- Articles for parliamentary system: Centre: 74 & 75 + States: 163 & 164.
- Parliamentary government = cabinet govt = responsible govt = Westminster type of govt.
FEATURES OF PARLIAMENTARY GOVERNMENT AND PRESIDENTIAL GOVERNMENT: |
PARLIAMENTARY GOVERNMENT |
AMERICAN PRESIDENTIAL GOVERNMENT |
Nominal & Real (Dual) Executives:
• President: Nominal executive (de jure), Head of State
• PM: Real executive (de facto), Head of Government.
• Council of Minister headed by PM to aid & advice President.
• Advice is binding on President (42nd & 44th amendment) |
American President:
- Both head of State & Head of Government
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Majority Party Rule:
- Political party with majority seats in Lok Sabha forms government.
- Leader of that party is appointed as PM by the President and Ministers are appointed by President on the advice of PM.
- If no single party secures majority, President invites coalition of party.
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- President is elected by electoral college for a fixed term of four years.
- President cannot be removed by the Congress except by impeachment for a grave unconstitutional act.
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Collective Responsibility:
- Bedrock of parliamentary govt.
- Article 75: CoM is collectively responsible to the Lok Sabha.
- Lok Sabha can remove CoM by passing no confidence motion.
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- President and his secretaries are not responsible to the Congress.
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Political Homogeneity:
- Single party majority: members of CoM from same political party à same ideology
- Coalition govt: CoM bound by consensus
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- Cabinet: Non-elected advisory body.
- Selected & appointed by the President.
- Responsible only to him.
- Removed by him.
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Double Membership:
- Ministers are members of both the legislature and executive.
- Minister who is not a member of the parliament for six consecutive months ceases to be a minister.
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- President and his secretaries are not members of Congress nor do they attend the sessions.
- There is complete separation of power between legislature and executive.
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Leadership of PM:
- Leader of CoM
- Leader of parliament
- Leader of party in power
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Dissolution of Lower House:
- President can dissolve Lok Sabha before the expiry of term on the recommendation of PM.
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- The President cannot dissolve the House of Representatives (Lower House of Congress)
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Secrecy:
- Ministers follow principle of secrecy about their proceedings, policies & decisions.
- Ministers take oath of secrecy administered by President.
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Fusion of powers. |
Separation of powers. |
MERITS & DEMERITS OF PARLIAMENTARY SYSTEM: |
MERITS |
DEMERITS |
Harmony between legislature & executive:
- Executive à part of legislature à cooperation and interdependence among executive and legislature.
- Less dispute and conflict between two organs.
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Unstable govt:
- Govt may lose its majority due to no confidence motion, political defection or breakdown of coalition.
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Responsible Government:
- Ministers are responsible to the Parliament for their acts.
- Parliament’s control over executive: question hour, discussions, debates, adjournment motion, no confidence motion.
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No Continuity in policies:
- Change in government brings change in policies.
- This is roadblock in policy formulation & implementation in long term.
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Prevents despotism:
- Executive authority is not vested in single person but in CoM.
- Prevents dictatorship of executive.
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Dictatorship of cabinet:
- Ruling party with absolute majority->cabinet all powerful.
- All policies are decided by cabinet.
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Ready alternative govt:
- Opposition party provides ready alternative govt if ruling party loses majority.
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Against separation of powers:
- CoM and Cabinet are part of legislature.
- Cabinet: leader of legislature and executive.
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Wide representation:
- CoM provides representation to all sections & regions in the government.
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Govt by amateurs:
- Ministers are not experts in their fields->less administrative efficiency.
- Ministers can only be from parliament. PM has no choice to select outside experts.
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REASONS FOR ADOPTING PARLIAMENTARY SYSTEM: |
Familiarity with the system due to British Rule + Preference for more responsibility unlike in Presidential system + Need to avoid Legislative – Executive Conflict like in USA where there is complete separation of powers + Nature of Indian society like heterogeneous sections, linguistic, religious, ethnic diversity. Parliamentary system gives wider representation.
DISTINCTION BETWEEN INDIAN & BRITISH MODELS: |
INDIAN MODEL |
BRITISH MODEL |
Republican system: Head of State (President) is indirectly elected. |
Monarchial system: Head of State (King/Queen) is hereditary. |
Constitutional supremacy |
Parliamentary sovereignty |
PM may be a member of any of the house. |
PM should be member of Lower House. |
A person who is not a member of any house can be appointed as minister, but only for six months. |
Usually members of parliament are appointed as minister. |
No system of legal responsibility of ministers. Ministers are not required to countersign the official acts. |
System of legal responsibility of minister. Ministers are required to countersign the official acts. |
No Shadow Cabinet |
Shadow Cabinet by opposition: to balance ruling cabinet and prepare its members for future ministerial office. |