• COLLECTIVE RESPONSIBILITY
  • THE ADVOCATE GENERAL OF A STATE

UNIT 11 – THE STATE EXECUTIVE – PART 4

  • Collective Responsibility

Though the CoM is a multi-member body, all the ministers function as a single unit under the directions of the Chief Minister. The ministers are collectively responsible for the actions of the government to the State Legislative Assembly.

The principle of Collective Responsibility basically means three things:

  1. Collective Decision Making: The decisions taken by the Cabinet must be accepted and defended by all the ministers in the council. They must defend the government policies both inside and outside the state legislature.
  2. Removal or Resignation from the Council / Individual Responsibility: If a minister does not agree with the decisions of the cabinet, the Chief Minister may ask him to resign from the council or may advice the governor to dismiss him from the office.
  3. Collapse of the Government: When a motion of no-confidence is passed against the government or even against a single minister, the entire council, including the ones from the State Legislative Council must resign from office. This leads to the collapse of the government.
  • The Advocate General of a state

Article 165 in Part VI of the constitution provides for the office of Advocate General of State. He is the highest law officer in the state.

Appointment and Qualification: The Advocate General is appointed by the Governor. He should be qualified to be appointed as a judge of the High Court.

Tenure and Removal: He does not have the security of tenure and can be removed by the Governor anytime. Thus, he holds office during the pleasure of Governor. By convention, when the council of ministers of the state government resigns, the Advocate General of the state will also resign. He is not a public servant under the state government.

Duties and Functions:

  1. He is the chief law officer of the state government.
  2. He advises the state government on legal matters that are referred to him by the Governor.
  3. He performs other duties of legal character conferred on him by the constitution and other ordinary laws.

Privileges:

  1. He enjoys the right of audience in all the courts within the territory of the state.
  2. He enjoys the right to speak and take part in the proceedings of both the houses of state legislature, joint sittings and committees of the houses to which he is named as a member.
  3. He enjoys the privileges and immunities of Members of Legislative Assemblies(MLAs).
[pvc_stats postid="" increase="0" show_views_today="1"]
Scroll to Top