Parliamentary System

Introduction

The parliamentary system of government is a democratic form of governance where the executive derives its legitimacy from and is accountable to the legislature. India has adopted this system, largely inspired by the British parliamentary model, but with distinct modifications to suit its diverse and federal structure.

Parliamentary System in India

The Constitution of India establishes a parliamentary form of government at both the Centre and the states.

•  Articles 74 & 75: Govern the parliamentary system at the Centre.
• Articles 163 & 164: Define the system at the state level.

Types of Democratic Governments

Modern democratic governments are categorized into:

1. Parliamentary System: The executive is responsible to the legislature for its policies and actions.
2. Presidential System: The executive is independent of the legislature and not accountable to it for its actions.

Parliamentary vs. Presidential System

Feature	Parliamentary System	Presidential System
Executive-Legislature Relation	Executive is responsible to the legislature.	Executive is independent of the legislature.
Head of Government	Prime Minister (PM)	President
Example Countries	India, UK, Japan, Canada	USA, Brazil, Russia, Sri Lanka
Other Names	Cabinet government, Responsible government, Westminster model	Non-responsible government, Fixed executive system

Key Features of the Parliamentary System

• Cabinet System: Ivor Jennings termed it as a ‘cabinet system’ because the cabinet is the real center of power.
• Responsible Government: The cabinet remains in office only as long as it has the confidence of the legislature.
• Westminster Model: Named after the British Parliament, where this system originated

Role of the Prime Minister

• Traditionally, the Prime Minister was considered ‘primus inter pares’ (first among equals) within the cabinet.
• Over time, the PM’s role has become dominant, leading political analysts like Crossman and Mackintosh to describe it as a ‘Prime Ministerial Government’.
• This trend is evident in both the UK and India, where the Prime Minister wields significant influence over governance and administration.

Features of the Parliamentary Government in India

The parliamentary system in India follows key principles that define the relationship between the executive and legislature. These features ensure accountability, stability, and coordination within the system.

1. Nominal and Real Executives

• The President is the nominal executive (de jure executive or titular head), while the Prime Minister is the real executive (de facto executive).
• The President is the head of the State, while the Prime Minister is the head of the Government.
• Article 74 mandates that the Council of Ministers, led by the Prime Minister, advises the President, and this advice is binding.

2. Majority Party Rule

• The political party that wins a majority of seats in the Lok Sabha forms the government.
• The leader of the majority party is appointed as the Prime Minister, and other ministers are appointed by the President on the Prime Minister’s advice.
• In case of a hung parliament, the President may invite a coalition to form the government.

3. Collective Responsibility

• The Council of Ministers is collectively responsible to Parliament, particularly the Lok Sabha (Article 75).
• Ministers act as a team, and sink or swim together.
• The Lok Sabha can remove the ministry by passing a vote of no confidence.

 4. Political Homogeneity

• Typically, ministers belong to the same political party and share a common ideology.
• In a coalition government, ministers may belong to different parties but must function with consensus.

5. Double Membership

• Ministers must be members of Parliament.
• If a minister is not a member of either house, they must become one within six months, or they lose their position.

6. Leadership of the Prime Minister

• The Prime Minister is the leader of:
  • The Council of Ministers
  • The Parliament
  • The Ruling Party
• The PM plays a pivotal role in policy-making, governance, and administration.

7. Dissolution of the Lower House

• The Lok Sabha can be dissolved by the President on the Prime Minister’s recommendation.
• This allows the executive to call for fresh elections before the completion of the full term.

8. Principle of Secrecy

• Ministers must maintain secrecy about government decisions, policies, and proceedings.
• They take an oath of secrecy, administered by the President, before assuming office.

Features of the Presidential Government

Unlike India’s parliamentary system, the United States follows a presidential system of government. The U.S. Constitution establishes this system, where the President holds both executive power and political authority. The key features of this system are:

1. Single Executive Authority

• The President is both the Head of State and the Head of Government.
• As Head of State, the President performs ceremonial duties.
• As Head of Government, the President leads the executive branch and makes key policy decisions.

