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BRITISH CONSTITUTION
The Evolution of English Constitution

This new work casts light upon the British constitution of today by means of an in-depth
consideration of eight key moments in British constitutional history. The historical perspective
adopted in this book facilitates an informed and contextual understanding of the intricacies of the
contemporary British constitution. Indeed the book is based upon the premise that it is
impossible to fully comprehend the nature, content and implications of today's constitution
without a firm grasp on how it evolved into its present form. Each of the eight main chapters
focuses upon a different event in constitutional history which has contributed certain principles
or practices to the modern day constitution, and explains how these principles or practices
evolved and highlights their modern day significance. Historical events covered include the 1688
Glorious Revolution, the 1707 Union between England and Scotland, the 1911 Parliament Act
and the 1972 European Communities Act.

Development of the United Kingdom

England is one of the four constituent parts of the United Kingdom of Great Britain and Northern
Ireland (UK), a political union that includes England, Wales, Scotland, and Northern Ireland.
The UK is recognized as a sovereign state, and its development has been marked by several key
milestones:

 1535 and 1542: The Laws in Wales Acts incorporated Wales into the English legal
system.
 1603: The Union of the Crowns established a shared monarch for England and Scotland,
marking the beginning of their connection.
 1707: The Act of Union unified England and Scotland into a single kingdom, creating the
Kingdom of Great Britain.
 1801: The United Kingdom of Great Britain and Ireland was formed.
 1922: Following the partition of Ireland, 26 of the 32 counties became an independent
state, while the remaining six counties continued as part of the United Kingdom of Great
Britain and Northern Ireland.

Development of the UK Constitution

The UK does not possess a single, codified constitution. Instead, its constitutional framework is
derived from multiple sources, including statutes, common or case law, and international treaties.

Until the end of the seventeenth century, British monarchs held executive powers, allowing them
to enact and pass legislation. However, even then, they were required to adhere to the law and
consider the will of the people. A significant early example of this is the signing of the Magna
Carta in 1215, which compelled King John to acknowledge the rights of noblemen and other
freemen against the Crown.

The constitutional monarchy we see today emerged during the eighteenth and nineteenth
centuries, as real power increasingly shifted to Ministers in Cabinet and to Parliaments elected
by a growing electorate. The Representation of the People (Equal Franchise) Act 1928
established a voting age of 21 for both men and women, achieving equal and universal adult
suffrage. Later, the voting age was lowered to 18 with the Representation of the People Act
1969, which was eventually consolidated into the Representation of the People Act 1983.

The British Constitution is derived from a variety of sources, with the main ones including:
Statutes, such as the Magna Carta of 1215 and the Act of Settlement of 1701. Laws and Customs
of Parliament, including political conventions. Case Law, which encompasses constitutional
matters decided by the courts. Writings of Constitutional Experts, such as Walter Bagehot and
A.V. Dicey.

Two fundamental principles underpin the British Constitution:

 The Rule of Law
 The Supremacy of Parliament

Salient Features

 Unwritten: One of the most significant aspects of the British Constitution is its unwritten
nature. There is no single, precise document that constitutes it; instead, it is based on
conventions and political traditions that have evolved over time. This contrasts with a
written constitution, which is typically the product of a constituent assembly. In
comparison, the Indian Constitution is the longest written constitution in the world.

 Evolutionary: The British Constitution exemplifies evolutionary development; it was

never created by a constituent assembly and has developed continuously over more than
a thousand years. It is often described as a product of both wisdom and chance. The
Indian Constitution, while written and well-defined, also allows for evolution through its
amendment provisions, enabling it to adapt to changing societal needs.

 Flexibility: The British Constitution is characterized by its flexibility, allowing laws to

be passed, amended, or repealed by a simple majority (50% of those present and voting)
in Parliament. There is no distinction between constitutional law and ordinary law, which
facilitates adaptability to changing circumstances. In contrast, the Indian Constitution is
both flexible and rigid. Certain features, such as sovereignty, secularism, and the
republic, are deemed sacrosanct, while the Constitution itself remains amendable.

 Unitary vs. Federal Features: The British Constitution has a unitary character, with all
governmental powers vested in the sovereign British Parliament. Executive bodies are
subordinate to Parliament, exercising delegated powers and remaining accountable to it.
In contrast, the Indian Constitution is federal, establishing a clear division of powers
between the central government and various states.
  Parliamentary Executive: One notable similarity between the British and Indian
Constitutions is their parliamentary form of government, which, along with the
sovereignty of Parliament, defines their political structures. In Britain, the monarchy is
largely symbolic, with the King holding no real powers. The actual governance is carried
out by Ministers who are part of the majority party in Parliament and remain in office as
long as they retain its confidence. The Prime Minister and their Ministers are accountable
to the legislature for their actions and policies, illustrating the integration of the executive
and legislative branches, unlike in a presidential system.

 Sovereignty of Parliament:- Sovereignty refers to supreme power, and a key feature of

the British Constitution is the sovereignty of the British Parliament, particularly in the
absence of a written constitution.
The British Parliament serves as the sole legislative authority, possessing the unfettered
power to create, amend, or repeal any law. Although India's Parliament also has legislative
powers at the state level, the authority of the Indian Parliament is roughly comparable to that of
the British Parliament.
In the UK, courts lack the power to question the validity of laws passed by Parliament, which
can amend constitutional provisions with the same ease as ordinary legislation. This contrasts
sharply with the Indian judiciary, which has the authority to review laws for legality, particularly
under the Basic Structure doctrine, allowing it to challenge laws that violate fundamental
principles.

