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Submitted to:
Submitted by:
Anjali Narwal
Deptt. of Laws
1205/2014
PU, Chd.
Acknowledgement
Every work is incomplete without acknowledging the efforts of the people who have directly or
indirectly contributed to the same and so as this project.
I would like to express my heartiest gratitude to my prof. Shalini Marwaha for giving me an
opportunity to make this project and providing me guidance for the same .
I also gratefully acknowledge the constructive suggestion of my peers and also those known and
unknown persons who have directly or indirectly contributed in helping me prepare this project
successfully.
Thank you.
INDEX
Topics:
Introduction of Parliamentary form of Government
Features of parliamentary Government
Parliamentary system in England
Overview of British Parliamentary system
Parliamentary system in India
Advantages of Parliamentary system
Criticism of Parliamentarianism
Conclusion
Bibliography & References
Page no.
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5-8
9
9-13
14-15
16
17
18
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3 http://en.wikipedia.org./wiki/parliamentary_systems
The parliamentary form of government was first evolved in Britain during the 17th and 18th
centuries. Today it is most commonly used form of government.
6 http://www.studylectures.com/socialsciences/law/440/what-are-the-charecteristics-ofparliamentary- form-of-government.
Individual responsibility means that the minister in charge of a department must be answerable
for the activities of his department.
11. Intimate relationship between the Legislature and the Executive:
In the parliamentary system an intimate relationship exists between the executive and the
legislative departments. So they can easily control each other. The leaders of the majority party
or alliance in the legislature become the members of the Cabinet or Ministry. Naturally, the
ministers can easily extend their influence on the legislature. Consequently, the programs and
policies of the Cabinet are backed by a majority inside the legislature7.
12. Existence of a Strong Opposition:
The existence of one or more strong and well-organized opposition party or parties is the hallmark of the parliamentary system. By criticizing the errors of the government, the opposition can
compel it to adopt welfare measures and prevent it from becoming despotic. Judged from this
angle, the opposition can be called the life-force of parliamentary democracy8.
13. Cabinet : keystone of the political arch :
7 ibid.
8 ibid.
In the parliamentary system of government the cabinet has to perform manifold functions. It is
the Cabinet which :
formulates well-considered policies of the Government after reviewing both the national
and international issues, http://en.wikipedia.org/wiki/Parliamentary_system
takes necessary, arrangements for passing laws to implement the policies formulated by
it,
determines the matters to be included in the agenda of the central legislature,
controls and directs the administrative departments so that laws, Government orders, etc.
In this way the Cabinet acts as the keystone of the political arch or has become the steering
wheel of the ship of fact of the state9.
14. Membership of parliament :
All the members of the cabinet are members of one of the two houses of parliament if a person
who is not a member of legislature is included in the cabinet he must acquire the membership of
the legislature within a stipulated period , it enables the minister to take part in its discussions
and deliberations.
15. No fixed term:
The cabinet has no fixed term to be in power .Real executive is elected and controlled by the
legislature. Legislature can remove the executive at any time by passing a no confidence motion .
9 http://www.studylectures.com/socialsciences/law/440/what-are-the-charecteristics-ofparliamentary- form-of-government.
(Note: All these points mentioned above are already dealt with in detail under the heading
features of Parliamentary form of Government)
10
The British Parliament has been in existence since 1215, when King John signed the Magna
Carta, and is one of the oldest in the world. The workings of it have changed through the ages
and below is a brief description of the ways in which it works.
11
There is potential for a by-election where one constituency has to elect a new MP. This happens
if the MP cannot serve as MP, such as if they die, resign, or become a member of the House of
Lords. This allows a new MP to be elected.
The Government
After a general election, in general, the party with the most MPs become the government, and
the party with the next lowest number of MPs forms the official opposition. This always happens
if one party has a majority of MPs. The leader of the government party will become the
Prime Minister. It is usually necessary for a government to have the majority of the MPs in the
country. If no party has an overall majority, the party with the most MPs has the first chance to
form a coalition. In a coalition government, the government consists of two parties rather than
one, and there will need to be some compromise on issues where the parties disagree, although
the coalition will almost certainly be between parties with similar views. It is usually
advantageous to both parties, who have more power together than they would otherwise.
