The BAPS, Self Learning Materials follows the UGC prescribed State Model

Syllabus under Choice Based Credit System (CBCS). This course material is
designed and developed by Indira Gandhi National Open University (IGNOU),
New Delhi and K.K Handiqui Open University.
 Bachelor of Arts
POLITICAL SCIENCES (BAPS)

BAPS-5
Introduction to Comparative
Government and Politics
Block-4
THEMES OF COMPARATIVE
POLITICS
UNIT-9 A COMPARATIVE STUDY OF GOVERNMENT OF
USA AND CHINA
UNIT-10 US: PRESIDENT
UNIT-11 THE AMERICAN CONGRESS
UNIT-12 THE AMERICA SUPREME COURT
UNIT-13 CHINA PEOPLE CONGRESS AND NATIONAL
ASSEMBLY
UNIT-14 ROLE OF COMMUNIST PARTY OF CHINA
UNIT-9 A COMPARATIVE STUDY OF
GOVERNMENT OF USA AND CHINA
Structure
9.1 Objectives
9.2 Introduction
9.3 Constitution of USA
9.4 Government system of USA
9.5 Constitution of China
9.6 Government system of China
9.7 A comparison the political system of USA and China
9.8 Summary
9.9 Exercise
9.10 Reference

9.1 OBJECTIVES

After studying this unit you will be able understand:

 The political system of USA and China

 The presidential form of government in USA
 The communist government of China
 The difference of government structure both USA and China

9.2 INTRODUCTION

In this unit, you can understand the political system of USA and China. Both USA
and China are two superpower in the world with two different political structure.
USA is the presidential form of government. The president of USA indirectly elected
by the citizen of USA. The political system is functioning on the federal process of
government, whereas there is central and state government. On the other hand, China
has been a socialist state. China has been dominated by one single political party.
Moreover the secretary of the communist party of China is the head of the
government. It is unitary form of government, whereas the central government has
been dominating role to play in the state.

9.3 CONSTITUTION OF USA

The history of the emergence of United States of America as a sovereign independent

republic is a very interesting account. A study of the history of the Constitution of

1
U.S.A. reveals that it was a peculiar set up of thirteen (13) colonies which ultimately
led to the rise of the federation. America was discovered by Columbus in 1492. In the
17th century, the British established their colonies in North America. By the 18th
century, there were thirteen such British colonies. These colonies were under the
supreme control of the British Crown.

Through different Royal Charters, England established three differenttypes of

colonies in America: Royal or Crown Colonies- which were directlycontrolled by the
King through his Governors; Proprietary Colonies- which belonged to individual
proprietors and their heirs, and the British King exercises some control over some
aspects of their administration; Charter Colonies- in which authority was in the hands
of the colonists as a group and not in the hands of any individual proprietor (owner).
These colonies enjoyed a measure of independence in internal administration but
were under the power of the British Crown and the Government of Britain. The
British government started imposing taxes upon the colonies as it thought that the
colonies should bear a part of the expenses of administration and defence of the
colonies. People of these thirteen colonies objected to such a move of the British
government as they were notrepresented in the British Parliament. The people of the
colonies declared “no taxation without representation.” The war of words turned into
an open conflict of arms. The British Government dealt firmly with this opposition
coming from the colonies giving rise to a big reaction which turned into a revolt in
1776. In order to give a fight to the British forces, the colonies decided to organize a
common army. The colonies formed a body called the Continental Congress to
manage the common affairs of the colonies. In 1775, the Congress appointed George
Washington as the Commander- in- Chief of the armed forces of the colonies. In
1776, George Washington emphasized the issue of independence. The Continental
Congress appointed a committee to prepare a declaration of independence. The
Declaration of Independence adopted on July 4, 1776 announced the birth of new
nation. It declared the Colonies as States, each independent of the Crown and
politically independent of others. At the same time, the Declaration of Independence
contained four basic declarations.

a) A belief in the natural and inalienable rights and freedoms of the people.
b) An affirmation of the right and duty to revolt against absolute despotism.
c) Right of the people to redress their grievances by peaceful negotiations.
d) The declaration of independence of the Colonies from the domination of
British Imperialism and rule.

