parliamentary form of govt.

1

Project report on Parliamentary form of Government with special reference to U.K and India

Submitted to:

Submitted by:

Prof. Shalini Marwaha

Anjali Narwal

Deptt. of Laws

1205/2014

PU, Chd.

LL.M 1st sem.

2

Acknowledgement Every work is incomplete without acknowledging the efforts of the people who have directly or indirectly contributed to the same and so as this project. I would like to express my heartiest gratitude to my prof. Shalini Marwaha for giving me an opportunity to make this project and providing me guidance for the same . I also gratefully acknowledge the constructive suggestion of my peers and also those known and unknown persons who have directly or indirectly contributed in helping me prepare this project successfully. Thank you.

3

INDEX Topics: Introduction of Parliamentary form of Government Features of parliamentary Government Parliamentary system in England Overview of British Parliamentary system Parliamentary system in India Advantages of Parliamentary system Criticism of Parliamentarianism Conclusion Bibliography & References

Page no. 4 5-8 9 9-13 14-15 16 17 18 19

4

Parliamentary Form of Government INTRODUCTION: A democratic form of government can be classified either as a parliamentary or cabinet and presidential form of government. The parliamentary form of government prevails in the U.K, Canada and India. The presidential system operates in the U.S.A.1 A government is classified as Parliamentary and Presidential form of government on the basis of relationship of the political executive with the legislature. The Parliamentary form of government is often referred to as a cabinet system of government. Garner says," a cabinet government is that system in which the real executive -the cabinet-is immediately and legally responsible to the legislature, for its political policies and acts, and immediately or ultimately responsible to the electorate; while the titular or nominal executive the chief of the State- occupies a position of irresponsibility."2 Therefore, in a parliamentary system, the head of state is normally a different person from the head of government. This is in contrast to a presidential system in a democracy, where the head of state often is also the head of government, and most importantly: the executive branch does not derive its democratic legitimacy from the legislature. Countries with parliamentary systems may be constitutional monarchies, where a monarch is the ceremonial head of state while the head of government is almost always a member of the legislature (such as United Kingdom, Sweden and Japan), or parliamentary republics, where a mostly ceremonial president is the head of state while the head of government is regularly from the legislature (such as Ireland, Germany, Pakistan, India and Italy). In a few parliamentary republics, such as Botswana, South Africa and Suriname, as well as German, the head of government is also head of state, but is elected by and is answerable to the legislature.3 1 Dr. SR Myneni, Political Science338(Allahabad Law Agency.eds.,3rd.2010) 2 Dr. SR Myneni, Political Science339(Allahabad Law Agency.eds.,3rd.2010)

3 http://en.wikipedia.org./wiki/parliamentary_systems

5

The parliamentary form of government was first evolved in Britain during the 17th and 18th centuries. Today it is most commonly used form of government.

Features of Parliamentary Government4 1.Existence of two executives : In a Parliamentary form of government, there are two heads, namely, nominal and real. The nominal head is one who, though head of the state, is not head of government. His powers are more apparent than real. He may be hereditary or elected. The British Queen is not elected. She got the throne on the heredity. But the President of India who is also a nominal head has been elected. 2. Collective Responsibility: The Council of Ministers is collectively responsible to the lower house of the legislature for all its activities. The ministers 'swim or sink together'. The principle of "'all for one and one for all" well applies to this system. The cabinet remains in office as long as it enjoys the confidence of the legislature. 3. Political Homogeneity: The ministers, normally being members of political party, share the same ideology and approach. Even when there is a coalition government, the ministers are committed to a common minimum programme. Being single party government and a coalition government, there is a fair amount of cooperation among the ministers. Homogeneity is essential to provide stability and unity. 4. Harmony between Executive and Legislature: In a Parliamentary government the ministers are drawn from the legislature. As ministers, they are part of the executive. They also remain members of the legislature. Thus the dual identity of ministers contribute to a harmonious relationship between the executive and the legislature. 4 Dr. SR Myneni, Political Science339-41(Allahabad Law Agency.eds.,3rd.2010)

