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Parliamentary & Presidential Form of Government: Gauri S

The document discusses the two primary forms of modern democratic government: parliamentary and presidential systems. It outlines the characteristics, merits, and demerits of each system, emphasizing the relationship between the executive and legislative branches. Additionally, it compares the parliamentary systems of Britain and India, highlighting key differences and similarities.

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0% found this document useful (0 votes)
104 views32 pages

Parliamentary & Presidential Form of Government: Gauri S

The document discusses the two primary forms of modern democratic government: parliamentary and presidential systems. It outlines the characteristics, merits, and demerits of each system, emphasizing the relationship between the executive and legislative branches. Additionally, it compares the parliamentary systems of Britain and India, highlighting key differences and similarities.

Uploaded by

yashischoksi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Parliamentary & Presidential

form of government
GAURI S.
Forms of government
Introduction

► Modern democratic governments are classified into parliamentary & presidential


forms on the basis of nature of relations between the executive & legislative
organs of the government.
► Parliamentary system- it is a system in which executive is responsible to the
legislature for its policies & acts.
► Presidential system –executive is not responsible to the parliament for its policies
& acts & is constitutionally independent of the legislature.
► The modern democratic nations has adopted either of these systems w.r.t.
functioning of the government.
Parliamentary form

Features
Merits
Demerits
What is a Parliament?

► The English term is derived from the 11th century Old French parlement, from parler,
meaning "to talk". The meaning evolved over time, originally referring to any discussion,
conversation, or negotiations. By the 15th century, in Britain, it had come to specifically
mean the legislature.
► In modern politics and history, a parliament is a legislative body of government.
► Generally, a modern parliament has three functions: representing the electorate, making
laws, and overseeing the government via hearings and inquiries.
► The term is similar to the idea of a senate, synod or congress, and is commonly used in
countries in both republics (India) as well as monarchies (U.K.)
Parliamentary system

► A parliamentary system or parliamentary democracy is a system of democratic governance of a


state where the executive derives its democratic legitimacy from its ability to command the support
("confidence") of the legislature, typically a parliament, and is also held accountable to that
parliament.
► In a parliamentary system, the head of state is usually a person distinct from the head of
government. This is in contrast to a presidential system, where the head of state often is also the
head of government and, most importantly, where the executive does not derive its democratic
legitimacy from the legislature
► The executives ( prime minister headed council of ministers) derives its power from legislature.
► The legislature constitutes mostly the directly elected representatives of people
► E.g. Britain, India, Japan , Denmark etc.
Westminster Model

► The term comes from the Palace of Westminster, the current seat of the Parliament of the United
Kingdom.
► The Westminster system or Westminster model is a type of parliamentary government that
incorporates a series of procedures for operating a legislature. This concept was first developed in
England.
► Key aspects of which include
i. an executive branch made up of members of the legislature, and that is responsible to the legislature;
ii. the presence of parliamentary opposition parties; and
iii. a ceremonial head of state who is different from the head of government.
Features of Parliamentary system

1. Nominal and Real Head: The head of the state holds a ceremonial position and is the nominal
executive. For example, the President.
2. In India, the head of government is the Prime Minister who is the real executive. Article 75 of the
Indian constitution provides for a Prime Minister to be appointed by the president. According to
Article 74, the Prime Minister headed council of ministers who would aid and advise the President
in the exercise of his functions.
3. Executive is a Part of Legislature: The Executive forms a part of the legislature. In India, the
person should be a member of parliament to become a member of the executive. However, the
constitution provides that a person can be appointed as a minister for a period of not more than six
consecutive months if he is not a member of the parliament, after which the person ceases to be a
minister.
4. Majority Party Rule: The party & coalition which wins majority seats in the elections of the Lower
House forms the government. In India, the President invites the leader of the majority party in Lok
Sabha to form the government. The President appoints the leader as the Prime Minister and the
other ministers are appointed by the President on the advice of the Prime Minister. The President
may invite a coalition of parties to form the government, in case, no party has got majority.
Contd.

5. Collective Responsibility: The council of ministers are collectively responsible to the parliament.
The lower house of parliament has an ability to dismiss a government by getting the no confidence
motion passed in the house. In India, the government survives till the time it enjoys support of the
majority of members in the Lok Sabha. Thus, Lok Sabha is empowered to introduce no-confidence
motion against the government.
[Link] Minister as the Centre of Power: In India, the Prime Minister is the real executive. He is the
head of the government, the council of ministers and the ruling government. Thus, he has to play a
significant and important role in the working of the government.
7. A Parliamentary Opposition: No government in the parliament can get hundred percent majority.
The opposition plays an important role in checking the arbitrary use of authority by the political
executive.
8. Independent Civil Service: The civil servants advice and implement decisions of the government.
Civil servants hold permanent appointments based on merit-based selection process. They ensure
continuity of employment even when the government changes. The civil service also ensures
efficiency in execution of duties and responsibilities.
Contd.

