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GOVENRMENT
CONSTITUTION II
Submitted by:
K. MOUNIKA
2013069
Submitted to:
Mr. A Nageshwar Rao
SEMESTER VI
ACKNOWLEDGEMENT
I have endeavoured to attempt this project. However, it would not have been feasible without the
valuable support and guidance of Mr. Nageshwar Rao. I would like to extend my sincere thanks
to him.
I am also highly indebted to Damodaram Sanjivayya National Law University Library Staff, for
their patient co-operation as well as for providing necessary information & also for their support
in completing this project.
TABLE OF CONTENTS
ACKNOWLEDGEMENT...............................................................................................................2
ABSTRACT......................................................................................................................................4
CHAPTER-I INTRODUCTION..................................................................................................6
INTRODUCTION...........................................................................................................................6
CHAPTER II FORMS OF GOVERNMENT.............................................................................8
THE PARLIAMENTARY SYSTEM...............................................................................................8
NATURE OF PARLIAMENTARY FORM OF GOVERNMENT:.................................................8
FEATURES OF PARLIAMENTARY FORM OF GOVERNMENT..............................................8
BENEFITS OF THE PARLIAMENTARY SYSTEM OF GOVERNMENT:...............................10
DISADVANTAGES OF THE PARLIAMENTARY SYSTEM OF GOVERNMENT:.................11
THE PRESIDENTIAL SYSTEM..................................................................................................13
FEATURES AND MERITS OF PRESIDENTIAL SYSTEM:.....................................................13
DISADVANTAGES OF THE PRESIDENTIAL SYSTEM:.........................................................13
CHAPTER III COMPARISION................................................................................................15
COMPARATIVE STUDY OF PARLIAMENTARY AND PRESIDENTIAL FORMS OF
GOVERNMENT...........................................................................................................................15
CHAPTER IV CONCLUSION..................................................................................................18
CONCLUSION..............................................................................................................................18
BIBLIOGRAPHY:.........................................................................................................................20
ABSTRACT
This project would mainly concentrate on a comparative study of parliamentary and presidential
form of government. The essence of the parliamentary form of government is that the head of the
state is the constitutional head and the real executive powers are vested with council of ministers.
The prime minister is the head of council of ministers. They are responsible to the house of
people. Though the executive power is vested in the president but he exercises with the advice of
council of ministers. In the presidential form of government theory of separation of power is
followed. It is a kitchen cabinet and there is no link between three organs. It is a stable
government which 4 years tenure, president is chief head of executive and administrative with
him.
Parliamentary Government:
1. The executive is not separated from the legislature. The members of council of ministers are
the members of legislature.
2. The executive is accountable to the legislature. The executive loses power when it loses the
confidence of the legislature.
3. In the Parliamentary government, one person is head of state while another persons is head of
government.
4. In the Parliamentary systems, the Prime Minister is most powerful.
5. In the Parliamentary system, the Prime Minister can appoint only the members of parliament
as minister.
6. In the Parliamentary system, the tenure of the executive is not fixed. The Council of Ministers
is dismissed if it loses the confidence of the legislature before its tenure is over.
7. The Parliamentary government is more democratic, because the executive (council of
ministers) is accountable to the legislature (Parliament).
8. There is less of separation of powers in the Parliamentary government.
9. During war and other emergencies, the Parliamentary government is relatively less effective
and successful.
Presidential Government:
1. The executive is completely separated I from the legislature. The members of executive are
not the members of the legislature.
2. The executive is not accountable to the II legislature. The legislature cannot remove the
executive from power] through no-confidence motion.
3. In the Presidential government, i same person is head of state as well as head of government.
4. In the Presidential system, the President is most powerful.
5. In the Presidential system, the President appoint persons from outside the legislature as
minister.
6. In the Presidential system, executive has a fixed tenure normally, the executive head
(President) stays in power for the whole term. It is not easy to remove him from power through
impeachment.
7. The Presidential government is democratic, because the executive (President) is not
accountable to the legislation
CHAPTER-I INTRODUCTION
INTRODUCTION
Presidential and Parliamentary forms of Government are two different systems of Government,
which are available in all countries of the world. These two systems are for good governance.