The Opposition
The official opposition has few privileges attached to it, but usually the opposition has a greater
voice in speaking out against the government, and the media will pay more attention to the
opposition than more minor parties. It can also use this power to help it dictate the business of
the House.
The Cabinet
The Cabinet are the main people who run the country, with the Prime Minister in charge, and
other ministers having their own department or ministry. They are each responsible for some area
of public policy such as education, health and transport. A minister has some freedom in the
decisions (s)he can make, but in some cases legislation is needed, which requires the support of
both houses of Parliament (see 'The Passing of Laws' below)
Ministers are chosen by the Prime Minister, and are usually chosen from the government
party. Most cabinet posts need to be held by MPs.
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The Parties
Most parties give their leader, and other important party members, a safe seat to represent. It
would be a political embarrassment if the party leader, or high-profile members of a party ,were
to be elected out of office
13
and if the bill is not supported, then it cannot proceed further. Assuming a vote is successful, then
it is passed on to the committee stage.
At the committee stage, the bill is discussed in minute detail. A committee is a number of MPs
meeting to discuss the bill. Sometimes a standing committee is set up to discuss the bill.
Sometimes, a select committee, dealing with a certain area of government may discuss the bill
On very important matters, the committee may consist of the whole House of Commons or both
houses of parliament.After this stage, the committee report back to the House of Commons.
Amendments to the bill can be proposed at this stage. The individual details of the bill cannot be
discussed, however. This precedes the third reading, where the bill with any amendments is
announced to the House of Commons. If the House approves, then the bill is passed to the
House of Lords.
In the House of Lords
The House of Lords will then debate the issues, following similar stages to those the bill must
pass through in the House of Commons, although it is not usual for committees to be discuss
bills, rather it is more likely for the whole house to act as a committee. After this stage, both
houses must agree on the final form of the bill, so if the bill has been amended, the assent of the
House of Commons is needed for the amended bill. If both houses accept the bill then it,
possibly having been amended, will go to the Queen to sign it. The Sovereign is unlikely to
decline this, and the last time the Royal Assent, as this is known, was refused was in 1707.
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and in a new session of parliament, a bill rejected by the House of Lords can be sent for Royal
Assent, bypassing the House of Lords.
The features of Cabinet System in India are summarized below :Firstly, there is a constitutional head of the Government. The Queen in England and the
President in India are the constitutional heads. The position of the constitutional head is one of
dignity but not of power.
The governmental powers are exercised by a council of ministers headed by the Prime
Minister. The Prime Minister is appointed by the President and all other ministers are appointed
by the President on the advice of the Prime Minister. The Prime Minister and the Council of
Ministers hold office during the pleasure of the President. But the pleasure of the President is
political rather than personal. So long as the Prime Minister and the Council of Ministers enjoy
the support of the majority in the Lower House of the Parliament, the President cannot withdraw
his pleasure. In a real sense, the Prime Minister is not the Presidents nominee but the nations
choice.
Powers of the Government are exercised in the name of the President but the President acts only
on the advice of the Council of Ministers. The 42nd amendment14 of the constitution has made
it obligatory for the President to act only on advice.
13 http://www:importantindia.com/2069/features-of-cabinet-system-in-india.
14 the Constitution (42nd Amendment) Act,1976
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Secondly, since the President acts only on advice given by the Council of Ministers, the
responsibility for the Presidents action is of the Council of Ministers. The Prime Minister and
the Council of Ministers are collectively responsible to the House of People. If any policy or
action of the Government is not supported by the majority in the House of People, the
Government is obliged to vacate office. It is because of this responsibility to the Lower House,
the cabinet government is also known as the responsible government.
Thirdly, in the cabinet system of government, an inner ring in the Council of Ministers, acts as
the policy making part of the ministry. This policy making part, is known as the Cabinet.
The Cabinet consists of the Prime Minister and the senior ministers whom the Prime Minister
includes in the Cabinet. The Cabinet is an extra-constitutional body. In the constitution there is
no mention of the cabinet.