 Role of Conventions:- Conventions are unwritten rules that play a crucial role in the
British political system, providing flexibility and often negating the need for formal
amendments. For instance, while the Queen technically has the prerogative to refuse
royal assent to legislation, convention dictates that she does not exercise this power,
making it a de facto principle of the constitution. However, the legal status of
conventions is subordinate to written law.

 Rule of Law: Another fundamental aspect of the British Constitution is the Rule of Law,
which embodies the principles of constitutionalism and limited government. This
principle helps prevent arbitrary actions by the executive. According to A.V. Dicey, the
Rule of Law consists of three key tenets: Protection from Arbitrary Arrest: Individuals
have the right to defend themselves against wrongful detention.

 Equality Before the Law: Everyone is equal under the law, regardless of their status.
This concept differs from Administrative Law, which may grant certain immunities to
public officials. In the absence of a formal constitution and fundamental rights, the
judiciary plays a critical role in upholding these principles.

 Judicial Independence: The judiciary recognizes and enforces common law rights,
allowing people to enjoy legal protections even without a formal Bill of Rights. However,
the Rule of Law is not always fully realized due to several factors, including: The
expansion of Administrative Law. The rise of Delegated Legislation. The impact of
 internal and external emergencies. These trends have been described as contributing to a
form of "New Despotism

 Independence of Judiciary: The Rule of Law is further reinforced by provisions that

protect judicial independence. Judges can only be removed for serious misconduct and
require the consent of both Houses of Parliament for removal. This allows judges to make
impartial decisions without fear of repercussions. A similar emphasis on judicial
independence is enshrined in the Indian Constitution, where it is considered a core aspect
of the Basic Structure doctrine.

 THE BRITISH PARLIAMENT

The British Parliament is one of the remarkable and most successful Parliaments in the
world. Its growth is gradual and in many phases of history its development is haphazard
too. In the absence of separation of power the Parliament in Britain works in close
relationship with the executive and judiciary.

 COMPOSITION OF THE PARLIAMENT

The British Parliament consists of the King and two houses. The Upper House is known
as the House of Lords and the Lower House is called as the House of Commons. The
former is a symbol of aristocracy, while the latter is a representative of people. The
former is much bigger in composition, but regarding the power and function, the lower
house exerts much more influence.

 THE HOUSE OF LORDS

The House of Lords is the Upper House of the British Parliament. It is the oldest second chamber
in the world. It is basically a hereditary institution representing the royal and aristocratic
segments of the population.

The House of Lords is the upper chamber of Parliament. It functions as a revising chamber,
providing expertise, reflection, and scrutiny to proposed legislation. Unlike the Commons, it is
not an elected body. Membership includes a mix of life peers, hereditary peers, and bishops.

COMPOSITION OF HOUSE OF LORDS

The membership of the House of Lords is not fixed. It has more than 1100 members and this
number varies through deaths and creation of new peers. As of May 2009, the House of Lords
had 738 members. It is a permanent chamber and most of the peers hold office for the whole life.
All these members are grouped in the following seven distinct categories- Princes of the Royal
Blood: Now-a-days they do not take part in the proceedings of the House. This category of peers
includes all such male members of the Royal family who have attained maturity and are within
the specified degrees of relationship and are conferred the title of Duke

 Hereditary Peers
 Hereditary peers are members of the House of Lords who get their titles from their family
(passed down from parents).
 Earlier, they made up around 90% of the House of Lords members.
 The Crown (King/Queen) can create any number of hereditary peers.
 Some people cannot be hereditary peers, such as:
o People under 18 years of age
o Foreigners (aliens)
o People who are bankrupt
o People serving a sentence for serious crimes (like felony or treason)
o Women (Note: this was true before 1963)
 Since 1963, women can also become hereditary peers.
 According to the Peerage Act of 1963:
o If someone inherits a peerage, they can give it up (disclaim it) within 12 months.
o After disclaiming, they can stand for elections to the House of Commons.

 Representative Peers of Scotland

 Originally, there were 16 Scottish peers in the House of Lords.

 They were elected by other Scottish peers as per the Treaty of Union (1707).
 In 1963, the Peerage Act ended this election system.
 Now, all Scottish peers can become members of the House of Lords by inheritance
(hereditary basis).

 Representative Peers of Ireland

 Originally, 28 Irish peers represented Ireland in the House of Lords.

 After 1922, when Ireland became a free state, no new Irish peers were created.
 Now, there are no Irish peers in the House of Lords.

 Lords of Appeal in Ordinary (Law Lords)

 There were 21 Law Lords, who were top legal experts.

 They were appointed by the Crown (King or Queen).
 These Law Lords were responsible for judicial work before the UK Supreme Court was
created in 2009.

 Lords Spiritual

 There are 26 Lords Spiritual in the House of Lords.

 Includes:
 o 2 Archbishops: Canterbury and York
o 24 Senior Bishops of the Church of England
 They represent the religious authority in Parliament.

