- Two system of democracy
- Parliamentary form = exe responsible to leg
- a.k.a cabinet govt or responsible govt or westminister model(location of Br parliament)
- Ivor Jennings - cabinet system (cabinet is nucleus of power of parliament)
- In Br - PM = primus interpares (1st among equals)
- Presidential system = exe not responsible to leg
- a.k.a non-responsible govt or non-parliamentary govt or fixed executive sys
- Parliamentary form = exe responsible to leg
- A74 & 75 = Centre parliamentary form
- A163 & 164 = State parliamentary form
Features of Parliamentary Government
- Nominal & Real Exe
- Prez = head of state = nominal head = de jure exe or titular exe
- PM = head of govt = real exe = de facto exe
- COM + PM = advice binding on prez - A74
- Majority Party Rule
- PM appointed by prez
- Min appointed by prez on PM's advice
- Collective responsibility - A75
- Min collectively responsible to parliament in general and LS in particular
- swim & sink together = NCM removes COM + PM
- Political Homogenity
- Double Membership
- Min members of leg & exe
- 6 month for non-member min to become members
- Leadership of the PM
- to COM + parliament + party in power
- Dissolution of Lower House
- By prez on PM's recommendation
- Secrecy
- Oath of secrecy
Features of Presidential Government
- Both head of the state & govt
- By electoral college for 4 yrs
- Impeached by congress only on grave unconstitutional law
- Advisory body selected or non-elected departmental secretaries called cabinet or kitchen cabinet
- not responsible to the congress
- prez can't dissolve the house of reps
- Strict SOP
Merits of parliamentary system
- Harmony between leg & Exe
- Responsible Govt - excess of parliament controlled
- Prevents Despotism - COM + PM not just prez
- Ready alternative
- Dr Jennings - leader of opposition is the alternative PM
- Wide Representation
Demerits of parliamentary system
- Unstable govt
- NCM
- Coalition - Moraji Desai, Charan Singh, V P Singh, Chandra Sekhar, Deva Gowda & I K Gujral
- No continuity of policies
- Dictatorship of cabinet - IG & RG
- Against SOP - serious issue - Montesquieu, French Political Thinker (The Spirit of Laws 1748) = No SOP means no liberty
- Govt by Amateurs
Reason for adopting parliamentary system
K T Shah favoured presidential system in constituent assembly but founding fathers chose parliamentary sys
- Familiarity
- Preferred r/p'ty over stability by BRA
- Avoid leg -exe conflicts
- Nature of Indian society - diverse & complex & heterogeneous
Swaran Singh Committee 1975 during emergency - Qn on parliamentary system to presidential ? but recommended parliamentary system
Indian vs British Parliamentary system
India | British | |
---|---|---|
Head | Republican sys | Monarchical sys |
Parliament | Powers limited due to JR, fed, written constn. | doctrine of sovereignty of Parliament |
Membership of PM | either LS or RS | only House of commons or lower house not Lords |
PM or COM membership | 6 months time to become member | only members as COM or PM |
Responsibility | No legal responsibility | legal responsibility |
Shadow Cabinet | no | yes |