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Project report on Parliamentary form

of Government with special reference

to U.K and India

Submitted to: Submitted by:

Prof. Shalini Marwaha Anjali Narwal

Deptt. of Laws 1205/2014

PU, Chd. LL.M 1st sem.

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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.

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INDEX

Topics: Page no.

Introduction of Parliamentary form of Government 4

Features of parliamentary Government 5-8

Parliamentary system in England 9

Overview of British Parliamentary system 9-13

Parliamentary system in India 14-15

Advantages of Parliamentary system 16

Criticism of Parliamentarianism 17

Conclusion 18

Bibliography & References 19

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Parliamentary Form of Government

INTRODUCTION:

A democratic form of government can be classified either as a parliamentary or cabinet and

presidential form of government. The parliamentary form of government prevails in the U.K,

Canada and India. The presidential system operates in the U.S.A.1

A government is classified as Parliamentary and Presidential form of government on the basis of

relationship of the political executive with the legislature. The Parliamentary form of

government is often referred to as a cabinet system of government.

Garner says," a cabinet government is that system in which the real executive -the cabinet-is

immediately and legally responsible to the legislature, for its political policies and acts, and

immediately or ultimately responsible to the electorate; while the titular or nominal executive -

the chief of the State- occupies a position of irresponsibility."2

Therefore, in a parliamentary system, the head of state is normally a different person from

the head of government. This is in contrast to a presidential system in a democracy, where the

head of state often is also the head of government, and most importantly: the executive branch

does not derive its democratic legitimacy from the legislature. Countries with parliamentary

systems may be constitutional monarchies, where a monarch is the ceremonial head of state

while the head of government is almost always a member of the legislature (such as United

Kingdom, Sweden and Japan), or parliamentary republics, where a mostly ceremonial president

is the head of state while the head of government is regularly from the legislature (such

as Ireland, Germany, Pakistan, India and Italy). In a few parliamentary republics, such

as Botswana, South Africa and Suriname, as well as German, the head of government is also

head of state, but is elected by and is answerable to the legislature.3

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.

1 Dr. SR Myneni, Political Science338(Allahabad Law Agency.eds.,3rd.2010)2 Dr. SR Myneni, Political Science339(Allahabad Law Agency.eds.,3rd.2010)

3 http://en.wikipedia.org./wiki/parliamentary_systems

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Features of Parliamentary Government 4

1.Existence of two executives :

In a Parliamentary form of government, there are two heads, namely, nominal and real. The

nominal head is one who, though head of the state, is not head of government. His powers are

more apparent than real. He may be hereditary or elected.

The British Queen is not elected. She got the throne on the heredity. But the President of India

who is also a nominal head has been elected.

2. Collective Responsibility:

The Council of Ministers is collectively responsible to the lower house of the legislature for all

its activities. The ministers 'swim or sink together'. The principle of "'all for one and one for all"

well applies to this system. The cabinet remains in office as long as it enjoys the confidence of

the legislature.

3. Political Homogeneity:

The ministers, normally being members of political party, share the same ideology and approach.

Even when there is a coalition government, the ministers are committed to a common minimum

programme. Being single party government and a coalition government, there is a fair amount of

cooperation among the ministers. Homogeneity is essential to provide stability and unity.

4. Harmony between Executive and Legislature:

In a Parliamentary government the ministers are drawn from the legislature. As ministers, they

are part of the executive. They also remain members of the legislature. Thus the dual identity of

ministers contribute to a harmonious relationship between the executive and the legislature.

4 Dr. SR Myneni, Political Science339-41(Allahabad Law Agency.eds.,3rd.2010)

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5. Rigidity of Party Discipline:

In a Parliamentary government, the party discipline is rigid. The members of a political party

whether in power or in opposition are required to defend and support the stand of their party on

any issue both in the legislature and outside5.

6. Leadership of the Prime Minister:

The Prime Minister is the leader of the Council of Ministers. On his advice, the ministers are

appointed and dropped. They stay in during his pleasure. He presides over the meetings of the

cabinet. He exercises preponderant influence in domestic policy as well as foreign policy. He is

variously described as "the first among equals", "the moon among the stars", "the keystone

of the cabinet arch".

7. Absence of Separation of Powers: 

In the parliamentary system the principle of separation of powers is not adopted. Here the three

departments of government work in close, intimate contact, sharing some of the powers and

functions of one another.

