Name : Sayali Sham Shinde
Class : III-I-A
Roll no. : 30
Semester : II
Subject : Constitutional Law
Topic : Nature of Indian Constitution.
Parliamentary v/s Presidential form of
Government
College : Government Law College.
Nature of Indian constitution. Parliamentary verses
Presidential form of government
INTRODUCTION :-
The Constitution of India is the supreme law of India and unique document, not a
pedantic legal text ; it embodies human values, cherished principles, and spiritual
norms. It is the largest written liberal democratic constitution of world. It provides for
a mixture of federalism and Unitarianism, and flexibility and with rigidity. Since its
inauguration on 26 January 1950, the Constitution India has been successfully
guiding the path and progress of India.
It was adopted by the Constitution Assembly. Dr. B.R. Ambedkar, the chairman of
the Drafting Committee, is widely considered to be the architect of the constitution,
The Union of India become the contemporary and modern Republic of India.
The Constitution of India provides for a Parliamentary form of government, both at
the Centre and in the states. Article 74 and 75 deals with Parliamentary system at
the Centre and Article 163 and 164 is the States.
Article 74 - Council of Minister to aid and advice President
There shall be a council of ministers With the Prime Minister at the head to aid
and advise the President who shall, in exercise of its functions, act in
accordance with such advice. However, the President may require the council
ministers to reconsider such advice and the President shall act in accordance
with the advice tendered after such a reconsideration.
The advice tendered by Ministers to the President shall not be inquired into in
any court.
Article 75 – Other Provisions as to Ministers
The Prime Minister shall be appointed by the President and the other
ministers shall be appointed by the President on the advice of the Prime
Minister;
((b) The Minsters shall hold office during the pleasure of the president; and
(c)The council of ministers shall be collectively responsible to the House of
the People.
The total number of ministers, including the Prime Minister, in the Council of
Minister shall not exist 15% of the total strength of the Lok Sabha.
A minister who is not a member of the Parliament (either house) for any
period of six consecutive months shall cease to be a minister.
A member of either house of Parliament belonging to any political party who is
disqualified on the ground of this defection shall also be disqualified to be
appointed as a minister.
The President shall administer the oath of office and secrecy to a minister.
The salaries and allowances of ministers shall be determined by the
Parliament.
Article 163 – Council of Ministers to aid and advice Governor
(1)There shall be a Council of Ministers with the Chief Minister at the head to aid and
advise the Governor in the exercise of his functions, expect in so far as he is by or
under this constitution required to exercise his functions or any of them in his
discretion.
(2)If any questions arises, The governor is required to act in his discretion, the
decision of the Governor shall be final.
(3)The advice tendered by Ministers to the Governor shall not be inquired into in any
court.
Article 164 – Other provisions as to Ministers
Chief Ministers shall be appointed by the Governor and the other Ministers
shall be appointed by the Governor on the advice of Chief Minister.
The Ministers shall hold office during the pleasures of Governor.
In the State of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there
shall be in charge of tribal welfare who may in addition charge of the welfare
of the scheduled castes and backward classes or any other work.
(1-A) The total number of Ministers, including the Chief Minister, in a State shall not
exceed 15% of the total members of Legislative Assembly of that state.
(1-B) A member of the Legislative Assembly of a State or either House of the
Legislative Council belonging to any political party who is disqualified on the ground
of this defection shall also be disqualified to be appointed as a minister.
The parliamentary and presidential form of government is 2 most famous kind of
governance Ford in the world. USA has a presidential form of government. India has
a parliamentary form of government. Both kinds of government have their own merits
as well as demerits. The following is the difference of the two forms of government :-
Points Presidential form of Parliamentary form of
government government
MEANING: The presidential system is a Parliamentary government
system of government is also known as the
where a head ofCabinet form of government
government is also head of or responsible government
state and it is an executive or Westminster model of
branch that is separate from government because the
legislative branch. cabinet is the real Executive
in it.
ORIGIN: This system is originated in This system is originated in
AMERICA. BRITAIN.