 Life Peers

 Created under the Life Peerage Act of 1958.

 These are people who have held high offices in government (like ministers) and are
honoured after retirement.
 Titles are not passed on to children—they are only for life.

Powers and Functions of the House of Lords

Historical Background

 Originally, the British Parliament was an advisory body to the King/Queen.

 Over time, Parliament claimed more power, and a power struggle began between the
House of Commons and House of Lords.
 This led to the Parliament Act of 1911, which took away many powers of the House of
Lords—especially in money bills and legislation.

Parliament Act of 1911 – Key Changes

 Gave exclusive power over money bills to the House of Commons.

 A money bill can become law even if the House of Lords rejects it, as long as:
o It is sent to the House of Lords at least one month before the session ends.
 A non-money bill passed by the House of Commons in three sessions over two years can
also become law without the Lords’ approval.

Parliament Act of 1949 – Further Changes

 Reduced the Lords’ delaying power to just one year.

 Now, a bill passed by the House of Commons in two sessions with one-year gap can
become law even if the Lords reject it.

Present Powers of the House of Lords

Executive Powers:

 Members can:
o Ask questions
o Debate government policies
 These debates influence public opinion.
 Some Lords are in the cabinet, but:
 o The government is not responsible to the House of Lords.
o The House of Lords cannot remove the government by a no-confidence motion.

Legislative Powers:

 Power is limited.
 Non-money bills can be introduced here, but:
o 90% of bills start in the House of Commons.
 A non-money bill passed by the House of Commons in two sessions over a year becomes
law, even if the Lords reject it.

Financial Powers:

 The House of Lords has almost no power over financial matters.

 Money bills cannot be introduced here.
 If the Lords delay a money bill for over a month, it can still become law with the Queen’s
approval.

Judicial Powers:

 Earlier, the House of Lords was the highest court of appeal in the UK.
 Only Law Lords (senior judges) used to hear cases.
 It also had the power to try impeachment cases, but that power is now obsolete.

Criticisms of the House of Lords

1. Outdated in a Democracy

 The House of Lords is seen as an old institution not suitable for a modern democracy.
 Most members are not elected by the public—they get in through birth or title.

2. Poor Participation

 Only 80–90 peers take part in most decisions.

 About half the members never speak in debates.
 Quorum is just 3 people, showing lack of active involvement.

3. Political Bias

 The House is usually dominated by the Conservative Party.

 It often supports bills passed by the Conservative-led government.
 As Laski said:

4. Represents the Rich

  Many Lords are:
o From wealthy landowning families
o Connected to industries and businesses
o Related through marriage or friendship with Conservative leaders
 They generally represent the rich, not the common people.

Why the House of Lords Still Exists

Despite all the criticism, the House of Lords still functions because:

 It can ask important questions to ministers.

 It helps in discussing government policies and shaping public opinion.
 It acts as the final court of appeal in the absence of a supreme court (before 2009).
 It helps save time by handling non-controversial Private Bills.

Attempts to Reform or Abolish

 The Labour Party wanted to abolish the House of Lords.

 The Labourl Party suggested creating a new second chamber elected by people.
 But despite these efforts, the House of Lords still exists, mostly in the same form with
minor reforms brought by:
o Parliament Act of 1911
o Amendment Act of 1949

House of Commons

Introduction

The House of Commons is the lower chamber of the British Parliament and is the most powerful
body in the UK's legislative structure. It represents the people directly through elected Members
of Parliament (MPs). All key legislative and financial matters begin here, making it central to
British democracy.

Historical Background of the House of Commons

The House of Commons evolved over centuries:

  Originated in the 13th century when knights and burgesses were summoned to advise the
monarch.
 By the 17th century, it gained prominence during conflicts like the English Civil War,
asserting itself against the monarchy and the House of Lords.
 Over time, reforms like the Reform Acts (1832, 1867, 1884) expanded the electorate and
strengthened the Commons' democratic character.

Composition of the House of Commons

 Number of Members

 The House of Commons has 650 Members of Parliament (MPs).

 Each MP represents a single parliamentary constituency across the UK.

 Qualifications and Disqualifications

 A person must be at least 18 years old to become an MP.

 British, Irish, and Commonwealth citizens are eligible.
 Disqualifications include: bankrupts, civil servants, judges, members of armed forces or police,
and convicted criminals.

 Tenure and Dissolution

 MPs are elected for a maximum term of five years.

 The Prime Minister can ask the monarch to dissolve Parliament earlier.
 Under the Fixed-term Parliaments Act 2011, early elections can occur under specific conditions
(though this act has been repealed in 2022 by the Dissolution and Calling of Parliament Act).

 Constituencies and Elections

 The UK is divided into 650 constituencies.

 First-Past-the-Post (FPTP) voting system is used.
 The candidate with the most votes wins, regardless of whether they have a majority.

Officers and Leadership

 The Speaker of the House

 Elected by MPs to maintain order during debates.

 Must be impartial and resign from party duties after election.
 Has disciplinary powers over MPs.

 Leader of the House and Opposition

  Leader of the House manages government business.
 Leader of the Opposition heads the largest non-government party and critiques
government policies.

 Whips

 Ensure party discipline and that MPs vote according to party lines.
 Act as communication link between leadership and MPs.

