• 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
• A74 & 75 = Centre parliamentary form
• A163 & 164 = State parliamentary form

Features of Parliamentary Government

1. Nominal & Real Exe
   1. Prez = head of state = nominal head = de jure exe or titular exe
   2. PM = head of govt = real exe = de facto exe
   3. COM + PM = advice binding on prez - A74
2. Majority Party Rule
   1. PM appointed by prez
   2. Min appointed by prez on PM's advice
3. Collective responsibility - A75
   1. Min collectively responsible to parliament in general and LS in particular
   2. swim & sink together = NCM removes COM + PM
4. Political Homogenity
5. Double Membership
   1. Min members of leg & exe
   2. 6 month for non-member min to become members
6. Leadership of the PM
   1. to COM + parliament + party in power
7. Dissolution of Lower House
   1. By prez on PM's recommendation
8. Secrecy
   1. Oath of secrecy

Features of Presidential Government

1. Both head of the state & govt
2. By electoral college for 4 yrs
3. Impeached by congress only on grave unconstitutional law
4. Advisory body selected or non-elected departmental secretaries called cabinet or kitchen cabinet
5. not responsible to the congress
6. prez can't dissolve the house of reps
7. Strict SOP

Merits of parliamentary system

1. Harmony between leg & Exe
2. Responsible Govt - excess of parliament controlled
3. Prevents Despotism - COM + PM not just prez
4. Ready alternative
   1. Dr Jennings - leader of opposition is the alternative PM
5. Wide Representation

Demerits of parliamentary system

1. Unstable govt
   1. NCM
   2. Coalition - Moraji Desai, Charan Singh, V P Singh, Chandra Sekhar, Deva Gowda & I K Gujral
2. No continuity of policies
3. Dictatorship of cabinet - IG & RG
4. Against SOP - serious issue - Montesquieu, French Political Thinker (The Spirit of Laws 1748) = No SOP means no liberty
5. Govt by Amateurs

Reason for adopting parliamentary system

K T Shah favoured presidential system in constituent assembly but founding fathers chose parliamentary sys

1. Familiarity
2. Preferred r/p'ty over stability by BRA
3. Avoid leg -exe conflicts
4. 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