Principle of Collective Responsibility

Principle of Collective Responsibility    

Article 75 of the Constitution of India says that the Council of Ministers is collectively responsible to the Lok Sabha. Which means all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission. 

When the Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers are liable to resign. 

The principle of collective responsibility also means that the Cabinet decisions bind all cabinet ministers (and other ministers) even if they differed in the cabinet meeting. It is the duty of every minister to stand by cabinet decisions and support them both within and outside the Parliament. If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign. Several ministers have resigned in the past owing to their differences with the cabinet. 

For example, Dr. B.R. Ambedkar resigned because of his differences with his colleagues on the Hindu Code Bill in 1953.

Important Judgements related to Collective Responsibility?

Common Cause v Union of India  

The Supreme Court held that the principle of collective responsibility has two meanings. Firstly, that all the members of a government are unanimous in support of policy. Secondly, the ministers are responsible for the success and failures of the policies.

S.P. Anand v H.D. Deve Gowda  

The court held that the principle of collective responsibility means all the ministers are collectively responsible for every decision taken whether their assent is present or no. 

Money Bill

Money Bill

Article 110 of the Constitution of India constins details of Money Bill.

A money bill is a type of legislation that deals with financial matters like taxation, public debt, and public expenditure. In India, money bills are introduced in the Lok Sabha (lower house) and then sent to the Rajya Sabha (upper house). 

Key features of money bills

Money bills are related to the Consolidated Fund of India, which is the government's main fund. 

Money bills can be used to appropriate money from the Consolidated Fund of India. 

Money bills can be used to regulate borrowing of money or giving of guarantees by the state. 

Money bills can be used to amend laws related to financial obligations of the state. 

Procedures followed for passing Money Bills  

The procedure for passing a money bill in India is outlined in the Constitution and involves the Lok Sabha and the Rajya Sabha. 

Step 1 The President recommends that a money bill be introduced in the Lok Sabha.

Step 2 A minister introduces the bill in the Lok Sabha.

Step 3 The bill is debated, and members can suggest amendments.

Step 4 A vote is held to pass the bill.

Step 5 If the bill passes the Lok Sabha, it is sent to the Rajya Sabha for consideration.

Step 6 The Rajya Sabha must return the bill to the Lok Sabha within 14 days.

Step 7 The Lok Sabha may accept or reject the Rajya Sabha's recommendations.

Step 8 If the Lok Sabha accepts the recommendations, the bill is passed by both Houses.

Step 9 If the President receives the bill, he can give or withhold his assent. 

Money bills are government bills that deal with financial matters that are important to the country's administration. The Speaker of the Lok Sabha certifies a bill as a money bill. 

Examples of money bills 

The Aadhaar Act

The Finance Act, 2017

The Finance Act, 2018

Court of Records

Constitutional Provisions

Article 129 and Article 215 of the Constitution of India, 1950 confers the powers pertaining to be the Court of Record to the Supreme Court of India and High Courts as such, respectively.

This legal designation imparts special powers and privileges to these courts, empowering them to maintain records, punish for contempt, and ensure the preservation of judicial authority.

Definition

A court of record is a court that keeps a permanent record of its proceedings and acts. This record can be used as evidence, and the truth of the records cannot be questioned. 

Features of a court of record

1. Record keeping: All proceedings and acts are recorded for testimony and future reference. 

2. Legal precedents: The records are considered to be legal references and evidentiary matter. 

3. Punishment for contempt: The court can punish for contempt of court. 

4. Preservation of judicial authority: The court ensures the preservation of judicial authority. 

Procedure for maintaining the records

(a) A court clerk or court reporter records oral proceedings.

(b) Each civil and criminal record has a pre-fixed index of its contents.

(c) The index is in a prescribed form.

(d) The record includes abstracts of the case, evidence, and judgment.

(e) The pages are numbered.

Purpose of a court of record

The main purpose of keeping records is to make sure that precedents are followed. 

Special address by the President of India - Article 87

Article 87 of the Constitution of India provides for special address by the President.

(1) At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.

Election Procedure for the President of India

 Election procedure for the President of India

Constitutional Provisions:

Article 54: Election of President

Article 55: Manner of election of President.

Article 56 :Term of office of President

Article 57: Eligibility for re-election.

Article 58: Qualifications for election as President

Procedure

The Indian President is elected through an electoral college system, wherein the votes are cast by MPs of Rajya sabha and lok sabha and all MLAs of all state assemblies.

The elections are conducted by the Election Commission of India.

Qualifications for Election as the President of India

 Qualifications for Election as President of India

Article 58(1) of the Constitution of India states the the person must 

(a) be a citizen of India,

(b) have completed the age of thirty-five years, and

(c) be qualified for election as a member of the House of the People.

As per Article 58(2) the person should not hold any office of profit in the central or state government.

Procedure for Removal of Supreme Court Judge in India

Q. Write conditions for removal of a Supreme Court Judge. [4 marks - 2023]

Q. What conditions are prescribed under Indian Constitution for removal of a Judge of Supreme Court of India?(4 marks - 2019]

Q. Write down the conditions for removal of Judge of Supreme Court. [4 marks - 2018]

Condition and Procedure for removal of a Supreme Court Judge in India

Article 124(4) of the Constitution of India provides that a Supreme Court judge can be removed on two conditions:

1. Proven misbehavior or 

2.Iincapacity. 

Procedure for removal involves:

(a) A committee considers the judge's conduct. 

(b) If the committee finds the judge guilty, both houses of Parliament pass a motion to remove the judge 

(iii) An address is presented to the President for the removal of the judge 

(iv) The President issues an order removing the judge