Powers and Functions of the House of Commons

 Legislative Powers

 Most laws originate in the House of Commons.

 A bill passes through multiple readings, committee scrutiny, and debates before
becoming law.
 Commons has final authority; even if the Lords reject a bill, the Commons can override it
under the Parliament Acts (1911 & 1949).

 Financial Powers

 Exclusive control over financial matters.

 All money bills must be introduced in the House of Commons.
 The Lords can’t amend or reject money bills.
 The government cannot spend money or collect taxes without Commons’ approval.

 Executive Control and Oversight

 Government is accountable to the House of Commons.

 The Prime Minister and cabinet must be MPs (usually from the majority party).
 Commons can remove a government through a vote of no-confidence.
 Regular sessions like PMQs (Prime Minister’s Questions) and select committees ensure
transparency and accountability.

 Judicial and Miscellaneous Function

 Formerly had a role in impeachment (now obsolete).

 Passes motions and resolutions expressing national will.
 Represents public opinion on national and international matters.

 Difference Between House of Lords and House of Commons

Feature House of Commons House of Lords

Position in Lower House Upper House
 Feature House of Commons House of Lords
Parliament
Elected Members of Parliament Appointed, hereditary, and spiritual
Membership
(MPs) members
Number of Around 750 members (no fixed
650 MPs
Members number)
Elected by the public through Appointed by the monarch on advice,
Method of Entry
general elections some inherited
Representative
Directly represents the people Does not represent the people directly
Nature
Life tenure (for life peers); bishops and
Tenure 5 years (unless dissolved earlier)
hereditary peers vary
Led by the Prime Minister and Led by the Lord Speaker and Lords
Leadership
Speaker Spiritual
Main law-making body, can Can revise and delay laws (limited
Legislative Powers
override Lords power)
Cannot introduce, amend or reject
Financial Powers Controls money bills exclusively
money bills
Can remove government through
Executive Control Cannot remove government
no-confidence vote
Used to be highest court (before
Judicial Powers None
Supreme Court, 2009)
Debates & Active political debates and party
More deliberative and less partisan
Committees politics
Strong party system; whip
Party Politics Less strict party control
discipline is strict
Public Lords are not directly answerable to
MPs are answerable to voters
Accountability public
Central to law-making, finance, and Secondary, advisory and revising
Role in Governance
administration chamber

Executive

In Britain, the term "Crown" refers to the executive authority, which was historically embodied
by the King. Today, the Crown includes several key institutions:

1. The King
2. The Prime Minister
3. The Council of Ministers (CoM)
4. Permanent Executive, or Civil Servants
5. Privy Council
1. The Monarch – The Constitutional Head

Current Monarch: King Charles III

The British monarch is the Head of State, but under the constitutional monarchy, the King
reigns but does not rule.

✨ Functions of the Monarch:

Though largely ceremonial, the monarch plays key roles:

 Appoints the Prime Minister (usually the leader of the majority in the House of
Commons).
 Summons and dissolves Parliament.
 Gives Royal Assent to bills passed by Parliament.
 Delivers the King's Speech at the opening of Parliament.
 Appoints judges, ambassadors, bishops, and military officers (formally).
 Is the Commander-in-Chief of the armed forces.
 Meets foreign leaders and represents the UK in ceremonial functions.

➡ All these actions are done on the advice of the Prime Minister and Cabinet. The monarch
cannot act independently.

2. The Prime Minister – The Real Head of the Executive

The Prime Minister (PM) is the head of the government and the most powerful person in the
British political system.

Appointment:

 The monarch invites the leader of the party that has a majority in the House of
Commons to form the government.
 If there is a hung parliament, the monarch appoints the person most likely to command
a majority.

Qualifications (in practice):

 Must be a Member of Parliament (MP).

 Usually the leader of the majority party.

Functions and Powers of the Prime Minister:

1. Political Leader: Head of the ruling political party.

2. Chief Policy-Maker: Decides government policies and programs.
 3. Head of the Cabinet: Chairs Cabinet meetings, sets the agenda.
4. Leader of the Nation: Represents the UK at national and international levels.
5. Chief Spokesperson of the Government: Addresses Parliament and the people.
6. Recommends Appointments: Judges, ambassadors, bishops, peers, etc.
7. Coordinates Ministries: Supervises the work of all ministers and departments.
8. National Security and Defence: Oversees defence matters, along with the Defence
Secretary.

Limitations:

 The PM must always enjoy the confidence of the House of Commons.

 Must act within the framework of Parliament and the Cabinet.

3. The Cabinet – The Core of the Executive

The Cabinet is a group of the most senior ministers in the government, selected by the Prime
Minister.

Composition:

 Around 20–25 top ministers.

 Includes heads of major departments like Finance, Foreign Affairs, Home, Defence,
Health, etc.

Features:

 It is the real decision-making body of the executive.

 All Cabinet members must be Members of Parliament (either Commons or Lords).
 Follows collective responsibility – all members support decisions publicly.


Functions of the Cabinet:

1. Policy Formulation: Finalizes key policies and decisions.

2. Legislative Planning: Decides the legislative agenda.
3. Crisis Management: Handles national emergencies.
4. Coordination: Coordinates between various departments.
5. Administration: Approves important administrative decisions.

