Prime Minister’s advice, even when the council has the Lok Sabha’s confidence |
| Resignation over differences | Required if the minister cannot support a cabinet decision |
| Departmental failure | The Prime Minister can ask for resignation |
| Ministerial vacancy | Resignation or death of a minister merely creates a vacancy that the Prime Minister may or may not fill |
| Courts | Cannot inquire into the advice to the President |
The principle is individual in a political sense: a minister answers for the department to Parliament through question hour and debates, and to the Prime Minister for performance. It is not a legal liability as in Britain. The same ministers who are individually answerable for their departments are bound by cabinet solidarity on matters decided collectively.
Why Is This Topic Important?
- Comparison with Britain Legal responsibility is a classic question
- Ambedkar quote Often quoted
- Pleasure doctrine Link to Article 75(2)
What Came Next?
The next topic covers cabinet committees and their functioning.
Key People and Terms
- Pleasure of the President Basis of tenure
- Countersignature Minister’s signature on the king’s order
- Legal responsibility Liability in court for acts
- Cabinet solidarity United front on decisions
- Dismissal On the PM’s advice
Exam Corner
Points to Remember
- Individual responsibility: Article 75(2).
- Removal on the PM’s advice.
- India has no legal responsibility of ministers.
- No countersignature in India.
Do Not Confuse With
- Collective and individual Council versus minister
- India and Britain Legal responsibility only in Britain
- Pleasure of the President and the PM’s will President acts on PM’s advice
Memory Hook
At the President’s pleasure, on the PM’s advice; no countersign, no court.
Mains Angle
Questions on this topic usually ask about the Prime Minister’s control. Use these points to add depth.
- PM controls Dismissal power enforces solidarity
- No legal liability Differs from Britain
- Court bar Article 74(2)
- Political accountability Through Parliament
A Question You May Face
An original practice question, not a past paper question.
“Distinguish between collective and individual responsibility of ministers and discuss the absence of legal responsibility in India.”
How to Answer
- Introduction Article 75.
- Individual Pleasure doctrine.
- Legal responsibility India versus Britain.
- Conclusion Political accountability.
GS Relevance
Frequently Asked Questions
What is individual responsibility of ministers?
Individual responsibility means ministers hold office during the pleasure of the President, so the President can remove a minister even if the council has the Lok Sabha’s confidence, but only on the Prime Minister’s advice, usually after a difference of opinion or dissatisfaction.
Can the President dismiss a minister on his own?
No. The President removes a minister only on the advice of the Prime Minister. The Prime Minister can ask the minister to resign or advise the President to dismiss the minister, which helps enforce collective responsibility.
Do Indian ministers have legal responsibility?
No. There is no provision in the Constitution for the system of legal responsibility of ministers. It is not required that an order of the President be countersigned by a minister, and courts cannot inquire into the advice ministers give to the President.
How does India differ from Britain on ministerial responsibility?
In Britain every order of the King is countersigned by a minister who is liable in court if the order violates law. In India no countersignature is required, and no legal liability attaches to ministers for the advice they give.
What did Dr Ambedkar say about collective responsibility?
He said that collective responsibility can be achieved only through the instrumentality of the Prime Minister, and unless the office is endowed with authority to nominate and dismiss ministers, there can be no collective responsibility.
PYQ Practice — Statement Analysis
1 Ministers in India are legally responsible for the President’s acts.
There is no legal responsibility.
2 The President removes a minister on the advice of the Prime Minister.
Under Article 75(2).
3 Orders of the President in India must be countersigned by a minister.
Not required.
4 The resignation of one minister dissolves the council.
Only the PM’s resignation does.
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