Question

Which of the following statements is/are correct about the Council of Ministers?

1. A Minister who is a member of the house of Parliament has the right to speak and take part in proceedings of the other house of Parliament but can vote in both the houses.

2. There is the legal responsibility of a Minister in India. 

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer 1

Correct Answer - Option 4 : Neither 1 nor 2

The correct answer is Neither 1 nor 2.

Council of Ministers: 

• A Minister who is a member of the house of Parliament has the right to speak and take part in proceedings of the other house of Parliament but can vote only in the house in which he is a member.
• Under Article 75 it is clearly stated that the Council of Ministers is collectively responsible to the Lok Sabha. Hence Option 1 is incorrect.
  • It means they work as a team and swim or sink together.
  • When the Lok Sabha passes a no-confidence motion against the Council of Minister the Ministers have to resign including those Ministers who are from the Rajya Sabha. 
•  The Council of Minister can advise the President to dissolve the Lok Sabha on the ground that the house does not represent the views of the electorate faithfully and call for fresh elections the President may not oblige the council of the minister that has lost the confidence of the Lok Sabha.
• 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, he must resign. 
• The ministers can hold office during the pleasure of the President which means that the President can remove a Minister even at a time when the Council of Ministers enjoys the confidence of the Lok Sabha.
• There is no legal responsibility of a Minister in India. Hence Option 2 is incorrect.