An examination of Articles 164 and 75 of the Indian Constitution
On December 27, 1970, the President of India abolished the House of the People. There is nothing in the Constitution, namely in Art. 75(3), that makes the respondent’s acting as Prime Minister contradictory to the Constitution. This is in response to the issue of whether the respondent, who served as Prime Minister before the dissolution, ceased to hold office subsequently. Instead of a Presidential form of government, India’s constitution stipulates a Parliamentary system with a Cabinet. The responsible government established by Article 75(3) requires that the House of the People have trust in the Council of Ministers. As the House of the People cannot naturally have the confidence of the House while it is dissolved, the phrase “when the House of the People does not stand dissolved or prorogued” may only indicate that Art. 75(3) applies in this situation. However, because Art.
74(1) is mandatory and the President cannot exercise his executive power without the assistance and advice of the Council of Ministers, with the Prime Minister at its head, such dissolution of the House does not require that the Prime Minister and other ministers resign, cease to hold office, or be dismissed by the President. This point of view is also in line with international norms that are not just observed in the UK. This point of view is also consistent with the norms upheld not only in the United Kingdom but also in other nations that employ a comparable kind of responsible government. According to the court, all Ministers are subject to the collective responsibility principle established in Article 75(3), and as a result, the Lok Sabha should have trust in the Council of Ministers.
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