6

5. Rigidity of Party Discipline: In a Parliamentary government, the party discipline is rigid. The members of a political party whether in power or in opposition are required to defend and support the stand of their party on any issue both in the legislature and outside5. 6. Leadership of the Prime Minister: The Prime Minister is the leader of the Council of Ministers. On his advice, the ministers are appointed and dropped. They stay in during his pleasure. He presides over the meetings of the cabinet. He exercises preponderant influence in domestic policy as well as foreign policy. He is variously described as "the first among equals", "the moon among the stars", "the keystone of the cabinet arch". 7. Absence of Separation of Powers: In the parliamentary system the principle of separation of powers is not adopted. Here the three departments of government work in close, intimate contact, sharing some of the powers and functions of one another. 8. Main Role of the Lower House in Ministry-formation: In the parliamentary government the lower house of the legislature, i.e., the popular chamber plays a vital role in the formation of the ministry. The leader of the party or alliance which wins the majority in this house is appointed the Prime Minister or Chancellor. The constitutional ruler appoints the other members of the ministry on his advice6. 5http://www.preservearticles.com/2011091313266/what-are-the-features-of-parliamentaryform-of- government.html

6 http://www.studylectures.com/socialsciences/law/440/what-are-the-charecteristics-ofparliamentary- form-of-government.

7

9. Responsibility to the Legislature: In such a system the Cabinet or Ministry has to remain responsible to the legislature for all its activities and policies. In countries having bi-cameral legislatures, the Cabinet remains responsible to the lower house composed of the people’s representatives. 10. Individual Responsibility: The ministerial responsibility to the legislature may again be of two kinds:  

Individual responsibility, and Collective responsibility.

Individual responsibility means that the minister in charge of a department must be answerable for the activities of his department. 11. Intimate relationship between the Legislature and the Executive: In the parliamentary system an intimate relationship exists between the executive and the legislative departments. So they can easily control each other. The leaders of the majority party or alliance in the legislature become the members of the Cabinet or Ministry. Naturally, the ministers can easily extend their influence on the legislature. Consequently, the programs and policies of the Cabinet are backed by a majority inside the legislature7. 12. Existence of a Strong Opposition: The existence of one or more strong and well-organized opposition party or parties is the hallmark of the parliamentary system. By criticizing the errors of the government, the opposition can compel it to adopt welfare measures and prevent it from becoming despotic. Judged from this angle, the opposition can be called the life-force of parliamentary democracy8. 13. Cabinet : keystone of the political arch : 7 ibid. 8 ibid.

8

In the parliamentary system of government the cabinet has to perform manifold functions. It is the Cabinet which :   

formulates well-considered policies of the Government after reviewing both the national and international issues, http://en.wikipedia.org/wiki/Parliamentary_system takes necessary, arrangements for passing laws to implement the policies formulated by

 

it, determines the matters to be included in the agenda of the central legislature, controls and directs the administrative departments so that laws, Government orders, etc.

 

are to be implemented properly, co-ordinates the activities of different departments of the Government, prepares the draft budget in consultation with the Prime Minister and takes necessary

 

initiative to get it passed in the legislature, formulates economic policies and takes necessary steps for implementing the same, advice’s the constitutional head to take necessary action during emergency or unforeseen situation, etc.

In this way the Cabinet acts as ‘the keystone of the political arch’ or has become the ‘steering wheel of the ship of fact of the state’9. 14. Membership of parliament : All the members of the cabinet are members of one of the two houses of parliament if a person who is not a member of legislature is included in the cabinet he must acquire the membership of the legislature within a stipulated period , it enables the minister to take part in its discussions and deliberations. 15. No fixed term: The cabinet has no fixed term to be in power .Real executive is elected and controlled by the legislature. Legislature can remove the executive at any time by passing a no confidence motion .

9 http://www.studylectures.com/socialsciences/law/440/what-are-the-charecteristics-ofparliamentary- form-of-government.

9

16. Right to dissolve the legislature: Under this system , the cabinet enjoys the right to seek dissolution of the lower house of the Parliament and order fresh elections .This helps in the elimination of Constitutional crisis faced by the government.

Parliamentary system in England: The parliamentary form of Government , which is also known as cabinet form of Government and responsible Government is an important salient feature of the British Government. The British Parliamentary system is the oldest in the world , therefore , it is also known as Mother Parliamentary Government10 . There being Parliamentary form of Government in England following are the main features11 of Cabinet Government i.e.          

King is nominal Executive head. The king doesn't take part in the meetings of the cabinet . Cabinet is the real Executive Leadership of the Prime Minister Close relationship between the Cabinet and the Parliament. Tenure of the Cabinet is not fixed . Political homogeneity. Collective responsibility. Individual responsibility Existence of opposition party

(Note: All these points mentioned above are already dealt with in detail under the heading features of Parliamentary form of Government)

An overview of the British Parliamentary system is as below12: 10 J.S.Badyal ,Comparative Political System And International Politics96(Raj Publishers.eds.,6th ed.2013) 11J .S.Badyal ,Comparative Political System And International Politics97-99(Raj Publishers.eds.,6th ed.2013)

10

The British Parliament has been in existence since 1215, when King John signed the Magna Carta, and is one of the oldest in the world. The workings of it have changed through the ages and below is a brief description of the ways in which it works.