2. Fixed Tenure and Electoral Process

• The President is elected for a fixed term of four years by an Electoral College.
• Unlike in parliamentary systems, the President cannot be removed by Congress, except through impeachment for serious violations of the Constitution.

3. Independent Executive (No Collective Responsibility)

• The President governs with the help of a Cabinet, which consists of departmental secretaries.
• Unlike India, the Cabinet is only an advisory body; secretaries are appointed by the President and are accountable only to him, not to Congress.
• The President can remove secretaries at any time.

4. No Legislative Responsibility

• The President and his Cabinet members are not part of Congress.
• They do not attend parliamentary sessions and are not responsible to the legislature for their actions.

5. No Power to Dissolve the Legislature

• The President cannot dissolve the House of Representatives (the lower house of Congress).
• The legislature functions independently, completing its full term.

6. Strict Separation of Powers

• The presidential system is based on the doctrine of separation of powers, ensuring that:
  • Legislative power is vested in Congress.
  • Executive power is vested in the President.
  • Judicial power is vested in the Supreme Court.
• These three branches function independently, preventing excessive concentration of power.

Merits of the Parliamentary System

The parliamentary system of government offers several advantages that promote stability, accountability, and inclusivity.

1. Harmony Between Legislature and Executive

• Since the executive (Council of Ministers) is part of the legislature (Parliament), there is close cooperation between the two.
• This reduces conflicts and ensures smoother governance.
• Unlike the presidential system, where the executive and legislature can be at odds, the parliamentary system fosters a collaborative approach.

2. Responsible Government

• The executive is directly accountable to the legislature.
• Ministers must justify their policies in Parliament and can be questioned through:
  • Question Hour
  • Debates and Discussions
  • Adjournment Motions
  • No-Confidence Motions
• This ensures transparency and accountability in governance.

3. Prevents Despotism

• Power is not concentrated in a single individual but is distributed among the Council of Ministers.
• Since the government can be removed through a no-confidence motion, the risk of dictatorial tendencies is minimized.
• This system checks arbitrary rule and promotes collective decision-making.

4. Ready Alternative Government

• If the ruling party loses its majority, an alternative government can be formed without fresh elections.
• The Head of State (President/Governor) can invite the opposition party or a coalition to form a government.
• Sir Ivor Jennings aptly described this by saying, “The Leader of the Opposition is the alternative Prime Minister.”

 5. Wide Representation

• Since the Council of Ministers consists of representatives from different regions and communities, governance is more inclusive.
• The Prime Minister can ensure fair representation while selecting ministers.
• This promotes national unity and balances regional aspirations and democratic nations like India.

Demerits of the Parliamentary System

While the parliamentary system has several advantages, it also suffers from certain drawbacks, which can impact governance, stability, and policy continuity.

1. Unstable Government

• The survival of the government depends on the majority support in the legislature.
• A no-confidence motion, political defections, or coalition conflicts can lead to frequent government collapses.
• India has witnessed instability during coalition eras, such as the governments of Morarji Desai, Charan Singh, V.P. Singh, Chandra Shekhar, H.D. Deve Gowda, and I.K. Gujral, which could not complete their tenure.

2. No Continuity of Policies

• Frequent changes in government lead to policy reversals, affecting long-term governance.
• Example: The Janata Government (1977-1980) reversed many Congress policies, and when Congress returned in 1980, it scrapped Janata’s reforms.
• Such instability hinders economic and developmental progress.

3. Dictatorship of the Cabinet

• If a ruling party has an absolute majority, the cabinet can dominate Parliament, reducing democratic checks.
• H.J. Laski warned that the parliamentary system provides an opportunity for executive tyranny.
• Ramsay Muir referred to this as the ‘dictatorship of the cabinet’, which was evident during Indira Gandhi’s Emergency period (1975-77) and Rajiv Gandhi’s tenure.

