Parliamentary System – UPSC Notes – Indian Polity
India’s Constitution establishes a parliamentary system of government at both the national level (Centre) and the state level. Articles 74 and 75 cover the parliamentary system at the Centre, while Articles 163 and 164 do so for the states.
In modern democracies, governments are categorized as parliamentary or presidential based on how the executive and legislative branches interact. In a parliamentary system, the executive (government) is accountable to the legislature (parliament) for its decisions and actions. On the other hand, in a presidential system, the executive is not answerable to the legislature and is constitutionally independent regarding its term of office.
The parliamentary government, also called cabinet government or responsible government, is widely used in countries like Britain, Japan, Canada, and India. On the other hand, the presidential government, also known as non-responsible or non-parliamentary or fixed executive system, is common in countries such as the USA, Brazil, Russia, and Sri Lanka.
Ivor Jennings named the parliamentary system the ‘cabinet system‘ because the cabinet holds the central power in this type of government. The parliamentary government is also known as ‘responsible government‘ because the cabinet, the real executive, is answerable to the Parliament and remains in power as long as it has the Parliament’s confidence. It’s referred to as the ‘Westminster model of government‘ after the British Parliament’s location, where this system originated.
In the past, British constitutional and political experts used to call the Prime Minister ‘primus inter pares’ (first among equals) regarding the cabinet. Recently, the Prime Minister’s power and influence over the cabinet have grown a lot. Now, the Prime Minister plays a very strong role in the British political and administrative system. That’s why modern political analysts, such as Cross-man, Mackintosh, and others, now refer to the British system of government as ‘prime ministerial government.’ This description also fits well with the Indian context.
Features of Parliamentary Government
Parliamentary Government in India has certain key features that make it unique. Let’s break them down for better understanding:
- Nominal and Real Executives:
- The President is the symbolic executive (called nominal or de jure executive).
- The Prime Minister is the practical executive (known as real or de facto executive).
- The President is the head of the State, while the Prime Minister is the head of the government.
- The President gets advice from a council of ministers headed by the Prime Minister, and this advice is binding.
- Majority Party Rule:
- The political party winning the most seats in the Lok Sabha forms the government.
- The party leader becomes the Prime Minister.
- Other ministers are chosen by the President based on the Prime Minister’s advice.
- In case no party has a majority, a group of parties may be asked by the President to form a coalition government.
- Collective Responsibility:
- Ministers are responsible collectively to Parliament and specifically to the Lok Sabha.
- They work as a team, and the principle of collective responsibility means Lok Sabha can remove the ministry through a vote of no confidence.
- Political Homogeneity:
- Ministers usually belong to the same political party, sharing similar ideologies.
- In a coalition government, ministers follow a consensus.
- Double Membership:
- Ministers are members of both the legislature and the executive.
- To be a minister, one must be a member of Parliament.
- If a minister isn’t a Member of Parliament for six consecutive months, they cease to be a minister.
- Leadership of the Prime Minister:
- The Prime Minister holds crucial roles as the leader of the council of ministers, Parliament, and the ruling party.
- This leadership is significant in the effective functioning of the government.
- Dissolution of the Lower House:
- The President can dissolve the Lok Sabha on the advice of the Prime Minister.
- This means the Prime Minister can recommend holding fresh elections before the term expires.
- Secrecy:
- Ministers operate based on the principle of secrecy and cannot disclose information about their actions, policies, or decisions.
- They take an oath of secrecy administered by the President.
Features of Presidential Government
In the American system, unlike the Indian Constitution, they follow a presidential form of government. Here are the key aspects of the American presidential system:
- Dual Role of the President:
- The American President serves as both the ceremonial head of the State and the leader of the government.
- In his role as the head of State, he holds a symbolic position. As the head of the government, he leads the executive branch.
- Election and Tenure:
- The President is elected by an electoral college and serves a fixed term of four years.
- Removal by Congress is only possible through impeachment for a serious unconstitutional act.
- Governance with Advisors:
- The President governs with the assistance of a cabinet or a smaller group known as the ‘Kitchen Cabinet.’
- The Kitchen Cabinet is an advisory body consisting of non-elected departmental secretaries. They are chosen and appointed by the President, report only to him, and can be dismissed by him at any time.
- Non-Accountability to Congress:
- The President and his secretaries are not accountable to Congress for their actions.
- They do not hold membership in Congress and do not attend its sessions.
- Limitation on Dissolving the House:
- The President does not have the power to dissolve the House of Representatives, which is the lower house of Congress.
- Separation of Powers:
- The foundation of the American presidential system is the doctrine of separation of powers.
- Legislative, executive, and judicial powers are divided and placed in three independent branches of the government.
