It is not possible to extend this concept of collective responsibility to any and every statement orally made by a Minister outside the House of the People/Legislative Assembly.
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL/CIVIL APPELLATE JURISDICTION
WRIT PETITION (CRIMINAL) NO. 113 OF 2016
KAUSHAL KISHOR … PETITIONER(S)
VERSUS
STATE OF UTTAR PRADESH & ORS. …RESPONDENT(S)
WITH
SPECIAL LEAVE PETITION @ (DIARY) NO. 34629 OF 2017
J U D G M E N T
V. RAMASUBRAMANIAN, J.
3. Thereafter, the Constitution Bench, by an order dated
24.10.2019, formulated the following five questions to be decided by
this Court:
“…1) Are the grounds specified in Article 19(2) in
relation to which reasonable restrictions on the right
to free speech can be imposed by law, exhaustive, or
can restrictions on the right to free speech be imposed
on grounds not found in Article 19(2) by invoking other
fundamental rights?
2) Can a fundamental right under Article 19 or 21 of
the Constitution of India be claimed other than against
the ‘State’ or its instrumentalities?
3) Whether the State is under a duty to affirmatively
protect the rights of a citizen under Article 21 of the
Constitution of India even against a threat to the
liberty of a citizen by the acts or omissions of another
citizen or private agency?
4) Can a statement made by a Minister, traceable to
any affairs of State or for protecting the Government,
be attributed vicariously to the Government itself,
especially in view of the principle of Collective
Responsibility?
5) Whether a statement by a Minister, inconsistent
with the rights of a citizen under Part Three of the
Constitution, constitutes a violation of such
constitutional rights and is actionable as
‘Constitutional Tort”? …”
.....
125. In State (NCT of Delhi) vs. Union of India111, the
Constitution Bench of this Court was concerned with the
interpretation of Article 239AA of the Constitution. The concept of
collective responsibility was dealt with extensively by Dipak Misra,
C.J., as he then was, from paragraphs 82 to 85. In his independent
but concurring opinion Dr. D.Y. Chandrachud, J. also dealt with
the question of collective responsibility from paragraphs 318
onwards.
126. What follows from the above discussion is, (i) that the
concept of collective responsibility is essentially a political concept;
(ii) that the collective responsibility is that of the Council of
Ministers; and (iii) that such collective responsibility is to the House
of the People/Legislative Assembly of the State. Generally, such
responsibility correlates to (i) the decisions taken; and (ii) the acts
of omission and commission done. It is not possible to extend this
111(2018) 8 SCC 501
150
concept of collective responsibility to any and every statement orally
made by a Minister outside the House of the People/Legislative
Assembly.