9. Bicameral Legislature: Most of the countries following parliamentary system, including India,
have bicameral legislature. The members of the Lower House of all these countries are elected by
the people. The Lower House can be dissolved, in case, the term of the government is over or there
is no scope of government formation due to lack of majority in house. In India, the President can
dissolve the Lok Sabha on recommendation of the Prime Minister.
10. Secrecy: The members of the executive in this system have to follow the principle of secrecy
in matters such as proceedings, executive meetings, policymaking etc. In India, the ministers take
oath of secrecy before entering their office.
11. Executive responsible to the legislature: The executive is responsible to the legislature. There is
a collective responsibility, that is, each minister’s responsibility is the responsibility of the whole
Council.
Merits of the Parliamentary System

1. Represents Diverse Group: The parliamentary form of government provides opportunity to various
ethnically, racially, linguistically and ideologically diverse groups to share their views in framing of
laws and policymaking. Countries, such as India, which have high level of diversity enables
accommodation by providing political space to various diverse sections of the society.
2. Better Co-Ordination Between Legislature and Executive: The executive is a part of the legislature.
As the government enjoys the support of majority of members in the lower house, the tendency of
disputes and conflicts decreases. It makes easy for the government to pass the legislation in the
parliament and implement them.
3. Prevents Authoritarianism: In a parliamentary system, the tendency of authoritarianism decreases
as the power is vested in the council of minister rather than a single individual. The parliament can
remove the government through no-confidence motion.
4. Responsible Government: The parliament can check the activities of the executive as the latter is
responsible to the former. In a presidential system, the president is not responsible to the legislature.
The members of the parliament can ask question, move resolutions, and discuss matters of public
importance to pressurize the government. Such provisions are not available in Presidential system.
Merits

5. Availability of Alternate Government: The lower house of the parliament can introduce and pass a no-confidence
motion. In such a situation, the head of the state invites the leader of the opposition party to form the government. In
the United Kingdom, the opposition forms a shadow cabinet for the cabinet of the government, so that they can
become ready for the role.
6. Harmony between legislature & executive- As executives are members of legislatures it acts as a harmonizing
factor between legislature & executive
7. More responsive towards public opinion as the head of the government & council of ministers are members who
have been directly elected.
8. Ensures accountability of the government- the executives being responsible to the Parliament, it ensures the
accountability.
9. Through various Parliamentary committees, the Parliament ensures hold & scrutiny over government.
10. The parliamentary conventions & tools facilitate transparency & efficiency on the governmental machinery.
Demerits

1. Unstable Government: The parliamentary system does not provide a stable government. There is
no guarantee that a government can survive its tenure. The ministers depend on the majority
legislators for their continuity and survival in office. no-confidence motion or political defection
or evils of multiparty coalition can make the government unstable.
2. No Continuity of Policies: The parliamentary system is not conductive for the formulation and
implementation of long-term policies. This is due to the uncertainty of the tenure of the
government. A change in the ruling party is usually followed by changes in the policies of the
government.
3. Dictatorship of the Cabinet: When the ruling party enjoys absolute majority in the Parliament,
the cabinet becomes autocratic and exercises nearly unlimited powers.
Contd.

4. Partisanship: In a Parliamentary system, political parties are guided morel partisan motives than by
national or people’s interests. The ruling party and the opposition see each other as enemies. While
the ruling party seldom sees any merit in the criticism the opposition, the opposition often opposes the
government for the sake of opposition.
5. Government by Amateurs: The Parliamentary government lacks competence and effectiveness,
because the ministers are mostly amateurs. As the ministers have to be appointed from among the
members of the legislature, the scope for appointing talented and competent people as ministers is
limited.
6. Failure to Take Prompt Decision: As the Council of Ministers does not enjoy a fixed tenure, it is
not able to adopt any bold, long-term policy. The problem is compounded I in a coalition government
which is often unstable. The coalition partners tend to fight among themselves. As a result, they fail to
adopt any bold policy.
Contd.

7. Weak Separation of Powers: In this system, the principle of separation of powers is


violated. As the ministers are the members of the ruling party or coalition, they dominate
policy-making though, in principle, policy-making is the domain of the legislature.
Parliamentary System : Britain vs India

Britain India
► Monarchy- the head of state in Britain is King ► Republic- India is a republican country. The head of
who enjoys the hereditary position and is not state is the President who is elected on the basis of
elected. proportional representation.
► In the UK, the parliament is the supreme ► Indian Parliament is not very supreme as some restricted
authority as they follow the principle of powers and is limited due to the presence of a written
Parliamentary sovereignty. constitution, the federal system, judicial review, and
fundamental rights.
► In Britain, the Prime Minister should be a
member of the House of Commons(Lower ► In India, the Prime Minister can be a member of any
House) of the parliament. house Rajya Sabha or Lok Sabha in the Parliament
Contd.

