This article is written by Vivek Vithalrao Jawale, pursuing a 6-Month Growth Camp: Preparation for LLM Abroad from LawSikho. The article has been edited by Zigishu Singh (Associate, LawSikho). 

Introduction

The social contract theory has transferred the right to be governed to the state. Therefore it is the state’s responsibility to govern the subject. The sovereign is under obligation to protect social interests. In the words of Rousseau, “the only legitimate political authority is the authority consented to by all the people, who have agreed to such a government by entering into a social contract for the sake of their mutual preservation”. In the democratic state people are supreme. They play an important role in their governance. “It is very rightly said by Abraham Lincoln, democracy is a government of the people, by the people, and for the people”. In a democracy supreme power lies in people. People use the supreme power through the elected representatives via public elections. The elected representatives are representing the will of the people. They are called ministers. The ministers are responsible to administer the government as per the mandate. They are responsible to the parliament for every act. The principle of individual ministerial responsibility ensures accountability and transparency of ministers in their functions. The following article is an attempt to do an analysis of individual ministerial responsibility.

Individual ministerial responsibility

“Individual Ministerial Responsibility is a constitutional convention that makes Government Ministers responsible for not only their own actions but also for those of their department. It is not to be confused with collective cabinet responsibility, which states that cabinet members must publicly approve of its collective decisions or resign”.

In other words, the principle of individual ministerial responsibility is the basis for government accountability where every minister representing the interest of the society is bound to answer to the parliament for the malpractices with or without his information. No doubt every minister is under obligation to resign from his office if he is guilty of any improper behavior. “Its best example is the Secretary of State for Defence, Geoff Hoon, had to explain to the House why a soldier had died in Iraq? His answer was that the soldier died because the Ministry of Defence had not supplied enough body armor for the number of troops there.”

Definition of individual ministerial responsibility

“Individual ministerial responsibility (IMR) was defined by Sir Ivor Jennings as having two elements, Each Minister is responsible to Parliament for the conduct of his Department and the act of every Civil Servant is by convention regarded as the act of his Minister i.e. every minister is accountable for the conduct (personal and general) as well as for the acts done or not done by officials of his department.”

The doctrine of individual ministerial responsibility

“The doctrine of individual ministerial responsibility is a constitutional convention”. It is the principle to control the unruly horse of arbitrary powers of the government. It creates check and balance for the ministers of the government. The doctrine of individual responsibility is a watchdog to protect the social interest. “Personal responsibility or individual responsibility is the idea that human beings choose, instigate, or otherwise cause their own actions. A corollary idea is that because we cause our actions, we can be held morally accountable or legally liable”. “In the British political system the term ministerial responsibility denotes the Cabinet’s collective responsibility; therefore it may be termed as collective ministerial responsibility. It is a deeply rooted mandate of the constitution of a parliamentary type democratic government that all cabinets must support and respect all decisions taken in the parliament by the government.”

Origin of convention of individual ministerial responsibility

It is true that the convention of individual ministerial responsibility originated due to the development of political parties to contest the governmental election. It progressed during the nineteenth century due to the tendency of ministers to think about their dominance over the ministerial department. It originated due to the restricted thinking of ministers about the government functions in the modern state. As the number of political parties and members in political parties increased the thinking was changed. Moreover, with the advancement of the idea of the welfare state, the nature of the convention of individual ministerial responsibility has changed to a greater extent in the United Kingdom. Even today, the convention of individual ministerial responsibility is very important in the politics of the United Kingdom. 

It may have originated due to the absence of any statute regarding it and the Unwritten Constitution of the United Kingdom. “The ministerial responsibility of government ministers is, in fact, professional and ethical responsibility for performance, internal politics and integrity”. Apart from the punishment, there are different checks on the accountability of the ministers. One of such checks is the individual ministerial responsibility. 

Three aspects of individual ministerial responsibility

“Three aspects of individual ministerial responsibility includes the primary, personal and vicarious responsibility in which the primary responsibility is related to the acts concerning to the ministerial portfolios like crossing the line and interfering in a departmental decision within a ministerial portfolio while personal responsibility relates to the personal conduct of ministers like the misuse of a cabinet position for personal gain and vicarious responsibility makes the final analysis that a Cabinet Minister is responsible for every activity relating to  the policy or operational arms of the departments or agencies within their portfolio which is committed with or without their knowledge.”

Impact of individual ministerial responsibility on accountability of ministers

Individual ministerial responsibility has its own advantages. It may create a positive impact on the functioning of the ministers. It is able to mold the behavior of ministers in tune with the objectives of the ministerial department.  “Following are four different options” available to the parliament to implement the individual ministerial responsibility for the sake of accountability. 