4. Council of Ministers

The Council of Ministers includes:

 The Cabinet Ministers (senior-most).

 Ministers of State (junior ministers).
 Parliamentary Under-Secretaries (assistant ministers).
This broader group helps in running the large and complex machinery of the government.

5. Civil Service – The Permanent Executive

The Civil Servants are government officials who assist the ministers in policy implementation
and administration.

Features:

 Non-political and neutral.

 Permanent staff.
 Provides expert advice and continuity.

The Civil Service ensures that decisions made by the government are carried out effectively
across the UK.

In practice, the Prime Minister often wields considerable influence, bolstered by both formal and
informal factors, such as their role as the link between Parliament and the Crown, party position,
and prevailing political circumstances.

Differences between the British and Indian Prime Ministers

The constitutional role of the Indian Prime Minister is modeled on the British system, with one
key difference: in India, the Prime Minister can be a member of either the Lok Sabha (House of
the People) or the Rajya Sabha (Council of States). In contrast, it is conventionally expected that
the British Prime Minister will always be a member of the House of Commons.

Privy Council

Historically, the Privy Council served as an advisory body to the monarch. Its significance has
diminished with the rise of the Cabinet, as Cabinet decisions are effectively those of the Privy
Council. The Privy Council retains some supervisory authority over universities like Oxford and
Cambridge and plays a role in resolving disputes related to the Church, as well as acting as a
Court of Appeal in certain admiralty cases.

Permanent Civil Servants/British Bureaucrats

The British bureaucracy, which influences the Indian bureaucratic system, has several defining
characteristics:

 It is largely comprised of generalists.

 Civil servants are expected to maintain political neutrality.
 Recruitment is conducted through competitive examinations.
 They enjoy significant immunities.
 Critics argue that the British bureaucracy is elitist and lacks representativeness.
 Bureaucrats are sometimes referred to as "New Despots."
  The bureaucracy is said to operate behind the principle of ministerial responsibility.

This complex system reflects both the strengths and challenges inherent in the governance
structures of the UK.

Features of the British Executive

 Parliamentary System: The executive is responsible to the legislature.

 Bicameral Legislature Connection: The executive is formed from members of the Parliament,
particularly the House of Commons.
 Dual Executive: The British system has a titular executive (the King/Queen) and a real executive
(the Prime Minister and Cabinet).
 Rule of Law and Constitutional Monarchy: The Monarch must act according to the law and on
the advice of the ministers.

British political party system

 Origin of the British Political Party System

1. Early Parliamentary Developments (Before 17th Century)

 In the beginning, there were no formal political parties in Britain.

 The English Parliament, which started as an advisory body to the king, included nobles,
landowners, and clergy.
 These members acted independently, representing local interests, not political
ideologies.
 But groupings and alliances began forming based on views about the king’s powers,
religion, and governance.

2. English Civil War and Rise of Factions (1642–1651)

 The English Civil War between King Charles I and Parliament divided people into
two main camps:
o Royalists (Cavaliers): Supported the king’s divine right to rule.
o Parliamentarians (Roundheads): Supported more power to Parliament and
limitations on monarchy.
  These groups were not political parties, but their opposing views created the early basis
of party ideology.

3. The Glorious Revolution (1688) and Birth of Two Political Groups

 After the Glorious Revolution, King James II was replaced by William III and Mary
II, leading to a constitutional monarchy.
 Two major groups emerged in Parliament:
o Whigs: Supported parliamentary supremacy, religious tolerance, and
constitutional monarchy.
o Tories: Supported strong royal authority, the Church of England, and traditional
values.

👉 This was the first time Britain had two clear political "parties" in Parliament.

4. 18th Century: Whigs vs. Tories

 These early parties were not organized like modern parties — they had no
membership, offices, or manifestos.
 Whigs dominated politics for much of the 18th century.
 Tories represented rural landowners and Anglican values.
 Over time, these groups became more organized and started developing party leaders,
followers, and ideologies.

5. 19th Century: Evolution into Modern Parties

 Tories transformed into the Conservative Party in the 1830s under Sir Robert Peel.
 Whigs, radicals, and reformers came together to form the Liberal Party in 1859.
 The Liberal-Conservative rivalry became the foundation of Britain's two-party system
in the 19th century.

6. Role of Reforms in Strengthening the Party System

 Several Reform Acts (1832, 1867, 1884) expanded the right to vote to more men.
 This increased the need for:
o Organized campaigning
o Political messaging
o Local party structures
👉 Thus, parties became more mass-based, involving the public, not just elites.

7. Early 20th Century: Entry of the Labour Party

 The Labour Party was formed in 1900 to represent the working class and trade
unions.
 By 1920s, it replaced the Liberal Party as the main rival to the Conservatives.

