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KES’ Shri. Jayantilal H. Patel Law College, Mumbai
Discussed parliamentary system in detail with emphasis on
United Kingdom
POLITICAL SCIENCE
A project submitted in partial fulfilment of the requirements for
The Second Semester of B.L.S.,LL.B Course
By
PRIYAL THAKOR
First Year B.L.S., LL.B
Division C
Roll No – 41
Under the Supervision of
Asst. Prof Gauri Sarangdhar
25th August, 2022
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INDEX
INDEX
Numb
TOPIC er of
Pages
1. INTRODUCTION 3
2. BASIC STRUCTURE OF INDIAN PARLIAMENT 4-5
3. BASIC STRUCTURE OF UK’s PARLIAMENT 6-7
4. DIFFERENCE BETWEEN INDIAN PARLIAMENT AND 8-9
BRITISH PARLIAMENT
5. FEW MERITS OF INDIAN PARLIAMENT SYSTEM 10
6. FEW DEMERITS OF INDIAN PARLIAMENT SYSTEM 11
7. FEW MERITS OF UK’s PARLIAMENT SYSTEM 12
8. FEW DEMERITS OF UK’s PARLIAMENT SYSTEM 13
9. CONCLUSION OF THE TOPICS 14
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INTRODUCTION:
The supreme legislative body of the United Kingdom, Crown Dependencies, and British
Overseas Territories is the British Parliament. It alone has absolute control over all other
political entities in the UK and the overseas territories since it has the strongest legislative
authority. Although bicameral, Parliament is divided into three chambers: the House of
Commons, the House of Lords, and the sovereign (Crown in Parliament) (the primary
chamber). At the Palace of Westminster in the City of Westminster, one of the inner
boroughs of the nation's capital city, London, both houses of Parliament convene in separate
chambers.
India's Parliament is its highest legislative body. The Rajya Sabha (Council of States) and
Lok Sabha, the two Houses of the Indian Parliament, are presided over by the president
(House of the People). The President has the authority to call a special session of either
House of Parliament, prorogue it, or dissolve the Lok Sabha. The Indian Constitution became
operative on January 26, 1950. The first elected Parliament was established in April 1952
following the 1951–1952 general elections held in accordance with the new Constitution.
In accordance with the Acts of Union 1800, the Kingdoms of Great Britain and Ireland
merged on January 1, 1801, giving rise to the United Kingdom of Great Britain and Ireland.
The Chamber of Lords was seen to be superior to the House of Commons both in theory and
in reality, which delayed the development of the notion of ministerial accountability to the
lower house (Commons) until the 19th century. The election of members of the House of
Commons (MPs) took place under a dated electoral system in which significantly dissimilar-
sized constituencies existed. As a result, the boroughs of Old Sarum, with seven voters, and
Dunwich, whose population had nearly vanished into the sea due to land erosion, both had
the ability to elect two representatives.
Committees in the legislature are established to spend considerable time debating particular
issues. The public is involved, either directly or indirectly, and research is done to assist
committees in reaching their decisions. Ad hoc and standing committees make up the two
categories of parliamentary committees.
In United Kingdom During the 20th century, the crowned portcullis became recognised as
the symbol of both chambers of parliament. Rather than being a deliberate action, this was
just the outcome of usage and tradition. The logo is now imprinted on a variety of goods used
inside the Palace of Westminster, including china, silverware, and cutlery, as well as official
stationery, publications, and papers. The House of Lords and the House of Commons are
distinguished visually by the use of various red and green hues.
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BASIC STRUCTURE OF INDIAN PARLIAMENT:
The Indian parliament is regarded as having two chambers. The president, Rajya Sabha, and
Lok Sabha make up this body. The upper chamber and the Council of States are represented
by the Rajya Sabha. While Lok Sabha represents both the lower house and the house of the
people. Rajya Sabha represents the states and union territories, whereas Lok Sabha represents
the Indian people.
One should learn more about the makeup of the Rajya Sabha and Lok Sabha if one want to
understand the structure of the Indian parliament.
The Members of Lok Sabha:
The maximum number of candidates for the Lok Sabha is 552. 530 of these 552 individuals
are chosen to serve as state legislators. The number of members in the union territory is 20,
however. The remaining two are chosen by the president of India from among the Anglo-
Indian population.