Inform and explain 

It is true that the ministers are bound to the policies of the parliament. Therefore they are required to follow parliamentary discipline. They are under obligation to explain their functions to the parliament so as to get authority from the parliament to discharge their functions smoothly and carefully. It is one of the important aspects of individual ministerial responsibility. Therefore ministers always ask questions to the parliament whenever necessary to address any rampant issue before the parliament. The parliament may provide appropriate replies through parliamentary discussion, consultation papers, etc. 

Apologise 

No human is perfect. All humans are fallible to stress due to emotional, mental, physical imbalance. Human beings are not machines who can do the same thing regularly over a period of time. Therefore humans are bound to make mistakes.  Mistakes may be with or without intention. Ministers are also human beings. If any mistake is committed by the ministers while in office then he may accept it fearlessly. He may express an apology for the mistake to the parliament. It is the discretion of the parliament to forgive the minister for the mistake or compel him to submit his resignation. 

Take action 

If the minister is guilty of any serious act which is against the affairs of the parliamentary business then the parliament may order an inquiry into the issue. After getting the result of the inquiry the parliament may take appropriate action against the guilty minister so as to avoid repetition of such unsatisfactory acts from the minister in the future. Such action may be compulsory resignation or dismissal from work temporarily. The purpose of such action is to create accountability among the ministers in the acts performed by them under the authority of the parliament. 

Resignation 

Resignation is one of the harsh remedies available with the parliament for the misconduct of ministers. Generally, opposition political parties raise the plea for the resignation of a particular minister. Such an action for resignation is carried out for failure of a particular minister to work satisfactorily within the parameters of the parliament. It is a very strict action. It may result due to political battles among political parties. Therefore it is a remedy for accountability of ministers as well as a sanction to deter them. 

Role of media in individual ministerial responsibility

Media plays a significant role in molding public opinion in favor of individual ministerial responsibility. Ministers are always under the watchtower of the media. Therefore if there is any misconduct on the part of the ministers then the media highlights it. It creates public awareness about the unsatisfactory act of the ministers. It may create pressure upon the individual ministerial responsibility to work honestly. Thus, the media being the fourth pillar of democracy is shouldered with the burden to create pressure of public opinion upon the individual minister. The role of the media is very effective in preserving accountability in the functioning of ministers. It may be very supportive in maintaining discipline among ministers, as well. Recently, the media is played a very crucial role in creating public pressure upon individual ministerial responsibilities. Accordingly, different scandals unraveled by the media often compel ministers either to resign from their office or to express an apology to the parliament. No doubt, unbiased media is a shield to guard individual ministerial responsibility. 

Conclusion

On the basis of the above analysis of individual ministerial responsibility, it may be concluded that the doctrine of individual ministerial responsibility originated due to the absence of any statute prescribing code of conduct of ministers. Recently, Questions of procedure for ministers (QPM), was published in May 1992 to lay certain guidelines regarding it. Further QPM was revised and reissued as the Ministerial Code in 1997. The Scott and Nolan Reports have also streamlined the guidelines for the individual ministerial responsibility in the United Kingdom. Thus, the doctrine of individual ministerial responsibility is intended to assure ministerial accountability but in reality, it restricts rather than facilitates accountability. 

References 

Books

1. Bell, P., Parry, R., Thomas, I., Rose, R. (1987). Ministers and ministries: a functional analysis. United Kingdom: Clarendon Press.
2. Jennings, Sir Ivor, Law and the Constitution, 4th edition, London 1955.
3. Ministerial Responsibility. (1989). United Kingdom: Oxford University Press.
4. Shepard, W. J. (1909). Ministerial Responsibility: A Study in Comparative Constitutional Law. (n.p.): (n.p.).
5. Vassiliadis, I. L. (2018). Party Responsibility in Government Terminations. United States: University of Rochester.
6. Verhey, L. F. M., Broeksteeg, H., Driessche, I. V. d. (2008). Political Accountability in Europe: Which Way Forward? : a Traditional Concept of Parliamentary Democracy in an EU Context. Netherlands: International Specialized Book Service Incorporated.
7. Woodhouse, D. (1994). Ministers and parliament: accountability in theory and practice. United Kingdom: Clarendon Press.

Websites

1. https://www.tutor2u.net/politics/reference/individual-ministerial-responsibility
2. https://www.britannica.com/topic/ministerial-responsibility
3. https://www.cbc.ca/news2/background/groupaction/v2fullreport/CISPAA_Vol1_4.pdf
4. https://researchbriefings.files.parliament.uk/documents/RP04-31/RP04-31.pdf
5. https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.982.9877&rep=rep1&type=pf
6. file:///C:/Users/Shree/Documents/Downloads/GovernmentandManagementMinisterialResponsibilityinIsrael.pdf
7. https://oxford.universitypressscholarship.com/view/10.1093/acprof:oso/9780198278924.001.0001/acprof-9780198278924
8. http://press-files.anu.edu.au/downloads/press/p191121/pdf/ch092.pdf
9. https://ipanz.org.nz/Article?Action=View&Article_id=150226

---

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.