System of Government in every country is functioning with either Presidential or Parliamentary
form of Govt. Historically these two systems of Government are available in United States of
America and United Kingdom. The countries, remained under colonial system, had adopted the
system left by their masters except of some, for example USA adopted Presidential form of
Government after getting Independence from UK. Similarly, Nigeria also adopted the
Presidential form of Government after getting independence from France. Like this, Pakistan and
India had also adopted Parliamentary form of Government after getting independence from
United Kingdom, which was there at that time.1
1. In the Parliamentary form of government, there are two heads. One is a nominal head
while another is the real head. For example, in India, the President is the nominal head
while the Prime Minister is the real head. The President of India is the head of state while
the Prime Minister is the head of government. But in the Presidential form of
government, there is only one head. The President of America is the head of state as well
as the head of government.
2. In the Parliamentary system, the Council of Ministers headed by the Prime Minister is
responsible to the legislature. But in the Presidential type, the President and his ministers
are not responsible to the legislature.
3. In the Parliamentary type, the Council of Ministers will lose office if it loses the vote of
confidence / no confidence. But in the Presidential type, the President cannot be ousted
from power by a vote of no-confidence. He can be removed from office though
impeachment which is much more difficult than the vote of confidence/no confidence.
4. In the Parliamentary system, the government does not enjoy a fixed tenure."For example,
in India the government can stay in power for five years. But any time during this period,
the government can be removed from power through a vote of no-confidence. In the
Presidential system, the President has generally a fixed tenure because it is not easy to
impeach him.
5. There is not strict separation of powers in the Parliamentary type. The ministers are also
members of the legislature. But, in the Presidential type, the principle of separation of
powers is strictly followed. In the US, the President and his Ministers (Secretaries) are
not members of the Congress.
6. In the Parliamentary system, the Prime Minister is not fully free to choose his ministers.
He has to choose them from among the members of Parliament. But in the Presidential
system, the President enjoys much more freedom in selecting his ministers. He selects
them from a much wider field taking into account their experience and expertise.
7. At the time of crisis the Presidential executive is more successful in taking prompt and
bold decisions than the Parliamentary government.
8. The Presidential system of government provides more political stability than the
Parliamentary form of government.
the person holding the Presidential post may have great stature but he does not exercise his
power independently. Constitutionally, all the powers belong to him and every affair of the State
runs under his name and assent as articulated in Article 77 of our Constitution, but those powers
are actually exercised by the Council of Ministers headed by the Prime Minister who is the
head of the Government. This has been provided by the Constitution under Article 74. Thus,
there exist two heads of the executive, a real and a nominal head. The president has to act
according to the advice of the Council of Ministers or else it might be set aside.
2. Close Nexus between the Executive and Legislature: The Constitution-makers adopted a
partial separation of powers between the executive and legislature so that they are not totally
independent of each other. Therefore, under this system the executive and the legislature have a
close collaboration with each other. This is done by choosing the Council of Ministers from the
legislature, which involves 15% of the strength of the House of the People. The President
summons the legislature and gives his consent to the bills that are initiated and passed by the
legislature to make them Acts.
3. Accountability of the Executive4: The executives have to perform all those residuary
functions of the government which involve the implementation and administration of various
policies & Acts and orders determined by the legislature and ordered by the judiciary
respectively. In the Parliamentary system, the executive is responsible and accountable to the
legislature for all its actions since it has the right to seek detailed information about the working
of the Ministers. The Council of Ministers remain in office as long as they enjoy the support and
confidence of the Lok Sabha, i.e., the House of the People.
4. Collective Responsibility: The Council of Ministers has Collective Responsibility towards
each other which mean that the council shares the responsibility for the lapses of each and every
minister. Moreover, the individual minister cannot differ from the decision of the council,
particularly the Cabinet. Thus, in order to oppose the policy or decisions of the cabinet, the
minister has to resign from the council and then refute it on the floors of the legislature.
Therefore, the ministers swim and sink together.