Parliament : consists of two chambers, the House of Commons, consisting of members of parliament who are elected, and the House of Lords, consisting of unelected peers. The Sovereign, at the moment Queen Elizabeth II, is the third part of the Parliament. The government is officially known as Her Majesty's Government. The Queen has, in principle, a lot of power over the government, but chooses not to exercise that power. This position has emerged through the ages, though at one time the Sovereign exercised a lot of power over the government, and the country.

The Make Up of the House of Commons : Members of Parliaments The House of Commons consists of Members of Parliament, who are elected. The United Kingdom is split into constituencies, and each constituency votes for an MP (Member of Parliament) to represent them, using the 'first past the post' system. Each MP is a member of one of the political parties, or an independent candidate, and this is stated on the ballot paper. There is no requirement to be a member of one of the parties, but most MPs are party members. Elections At least every five years there is a general election, when the MPs are elected. The Prime Minister decides on the timing of the election, and can call an election at any time, but one must be called within five years of the one before. It is usual for an election to be called after four years. A motion of no confidence can be brought against a government, which, if successful, will result in an early general election. They are rare however, and are likely to bolster support for the government if it fights off such a challenge. 12 http://www.bbc.co.uk/dna/ptop/plain/A591383.

11

There is potential for a by-election where one constituency has to elect a new MP. This happens if the MP cannot serve as MP, such as if they die, resign, or become a member of the House of Lords. This allows a new MP to be elected.

The Government After a general election, in general, the party with the most MPs become the government, and the party with the next lowest number of MPs forms the official opposition. This always happens if one party has a majority of MPs. The leader of the government party will become the Prime Minister. It is usually necessary for a government to have the majority of the MPs in the country. If no party has an overall majority, the party with the most MPs has the first chance to form a coalition. In a coalition government, the government consists of two parties rather than one, and there will need to be some compromise on issues where the parties disagree, although the coalition will almost certainly be between parties with similar views. It is usually advantageous to both parties, who have more power together than they would otherwise. The Opposition The official opposition has few privileges attached to it, but usually the opposition has a greater voice in speaking out against the government, and the media will pay more attention to the opposition than more minor parties. It can also use this power to help it dictate the business of the House. The Cabinet The Cabinet are the main people who run the country, with the Prime Minister in charge, and other ministers having their own department or ministry. They are each responsible for some area of public policy such as education, health and transport. A minister has some freedom in the decisions (s)he can make, but in some cases legislation is needed, which requires the support of both houses of Parliament (see 'The Passing of Laws' below) Ministers are chosen by the Prime Minister, and are usually chosen from the government party. Most cabinet posts need to be held by MPs.

12

The Parties Most parties give their leader, and other important party members, a safe seat to represent. It would be a political embarrassment if the party leader, or high-profile members of a party ,were to be elected out of office

The Make Up of the House of Lords : The House of Lords consists of both hereditary peers, who have inherited their peerage and their title, and life peers, who are appointed by the government, and stay in their positions for life. A large majority of the peers are life peers. Also, important members of the clergy form part of the House of Lords, as do senior judges, or law lords, and other office holders, who have specific roles in the House. Only the office holders, such as the Leader of the House, are paid, the rest can only claim expenses. Members of the House of Lords cannot become MPs, or hold certain other elected posts. However, lords are allowed to disclaim their title and when standing to become MP, for example, and reclaim the title later. The rule is, however, that no-one can be a member of both houses at the same time. Peers may have some loyalty to some political party, but there is less of a compulsion to follow the wishes of any party, than for MPs. They cannot be expelled from the House of Lords by being voted out, so have less need for the support of a party, although peers may feel some loyalty to one party.