Advantages of the Parliamentary System
- Harmony Between Legislature and Executive:
- The parliamentary system ensures a smooth and cooperative relationship between the legislative and executive branches of the government.
- Since the executive is a part of the legislature, they work together, reducing the likelihood of conflicts between them.
- Responsible Government:
- The parliamentary system establishes a responsible government where ministers are accountable to the Parliament for their actions.
- Parliament exercises control over ministers through mechanisms like question hours, discussions, adjournment motions, and no-confidence motions.
- Prevents Despotism:
- Power in the parliamentary system is distributed among a group of individuals (council of ministers) rather than concentrated in a single person.
- This distribution of authority helps prevent dictatorial tendencies in the executive, and ministers can be removed through a no-confidence motion.
- Ready Alternative Government:
- If the ruling party loses majority support, the Head of the State can invite the opposition party to form the government.
- This allows for the formation of an alternative government without the need for fresh elections, providing stability.
- Wide Representation:
- In a parliamentary system, the executive comprises ministers who represent various sections and regions of the population.
- This allows for broad representation, as the prime minister considers diversity while selecting ministers.
Disadvantages of the Parliamentary System
Despite its positive aspects, the parliamentary system has some drawbacks:
- Unstable Government:
- The parliamentary system lacks stability, as there’s no assurance that a government will complete its term.
- Ministers rely on the favor of the majority legislators for their continuity, making them vulnerable to factors like no-confidence motions, political defection, or issues within multiparty coalitions.
- No Continuity of Policies:
- This system is not suitable for formulating and implementing long-term policies due to the uncertainty of government tenure.
- Changes in the ruling party often lead to shifts in government policies, as seen when the Janata Government reversed many policies of the previous Congress Government in 1977.
- Dictatorship of the Cabinet:
- When the ruling party holds absolute majority, the cabinet can become autocratic and wield excessive power.
- This concentration of power was evident during the times of leaders like Indira Gandhi and Rajiv Gandhi.
- Against Separation of Powers:
- The parliamentary system combines the legislature and executive, with the cabinet acting as both the leader of the legislature and the executive.
- This setup contradicts the principle of separation of powers, as described by Bagehot, leading to a fusion of powers.
- Government by Amateurs:
- The parliamentary system doesn’t promote administrative efficiency as ministers may lack expertise in their fields.
- The Prime Minister’s choices for ministers are limited to members of Parliament, and external talent is not considered. Ministers also dedicate a significant amount of time to parliamentary work, cabinet meetings, and party activities.
In the subsequent analysis, a comparative evaluation of the parliamentary and presidential systems will be undertaken, scrutinizing their features, merits, and demerits to provide a comprehensive understanding of their respective structures.
Comparison of Parliamentary and Presidential Systems
| Comparison of Parliamentary and Presidential Systems | Parliamentary System | Presidential System |
|---|---|---|
| Features: | ||
| 1. Dual executive. | ✔ | |
| 2. Majority party rule. | ✔ | |
| 3. Collective responsibility. | ✔ | |
| 4. Political homogeneity. | ✔ | May not exist |
| 5. Double membership. | ✔ | |
| 6. Leadership of the prime minister. | ✔ | |
| 7. Dissolution of the Lower House. | ✔ | No dissolution |
| 8. Fusion of powers. | ✔ | Separation of powers |
| Merits: | ||
| 1. Harmony between the legislature and executive. | ✔ | |
| 2. Responsible government. | ✔ | |
| 3. Prevention of despotism. | ✔ | |
| 4. Wide representation. | ✔ | |
| Demerits: | ||
| 1. Conflict between the legislature and executive. | ✔ | |
| 2. Non-responsible government. | ✔ | |
| 3. Potential for autocracy. | ✔ | |
| 4. Limited representation. | ✔ | |
| Presidential System | ||
| Features: | ||
| 1. Single executive. | ✔ | |
| 2. President and legislators elected separately for a fixed term. | ✔ | |
| 3. Non-responsibility. | ✔ | |
| 4. Political homogeneity may not exist. | May not exist | |
| 5. Single membership. | ✔ | |
| 6. Dominance of the president. | ✔ | |
| 7. No dissolution of the Lower House. | ||
| 8. Separation of powers. | ✔ | |
| Merits: | ||
| 1. Stable government. | ✔ | |
| 2. Definiteness in policies. | ✔ | |
| 3. Based on the separation of powers. | ✔ | |
| 4. Government by experts. | ✔ | |
| Demerits: | ||
| 1. Unstable government. | ✔ | |
| 2. Lack of continuity in policies. | ✔ | |
| 3. Against the separation of powers. | ✔ | |
| 4. Government by amateurs. | ✔ |
Reasons for Adopting the Parliamentary System
Advocacy for the US presidential system was present during the Constituent Assembly discussions; however, the framers opted for the British parliamentary system for several reasons:
- Familiarity with the System:
- The Constitution-makers were acquainted with the parliamentary system, which had been in operation in India during British rule.