8. Main Role of the Lower House in Ministry-formation: 

In the parliamentary government the lower house of the legislature, i.e., the popular chamber

plays a vital role in the formation of the ministry. The leader of the party or alliance which wins

the majority in this house is appointed the Prime Minister or Chancellor. The constitutional ruler

appoints the other members of the ministry on his advice6.

9.  Responsibility to the Legislature:

 In such a system the Cabinet or Ministry has to remain responsible to the legislature for all its

activities and policies. In countries having bi-cameral legislatures, the Cabinet remains

responsible to the lower house composed of the people’s representatives.

5http://www.preservearticles.com/2011091313266/what-are-the-features-of-parliamentary-form-of- government.html6 http://www.studylectures.com/socialsciences/law/440/what-are-the-charecteristics-of-parliamentary- form-of-government.

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10. Individual Responsibility: 

The ministerial responsibility to the legislature may again be of two kinds:

Individual responsibility, and

Collective responsibility.

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 hall-

mark 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 : 

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

7 ibid.8 ibid.

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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.

are to be implemented properly,

co-ordinates the activities of different departments of the Government,

prepares the draft budget in consultation with the Prime Minister and takes necessary

initiative to get it passed in the legislature,

formulates economic policies and takes necessary steps for implementing the same,

advice’s the constitutional head to take necessary action during emergency or

unforeseen situation, 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 state’9.

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 .

16. Right to dissolve the legislature:

Under this system , the cabinet enjoys the right to seek dissolution of the lower house of the

Parliament and order fresh elections .This helps in the elimination of Constitutional crisis faced

by the government.

9 http://www.studylectures.com/socialsciences/law/440/what-are-the-charecteristics-of-parliamentary- form-of-government.

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Parliamentary system in England:

The parliamentary form of Government , which is also known as cabinet form of Government

and responsible Government is an important salient feature of the British Government. The

British Parliamentary system is the oldest in the world , therefore , it is also known as Mother

Parliamentary Government10 .

There being Parliamentary form of Government in England following are the main

features11 of Cabinet Government i.e.

King is nominal Executive head.

The king doesn't take part in the meetings of the cabinet .

Cabinet is the real Executive

Leadership of the Prime Minister

Close relationship between the Cabinet and the Parliament.

Tenure of the Cabinet is not fixed .

Political homogeneity.

Collective responsibility.

Individual responsibility

Existence of opposition party

(Note: All these points mentioned above are already dealt with in detail under the heading

features of Parliamentary form of Government)

An overview of the British Parliamentary system is as below 12 :

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.

10 J.S.Badyal ,Comparative Political System And International Politics96(Raj Publishers.eds.,6th ed.2013)11J .S.Badyal ,Comparative Political System And International Politics97-99(Raj Publishers.eds.,6th ed.2013)

12 http://www.bbc.co.uk/dna/ptop/plain/A591383.

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Parliament : consists of two chambers, the House of Commons, consisting of members of

parliament who are elected, and the House of Lords, consisting of unelected peers. The

Sovereign, at the moment Queen Elizabeth II, is the third part of the Parliament.

The government is officially known as Her Majesty's Government. The Queen has, in

principle, a lot of power over the government, but chooses not to exercise that power. This

position has emerged through the ages, though at one time the Sovereign exercised a lot of power

over the government, and the country.

The Make Up of the House of Commons :

Members of Parliaments

The House of Commons consists of Members of Parliament, who are elected. The United

Kingdom is split into constituencies, and each constituency votes for an MP (Member of

Parliament) to represent them, using the 'first past the post' system.

Each MP is a member of one of the political parties, or an independent candidate, and this is

stated on the ballot paper. There is no requirement to be a member of one of the parties, but most

MPs are party members.

Elections

At least every five years there is a general election, when the MPs are elected. The Prime

Minister decides on the timing of the election, and can call an election at any time, but one must

be called within five years of the one before. It is usual for an election to be called after four

years. A motion of no confidence can be brought against a government, which, if successful, will

result in an early general election. They are rare however, and are likely to bolster support for the

government if it fights off such a challenge.

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.

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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.