530 people make up Lok Sabha's current membership. Additionally, citizens in each
constituency directly elect the state legislators. Additionally, the voting age was lowered to
18 years old via the Constitutional Amendment Act of 1988 from 21 years.
The Members of the Rajya Sabha:
250 individuals can be elected to the Rajya Sabha at most. 238 of them are chosen to serve as
state legislators. The president proposes the other 12 candidates. Additionally, there are 238
persons who are from union territories.
There are 245 Rajya members as of right now. They include 229 state legislators as well.
While 4 are elected from union areas, and 12 are presidential nominations, The fourth
schedule of the constitution is used to distribute seats in the Rajya Sabha among the states
and union territories.
The state representatives in Rajya Sabha are chosen by the elected members who are chosen
for the state legislative assemblies. Additionally, the Rajya Sabha allocates these seats
according to the basis of population.
The length of service or term of their MPs varies for each chamber. Not all members of the
Lok Sabha serve continuously. In Lok Sabha, a term typically lasts five years. As a result, it
has been since the first meeting till the general elections. After then, the committee is
dissolved.
Rajya Sabha, on the other hand, is viewed as a permanent body. It does not dissolve as a
result. Additionally, every second year, 1/3 of the Rajya Sabha's members retire. These
departing members are eligible to run again for both re-election and re-nomination as much
as they choose.
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The Lok Sabha's speaker and deputy speaker:
The Lok Sabha's elected members vote to choose the speaker. Additionally, the president sets
the date for the speaker election. A measure's status as a money bill is determined by the
speaker. Additionally, the speaker's choice is regarded as final in all questions.
The deputy speaker is chosen by the Lok Sabha members, much like the speaker is. The
speaker, however, sets the election date. The deputy speaker submits his resignation to the
Lok Sabha speaker in the event of resignation.
Parliamentary Commities:
Parliamentary committees are established to spend considerable time debating particular
issues. The general public may be involved directly or indirectly, and research is done to aid
committees in reaching decisions. Ad hoc committees and standing committees are the two
types of parliamentary committees.
Standing committees are permanent groups that are occasionally established in accordance
with the terms of a law passed by the legislature or the rules governing how business is done
in the chamber. These committees continue to work on various projects. Ad hoc committees
are formed for a specified duty, and after they complete it and make a report, they are no
longer in existence.
Joint sessions and debates:
On 16 November 2016, during the winter session of Indian Parliament, the sittings in both
Upper and Lower Houses of Parliament observed strong opposition and uproar by political
parties on demonetisation (note ban) initiative by the Narendra Modi Government.
Session Of Parliament:
The period during which the House meets to conduct its business is called a session. The
constitution empowers the president to summon each house at such intervals that there should
not be more than a six-month gap between the two sessions. Hence the Parliament must meet
at least twice a year. In India, the Parliament conducts three sessions each year: member
committee to investigation into the charges.
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BASIC STRUCTURE OF UK’S PARLIAMENT:
In 1801, the Kingdom of Great Britain and the Kingdom of Ireland were united to become the
United Kingdom of Great Britain and Ireland.
The House of Lords was superior to the House of Commons in both theory and practise, but
the idea of ministerial accountability to the lower House did not emerge until the 19th
century. Elections for the House of Commons took place under a dated electoral system that
included seats of wildly varying sizes.
Due to land erosion, the borough of Dunwich, which had completely vanished into the sea, as
well as Old Sarum, with seven voters, both had the ability to elect two representatives.
Members of the Upper House frequently held slender rotten or pocket boroughs under their
control, where they could guarantee the election of family members or allies.
Many seats in the House of Commons were "owned" by the Lords. After the reforms of the
19th century, beginning with the Reform Act of 1832, the electoral system in the lower
House was much more regularised. No longer dependent on the upper House for their seats,
members of the House of Commons began to grow more assertive.
Legislative Functions:
Acts passed by the British Parliament have the authority to create laws. Although Acts can be
applied to the entire UK, including Scotland, many Acts do not apply to Scotland because of
the ongoing separation of Scots law and are instead matched by equivalent Acts that only
apply to Scotland or, since 1999, by legislation enacted by the Scottish Parliament pertaining
to devolved matters.