- K M Munshi emphasized that the country’s governance had incorporated some form of responsibility over the past few decades, and constitutional traditions had become parliamentary.
- Preference for More Responsibility:
- Dr B R Ambedkar highlighted in the Constituent Assembly the importance of a democratic executive satisfying both stability and responsibility.
- While the American system provided more stability but less responsibility, the British system, chosen in the Draft Constitution, prioritized more responsibility over stability.
- Avoidance of Legislative-Executive Conflicts:
- The framers aimed to prevent conflicts between the legislature and the executive, which were anticipated in the presidential system of the USA.
- They believed that an emerging democracy could not afford perpetual cleavages, feuds, or conflicts between these government organs, preferring a system conducive to the country’s multifaceted development.
- Nature of Indian Society:
- India, being one of the most heterogeneous and complex plural societies globally, influenced the choice of the parliamentary system.
- This system offered greater flexibility in providing representation to diverse sections, interests, and regions, fostering a national spirit and contributing to a united India.
Despite discussions on whether to continue the parliamentary system or transition to the presidential system since the 1970s, a committee appointed in 1975, the Swaran Singh Committee, concluded that the parliamentary system has performed well, and there is no need to replace it with the presidential system.
Differences between Indian and British Parliamentary Systems
The Indian parliamentary system, although inspired by the British model, has some notable differences:
- Republicanism vs. Monarchy:
- In India, we have a republican system, meaning our Head of State (President) is elected. In contrast, in Britain, the Head of State (King or Queen) holds a hereditary position.
- Sovereignty and Powers of Parliament:
- While the British system emphasizes the sovereignty of Parliament, in India, Parliament’s powers are limited and restricted due to a written Constitution, a federal system, judicial review, and fundamental rights.
- Prime Minister’s House of Membership:
- In Britain, the Prime Minister must be a member of the Lower House (House of Commons). In India, the Prime Minister can be a member of either of the two Houses of Parliament.
- Appointment of Ministers:
- In Britain, usually, only members of Parliament are appointed as ministers. In India, a person not in Parliament can be a minister, but only for a maximum of six months.
- Legal Responsibility of Ministers:
- Britain has a system of legal responsibility for ministers, but India does not. Unlike in Britain, Indian ministers are not required to countersign the official acts of the Head of State.
- Absence of ‘Shadow Cabinet’ in India:
- The British cabinet system includes a unique institution called the ‘Shadow Cabinet.’ It is formed by the opposition party to balance the ruling cabinet and prepare its members for future ministerial roles. However, India does not have a similar institution.
FAQs on India’s Parliamentary System
- What is a parliamentary system of government?
- A parliamentary system is a form of government where the executive (government) is accountable to the legislature (parliament) for its decisions and actions.
- Which articles in India’s Constitution cover the parliamentary system at the Centre?
- Articles 74 and 75 cover the parliamentary system at the Centre in India.
- What is the key principle of parliamentary government?
- The key principle is that the executive (cabinet) is accountable to the legislature (parliament) and remains in power as long as it has the parliament’s confidence.
- What is the alternative name for the parliamentary government?
- The parliamentary government is also known as the ‘cabinet government,’ ‘responsible government,’ and the ‘Westminster model of government.’
- Who named the parliamentary system the ‘cabinet system’?
- Ivor Jennings named the parliamentary system the ‘cabinet system’ because the cabinet holds central power in this type of government.
- What is the role of the Prime Minister in the parliamentary system?
- The Prime Minister is the leader of the council of ministers, Parliament, and the ruling party in the parliamentary system, playing a significant role in the effective functioning of the government.
- How is the dissolution of the Lower House initiated in the parliamentary system?
- The President can dissolve the Lok Sabha on the advice of the Prime Minister in the parliamentary system.
- What is the principle of collective responsibility in the parliamentary system?
- Ministers are collectively responsible to Parliament, and the Lok Sabha can remove the entire ministry through a vote of no confidence.
- How is the President’s role defined in the parliamentary system?
- The President is the symbolic executive (nominal or de jure executive) in the parliamentary system, while the Prime Minister is the practical executive (real or de facto executive).
- What happens if a minister in the parliamentary system is not a Member of Parliament for six consecutive months?
- If a minister is not a Member of Parliament for six consecutive months, they cease to be a minister in the parliamentary system.
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