Parliamentary System

• Definition: A system where the executive is responsible to the legislature for its policies and acts, also known as cabinet or responsible government, or the "Westminster model."

• Prevalence: Found in countries like Britain, Japan, Canada, and India.

• Key Features:

  • Nominal and Real Executives: The President is the nominal (de jure) executive, while the Prime Minister is the real (de facto) executive.
  • Majority Party Rule: The party securing a majority in the Lok Sabha forms the government.
  • Collective Responsibility: Ministers are collectively responsible to the Parliament, particularly the Lok Sabha.
  • Political Homogeneity: Ministers usually belong to the same political party or are bound by consensus in coalition governments.
  • Double Membership: Ministers are members of both the legislature and the executive. A person can't be a minister for more than six consecutive months without being a member of Parliament.
  • Leadership of Prime Minister: The Prime Minister leads the council of ministers, the Parliament, and the ruling party.
  • Dissolution of Lower House: The President can dissolve the Lok Sabha on the Prime Minister's recommendation.
  • Secrecy: Ministers maintain secrecy regarding procedures, policies, and decisions, taking an oath of secrecy.

• Presidential System (Contrast): Characterized by an executive not responsible to the legislature and constitutionally independent regarding term of office, prevalent in countries like USA, Brazil, Russia, and Sri Lanka.

• American Presidential System Features:

  • The President is both the Head of State and Head of Government.
  • The President is elected for a fixed four-year term and can only be removed through impeachment.
  • The President governs with a cabinet or 'kitchen cabinet'.
  • The President and secretaries are not responsible to the Congress, nor are they members of it or attend its sessions.
  • The President cannot dissolve the House of Representatives.
  • The system is based on the separation of powers.

• Merits of Parliamentary System:

  • Harmony Between Legislature and Executive: Ensures cooperation and reduces disputes.
  • Responsible Government: Ministers are accountable to the Parliament.
  • Prevents Despotism: Authority is dispersed, checking dictatorial tendencies.
  • Ready Alternative Government: The opposition can form the government if the ruling party loses majority.
  • Wide Representation: Allows representation to various sections and regions.

• Demerits of Parliamentary System:

  • Unstable Government: Dependent on majority support, vulnerable to no-confidence motions, defections, and coalition instability.
  • No Continuity of Policies: Changes in government can lead to changes in policies.
  • Dictatorship of the Cabinet: A cabinet with a strong majority can become autocratic.
  • Against Separation of Powers: The legislature and executive are closely linked.
  • Government by Amateurs: Ministers may lack expertise in their fields.

• Reasons for Adopting the Parliamentary System in India:

  • Familiarity: Constitution-makers were familiar with the system due to its operation during British rule.
  • Preference for Responsibility: Prioritized responsibility over stability in the executive.
  • Need to Avoid Legislative-Executive Conflicts: Aimed to avoid conflicts prevalent in the presidential system.
  • Nature of Indian Society: The parliamentary system offers greater scope for representation in a diverse society.

• Comparison of Parliamentary and Presidential Systems:

  • Parliamentary: Dual executive, majority party rule, collective responsibility, political homogeneity, double membership, leadership of prime minister, dissolution of Lower House, fusion of powers.
  • Presidential: Single executive, fixed terms for president and legislators (separately elected), non-responsibility, political homogeneity may not exist, single membership, domination of president, no dissolution of Lower House, separation of powers.

• Distinction Between Indian and British Models:

  • Republic vs. Monarchy: India has an elected President (republican), while Britain has a hereditary monarch.
  • Sovereignty of Parliament: The British Parliament is supreme, but the Indian Parliament's powers are limited by a written Constitution, federal system, judicial review, and fundamental rights.
  • Membership of Prime Minister: 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 house of Parliament.
  • Ministerial Membership: Only members of Parliament can be ministers in Britain. In India, non-members can be appointed as ministers for a maximum of six months.
  • Legal Responsibility: Britain has a system of legal responsibility for ministers, which is absent in India.
  • Shadow Cabinet: Britain has a 'shadow cabinet' formed by the opposition, which does not exist in India.