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RESPONSIBILITY OF MINISTERS

1. Collective Responsibility:

The idea of collective responsibility is the essential principle underlying the operation of the parliamentary system of governance. Article 164 expressly stipulates that the council of ministers is jointly responsible to the state's legislative assembly. This means that all ministers bear joint responsibility to the legislative assembly for all omissions and commissions. They operate together as a team and either swim or sink together. When the legislative assembly adopts a no-confidence motion against the council of ministers, all ministers, including those on the legislative council2, must resign. Alternatively, the council of ministers can advise the governor to dissolve the legislative assembly and call new elections on the grounds that the House does not accurately represent the opinions of the public. The governor may refuse to comply with a council of ministers that has lost the trust of the legislative assembly.

The notion of collective responsibility also implies that cabinet decisions bind all cabinet ministers (as well as other ministers), even if they are deferred in the cabinet meeting. Every minister owes obligation to the cabinet to support its choices both inside and outside the state legislature. Any minister who disagrees with a cabinet decision and is unwilling to defend it must resign. Several ministers have previously resigned due to disagreements with the cabinet.

2. Individual Responsibility:

Individual accountability is likewise enshrined in Article 164. It specifies that ministers serve at the pleasure of the governor. This means that the governor has the authority to remove a minister even if the council of ministers has the support of the legislative assembly. However, the governor may only remove a minister on the suggestion of the chief minister. In the event of a disagreement or unhappiness with a minister's performance, the chief minister may ask him to quit or advise the governor to remove him. By utilising this authority, the chief minister can ensure that the rule of collective responsibility is followed.

3. No Legal Responsibility:

The Constitution, like the Centre, makes no provision for a system of legal responsibility for ministers in the states. It is not necessary for a minister to countersign a governor's order for a public act. Furthermore, the courts are precluded from inquiring into the nature of the ministers' advice to the governor.

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