4 Devesh Kapur And Pratap Bhanu Mehta, The Indian Parliament As An Institution Of Accountability, United
Nations Research Institute for Social Development, January 2006
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Leadership of the Prime Minister: J. Laski said, Prime Minister is central to formation,
central to growth and central to the death of the Council of Ministers. Since he is the Head
of the Government and also the Real head of the State, the President appoints and distributes
portfolios among the members of the Council of Ministers upon the recommendations of the
Prime Minister as enunciated by Article 75 of the Indian Constitution. The Prime Minister has
the power to dismiss any minister any time without assigning any reason. Also, his resignation
leads to the resignation of the entire Council of Ministers. He also serves as a link or pivot
between the Council and the President by conveying the decisions taken by the council after
every meeting.
The above are the essential features of the Parliamentary system of government in India.
Therefore, it can be said that this form of democracy rests on the Body of representatives or
Political Parties elected by the people of the country. The Indian Constitution has various
provisions facilitating the parliamentary system. It has also been held by the Supreme Court of
our country that the Parliamentary system forms the basic structure of our constitution and
therefore, many legal problems might arise if any switch from the present system is made.
BENEFITS OF THE PARLIAMENTARY SYSTEM OF GOVERNMENT:
The parliamentary form of government offers the following benefits owing to its features:
1. Smooth Functioning- The close link between the executive and the legislature avoids any
kind of conflict between the two organs of the government. This also ensures as working of both
of them in a complementary way to each other. In India, there is a concept of partial separation of
powers which accounts for freedom accompanied with responsibility and accountability.
Therefore, the two organs can function without any interference if they work as per the interest
of the masses.
2.Quick Decision Making- If the ruling party enjoys majority in the legislature, then the
executive can take decisions quickly and implement them without any hindrance and fear of
being let down on the floor of the House. This can be very helpful in case of constructive
decision making and overcoming the problems of procedural delays.
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3. Flexible System- This form of government is highly adaptive in nature to the changing
situations. An example of benefit of a flexible system can be seen in case of grave emergency,
wherein the leadership can be changed without any harassment and objections. This will enable
the government to tackle the situation efficiently as was seen in as it happened during World War
II in England when Mr. Chamberlain made way for Mr. Winston Churchill to handle the
War. Even the elections can be delayed till normality is restored in the country.
4. Open Administration- The executive remains vigilant and always tries to administer properly
and effectively in order to secure its electoral prospects and confidence of the Parliament. The
Parliament controls the executive, particularly the Cabinet in two ways:
5. Need of Confidence by the Government- Since by a motion of No Confidence against the
government would make the Prime Minister resign from his office, leading to the dissolution of
the Council of Ministers as a whole.
6. Financial Powers of the Parliament- The Government has to seek for financial grants by the
Parliament to implement its policies and for the purpose of administration. The Parliament has
the power to grant or refuse to grant the requested funds, thereby controlling the executive. The
House also has to control the expenditure made out of granted funds.
This control over the executive keeps it on its toes and ensures that there is no misuse of powers
and funds. The more mistake the executive commits, the less popular it gets and more
confrontation by the opposition and hence it becomes vulnerable to the restraint of funds and
collapse of the government.
DISADVANTAGES OF THE PARLIAMENTARY SYSTEM OF GOVERNMENT:
There is no system which can be completely foolproof. Irrespective to the soundness of this
system, there are certain flaws of this system which are as follows:
1. Absolute Majority- In case there is absolute majority enjoyed by the government in the
legislature, then the executive may become virtually dictatorial[xi]. It may become whimsical
and corrupt in using its powers without caring about the liberty and rights of the people.
2. Politicization of Administration- The executive is bound to take political considerations into
account before implementing any policy and decision. This can be said for the opposition too as
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it may oppose the government merely for the sake of politics rather than offering constructive
criticism after looking into the working of the government and interest of the people. This may
simply fail the purpose of democracy as people suffer at the cost of political considerations and
actions.
