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“Our Constitution, though federal in its structure, is modelled on the British Parliamentary system where the executive is deemed to have the primary responsibility for the formulation of governmental policy and its transmission into law though the condition precedent to the exercise of this responsibility is its retaining the confidence of the legislative branch of the State…

56 Ibid 57 Ibid, at page 320 58 (1955) 2 SCR 225 PART E In the Indian Constitution, therefore, we have the same system of parliamentary executive as in England and the council of Ministers consisting, as it does, of the members of the legislature is, like the British Cabinet, “a hyphen which joins, a buckle which fastens the legislative part of the State to the executive part”. The Cabinet enjoying, as it does, a majority in the legislature concentrates in itself the virtual control of both legislative and executive functions; and as the Ministers constituting the Cabinet are presumably agreed on fundamentals and act on the principle of collective responsibility, the most important questions of policy are all formulated by them.” (Emphasis supplied) The relationship between the responsibility of the Cabinet and individual Ministers was dealt with in a Constitution Bench decision in A Sanjeevi Naidu v State of Madras59:

74 The above analysis would indicate that while Part VIII brings together a common grouping of all Union territories, the Constitution evidently did not intend to use the same brush to paint the details of their position, the institutions PART H of governance (legislative or executive), the nature of democratic participation or the extent of accountability of those entrusted with governance to their elected representatives. Hence, in defining the ambit of the constitutional powers entrusted to the Council of Ministers for the NCT and their relationship with Lieutenant Governor as a delegate of the President, the Court cannot be unmindful of the constitutional importance which has to be assigned to representative government. Representative government is a hallmark of a Constitution which is wedded to democracy for it is through a democratic form of governance that the aspirations of those who elect their representatives are met. Undoubtedly, governance of the NCT involves national imperatives. They must also weigh in the balance. The proviso to clause 4 of Article 239AA is constitutional indicator of the national concerns which were borne in mind when the constituent power was exercised to establish the NCT as a political arm of governance by a special constitutional provision. Those national imperatives have led to the carving out of the areas of police, public order and land from the sphere of legislative authority of the legislative assembly and their entrustment to Parliament. Again, it is the sense of a national imperative which led to the constituent power being so modulated in relation to the NCT as to allow Parliamentary legislative authority over all entries in the State list, in addition to the Concurrent list. Parliament does not exercise legislative authority in relation to State list entries as regards the states in India unless a matter falls within the ambit of Articles 252 or 253. Parliamentary legislative control over Union territories has been broadened precisely as a manifestation of national PART H imperatives or concerns. The executive power of the Council of Ministers being co-extensive with legislative power, this aspect has to be borne in mind. The true challenge is to maintain that delicate balance in a federating Union, such as ours, which ensures that national concerns are preserved in the interest of the unity and integrity of the nation, while at the same time local aspirations exercised through the democratic functioning of elected governments find expression in our polity.