Parliamentary System Notes from Indian Polity Book - M Laxmikanth (Part I)

Read the comprehensive notes of "Parliamentary System" from the book "Indian Polity" written by M Laxmikanth (Part I)

Introduction to the Parliamentary System

The Constitution of India establishes a parliamentary form of government at both the central and state levels. Articles 74 and 75 provide the framework for the parliamentary system at the center, while Articles 163 and 164 outline its application in the states.

The parliamentary system contrasts with the presidential system based on the relationship between the executive and legislative branches. In a parliamentary system:

• The executive is responsible to the legislature for its policies and actions.
• The executive derives its legitimacy from the legislature and is accountable to it.

In contrast, the presidential system, such as that of the United States, operates on the doctrine of separation of powers, making the executive independent of the legislature in terms of tenure and authority

Features of the Parliamentary System

India's parliamentary system incorporates several defining features:

1. Dual Executive:

• There is a nominal executive (the President at the center, the Governor at the state level) who is the constitutional head.
• The real executive is the Prime Minister (or Chief Minister) along with the Council of Ministers, who exercise the actual powers.

2. Majority Party Rule:

• The political party securing the majority in the Lok Sabha forms the government.
• The leader of the majority party is appointed as the Prime Minister by the President.

3. Collective Responsibility:

• The Council of Ministers is collectively responsible to the Lok Sabha. If a no-confidence motion is passed against the ministry, the entire Council of Ministers must resign.

4. Leadership of the Prime Minister:

• The Prime Minister is the head of the government and the leader of the Council of Ministers.
• They play a crucial role in the formulation and execution of policies.

5. Fusion of Powers:

• Unlike the separation of powers in the presidential system, the parliamentary system merges the legislative and executive branches. Ministers are members of the legislature.

6. Bicameral Legislature:

• At the center, the Parliament consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
• The Lok Sabha is directly elected by the people, while the Rajya Sabha represents the states.

7. Dissolution of Lower House:

• The Lok Sabha can be dissolved before its tenure ends, upon the advice of the Prime Minister. This ensures that the executive is accountable to the legislature.

8. Secrecy:

• Ministers take an oath of secrecy and are prohibited from disclosing official matters.

Merits of the Parliamentary System

The parliamentary system in India has several advantages:

1. Harmony Between Legislature and Executive:

• The system ensures a close relationship between the legislative and executive branches, minimizing conflicts and promoting smooth governance.

2. Responsible Government:

• The executive is directly accountable to the legislature, ensuring transparency and adherence to democratic principles.

3. Prevents Autocracy:

• Since authority is shared among a group (Council of Ministers), it reduces the chances of dictatorship by a single individual.

4. Alternative Government:

• In the event of the ruling party losing its majority, a new government can be formed without conducting fresh elections.

5. Wide Representation:

• The system allows diverse groups and regions to be represented in the executive, fostering inclusivity and unity in governance.

Demerits of the Parliamentary System

Despite its merits, the parliamentary system has its drawbacks:

1. Unstable Government:

• The dependence of the executive on the majority in the legislature can lead to frequent changes in government, especially in a coalition setup.

2. No Continuity of Policies:

• Short-term governments often result in policy discontinuity, hindering long-term planning.

3. Cabinet Dictatorship:

• When the ruling party has a substantial majority, the Cabinet may dominate the legislature, undermining its accountability.

4. Against Separation of Powers:

• The fusion of legislative and executive powers may compromise the system of checks and balances.

5. Government by Amateurs:

• Ministers, being primarily legislators, may lack specialized knowledge and expertise in their administrative domains.

Reasons for Adopting the Parliamentary System in India

The Constituent Assembly favored the parliamentary system over the presidential system due to:

1. Familiarity:

• India’s historical experience with parliamentary institutions under British rule made it a familiar and practical choice.

2. Responsibility Over Stability:

• The Assembly prioritized a system where the executive would remain accountable to the legislature, even at the cost of stability.

3. Avoiding Conflicts:

• The parliamentary system minimizes the risk of conflict between the executive and legislative branches, which is more pronounced in a presidential system

4. Diverse Society:

• The system ensures representation for India’s diverse population, fostering inclusivity and national integration

Comparison with the British Model

Although modelled on the British parliamentary system, the Indian system exhibits unique features:

1. Republican Head of State:

• India has an elected President, unlike the hereditary monarchy in Britain.

2. Written Constitution:

• Unlike Britain’s unwritten Constitution, India’s governance is based on a detailed and codified document

3. Judicial Review:

• The Indian judiciary has the power to review and invalidate unconstitutional laws, unlike the British Parliament, which is sovereign.

4. No Legal Responsibility:

• Indian ministers are not legally bound to countersign executive actions, unlike their British counterparts.

5. Absence of a Shadow Cabinet:

• India does not have an institutionalized opposition shadow cabinet as in Britain.

Conclusion

India’s parliamentary system has evolved to suit the nation’s socio-political context. By ensuring accountability, inclusivity, and adaptability, it remains a cornerstone of Indian democracy. However, addressing its inherent challenges is vital for more stable and efficient governance.

Read the Part II Notes of "Parliamentary System" from the Indian Polity Book written by M Laxmikanth"