INTRODUCTION
The British Government is a highly centralized system of Government. It is based on one of the most important conventions of ministerial Responsibility before parliament for all policy decisions and actions a minister takes individually or by the Cabinet.
MEANING OF MINISTERIAL RESPONSIBILITY
Ministerial Responsibility implies two meanings. They are as follows;
The minister is responsible for his department, and he makes decisions for his department. A minister is accountable to the House of Commons for what he has done or failed to do in his department for the policy adopted by him or by the Cabinet.
DEFINITION OF MINISTERIAL RESPONSIBILITY
According to Ramsay Muir:
“Ministerial responsibility means that a minister is responsible for his commission or omission before a court of law and parliament.”
ORIGIN OF MINISTERIAL RESPONSIBILITY
The Convention of Ministerial Responsibility was integral to the evolution of parliamentary sovereignty and the cabinet system. Before the glorious revolution of 1688, the English kings were absolute rulers, and their ministers were their servants, solely responsible to them.
ASPECTS OF MINISTERIAL RESPONSIBILITY
Three aspects of ministerial Responsibility are the following:
1. Technical Responsibility:
Technically, the ministers are responsible to the Crown / King, but such a responsibility is difficult to enforce
2. Responsible to House of Commons:
Ministers are held responsible for each department or governmental functionary’s acts.
3. Responsible to One Another:
Before making a decision/policy, every minister consults his colleagues since his mistake would cause everyone to be held responsible.
EXPLANATION OF MINISTERIAL RESPONSIBILITY
According to Dicey:
“Ministerial Responsibility has two meanings: one is strictly legal, and the other is purely conventional or political.”
A. LEGAL MINISTERIAL RESPONSIBILITY:
According to Dicey:
“By ministerial responsibility, it is meant that a minister who countersigns the executive order issued in the name of the Crown is responsible for it, can be sued in the court of law if that action is illegal.”
B. CONVENTIONAL MINISTERIAL RESPONSIBILITY:
(b) Political or Conventional Responsibility: According to conventional Responsibility, the ministers are responsible to parliament collectively and individually.
(1) INDIVIDUAL RESPONSIBILITY
Individual Responsibility means that all the ministers are heads of their departments and are responsible for their departmental acts of omission & commission. They are also responsible for the work of their department. If a minister loses the confidence of the House of Commons, he must resign.
PRINCIPLES OF INDIVIDUAL RESPONSIBILITY:
(i) Sole Responsibility:
A minister who commits a mistake is solely responsible for it and must defend himself alone. If the Cabinet or prime minister comes to his defence, it becomes a matter of collective Responsibility.
(ii) Vicarious Liability:
A minister can not take the plea of being unaware of the actions of his subordinates; he is responsible for the whole department.
(iii) Decision without the sanction of the Cabinet:
Any decision a minister takes without the Cabinet’s sanction is a matter of individual Responsibility; if censured by the House of Commons, he must resign.
(2) COLLECTIVE RESPONSIBILITY
The Cabinet is collectively accountable to the parliament. Every minister is responsible for the decisions taken in the cabinet meetings. It means the Responsibility of all ministers, whether they are included in the Cabinet or not or have participated in the cabinet policy or decision challenged in parliament, & were informed of it.
PRINCIPLES OF COLLECTIVE RESPONSIBILITY:
(i) Cabinet Meeting:
There must be a cabinet meeting before a decision or policy is taken.
(ii) Preparation to Defend:
A minister not prepared to defend a cabinet decision on the floor of the House of Commons must resign.
(iii) Responsibility according to the Cabinet’s decision:
If a minister does not resign, he is absolutely and irretrievably responsible for what the Cabinet has decided, whether or not he agreed to it at that time.
iv) Opinion of ministers:
All ministers should have and must tell the same.
(v) Duty of Minister:
The duty of Ministers is not only to support the Government but also not to implicate the Government.
(vi) Satisfaction of Parliament:
The prime minister must satisfy the parliament; if he fails, he must resign.
(vii) Consultation with Prime Minister:
A minister has to consult with the Prime Minister before expressing his opinion on any future policy of the Cabinet.
(viii) Announcement of the New Policy:
A minister cannot announce a new Cabinet policy without the Cabinet’s prior consent.
Principle of Cabinet Secrecy:
All the ministers have to abide by the regulations of cabinet secrecy.
EFFECTS OF MINISTERIAL RESPONSIBILITY
The effects of ministerial Responsibility in the British parliament are the following.
- Unity of Government
- Clarifies the question as to who is responsible to the public
- Efficiency in ministerial work
CONCLUSION
The principle of ministerial Responsibility has streamlined the whole British Government system from top to bottom for efficiency and unity. It has infused it with the spirit of public duty and accountability.
FAQs
Discuss thoroughly the doctrine of ministerial reResponsibilitynder the British Constitution.
(2019-A five years, 2017-S, 2017-A)
Elaborate on the doctrine of Ministerial Responsibility under the British Constitution.
(2015-S)
“United they stand, divided they fall”. Discuss concerning Ministerial Responsibility in England.