As a result, Westminster MPs representing Scottish seats are now able to vote on laws that
won't directly affect Scotland, a scenario known as the West Lothian issue. For instance, the
Higher Education Act of 2004 was only approved by Scottish MPs, despite the fact that
Scotland was not affected by the act.
Judicial Functions:
Several judicial tasks are also carried out by Parliament in addition to its legislative duties.
For the majority of purposes, the Queen-in-Parliament serves as the highest court in the
realm; however, the Privy Council also has authority in certain situations (for instance,
appeals from ecclesiastical courts). The old practise of petitioning the Houses to address
complaints and administer justice gives rise to the authority of Parliament.
The House of Lords has traditionally carried out a few important judicial duties. Peers were
tried by this body until 1948 for crimes or high treason; today, they are tried by regular juries.
The House of Lords holds the trial when the House of Commons impeaches someone.
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Impeachments are relatively uncommon; the last recent one took place in 1806. A resolution
for the impeachment of the Prime Minister was signed by a number of MPs in 2006 in an
effort to resurrect the practise, although it is unlikely to be successful.
Relationship With Government:
The House of Commons is the body that the British government must answer to. The House
of Commons does not, however, elect the Prime Minister or the members of the Government.
Instead, the Queen asks the head of the party with the most members in the House of
Commons—typically the largest party in the House—to form a government. The Prime
Minister and the majority of the Cabinet are, by tradition, House of Commons members in
order to be answerable to the Lower House. Alec Douglas-Home, the 14th Earl of Home,
who became the nation's leader in 1963, was the last prime minister to hold a seat in the
House of Lords. to follow the rules for which he was responsible Within days after becoming
prime minister, he renounced his peerage to the Lower House and managed to secure election
to the House of Commons.
Emblem:
A crowned portcullis serves as the Houses of Parliament's unofficial symbol. Several English
noble families wore the portcullis as a symbol starting in the 14th century. The Tudor dynasty
kings later adopted it, and it was during their rule that Parliament's regular sessions were held
at the Palace of Westminster. To distinguish the mark as a distinctively regal emblem, a
crown was added.
During the 20th century, the crowned portcullis became recognised as the symbol of both
chambers of parliament. Rather than being a deliberate action, this was just the outcome of
usage and tradition. The logo is now imprinted on a variety of goods used inside the Palace of
Westminster, including china, silverware, and cutlery, as well as official stationery,
publications, and papers. [31] The House of Lords and the House of Commons are
distinguished visually by the use of various red and green hues.
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DIFFERENCE BETWEEN INDIAN PARLIAMENT AND BRITISH
PARLIAMENT:
India's parliamentary government is substantially modelled after the British parliamentary
system. It does not, however, quite mirror the British system and is unique in some ways. The
British system is predicated on the idea that Parliament has absolute power, whereas in India,
thanks to a written Constitution, a federal government, judicial scrutiny, and fundamental
rights, Parliament has only limited and constrained authority.
The parliamentary systems of Britain and India differ in some notable ways.
1) The duties of the cabinet are based on customs in Britain, although they are outlined in
Article 75 of the Indian Constitution.
2) In India, as per Article 75, the President picks and distributes portfolios to the ministers, as
opposed to the Prime Minister in Britain.
3) The Prime Minister's recommendations are always followed by the President. Prior to the
42nd and 44th amendments, the President was not required to follow the Prime Minister's
suggestion.
4) In contrast to India, where anyone can serve as a minister at the president's leisure with the
necessary qualifications, ministers in Britain are always chosen from among members of
parliament. even though he does not belong to both houses. But he must be elected to one of
the houses within six months.
5) In the UK, the cabinet acts as a group in front of the Parliament and the monarch. The
cabinet presents its opinions to the Parliament and the sovereign as a unit, as if they were the
opinions of a single individual. If a matter is not addressed and determined by the Cabinet,
the President of India may request the Prime Minister to bring it before the Council of
Ministers.
6) The President of India can undermine the cabinet's morale by frequently exercising his
suspensive veto power, and the Council of Ministers has no recourse other than the lengthy
and difficult process of impeachment.
7) Over the course of its roughly three hundred-year history, the British Parliament has
expanded. Because there is no written constitution in Britain, it may be the sole entity that has
sovereign powers and no restrictions on them.