FEATURES OF POLITICAL PARTIES IN UK

 Bi-party system
 Extra -Constitutional Entity: Political parties are extra constitutional growth in Britain.
These are not mentioned either in the constitution or any law of the country. Political
parties have emerged gradually throughout the history of the British political system.
 Strong Organizational Structure: Political parties in the United Kingdom are also
characterized by the existence of strong party organizations. There are regular party
elections and their inner party discipline is very strong.
 Organized Opposition Party: The opposition party in Britain is also no less important
than the ruling party. The organized opposition with its ‘shadow cabinet’ acts as an
instrument of control over the ruling cabinet. It has vigilance over the working of the
government. It brings into light the omission and lapses of the ruling party. The leader of
the opposition is regarded as the next alternative Prime Minister and his views are
respected by the ruling government.
 Continuity in Operation: The political parties in Britain remain active in both electoral
and political activities throughout the year. As soon as an election is over all the political
parties begin to prepare for the next election. In this way they keep a good look at the
wishes of the people all the time. This has contributed to the success of the British
democracy as an institution that caters for the needs of people for all time.

LABOUR PARTY

1. Origin and Growth

 Formed in 1906 as the political expression of the working class movement.

 Emerged from trade unionism and socialism.
 Became the second largest party in the 1922 general elections.

2. Early Structure

 Initially a federation of trade unions, socialist societies, and councils.

  Individual membership was not open before 1918.
 After World War I, membership opened to all individuals supporting the party’s
constitution and programme.

3. Components of Labour Party

Composed of four major groups:

1. Socialist and semi-socialist societies

2. Intellectuals and professionals
3. Trade unions and co-operative societies
4. Local party organizations

4. Membership

 Open to all sections of society (teachers, businessmen, officers, bishops, farmers, etc.).
 Two ways to become a member:
1. Through affiliated organizations
2. Direct membership via local constituency party.

5. Annual Party Conference

 Main policy-making body.

 Includes delegates from all member organizations.
 Adopts resolutions that guide the party’s actions.
 Issues instructions to the National Executive Committee, MPs, and local authorities.

6. National Executive Committee (NEC)

 Administrative wing of the party.

 Elected by the Annual Conference.
 Handles day-to-day affairs, party approval for election candidates, and disciplinary
actions.
 Must report its actions to the Annual Conference for review.

7. Parliamentary Labour Party (PLP)

 Consists of elected Labour MPs in the House of Commons.

 Forms the government if in majority; leader becomes Prime Minister.
 When in opposition, it creates a shadow cabinet.
 Elects:
o Leader and Chairman
o Deputy Leader
o Chief Whip
o 12 other members to form a 15-member Parliamentary Committee.
8. National Council of Labour

 A coordinating body for the Labour Party's various organs.

 Composed of 21 members:
o 7 from Trade Union Congress
o 5 from NEC
o 4 from PLP
o 4 from Co-operative Union

(ii) Objectives of the Labour Party: The following are the major objectives of the Labour
Party: Along with the elimination of class struggle, labour party wants to establish a welfare
state in the United Kingdom.
 It wants to democratize the institution of Monarchy and House of Lords.
 It holds that all private property and enterprises should be brought under the control of
the state. The key industries need to be nationalized.
 It is opposed to the communist philosophy in the sense that it believes that the regulation
and control that a socialist economy require, should not impinge on the basic liberties of
citizens. Freedom of discussion and criticisms should be properly safeguarded.
 It speaks for self government in Colonies and Dependencies under the British Empire In
the arena of politics as well as economics, the Labour party has been advocating the
policy of Liberalization since 1990s.
 In international relations, the dream of the party is to set up a Socialist Commonwealth
in the long run, but for the time being it wants to build close ties with the United Nations
and build up collective security.

CONSERVATIVE PARTY

The Conservative Party is the successor to the Tories which was founded in 1678. It is the party
of the aristocratic, wealthy, rich and upper middle class of the British society. It favors the old
institutions like the Crown, Church, House of Lords, private property and the like. It entrusts
great power in its leader and hence the leader of the party has dominant power over the policies
and working of the party.

(i) Organization of the Conservative Party:

The organization of the Conservative Party in the UK is less elaborate compared to the Labour
Party. At the top is the National Union of Conservative and Unionist Associations (NUCUA),
which acts as a federal body, with separate Unionist Associations for Scotland and Northern
Ireland. NUCUA includes constituency associations and is administered by a Central Council
and an Executive Committee. The Central Council, also known as the Central Office, is
responsible for all administrative work of the party. It comprises 15 categories of members, such
as university graduates, constituency associations, and others. The Central Office, headed by the
party chairman (nominated by the party leader), manages the party’s finances, controls candidate
nominations, organizes annual conferences, coordinates local party groups, raises funds, and
handles publicity. It also functions as the secretariat for the party leader and is under the leader’s
control. The Executive Committee mainly acts as an advisory body and oversees party matters
between Central Office meetings.

The leader of the Conservative Party holds significant power. He has the sole authority to
formulate the party's policies and programmes, receives regular updates from the Central Office
about party positions in constituencies, and once elected, remains in office for life with the
power to nominate his successor. The Parliamentary Party, made up of all elected Conservative
Members of Parliament in the House of Commons, plays a central role in policy-making and
elects the party leader. When in majority, the leader becomes the Prime Minister; when in
opposition, he serves as the Leader of the Opposition. This structure reflects a centralized
leadership with strong control vested in the party head.