EXAMPLES: It is called Irresponsible or It is also known as
non-parliamentary ‘Responsible government’,
government or fixed Since the Cabinet always
executive system. Which is remains responsible to the
in USA, Russia, Sri Lanka, Legislature for its activities.
Brazil among others. Which is in
India, Canada, Japan,
Britain among others.
RELATION: In the presidential system, In parliamentary system the
the legislative and executive legislative, executive body
body of the government are of government are closely
independent of each other. related, while the judiciary is
independent of the other
two bodies government.
PRESENCE OF The president is both the The president is the nominal
EXECUTIVE: head of the state and the executive and the Prime
head of government. (i.e) Minister is the real
Single Executive executive.
Thus, the President is the
head of the state, while the
Prime minister is the head
of the government. (i.e)
Dual Executive
ELECTION SCENARIO : The President is elected by The political party which
an electron college for a secures majority seats in
fixed tenure of 4 years he the Lok Sabha forms the
cannot removed by the government. The leader of
congress expect by the that party is appointed as
impeachment for a grave the PM by the President;
unconstitutional act. and other ministers are
appointed by the Presidents
on the advice of the Prime
minister. However, when no
single party gets majority, a
coalition of parties may be
invited by the president to
form the government.
Presidential form of There is no strict separation
SEPARATION OF government strictly follows of powers in the
POWERS: the principle of separation of parliamentary form of
powers. In USA, the government as in UK and
president and his ministers India. (i.e) fusion of power
are not the part of the
congress.
HEAD OF THE The President is directly While in a parliamentary
GOVERNMENT: voted upon by the people. system, the legislature
He is answer able to the holds supreme power. The
voters rather then the Prime Minister is chosen by
Legislature. member of the Legislature
and in practice the leader of
the majority party in the
legislature .
FREEDOM TO SELECT In presidential form of In the parliamentary form of
MEMBERS: government, the president government, the prime
enjoys much mor freedom minister is fully free to
in selecting his ministers. choose his minister among
He selected them from the members of the
much wider field taking into parliament.
account there experience
and expertise.
AUTOCRACY: This type of government is This type of government is
more autocratic as immense less autocratic as immense
power is concentrated in the power is not given to only
hands of the President. one person.
DISSOLUTION OF LOWER The President cannot The Prime minister can
HOUSE: dissolve the lower house. advise the President to
dissolve the Lok Sabha
before the expiry. (lower
house)
ACCOUNTABLE: President is not accountable Parliamentary
to the Congress. accountability ensures that
the government is
accountable to Parliament
requires information and
technical support so that
they can hold government
accountable.
STABILITY: Presidential form is Parliamentary form is Stable
Unstable Government Government
RULING POWER: In Presidential government, In a Parliamentary
the president hold the ruling government, the Prime
power. Minister holds the ruling
power.
CONCLUSION :-
The system of governance in countries differs depending on whether a country
has Presidential or Parliamentary system. There are some countries who have
adopted a mixture of both these types as well. These systems have multiple
differences based on separation of powers, accountability, executives etc.
Both of these systems come with their own advantages and disadvantages. A
country chooses the systems which suits it most. The Parliamentary system allows
representative governance, which is suitable in a diverse country like India.
RECOMMENDATION :-
Presidential system would be better than the existing Parliamentary
government in India. As of its separation of powers, role of the judiciary,
and government accountability to its people.
A presidential system is advantageous because of the relationship
between the executive and legislature. The system has what a
parliamentary one largely lacks a strong separation of powers between
branches of government in a Parliamentary system the legislature
elected prime minister from Parliament which is able to remove the
Prime Minister whenever the majority choose a sec specially since he
does not have a fixed term of office this ability is in existence in a
presidential democracy in most cases the Prime Minister continues to
hold a seat in the legislature there for the executive and legislative
branches do not sufficiently check each other. This concentration of
unchecked power can result in corruption and abuse of power the Prime
Minister‘s cabinet members come from the legislator two contrasting with
presidential cabinets which are compressed of professionals in their
respective fields rather than professional politicians. For this reason, is a
presidential system is better than the Parliamentary one.