3. Unsuitable for Multi-party system- In a country like India where there are multiple parties
contesting elections, there is no absolute majority to one party and this leads to the formation of a
coalition government which is highly unstable and chaotic. The leader is also chosen after
political considerations and there is no autonomy and efficiency in the government. Dual party
system is the essence of parliamentary system as in Great Britain. India has witnessed a high
level of political instability due to the presence of numerous parties and this makes the system
flawed, chaotic and confused.
4. Emergencies- Professor Dicey has pointed out that the Parliamentary system fails to respond
properly to the critical situations since the Prime Minister has to consider the party and every
political outcome before coming to a decision. Also, the members of the Parliament are not
always unanimous to a particular decision. This may make the situation even worse and
uncontrollable.
5. Mal-administration- Since the government is elected from the social field, having no
administrative training, background or skill, the efficiency of the system depends largely on the
civil servants for proper formulation and implementation of the policies. Thus the bureaucrats
assume huge importance in the system and they often misuse their position leading to
maladministration.
Therefore we see that within the enlisted benefits of the parliamentary system, there are flaws
and lacuna too. This makes the system questionable and calls for a consideration over another
form of democracy in India, i.e., Presidential System of Government.
THE PRESIDENTIAL SYSTEM
The two forms of government are essentially different from each other. Briefly enlisting the
following:
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of emergencies by taking prompt and bold decisions. This concentration of executive power
and control makes the President to handle any situation effectively. He has no obligation to
convince the Ministers about the outcomes of the decision taken.
2. Checks and Balances- In the Presidential system, the executive, legislature and judiciary
are independent of each other. This separation of power contributes to checks and
balances in the system making it more democratic since there is no absolute
concentration of powers in the same body and the presence of other organs ensure proper
working of the system.
3. Stability and Efficiency- Since there is a fixed term for both the President and
legislature, there is political stability, continuation of policies and freedom to make long
term policies. Also, the President has the power to appoint competent and expert persons
as ministers. These ministers are answerable only to the President. This assures that they
perform their duty efficiently amounting to proper administration.
and there is no accountability of the executive to the legislature and people; which
President cannot be recalled by the people if he is found to be incompetent or dishonest,
instead of following a complicated and difficult process of his impeachment. Therefore,
there is every possibility of the misuse or abuse of those powers by the President.
2. Deadlock and Rigidity6- No accountability leads to lack of cooperation between the
executive and legislature. There is a tendency in both the organs to find fault and refute
5 S.A. Aiyar, Obama shows why India must not seek a presidential system, The Times of India Blogs as on
13th October, 2013, Last seen on 21/3/2014.
6 http://www.senate.gov/artandhistory/common/briefing/Senate_Deadlock_2013.htm
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each others decisions and policies. This gives rise to conflicts in the administration.
Moreover, this system is too rigid to adapt to the changing situations and demands. No
matter how grave or critical the situation demands the change of leadership, the
Presidential system cannot be changed instantaneously.
3. Foreign Policies- The President has no power to declare war even if the country is
attacked by an enemy. This power rests with the legislature. Also, the validity of foreign
treaties entered into by the President can be obtained after they have been ratified by the
4.
Legislature.
Impeachment-
15
assent.
Executive:
1) Prime minister is the nominal head of the Executive in India(Article 74) and his
council of Ministers shall have to be from either of the two houses of Indian parliament .
If not they have to be atleast get elected to either of the houses within 6 months. So
practically the PM has restricted freedom in selecting his council. Where as in USA the
president is free to nominate anyone as per his wish in to his councilofministers.
2) The Indian PM and his council works for the people on behalf of the parliament and
are responsible to the parliament for an y of their action where as in the USA the congress
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has minimal authority with respect to the president and his functioning. Exception
prevails
with
respect
to
the
Budgetary
laws
etc.
3) The PM of India and his Government must enjoy the support of majority in the
Loksabha where as in USA the president may or maynot enjoy the majority . Reason
being
that
president
of
USA
is
directly
elected
by
the
people.
17
of the officers, and thus democracy degenerates into bureaucracy. Some illiterate
members/ministers are elected on the basis of casteism having no educational background;
therefore, they do not have knowledge of the changes of the world. They depend on bureaucracy.
