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REFORM OR REPLACEMENT?
K YikrmaM Nup
The form of government which Independent Indin bad to
adopt wns one of the most important questlons whch engaged
the atlentlon of the fromers of our Consitulion. After long and
Intensive sludy of the varlous constiutlonal examples, especlal-
ly those of U.K., U.S.A. and Switzerland, ' the Constitue:! As-
scmbly decided on Parliamcnlary form of government, based
on the British model with necessary modiications sultcd to lo
dian conditlons. Thus India. was to havc a Presldent,' Indrect
ly clected for a term of ive yedrs. As in England, there was
to be a council of nministers, headed by the Prime Minister and
cullectively responsible to Parliament, to' nid and ndvisc the
Head of Stale, namcly, the Presldent. The President was to be
the constitutlonal Head of Statc, and the Prinie Ministcr the
real Head of the Executive. The Constituent Assembly madec
this choice in the context of the past and in the needs of the
present and future. India had some familiaritywith the cabinet
government in the past. The neds were strengh und qulck
efcctiveness, for huge sirides in industrial, agricultural and social
development had to be. made and an enormous population well
nnd fnirly governed.
The reasons which prompted the Constitucnt Assembly to
adopt the parliamecniary form wero cogen:ly given by many
of its members. In presenting Ihe Report of. the Union Consti-
lution Commlttce, Sardar Patel sald:
--
la the
exercise of such a rcappraisal, lel us brst
gather and
pul logelber the various reasoDs given by dillerent people ia
support of their vicw Ihat the preseot system of goveromenl has
miserably failed and so it should be abandoued.
professional expertisc.
the
Cabinct form of governmenl, it is said,
Thirdly, in a
mcmbers of the Cabinct including the Prime Minister wasle
much of their energy and time in Image-building' and In mana-
ging the party allairs, instead of absorbing themselves in the
job of administcring the afairs of the country.
it has been argued that Parliamentary form of
Fourlhly,
government s not suitable to Indla because It. does nal have
awell developed two party system.
Fifthly, the proposals whlch have been made by some peo
ple to have a Presidential fom of government seem to bavc
been based on the bclict that the Presldential form would bring
Now, lct us. take up the second question. The alleged de-
Iects in tihe system, lo slate brielly, are lack of stability in
the
goveroment due lo delections and political corruptions; want of
lalents in the Cabinel; ovcr-indulgence of Ministets in party
allairs; Jack of conccntration ol powers and ellectivc leadership
in the govermment, and the absence ol a nmaturcd
two-parly sys
Iem. It is to be nuted that none of those delecls is unique to
India. Must of the governmental systens based on democrucy
and party-politics have witnessed these
problems. By no means
consequc
defections and the
we agree that political
the inevilable products of a
cao
veramental instability are
inslabilily i
system. The threal of governcnlal
mentary
in the body politic. The real
symplomatic of lhe scrious ills the syslem,
throwing away ol
Tor this problem lies not in
out de[ection, which causes
ia laking effective steps to ight
here that this argument hus lo
instability. It is worth noting (Filty
ol the Constitution
much of. its force with the pas5age
Second Amendment) Act, 1985."
a Cabinet form
Then comes the issue of want of talents in
of government. This argument, though sounds good, should not
pOwers. The chief executive (the President) is the real bead of the
state; he is elected by the people, whether
directly or
definite period and is not accountable to tho legislature indirectly,he for a
be removed by the process ol though nay
impeachmcnt, Thus, "is that system
in whichthe executive (including
it
both the head of the stute and
his
ministers) constitutionally
is
independent the legislature in
of
respeçt
to the duration of his or their tenure and
irresponsible
their political policies,"0 IIs main features are:
to it for his or