Britain India
► In Britain, usually, the members of parliament ► In India, a person who is not a member of any
only become Ministers. house can also become Minister but only for a
maximum period of 6 months.
► There is a concept of ‘Shadow Cabinet’ in the UK.
The shadow Cabinet is basically a cabinet formed ► There is no such concept as Shadow Cabinet in
by the opposition who keeps a check on the India.
activities and policies of the ruling government
► In India, the ministers are only accountable for
and can replace it once the ruling party falls.
their legislative and executive functions.
► In Britain, the Minister also has legal
► Ministers in India do not need to sign such a
responsibility also.
document.
► In Britain, ministers are required to countersign
the official acts of the Head of the state.
Presidential Form

Features
Merits
Demerits
Presidential form of government

► The system is based on the doctrine separation of powers & system of checks and balances .
► A presidential system, or single executive system, is a form of government in which a head of government
(president) leads an executive branch that is separate from the legislative branch in systems that use
separation of powers. It means head of the government is also head of the state.
► The executive in such systems is elected & often titled President.
► He is not responsible to legislature & can not in normal circumstances dismiss it.
► The legislature, on the other hand, may have right, in certain cases to dismiss the President through the
impeachment process like in U.S.A.
► President take more direct charge of policy than the Cabinet does in Parliamentary system; system of
spoils.
► The president is also head of the army & directly responsible for foreign policy.
Contd.

► Presidential system is that in which executive is constitutionally independent of the


legislature in respect to his tenure & the policy decisions.
Features of Presidential system

1. Single executive- the President who is both head of state & government is wielded with the executive powers.
2. President & legislators are elected separately
3. Non-responsibility- the executive is not responsible to the legislature for any of his acts/ policies etc. thus
establishing a non-responsible government.
4. Single membership- as the system is based on the division of powers the executives are not derived from the
legislature.
5. Domination of president as the ultimate authority lies with him.
6. President can not dissolve lower house of the legislature.
7. Separation of powers- as the organs of the government are constitutionally independent, it upholds the doctrine
of separation of powers.
Contd.

► Executive can veto acts of the legislature


► President has a fixed tenure
► President holds quasi-judicial powers e.g., the President can "grant Reprieves and Pardons
for Offenses against the United States”
► President is elected directly by the people through the electoral college thus heads the
popular sovereign.
► System of Spoils- the practice of a successful political party giving public office to its
supporters.
Merits

1. Stable executive/ government: It establishes a stable executive which does not depend upon the fluctuating will of the
legislature. Presidential system is more stable than parliamentary as coalition governments in latter can collapse as seen in
Indian experience.
2. Better policy implementation: The tenure of the executive is fixed and, therefore, the policy is carried without any fear or
favor. Further, a fixed tenure of office means a greater continuity of policies and programs and higher standard of
administration.
3. Direct reflection of people’s choice: As the President is elected by the people, it is a direct choice rather than being elected
by Member of Parliaments and Legislative assembly.
4. Better administration: President can appoint anyone as secretaries (minister equivalent). In India minister has to be Member
of Parliament. The top administrators are therefore experts in the field of administration to which they are assigned. Regarding
their selection and appointment, the President has a wider choice and he may appoint efficient people without any party
affiliations.
5. Stricter separation of powers: In Parliamentary system there is overlap in legislature and Executive, thus weakening the
prospect of legislature holding executive accountable.
Merits

6. Definiteness in policies due to the single executive


7. Government by experts ; catalyze better policy making & implementation.
8. No concentration of legislative & executive powers in the hands of few.
9. Less dominated by Party spirit thus increasing policy & administrative efficiency.
10 Valuable in time of war or national crisis as the Single executive headed government wields enough power to deal with
such crisis; e.g. President being a commander-in-chief.
[Link] of checks & balances ensures efficiency – It is the principle of government under which separate branches are
empowered to prevent actions by other branches and are induced to share power. The best example of checks and balances
is that the president can veto any bill passed by Congress, but a two-thirds vote in Congress can override the veto. Other
examples include: The House of Representatives has sole power of impeachment, but the Senate has all power to try any
impeachment.
Demerits

1. Autocratic: The presidential system appears to be autocratic because the President is empowered to act more or less in his
discretion.
2. Irresponsible government: It is irresponsible because the executive is made independent of the legislature. There is no
effective means by which the responsibility for the exercise of power may be ensured.
3. Lack of co-operation: Another weakness of the system is its failure to ensure the co-operation between law-makers and
administrators. Frequent conflicts between the legislature and the executive may lead to deadlocks.
4. Lack of accountability: There is no continuous accountability of the executive to the representatives of the people in the
legislature. The fixed term of office of the executive also curtails responsiveness to public opinion.
5. Inelastic: The major demerit of this system is that it is inelastic structure and uncertain in fixing up the final responsibility.
It is inelastic because, once the President has been elected, the nation must continue with him, no matter whether it likes or
dislikes his policies.
[Link] on important issues: Frequent conflicts between the legislature and the executive may lead to deadlocks.
Demerits

7. Narrow representation which does not facilitate varied interests.


8. System of spoils undermines both democratic & meritocratic principle.

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