The constitution establishes a structure for governance that fosters stability, inclusivity, and collaboration among the different branches of power. The governance system pertains to the arrangements that distribute authority between the executive and legislative branches of the government. Throughout history, three primary systems of government have come to the forefront: the Parliamentary system, the Presidential system, and the Semi-presidential system.
Parliamentary System of Government
Opting for one type of government over another in a democratic constitution involves selecting which methods of political decision-making will best meet the expectations of the majority of citizens.
Our constitution’s creators opted for the parliamentary system of government mainly because they valued governmental accountability over its stability. Additionally, our constitutional ancestors were familiar with the parliamentary system during the British colonial era, which provided them with the necessary insights into this form of governance.
Features of parliamentary system of government
- Collective responsibility: This principle is foundational to parliamentary governance. According to Article 75 of the constitution, ministers are collectively accountable to Parliament at large, and specifically to the Lok Sabha. The principle of collective responsibility means that the Lok Sabha has the power to dismiss the council of ministers led by the prime minister through a no-confidence vote.
- Two executive heads: In a parliamentary system, there are two types of executive leaders: the head of state and the head of government. The head of state serves as a symbolic or figurehead representative, while the head of government is the political leader who acts as the actual executor of state powers. In India, the head of state is the President, whereas the head of government is the Prime Minister.
- Majority party rule: The political party that obtains the most seats in the Lok Sabha forms the government. The leader of this party is appointed Prime Minister by the President, while other ministers are appointed by the President based on the Prime Minister’s recommendations.
- Leadership of the Prime Minister: In the parliamentary system, actual authority lies with the Prime Ministers or Chancellors.
- Political homogeneity – Usually, the council of ministers consists of members from the same political party, resulting in a common political ideology.
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- Double Membership: Ministers hold positions in both the legislature and the executive branch. This indicates that an individual cannot serve as a minister unless they are also a member of Parliament. The Constitution mandates that any minister who does not hold a parliamentary seat for six consecutive months will cease to be a minister.
- Fusion of executive & legislature: In the parliamentary system, there is no distinct separation between the executive and legislative branches. For instance, in India, the executive derives from the legislature and is accountable to it; the executive cannot advance its legislative initiatives without majority support from the legislature.
- Secrecy: Ministers function under a principle of procedural secrecy and are prohibited from disclosing information about their actions, policies, and decisions. Before taking office, they must take an oath of secrecy, which is administered by the President.
Merits of the Parliamentary system
- Cooperation: The executive branch is a component of the legislature, and both are mutually dependent in governing the country. Consequently, this creates fewer opportunities for disputes and conflicts between these two entities.
- Responsible government: The government is answerable and accountable to the legislature for its actions. Parliament maintains oversight of the ministers through various methods such as question hour, discussions, and motions.
- Administrative ease: Since the executive members are also part of the legislature, this fosters a strong government and efficient policymaking. Legislative proposals from a sitting government can be easily transformed into law.
- Ready alternative government: If the ruling party loses its majority, the Head of State can invite the opposition party to assume government responsibilities. This allows for an alternative government to be established without the need for new elections. In this regard, Dr. Jennings states that the ‘leader of the opposition is the alternative prime minister.’
- Broad representation: The council of ministers includes members from all segments and regions of the country. Such inclusive representation in the highest decision-making body is facilitated by the parliamentary system of government.
Demerits of the Parliamentary system
- Unstable government: A no-confidence vote, political defections, or the issues arising from multi party coalitions can lead to an unstable government. The administrations led by Morarji Desai, Charan Singh, V.P. Singh, and Atal Bihari Vajpayee illustrate this volatility.
- No continuity in policies: The parliamentary system does not promote the development of long-term policies due to the uncertainty regarding the government’s tenure. A change in the ruling party often results in a shift in government policies, as seen when the Five-Year Planning was halted after the government changed in 2014.
- Dictatorship of cabinet: When the ruling party holds an absolute majority in Parliament, the cabinet can become authoritarian and wield nearly limitless power. This was evident during the 1970s when a national emergency was proclaimed by the Prime Minister without consultation with the cabinet.
- Against Separation of powers: In this system, the executive branch is a part of the legislature. The cabinet functions as both the leader of the legislature and the executive, thus contradicting the theory of separation of powers.
- Government by amateurs: The parliamentary system does not lend itself to administrative efficiency since ministers often lack expertise in their specific areas. The Prime Minister’s selection of ministers is limited to those within Parliament, excluding external talent. Furthermore, ministers spend most of their time on parliamentary duties, cabinet meetings, and party activities, leaving them with scant time for formulating policies.
Presidential system of government
- Single Executive: The President functions as both the head of state and the head of government. In the role of head of State, he holds a ceremonial position. As the head of the government, he oversees the executive branch.
- Removal of executive: The President is chosen by an electoral college for a predetermined term and can only be removed through a complicated impeachment process for serious unconstitutional actions.
- Stability of the government: The executive benefits from guaranteed tenure, which provides significant stability for the government and its policies.
- Not responsible to the legislature: The President and his secretaries do not answer to the legislative body for their actions. They are not part of the legislative body.
- Dissolution of the lower house: The President does not have the authority to dissolve the legislative house, unlike in the parliamentary system.
- Political heterogeneity: The President collaborates with a team of non-elected officials from diverse backgrounds.
- Strict separation of power: There is a clear separation of powers among the legislative, executive, and judicial branches; for instance, executive members do not participate in the legislature and are not accountable to it.
Semi-Presidential system of government
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- Dual Executive:
- Popularly elected President: In this arrangement, the President is chosen directly by the electorate.
- Prime Minister: The Prime Minister is affiliated with the majority party in the legislature. The Prime Minister, along with their cabinet, is accountable to the legislative body.
- Complementary roles: The President provides popular legitimacy and signifies the continuity of the state and nation, while the Prime Minister leads policy initiatives and manages the daily operations of government.
- Dual Executive:
- Power sharing: Executive authority is divided between the President and the Prime Minister.
This system merges aspects of both the Presidential and Parliamentary models of governance. The distribution of political power and responsibilities between the two leaders (the President and the Prime Minister) of the executive can differ notably. As a result, semi-presidential systems may tend to favor either a presidential or a parliamentary framework. For instance, in France, when the President and a majority of the national assembly are from the same political party, there tends to be a shift towards Presidentialisation.
Countries that implement a Semi-Presidential system of governance include France, South Korea, Portugal, Lithuania, and Sri Lanka.
Comparison between the Indian and the British parliamentary system
Parameters | Indian Parliamentary government | British Parliamentary government |
Type | A republican system where the head of state is elected. | A monarchical system where the head of state holds a hereditary position. |
Parliamentary sovereignty | Parliament’s powers in India are limited due to the written constitution, federal structure, judicial review, etc. | The British Parliament is sovereign, meaning there are no limitations on its authority. |
Prime Minister | The Prime Minister can be a member of either house, namely Lok Sabha or Rajya Sabha. | The Prime Minister must belong to the lower house. |
Ministers | It is possible to appoint individuals who are not members of any house, but only for a maximum of six months | Only members of Parliament can be appointed as Ministers |
Legal responsibility of a minister | There is no legal responsibility; they do not need to countersign the official acts of the head of state. | Ministers have legal responsibilities. |
Shadow cabinet | No | Yes |
Name | The lower house is referred to as Lok Sabha and the upper house as Rajya Sabha. | The lower house is called the House of Commons and the upper house is known as the House of Lords. |