The Passing of Laws : In the House of Commons Almost all laws that are made are proposed by the Cabinet. The Cabinet, through a relevant minister, proposes laws to the House of Commons, and then there is a debate on the issues. The bill, go through a number of stages in the House of Commons. First, the bill is announced in brief. This is called the first reading. Within a fortnight, the principles and some of the detail of the bill are announced, and they are debated. This is the second reading. Here, there is a vote,

13

and if the bill is not supported, then it cannot proceed further. Assuming a vote is successful, then it is passed on to the committee stage. At the committee stage, the bill is discussed in minute detail. A committee is a number of MPs meeting to discuss the bill. Sometimes a standing committee is set up to discuss the bill. Sometimes, a select committee, dealing with a certain area of government may discuss the bill On very important matters, the committee may consist of the whole House of Commons or both houses of parliament.After this stage, the committee report back to the House of Commons. Amendments to the bill can be proposed at this stage. The individual details of the bill cannot be discussed, however. This precedes the third reading, where the bill with any amendments is announced to the House of Commons. If the House approves, then the bill is passed to the House of Lords. In the House of Lords The House of Lords will then debate the issues, following similar stages to those the bill must pass through in the House of Commons, although it is not usual for committees to be discuss bills, rather it is more likely for the whole house to act as a committee. After this stage, both houses must agree on the final form of the bill, so if the bill has been amended, the assent of the House of Commons is needed for the amended bill. If both houses accept the bill then it, possibly having been amended, will go to the Queen to sign it. The Sovereign is unlikely to decline this, and the last time the Royal Assent, as this is known, was refused was in 1707.

Raising Bills in the House of Lords Some bills are debated solely in the House of Lords. These tends to be noncontroversial bills, where the main problems are to do with the detail, rather than the principle. These bills must still be presented to the House of Commons, who must vote in favour of it, for it to become law.

Overruling the House of Lords The system allows for the House of Lords to be overruled. Bills dealing only with tax or government spending must be made law within one month, for example. Also after one year,

14

and in a new session of parliament, a bill rejected by the House of Lords can be sent for Royal Assent, bypassing the House of Lords.

Private Members Bills Any MP can propose a bill, called a private members bill. These are unlikely to be made law, but can be. The process is sometimes used to highlight the need for government action rather than to make law.

Parliamentary system in India13: The Cabinet system of Government in India works on the basis of several broad principles.

The features of Cabinet System in India are summarized below :Firstly, there is a constitutional head of the Government. The Queen in England and the President in India are the constitutional heads. The position of the constitutional head is one of dignity but not of power. The governmental powers are exercised by a council of ministers headed by the Prime Minister. The Prime Minister is appointed by the President and all other ministers are appointed by the President on the advice of the Prime Minister. The Prime Minister and the Council of Ministers hold office during the pleasure of the President. But the pleasure of the President is political rather than personal. So long as the Prime Minister and the Council of Ministers enjoy the support of the majority in the Lower House of the Parliament, the President cannot withdraw his pleasure. In a real sense, the Prime Minister is not the President’s nominee but the nation’s choice. Powers of the Government are exercised in the name of the President but the President acts only on the advice of the Council of Ministers. The 42nd amendment14 of the constitution has made it obligatory for the President to act only on advice. 13 http://www:importantindia.com/2069/features-of-cabinet-system-in-india. 14 the Constitution (42nd Amendment) Act,1976

15

Secondly, since the President acts only on advice given by the Council of Ministers, the responsibility for the President’s action is of the Council of Ministers. The Prime Minister and the Council of Ministers are collectively responsible to the House of People. If any policy or action of the Government is not supported by the majority in the House of People, the Government is obliged to vacate office. It is because of this responsibility to the Lower House, the cabinet government is also known as the responsible government.

Thirdly, in the cabinet system of government, an inner ring in the Council of Ministers, acts as the policy making part of the ministry. This policy making part, is known as the Cabinet. The Cabinet consists of the Prime Minister and the senior ministers whom the Prime Minister includes in the Cabinet. The Cabinet is an extra-constitutional body. In the constitution there is no mention of the cabinet.

Fourthly, the cabinet works on the principle of political homogeneity, The Prime Minister and the members of the Council of Ministers belong to the same party except in the rare instances of Coalition Governments. In fact all ministers are important party leaders. Collective responsibility obliges the ministers to hold the same views and to champion the same policy. Differences between ministers are ironed out in the closed door meetings of the cabinet. In public they must give the impression of solid unity. For they all sail or sink together.

Fifthly, the Prime Minister and the Cabinet maintains a close and intimate relationship with the Parliament. The Prime Minister is often a member of the Lower House and the leader of the majority. Most other members of the cabinet are drawn from the majority party in the Lower House. Ministers take part in debates, defend the government against opposition criticism, pilot bills and make the Parliament pass desired legislation.