Objectives of the Conservative Party: The following are the major objectives of the
Conservative Party-


 It does not believe in class-struggle; rather, for the Conservatives, the differences based
on quality can give the best result and bring unity in the state.
 It wants to retain all the traditional and cultural heritage of British society like the
church, monarchy or property.
 This party is a strong advocate of the Laissez-Faire theory according to which every
individual should have the right to pursue his or her own ends and the state need not
interfere in the affairs of the individual.
 In other words, it favours market economy. The conservatives do not support the
nationalization of any industry. The members of the party want to safeguard the British
Imperial interest throughout the world.
 They do not believe in the self government in the British Colonies or Dependencies.
Besides these two parties that have been playing a major role for the last many decades,
British party system also has some minor parties. Liberal Democratic Party which was
known as Liberal party used to be of great significance before the rise of the Labour
party.

 ROLE OF OPPOSITION IN BRITISH PARTY SYSTEM

 The opposition party has got a special recognition in the United Kingdom and it is known
as “Her Majesty’s Opposition”. The leader of the Opposition is taken as the next
prospective Prime Minister. The Opposition works in a disciplined and organized
manner. The criticisms made by the opposition are always constructive. Under the
prevailing bi-party party system no party remains an opposition for all the time. For
example, the Conservative party was in power from 1979-97, whereas the Labour party
was working as opposition. The same case is now for Conservative party that is working
as the Opposition, and the latter working as ruling party since 1997. The Opposition in
 Britain is as strongly organized as the ruling cabinet. It renders all kinds of co-operation
to the government in national crisis. The role performed by the Opposition can be
outlined in the following way- By criticizing governmental policies and policy makers, it
makes the government responsible and accountable for every action it takes. Along with
criticizing the governmental programme through questions and debates in the Parliament,
the Opposition provides alternative solutions and strategies to the government. It
controls the ruling government through parliamentary debates, privileges and rules of
procedure. It keeps the public abreast of every step taken by the government. It helps in
the formation of vibrant public opinion. 60 Thus, the Government rules and the
Opposition in the Parliament evaluates and inspects its rule through constructive
criticism.

AMERICAN CONSTITUTION
Salient Features of the American Constitution

1. Written Constitution

 The American Constitution is the oldest written Constitution in the world.

 It was adopted in 1787 and came into force in 1789.
 It consists of a Preamble, 7 Articles, and 27 Amendments.
 Everything is written clearly and systematically.

2. Federal System

 The U.S. follows a federal form of government, meaning power is divided between the
central (federal) government and state governments.
 Both levels of government work independently within their own spheres.

3. Separation of Powers

 The Constitution provides for three separate organs of government:

o Legislature (Congress)
o Executive (President)
o Judiciary (Supreme Court)
 Each branch is independent and performs its own functions.

4. Checks and Balances

 Each branch has powers to check the actions of the other two branches.
 This system ensures that no branch becomes too powerful.

5. Presidential Form of Government

  The U.S. has a Presidential system where the President is both the head of state and
head of government.
 The President is elected separately and does not depend on the legislature for his position.

🔹 6. Supremacy of the Constitution

 The Constitution is the highest law of the land.

 All laws, policies, and actions of the government must be in accordance with it.

7. Rigid Constitution

 The American Constitution is rigid, meaning it is not easy to amend.

 Amendments require approval by two-thirds of Congress and three-fourths of the
states.

8. Bill of Rights

 The first ten amendments to the Constitution are called the Bill of Rights.
 They guarantee fundamental rights like freedom of speech, religion, press, and
protection from unjust punishment.

9. Judicial Review

 The Supreme Court has the power to declare laws or executive actions
unconstitutional.
 This power is known as judicial review and helps maintain the rule of law.

10. Bicameral Legislature

 The U.S. Congress is bicameral—it has two houses:

o Senate (Upper House)
o House of Representatives (Lower House)
 This structure ensures representation of both people and states.

11. Republican and Democratic Nature

 The U.S. is a Republic, meaning the head of the state (President) is elected.
 It follows democratic principles such as regular elections, rule of law, and equality.

12. Independent Judiciary

 The judiciary in the U.S. is independent and impartial.

 Judges are appointed for life, which gives them security and allows them to work without
fear or favour.
13. Dual Citizenship

 American citizens have dual citizenship:

o One of the United States
o One of their respective state

14. Popular Sovereignty

 The U.S. Constitution is based on the idea that power lies with the people.
 "We the People" in the Preamble reflects this principle.

American Executive
The American President

The President of the United States is the head of the executive branch and one of the most
powerful leaders in the world. He is both the Head of the State and the Head of the
Government in the American political system. The American President holds a central position
in the Presidential form of government, where the executive is independent of the legislature.

1. Election and Term

 The President is directly elected by the people through an Electoral College system.
 Each state has a number of electors equal to the number of its Representatives and
Senators.
 The candidate who gets majority of electoral votes becomes the President.
 The term of the President is four years.
 A person can hold office for a maximum of two terms (as per the 22nd Amendment).

2. Qualifications

To become the President of the United States, a person must:

 Be a natural-born citizen of the U.S.

 Be at least 35 years old.
 Have been a resident of the U.S. for at least 14 years.

3. Powers and Functions of the President

The American President has extensive powers, which can be grouped under several heads:

(a) Executive Powers

 The President is the chief executive officer of the country.

  He appoints Cabinet members, Ambassadors, Heads of Departments, and Federal
officers.
 He ensures that the laws are faithfully executed.
 He can remove executive officials (except some cases where Senate approval is
required).

