Consider the following statements:
1.The Council of Ministers is collectively responsible to the Lok Sabha.
2.The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed twenty per cent. of the total number of members of the House of the People.
3.The President can proclaim a national emergency only after receiving a written recommendation from the Cabinet.
4.The Council of Ministers must have members from both houses of Parliament.
Which of the statements above is/are correct?

Correct option is D

​The correct answer is (d) 1 and 3 only

Explanation:

• The Council of Ministers, headed by the Prime Minister, is collectively responsible to the Lok Sabha (House of the People), as per Article 75(3) of the Constitution. If the Lok Sabha passes a vote of no confidence against the government, all members of the Council of Ministers must resign.
• According to the 72nd Constitutional Amendment Act of 1992, the total number of Ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha.
• According to Article 352 of the Constitution, the President can proclaim a national emergency only after receiving a written recommendation from the Cabinet, as per the advice of the Council of Ministers.
• It is not mandatory for the Council of Ministers to have members from both houses. While it is common for ministers to be appointed from both the Lok Sabha and Rajya Sabha, it is not a constitutional requirement. Members of the Council of Ministers can be from either house, provided they are elected members.

Information Booster:

Principle of Collective Responsibility

The Principle of Collective Responsibility is a fundamental feature of the parliamentary system of government in India. It is enshrined in Article 75 of the Indian Constitution, which states that the Council of Ministers is collectively responsible to the Lok Sabha.

Key Aspects:

1. Joint Responsibility: All ministers are jointly responsible to the Lok Sabha for all actions, including acts of omission and commission. This means that the Council of Ministers as a whole is accountable for its decisions.
2. No-Confidence Motion: If the Lok Sabha passes a no-confidence motion against the Council of Ministers, every minister, including those from the Rajya Sabha, must resign. The entire cabinet is responsible, not just the individual ministers.
3. Cabinet Decisions: The Cabinet is expected to make decisions collectively. Even if a minister disagrees with a decision during the cabinet meeting, they are bound to support it publicly. Ministers must defend cabinet decisions both inside and outside Parliament.
4. Resignation on Disagreement: If any minister is unable to defend a cabinet decision or disagrees with it, they are expected to resign. Ministers must act in accordance with the collective decision of the Cabinet.

Example: Dr. B.R. Ambedkar resigned from his position as the law minister in 1953 due to his disagreement with other cabinet members on the Hindu Code Bill.

National Emergency in India

A National Emergency can be declared under Article 352 of the Indian Constitution due to war, external aggression, or armed rebellion. The President can declare it even before the threat occurs if the safety of India is at risk.

Types of Emergency:

1. External Emergency: Caused by war or external aggression.
2. Internal Emergency: Caused by armed rebellion.

Key Points:

• The 38th Constitutional Amendment (1975) allows simultaneous declarations of different types of emergencies.
• The declaration is non-justiciable, meaning it can't be challenged in court.
• During an emergency, Fundamental Rights can be suspended (except for Article 21, the right to life and liberty).

Procedure:

1. Approval: The proclamation must be approved by both Houses of Parliament within one month. If the Lok Sabha is dissolved, approval must occur within 30 days after the new Lok Sabha's first sitting.
2. Duration: The emergency lasts for six months but can be extended indefinitely with parliamentary approval every six months.