4. Against Separation of Powers

• Unlike the presidential system, where powers are strictly separated, the parliamentary system leads to a fusion of powers.
• The executive (Council of Ministers) is part of the legislature (Parliament), reducing the checks and balances that exist in a true separation of powers model.
• Walter Bagehot described the cabinet as “a hyphen that joins and a buckle that binds” the executive and legislature, making the separation of powers ineffective.

5. Government by Amateurs

• Ministers are not necessarily experts in their respective departments.
• The Prime Minister’s choice of ministers is limited to elected Members of Parliament, excluding qualified technocrats or specialists.
• Ministers spend significant time on parliamentary work, cabinet meetings, and party politics, reducing administrative efficiency.

Despite these limitations, the parliamentary system remains popular because of its accountability and flexibility. However, the presidential system offers stability and stronger leadership, which some argue is more effective for governance.

Reasons for Adopting the Parliamentary System in India

India’s Constitution-makers debated whether to adopt the presidential system (like the USA) or the parliamentary system (like the UK). Ultimately, they chose the parliamentary system for several key reasons:

 1. Familiarity with the System

• India had prior experience with parliamentary governance under British rule.
• K.M. Munshi, a member of the Constituent Assembly, argued:

“For the last thirty or forty years, some kind of responsibility has been introduced in the governance of this country. Our constitutional traditions have become parliamentary. After this experience, why should we go back and buy a novel experience?”

2. Preference for Accountability Over Stability

• Dr. B.R. Ambedkar highlighted that a democratic executive must balance stability and accountability.
• He noted:

“The American system gives more stability but less responsibility. The British system, on the other hand, gives more responsibility but less stability. The Draft Constitution has preferred more responsibility over more stability.”

• Since the presidential system provides fixed tenure and independent executive authority, it might not have ensured sufficient accountability in a young democracy like India.

3. Avoiding Executive-Legislative Conflicts

• The presidential system often leads to conflicts between the legislature and executive (as seen in the USA).
• The Constitution-makers feared that an “infant democracy” like India could not afford constant power struggles between the two branches.
• The parliamentary system was seen as a way to ensure smoother governance and cooperation.

4. Managing India’s Diverse Society

• India is one of the most diverse and pluralistic nations in the world.
• The parliamentary system allows for greater political representation of different regions, communities, and interest groups.
• This inclusiveness strengthen national unity and democratic participation.

5. Recommendation of the Swaran Singh Committee

• The debate over parliamentary vs. presidential system continued into the 1970s.
• The Swaran Singh Committee (1975), appointed by the Congress government, reviewed the system.
• It concluded that the parliamentary system had been functioning effectively and should not be replaced.

Comparison of Indian and British Parliamentary Systems

Feature	India	Britain
Head of State	Republic – The President is elected.	Monarchy – The King/Queen holds a hereditary position.
Parliamentary Authority	Limited powers due to a written Constitution, federalism, judicial review, and fundamental rights.	Parliament is sovereign and has unlimited powers.
Prime Minister’s Eligibility	Can be from either Lok Sabha or Rajya Sabha.	Must be a member of the House of Commons (Lower House).
Appointment of Ministers	Can be non-MPs, but they must get elected to Parliament within six months.	Only Members of Parliament (MPs) can become ministers.
Legal Responsibility of Ministers	No legal responsibility-Ministers do not need to countersign the President’s official acts.	Ministers must countersign the King/Queen’s official acts (Legal Responsibility).
Dissolution of Lower House	The Lok Sabha can be dissolved by the President on the advice of the Prime Minister.	The House of Commons can be dissolved by the King/Queen on the advice of the Prime Minister.
Shadow Cabinet	No shadow cabinet system.	Has a shadow cabinet – The opposition forms a parallel cabinet to monitor the government.