The Presidential system suffers from no such disadvantages. The ministers have the necessary
expertise, and so are not dominated by the civil servants. They know their business, and can see
to it that their policies and programs are faithfully carried out. President can change his minister
at anytime. He is not answerable to anybody.
(3) As the ministers are chosen from party men in the Parliamentary form, the party is deprived
of capable persons needed to keep the organization united, homogenous, strong and viable. As a
result of this drain of talent from the party to government, the party organization grows weak,
and indiscipline and infighting, are the result.
The Presidential system is largely free from these drawbacks, as well as from rivalry and friction
between the party bosses and the ministerial wing. The party and the government thus work in
harmony.
(4) The politics of defection is the worst fault of the Parliamentary form. Defections become the
order of the day. This result in corruption, nepotism, casteism, regionalism, and often short lived
coalition government are formed. Defection leads to multiplication of political parties, political
instability comes in the way of constructive work. This generates the pressure groups, which
always blackmail the ruling party as well as opposition party. Similarly, these groups also help
the bureaucracy in its effort to derail the system. This evil is unheard of in the other system.
In Presidential system of Government, one man almost all men because he possess the mandate
to do which he thinks fit and go ahead. No one can assert pressure on him.
(5) The legislators and M.Ps are not free to vote according to their conscience in the
Parliamentary system. They must obey the party-whip or face expulsion
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CHAPTER IV CONCLUSION
CONCLUSION
India as a nation is deeply divided into several groups with conflicting interests. In this situation
switching to presidential form of government can be counter-productive. True, parliamentary
form of government makes decision making process a lengthy one in India but it manages to
keep the political integrity intact. At least, it doesnt curtail the freedom of people. In presidential
form of government, the president can start behaving like an autocrat by imposing his decisions
on masses. Moreover, the nation is in no mood for any new experiment which could pose any
danger to its unity. India is very form of government much used to the parliamentary government
since British Raj. Switching to presidential form of government will add only confusion. At least
all the varied groups are getting representation in parliamentary form of government. Therefore,
India should continue with the parliamentary form of government. Every nation should adopt that
system which is most suitable to the citizen of that country instead following the system left by
their master, because this tendency do not develop the system of government. China is the
example, who adopted neither Presidential and Parliament system of Government nor
communism. There is the system having combination of Presidential and Parliamentary as well
as communist systems of Government. For example, there is Peoples Procurator ate, which is an
independent elected body for five years having power to lodge protest with the Supreme Peoples
Court against any decision/order passed by Supreme Court. As per my research there is no
countries, which have such system of check and balance. USA is another example, who adopted
different system of Government i.e Presidential form of Government instead parliamentary
system of Government left by United Kingdom. Intellectuals of America showing their
domination by change in the spells of English language. They also introduced the doctrine of
separation of power. This doctrine was not following in UK in the recent past. Judicial authorities
were being exercised by the House of Lords, who were also members of the Legislature.
Resultantly, sometimes they were exercising their influence in any one institute.
However, people love either Presidential or Parliamentary systems of Government. But
according to my notion Parliament system of Government is the best than Presidential system of
Government because this system contains option to select/chose the best one member who
represents every Constituency of country either Urban or Rural. Legislation is being made
keeping in view of the reservations of all constituency. Prime Minister leads the house with all
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members and tries to run the affairs of Government with consensus of majority. There is no
absolute power. All matters either domestic or international are decided with consensus of
political parties. All members keep close contact with the citizens of their constituencies, which
result fruitful public opinion.
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BIBLIOGRAPHY:
1.Definition according to http://www.merriam-webster.com, Last seen on 17/2/2016
2. Devesh Kapur And Pratap Bhanu Mehta, The Indian Parliament As An Institution
OfAccountability
3. According to Durga Das Basu, Commentary on The Constitution of India, (8th Edition 2012
,4. Devesh Kapur And Pratap Bhanu Mehta, The Indian Parliament As An Institution Of
Accountability, United Nations Research Institute for Social Development, January 2006
5.Ramesh
Thakur
Parliamentary
Government
Trumps
Presidential, as
on
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