Previous Year Question
Consider the following statements:
The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
The Union Ministers shall hold the office during the pleasure of the President of India.
The Prime Minister shall communicate to the President about the proposals for legislation.
Which of the statements given above is/are correct?
1 only
2 and 3 only
1 and 3 only
1, 2 and 3
Correct Answer: B
Detailed Solution
Statement 1 is incorrect. Under Article 75(3) of the Constitution, the Union Council of Ministers is collectively responsible not to Parliament as a whole but specifically to the Lok Sabha.
Parliament consists of the President, the Lok Sabha and the Rajya Sabha. Therefore, describing the Council as collectively responsible to Parliament is technically incorrect. The Rajya Sabha may discuss government policies, question Ministers and pass a censure motion, but it cannot remove the Council of Ministers through a No-Confidence Motion.
Statement 2 is correct. Under Article 75(2), Ministers hold office during the pleasure of the President.
This does not mean that the President can dismiss an individual Minister according to personal discretion. Under the parliamentary system, the President ordinarily appoints or removes a Minister on the advice of the Prime Minister. If a Minister refuses to resign when asked by the Prime Minister, the Prime Minister may advise the President to dismiss that Minister.
Statement 3 is correct. Article 78 governs constitutional communication between the Prime Minister and the President. The Prime Minister must communicate to the President all decisions of the Council of Ministers relating to Union administration and proposals for legislation.
Duties of the Prime Minister under Article 78
The Prime Minister must:
Communicate to the President all decisions of the Council of Ministers relating to Union administration and proposals for legislation.
Furnish information relating to Union administration and legislative proposals when called for by the President.
Submit to the Council of Ministers, if the President so requires, a matter decided by an individual Minister but not considered by the Council.
Related constitutional facts
Article 74: There is a Council of Ministers headed by the Prime Minister to aid and advise the President.
Article 75(1): The President appoints the Prime Minister and appoints other Ministers on the Prime Minister’s advice.
Article 75(2): Ministers hold office during the pleasure of the President.
Article 75(3): The Council of Ministers is collectively responsible to the Lok Sabha.
Article 75(5): A Minister who is not a member of either House of Parliament for six consecutive months ceases to be a Minister.
Therefore, only Statements 2 and 3 are correct.