Finally, the cabinet government in India, as it is In Britain, is the Prime Minister’s Government. The primacy of the Prime Minister is writ large everywhere. He the leader of the Cabinet and the Council of Ministers. All other ministers are appointed on his advice. The Prime Minister may dismiss any inconvenient minister at any moment. He chairs the meetings of the Cabinet. In the policy making his word is final. He is also the leader of the Parliament. With his assured majority in the Lower House of the Parliament, he can get any law passed. He is the Principal

16

channel of communication between the Cabinet and the President. He is also the country’s top spokesman in foreign affairs.

Advantages of a parliamentary system15:  One of the commonly attributed advantages to parliamentary systems is that it’s faster and easier to pass legislation. This is because the executive branch is dependent upon the direct or indirect support of the legislative branch and often includes members of the legislature. Thus, this would amount to the executive (as the majority party or coalition of parties in the legislature) possessing more votes in order to pass legislation. In a presidential system, the executive is often chosen independently from the legislature. If the executive and legislature in such a system include members entirely or predominantly from different political parties, then stalemate can occur. It could be said then that the will of the people is more easily instituted within a parliamentary system.  In addition to quicken legislative action, Parliamentarianism has attractive features for nations that are ethnically, racially, or ideologically divided. In a uni-personal presidential system, all executive power is concentrated in the president.  In a parliamentary system, with a collegial executive, power is more divided. It can also be argued that power is more evenly spread out in the power structure of parliamentarianism16.

15 http://enfranchise.wordpress.com/advantages-of-parliamentary-system.

17

 The prime minister seldom tends to have as high importance as a ruling president, and there tends to be a higher focus on voting for a party and its political ideas than voting for an actual person.  Parliamentarianism has been praised for producing serious debates, for allowing the change in power without an election, and for allowing elections at any time  The four-year election rule of the United States to be by some to be unnatural.

Criticisms of parliamentarianism17:  One main criticism and benefits of many parliamentary systems is that the head of government is in almost all cases not directly elected. In a presidential system, the president is usually chosen directly by the electorate, or by a set of electors directly chosen by the people, separate from the legislature. However, in a parliamentary system the prime minister is elected by the legislature, often under the strong influence of the party leadership. Thus, a party’s candidate for the head of government is usually known before the election, possibly making the election as much about the person as the party behind him or her.  Another major criticism of the parliamentary system lies precisely in its purported advantage: that there is no truly independent body to oppose and veto legislation passed by the parliament, and therefore no substantial check on legislative power .  Conversely, because of the lack of inherent separation of powers, some believe that a parliamentary system can place too much power in the executive entity, leading to the feeling that the legislature or judiciary have little scope to administer checks or balances on the executive.18 16 Dr. SR Myneni, Political Science341(Allahabad Law Agency.eds.,3rd.2010)

17 http://enfranchise.wordpress.com/disadvantages-of-parliamentary-system.

18 Dr. SR Myneni, Political Science342-43(Allahabad Law Agency.eds.,3rd.2010)

18

 Although it is possible to have a powerful prime minister, as Britain has, or even a dominant, as Japan has, parliamentary systems are also sometimes unstable.  Although parliamentarianism has been praised for allowing an election to take place at any time, the lack of a definite election calendar can be abused.

Conclusion: Thus to conclude we can say that on the basis of the relationship between the executive and the legislature, governments have been divided into two types, namely, the parliamentary form of government and the presidential form of government. Between the two, the former is older. In the parliamentary form of government, the executive is responsible to the legislature, but in the presidential type, the executive is not responsible to the legislature. Parliamentary Form of Government is the system of government in which there exists an intimate relationship between the executive and the legislative departments, and the stability and efficacy of the executive department depend on the legislature. Last but not the least ,the Parliamentary Government in Great Britain is the oldest one in the World and whenever we are to test the Parliamentary system in any country then we see whether it has the characteristics of the British Parliamentary system or not.

19

Bibliography & References: Internet sites: 

http://www.preservearticles.com/2011091313266/what-are-the-features-of-parliamentary-



form-of-government.html. http://www.studylecturenotes.com/social-sciences/law/440-what-are-the-main-

   Books:

characteristics-of-parliamentary-system http://en.wikipedia.org/wiki/Parliamentary_system http://www.importantindia.com/2069/features-of-cabinet-system-in-india/ http://enfranchise.wordpress.com/advantages-disadvantages-of-a-parliamentary-system/



Dr. SR Myneni, Political Science(Allahabad Law Agency.eds.,3rd ed.2010)



J.S.Badyal ,Comparative Political System And International Politics96(Raj Publishers.eds.,6th ed.2013)



Prof. Narender Kumar, Constitution of India (Allahabad Law Agency.eds.,8th ed.2011)

20