8) In the Indian system, each branch of government and each functionary has certain powers
and authorities that are outlined and limited by the written constitution. The constitution also
clearly defines and limits the authority of Parliament. Parliament is dominant within its own
realm.
9) The Indian Parliament is the institution that represents the people. The issue is that in the
sense of constitutional sovereignty, its powers are not constrained by a constitution, hence it
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is not sovereign in the same way that the British Parliament is sovereign and may do or undo
anything.
10) Individuals are guaranteed certain fundamental rights under our constitution, and those
rights can be challenged in court. Additionally, any measure approved by Parliament that
restricts one or more basic rights may be deemed unconstitutional by the courts
11) India's parliamentary government is substantially modelled after the British parliamentary
system. It never did, however, replicate the British system and is different in the following
ways:
Instead of the British monarchy, India has a republican system. In other words, the Head of
the State in Britain (the King or Queen) holds a hereditary status, whereas the Head of the
State in India (the President) is elected.
12) The British system is predicated on the idea that Parliament has absolute power, but in
India, thanks to a written Constitution, a federal government, judicial scrutiny, and basic
rights, Parliament has only limited and constrained authority.
13) The British Prime Minister must be a member of the Parliament's Lower House (House of
Commons). The prime minister of India may belong to either of the two Houses of
Parliament.
14) In Britain, ministerial positions are often filled only by members of Parliament. In India,
a non-Parliamentary individual may also be appointed as a minister for a maximum of six
months.
15) While India lacks a system of ministerial legal responsibility, Britain does. In India,
unlike in Britain, the ministers are not needed to countersign the Head of State's formal acts.
16) The British cabinet system has a special institution known as the "shadow cabinet." It is
established by the opposition party to counterbalance the current government and train its
members for potential ministerial positions. Such a facility does not exist in India.
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FEW MERITS OF INDIAN PARLIAMENTARY SYSTEM:
Co-operation between the executive and legislative branches:
In a parliamentary system, the executive is a part of the legislature, and parliament is often
controlled by the main party, making it simpler to enact and carry out laws and policies.
The government's departments are strictly isolated from one another under the parliamentary
system, which allows for far greater coordination than the presidential system.
The chance of conflicts and conflict is reduced because the party holds a majority in the
lower house.
Responsible Government:
Another name for the parliamentary form of governance is "responsible government."
All other legislators speak on matters that are important to the country and the general public.
This strategy may be used to monitor how the government is acting
To ensure accountability, the opposition has to be strong enough to expose the mistakes and
inefficiencies of the current administration.
Diverse Representation:
Many nations across the world are home to people of different ages, educational levels,
ethnicities, religions, races, and genders.
The parliamentary system is best suited to support all of these different groupings since every
group is represented in the legislature.
As a result, a larger forum may be used to discuss the goals and preferences of various
groups, leading to the creation of a more workable solution.
Flexibility:
The Prime Minister can be removed from office swiftly, unlike under the presidential system,
where the President typically serves out the whole term and can only be changed by
impeachment or incapacity, which is a drawn-out procedure.
If the promises made by the ruling party before to the elections are not met, parliament may
pass a no-confidence motion, which would allow the government to be removed.
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FEW DEMERITS OF INDIAN PARLIAMENTARY SYSTEM:
Unstable Government:
The parliamentary form of administration does not ensure continuity of power. A
government's tenure in office is not guaranteed.
Ministers depend on the support of the majority of lawmakers to secure their survival and
continuation in office.
The administration may become unstable due to a vote of no confidence, a political defection,
or the drawbacks of a multiparty coalition.
The administrations of Morarji Desai, Charan Singh, V.P. Singh, Chandra Sekhar, Deva
Gowda, and I.K. Gujral are only a few examples.
No Policy Continuity:
The design and implementation of long-term policies are not supported by the legislative
system. This is due to the ambiguity surrounding the government's future.
Changes in the government's policy typically occur after a change in the ruling party.
For instance, the Janata Government under Morarji Desai in 1977 repealed a significant
number of the policies put in place by the preceding Congress Government. After taking back
control in 1980, the Congress-led administration followed suit.
Cabinet Dictatorship:
The cabinet becomes dictatorial and has virtually limitless authority when the ruling party
obtains an absolute majority in Parliament.
During the administrations of Indira and Rajiv Gandhi, this phenomena was noticed.