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

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The Make Up of the House of Lords :

The House of Lords consists of both hereditary peers, who have inherited their peerage and

their title, and life peers, who are appointed by the government, and stay in their positions for

life. A large majority of the peers are life peers. Also, important members of the clergy form

part of the House of Lords, as do senior judges, or law lords, and other office holders, who have

specific roles in the House. Only the office holders, such as the Leader of the House, are paid,

the rest can only claim expenses.

Members of the House of Lords cannot become MPs, or hold certain other elected posts.

However, lords are allowed to disclaim their title and when standing to become MP, for example,

and reclaim the title later. The rule is, however, that no-one can be a member of both houses

at the same time.

Peers may have some loyalty to some political party, but there is less of a compulsion to follow

the wishes of any party, than for MPs. They cannot be expelled from the House of Lords by

being voted out, so have less need for the support of a party, although peers may feel some

loyalty to one party.

The Passing of Laws :

In the House of Commons

Almost all laws that are made are proposed by the Cabinet. The Cabinet, through a relevant

minister, proposes laws to the House of Commons, and then there is a debate on the issues. The

bill, go through a number of stages in the House of Commons. First, the bill is announced in

brief. This is called the first reading. Within a fortnight, the principles and some of the detail of

the bill are announced, and they are debated. This is the second reading. Here, there is a vote,

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

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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.

Raising Bills in the House of Lords

Some bills are debated solely in the House of Lords. These tends to be noncontroversial bills,

where the main problems are to do with the detail, rather than the principle. These bills must still

be presented to the House of Commons, who must vote in favour of it, for it to become law.

Overruling the House of Lords

The system allows for the House of Lords to be overruled. Bills dealing only with tax or

government spending must be made law within one month, for example. Also after one year,

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.

Private Members Bills

Any MP can propose a bill, called a private members bill. These are unlikely to be made law, but

can be. The process is sometimes used to highlight the need for government action rather than to

make law.

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Parliamentary system in India 13 :

The Cabinet system of Government in India works on the basis of several broad principles.

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 President’s nominee but the nation’s

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.

Secondly, since the President acts only on advice given by the Council of Ministers, the

responsibility for the President’s 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.

13 http://www:importantindia.com/2069/features-of-cabinet-system-in-india.14 the Constitution (42nd Amendment) Act,1976

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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 Minister’s

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 channel of communication between the Cabinet and the President. He is also the

country’s top spokesman in foreign affairs.

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Advantages of a parliamentary system 15 :

One of the commonly attributed advantages to parliamentary systems is that it’s faster

and easier to pass legislation.

This is because the executive branch is dependent upon the direct or indirect support of

the legislative branch and often includes members of the legislature. Thus, this would

amount to the executive (as the majority party or coalition of parties in the legislature)

possessing more votes in order to pass legislation.

In a presidential system, the executive is often chosen independently from the

legislature. If the executive and legislature in such a system include members entirely or

predominantly from different political parties, then stalemate can occur.

It could be said then that the will of the people is more easily instituted within

a parliamentary system.

In addition to quicken legislative action, Parliamentarianism has attractive features for

nations that are ethnically, racially, or ideologically divided. In a uni-personal

presidential system, all executive power is concentrated in the president.

In a parliamentary system, with a collegial executive, power is more divided. It can also

be argued that power is more evenly spread out in the power structure of

parliamentarianism16.

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.

15 http://enfranchise.wordpress.com/advantages-of-parliamentary-system.16 Dr. SR Myneni, Political Science341(Allahabad Law Agency.eds.,3rd.2010)

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 Criticisms of parliamentarianism 17 :

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 party’s 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

Although it is possible to have a powerful prime minister, as Britain has, or even a

dominant, as Japan has, parliamentary systems are also sometimes unstable.

Although parliamentarianism has been praised for allowing an election to take place at

any time, the lack of a definite election calendar can be abused.

17 http://enfranchise.wordpress.com/disadvantages-of-parliamentary-system.

18 Dr. SR Myneni, Political Science342-43(Allahabad Law Agency.eds.,3rd.2010)

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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.

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Bibliography & References:

Internet sites:

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-

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/

Books:

Dr. SR Myneni, Political Science(Allahabad Law Agency.eds.,3rd ed.2010)

J.S.Badyal ,Comparative Political System And International Politics96(Raj Publishers.eds.,6th ed.2013)

Prof. Narender Kumar, Constitution of India (Allahabad Law Agency.eds.,8th ed.2011)

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