Fourthly, the cabinet works on the principle of political homogeneity, The Prime Minister and
the members of the Council of Ministers belong to the same party except in the rare instances of
Coalition Governments. In fact all ministers are important party leaders. Collective responsibility
obliges the ministers to hold the same views and to champion the same policy. Differences
between ministers are ironed out in the closed door meetings of the cabinet. In public they must
give the impression of solid unity. For they all sail or sink together.
Fifthly, the Prime Minister and the Cabinet maintains a close and intimate relationship with
the Parliament. The Prime Minister is often a member of the Lower House and the leader of the
majority. Most other members of the cabinet are drawn from the majority party in the Lower
House. Ministers take part in debates, defend the government against opposition criticism, pilot
bills and make the Parliament pass desired legislation.
Finally, the cabinet government in India, as it is In Britain, is the Prime Ministers Government.
The primacy of the Prime Minister is writ large everywhere. He the leader of the Cabinet and
the Council of Ministers. All other ministers are appointed on his advice. The Prime Minister
may dismiss any inconvenient minister at any moment. He chairs the meetings of the Cabinet. In
the policy making his word is final. He is also the leader of the Parliament. With his assured
majority in the Lower House of the Parliament, he can get any law passed. He is the Principal
16
channel of communication between the Cabinet and the President. He is also the countrys top
spokesman in foreign affairs.
15 http://enfranchise.wordpress.com/advantages-of-parliamentary-system.
17
The prime minister seldom tends to have as high importance as a ruling president, and
there tends to be a higher focus on voting for a party and its political ideas than voting
for an actual person.
Parliamentarianism has been praised for producing serious debates, for allowing the
change in power without an election, and for allowing elections at any time
The four-year election rule of the United States to be by some to be unnatural.
Criticisms of parliamentarianism17:
One main criticism and benefits of many parliamentary systems is that the head of
government is in almost all cases not directly elected.
In a presidential system, the president is usually chosen directly by the electorate, or by a
set of electors directly chosen by the people, separate from the legislature. However, in
a parliamentary system the prime minister is elected by the legislature, often under the
strong influence of the party leadership. Thus, a partys candidate for the head of
government is usually known before the election, possibly making the election as much
about the person as the party behind him or her.
Another major criticism of the parliamentary system lies precisely in its purported
advantage: that there is no truly independent body to oppose and veto legislation passed
by the parliament, and therefore no substantial check on legislative power .
Conversely, because of the lack of inherent separation of powers, some believe that
a parliamentary system can place too much power in the executive entity, leading to the
feeling that the legislature or judiciary have little scope to administer checks or balances
on the executive.18
16 Dr. SR Myneni, Political Science341(Allahabad Law Agency.eds.,3rd.2010)
17 http://enfranchise.wordpress.com/disadvantages-of-parliamentary-system.
18
Conclusion:
Thus to conclude we can say that on the basis of the relationship between the executive and the
legislature, governments have been divided into two types, namely, the parliamentary form of
government and the presidential form of government. Between the two, the former is older. In
the parliamentary form of government, the executive is responsible to the legislature, but in the
presidential type, the executive is not responsible to the legislature. Parliamentary Form of
Government is the system of government in which there exists an intimate relationship between
the executive and the legislative departments, and the stability and efficacy of the executive
department depend on the legislature.
Last but not the least ,the Parliamentary Government in Great Britain is the oldest one in
the World and whenever we are to test the Parliamentary system in any country then we
see whether it has the characteristics of the British Parliamentary system or not.
19
http://www.preservearticles.com/2011091313266/what-are-the-features-of-parliamentary-
form-of-government.html.
http://www.studylecturenotes.com/social-sciences/law/440-what-are-the-main-
Books:
characteristics-of-parliamentary-system
http://en.wikipedia.org/wiki/Parliamentary_system
http://www.importantindia.com/2069/features-of-cabinet-system-in-india/
http://enfranchise.wordpress.com/advantages-disadvantages-of-a-parliamentary-system/
20