Amateur Government:
The parliamentary system does not promote administrative efficiency since the ministers lack
expertise in their respective sectors.
The Prime Minister's selections for ministers are constrained to those who are already serving
in the Parliament and do not include any outside talent.
Additionally, ministers devote the majority of their time to party activity, cabinet meetings,
and parliamentary duties.
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FEW MERITS OF UNITED KINGDOM’S PARLIAMENTARY
SYSTEM:
Highlights the component:
The executive and legislature are connected in the first place. Second, the prime minister and
cabinet ministers make up the executive organ. Last but not least, it has independent heads of
state and government. The system benefits greatly from the aforementioned qualities. The
system's cohesiveness is one of its key benefits.
Monarchy:
Because ethnic communities pay attention to the British Parliamentary system, the leadership
is highly successful in accomplishing national and regional goals. Power is distributed
equally throughout the platform in the British parliamentary system, according to. The prime
minister is just as significant as the king since voters tend to vote for party platforms rather
than specific individuals. According to the system also permits important parliamentary
discussions that can result in shifts of power without the need for elections. In Britain,
elections may be conducted at any moment, particularly if the parliament adopts a resolution
of no confidence in the executive. In Britain, the parliamentary system is linked to lower
levels of corruption.
Parliamentary Arrangements:
Leaders who don't deliver as expected are fired from their positions. The system is also
beneficial because the country runs without a formal constitution. Small political parties can
easily expand and realize their national goals thanks to the parliamentary system. For
instance, some leaders are chosen based on votes cast in various districts for members of the
legislative body. The British parliamentary system has a dual relationship between the Upper
House and the Lower House.
Transparency:
The government is now encouraged to be transparent and accountable to citizens'
representatives. The system has created an advanced and cutting-edge electoral system that
guarantees effectiveness during elections. It enables the executive to use the legislature to
carry out its policies. This is due to the interdependence of the legislative and executive
branches.
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FEW DEMERITS OF UNITED KINGDOM’S PARLIAMENTARY
SYSTEM:
Executive Powers:
Comparing the British Parliamentary system to other forms of government, it has many
benefits. It has a lot of advantages, but it also has a lot of drawbacks. First, the executive and
legislative branches of government are not separate. Laws that are bad have as a result been
passed. Although a vote of no confidence can be passed by the parliament, there are few
checks and balances in place.
Cabinet Members:
The majority party, which creates the government, will always work to keep it in place.
Because cabinet members are chosen from the upper house, the upper house's ability to
oversee the executive branch's actions is hampered. However, the executive and legislative
branches of government in Britain have the power to amend or change the informal
constitution at any time through a bill.
Undemocratic:
It is significant to note that inherited authority is undemocratic and may lead to constitutional
crises. Conventions give rise to reserve powers, and using them may cause problems. An
autocratic form of government, dominated by the prime minister, has resulted from the
absolute powers of the executive and legislature. Other organs' ability to function effectively
has been hampered by this.
Election:
The prime minister's decision-making is hampered by the fact that he or she is indirectly
elected and has limited autonomy. Additionally, carefully considered voting for the prime
minister may not reflect the interests of the voters. It is important to remember that historical
processes that derived power from an absolute monarch gave rise to the British Parliament.
Conclusion Of Merits And Demerits:
In conclusion, there are benefits and drawbacks to the British parliamentary system. It has
been cited as a success story with significant accomplishments all over the world. It is
exemplified by the executive's reliance on the legislature. The House of Commons has
jurisdiction over the prime minister and the monarch, fostering the aforementioned
accountability and transparency. The system's inability to distinguish clearly between the
legislature and the parliament forces collaboration between the two. Voting based on party
platforms suggests that the interests of the people would be taken into consideration.
However, the system makes use of an informal constitution that is based on numerous legal
sources. As a result, both the legislative and executive branches can influence it.
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CONCLUSION OF THE TOPIC:
From the given topic we can analyze that there are major changes between 2 countries
parliamentary system. Also there are enough similarities too from the start of the page it is
mentioned about introduction of both the parliamentary system and it continues with their
Basic structure, Merits and Demerits. So with this we have collected the detailed information
which emphasis on United Kingdom’s parliamentary system. Therefore both the countries
are following their system and also trying to develop it with the best way possible.
THANK YOU
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