(b) Military Powers

 He is the Commander-in-Chief of the Army, Navy, and Air Force.

 He can order military operations and send troops, but cannot declare war (only
Congress can).

(c) Diplomatic Powers

 He manages foreign affairs and represents the U.S. to other countries.

 He can make treaties (but requires ratification by the Senate).
 He appoints ambassadors and receives diplomats from other nations.

(d) Legislative Powers

 The President can recommend laws to the Congress.

 He has the power to veto any bill passed by Congress (which can be overridden only by
a two-thirds vote in both houses).
 He can call special sessions of Congress in emergencies.

(e) Judicial Powers

 The President can grant pardons, reprieves, and commutations in federal cases.
 He appoints judges of the Supreme Court and other federal courts (with Senate
approval).

4. Vice-President

 The Vice-President is the first in line to succeed the President in case of death,
resignation, or removal.
 He is also the President of the Senate and can cast a tie-breaking vote in case of a
deadlock.

5. The Cabinet

 The President is assisted by a Cabinet of advisors.

  These are heads of different executive departments (e.g., Secretary of State, Secretary of
Defense, etc.).
 They are appointed by the President and approved by the Senate.
 The Cabinet advises the President and helps in the execution of laws and policy
decisions.

6. Impeachment of the President

 The President can be impeached for "Treason, Bribery, or other high Crimes and
Misdemeanors."
 Impeachment proceedings begin in the House of Representatives, which votes to
impeach.
 The Senate conducts the trial, and a two-thirds vote is needed to remove the President
from office.
 Presidents Andrew Johnson, Bill Clinton, and Donald Trump were impeached but not
removed.

7. Role in Governance

 The President plays a key role in national security, economic decisions, foreign policy,
and crisis management.
 In international affairs, the President is often seen as the face of America.
 The President’s speeches and actions greatly influence public opinion and world
affairs.

8. Importance of the American President

 The American President is often referred to as "the most powerful person in the
world" because of:
o Command over the largest military,
o Influence over global politics and economy,
o Control of nuclear weapons,
o Leadership in international organizations and treaties.

9. Features of the American Presidency

 Single Executive: All executive power is concentrated in the hands of one person—the
President.
 Fixed Tenure: The President has a secure term of 4 years and cannot be easily removed.
 Independent Executive: The President is not a member of the legislature and is
elected separately.
 Responsible Governance: Though powerful, the President is held accountable by
Congress, the Judiciary, and the media.
Vice President of the United States

The Vice President of the United States holds the second-highest constitutional office in the
American political system. Though often considered a supporting role, the Vice President has
important constitutional duties and plays a key part in the continuity and functioning of the
executive branch.

1. Election and Tenure

 The Vice President is elected along with the President, on the same ticket, for a term of
4 years.
 He/she can be re-elected along with the President, and there is no separate limit on how
many times one can be Vice President.
 The election is through the Electoral College system, just like the President.

2. Qualifications

To be eligible for the Vice Presidency, a person must:

 Be a natural-born citizen of the United States.

 Be at least 35 years old.
 Have lived in the U.S. for at least 14 years.

These are the same qualifications required for the President.

3. Main Functions and Powers

(a) Presiding Officer of the Senate

 The Vice President serves as the President of the U.S. Senate.

 He/she presides over Senate sessions but does not vote, except in the case of a tie
(equal votes).
 This tie-breaking vote can be crucial in passing or rejecting laws.

(b) First in Line of Succession

 The Vice President is the first person in line to succeed the President in case of:
o Death,
o Resignation,
o Removal (impeachment), or
o Incapacity of the President.
 In such a case, the Vice President becomes the President of the United States for the
rest of the term.
(c) Member of the Cabinet

 The Vice President is a regular participant in Cabinet meetings and other executive
branch functions.
 He/she often advises the President on important issues, especially in foreign and
security matters.

(d) Special Assignments

 The President may assign special tasks or missions to the Vice President, such as:
o Representing the U.S. in foreign countries,
o Handling specific policy areas (e.g., space policy, environment, etc.),
o Mediating with Congress.

4. Role in Presidential Disability

 Under the 25th Amendment, the Vice President can take over as Acting President if the
President is temporarily unable to perform duties.
 This can happen due to medical issues, surgery, or other emergencies.
 In such cases, the President may formally transfer powers to the Vice President until
recovery.

5. Role in Impeachment

 If the President is impeached and removed, the Vice President automatically

becomes the President.
 The Vice President himself can also be impeached if found guilty of misconduct.

6. Significance of the Office

 The Vice President ensures continuity of leadership.

 While traditionally considered a ceremonial position, modern Vice Presidents often play
active and influential roles in policymaking.
 Examples:
o Lyndon B. Johnson became President after John F. Kennedy's assassination.
o Joe Biden, as Vice President under Barack Obama, played key roles in foreign
and economic policies.
o Kamala Harris, the current Vice President, has been assigned leadership on
immigration, voting rights, and more.

7. Features of Vice Presidency

 Constitutional office under Article I and II of the U.S. Constitution.

 Functions in both legislative and executive branches.
 Is a potential future President, often chosen based on political balance and leadership
qualities.
 Plays a key advisory role and is often involved in high-level decisions.