The Declaration was a landmark because it laid the foundation stone leading to the
birth of the American nation. The Declaration of Independence adopted by the
colonies led to a war with Britain. The Revolutionary war known as the War of
Independence continued for about six years. Ultimately, the colonies came out
victorious which made the colonies independent States. The Continental Congress
formed during the early stages of the Revolution had met and functioned without any

2
constitution or fundamental law. In order to remove this weakness, the Congress
appointed anothercommittee consisting of one member from each colony to prepare
the basis of a Confederation. This committee submitted its report in the form of
Articles of Confederation. With the ratification of all the States, the Articles of
Confederation became effective on 1st March1781. The Articles of Confederation
constituted the first Constitution of the United States of America.

The first Article named the Confederation „the United States of America.‟ The second
Article stated that each State retained its sovereignty, freedom, independence and
every power, jurisdiction and right, which was not by this Confederation expressly
delegated to the Congress. It was gradually becoming clear that the Confederation
was a loose „Union of States.‟ The Articles of the Confederation were nothing more
than conventions. They had no binding force. Moreover, the Congress was also given
only a few specific powers. The responsibility to implement the decisions of
theCongress was vested in the states. No executive organ was created. The Congress
did not have the power to tax, and thereby no independent source of income

Therefore, to remove such problems, the Philadelphia Convention was held on May
15, 1787. It was basically a constitutional convention as it was charged with the
purpose of revising the Articles of Confederation. It was composed of 55 members.
George Washington was unanimously selected as the Chairman of the Convention.

The Convention accepted that there were three objectives which were to be realized:

(a) Creating a strong and stable Central Government;

(b) Preserving as much as possible the autonomy of the States.
(c) To protect the right of property of an individual along with other civil
liberties.

After long discussions spanning for about sixteen weeks, a brief document
embodying the Constitution of the new government of the United States was signed
unanimously by the States present on September 17, 1787. The Constitution was
ratified and finally adopted on June 21, 1788 and came into effect on March 4, 1789.
George Washington took the oath of office as the first President and John Adams as
the first Vice-President of the U.S.A. The Constitution radically changed the
character of the United States. It established a Federal Government allowing
maximum liberty to the States. At the time of the adoption of the Constitution some
of the States kept themselves out of the new federation, but later joined it. Thus, the
old Confederate was replaced by a new Federal Republic. With the adoption of the
Constitution, the US began its march towards towards stability, strength and
development and within a span of 175 years the USA has been successful in enlarging
itself from a small federation of 13 colonies to a strong and powerful federation of 50
States.

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9.4 SILENT FEATURES OF THE CONSTITUTION OF USA

Since 1789, the US Constitution has been successfully guiding the destiny of the
American nation. It is a Constitution based upon the ideology of liberalism,
democracy, capitalism, limited government, federalism and separation of powers. It
gives full guarantee to the rights and freedoms of the people. Over the years, it has
demonstrated fully its ability to provide a strong, stable and efficient system of
governance both in times of peace and war. The main features of the US Constitution
are:

 Written Constitution : The American Constitution is one of the oldest

written constitutions of the world. It is in the form of a document. It is a self-
made constitution of the people of USA. From the day of its inauguration on
May 25, 1787 till the final passing of the Constitution on September15th,
1787 the constitution framers worked day and night to give a written,
acceptable, desired and popular constitution. The founding fathers took great
care to fulfill the interests and aspirations of the Americans while framing the
Constitution. Before the Constitution was inaugurated, it was submitted for
ratification, after which the Constitution became operational on March 4th,
1789. As such, the US Constitution is a written constitution, duly adopted and
enacted by the people of the USA.

 Brief Constitution : It is a brief document of 15 pages containing only 4000

words. If we add the amendments, the total number of words becomes 6000.
The Constitution consists of just 7 Articles and only 27 amendments. When
we compare it with the Constitution of India, Constitution of Japan,
Constitution of Switzerland, and other major Constitutions of the world, we
find the American Constitution a very brief constitution. The makers of the
Constitution made it brief to avoid any controversies which may unnecessarily
lead to further problems. Since the Constitution is brief it has helped it to
mould itself according to the changes of time.

 Rigid Constitution : It means that the process to amend the Constitution is

very difficult. There are two stages in the amendment process. But we must
not forget that even though the process of amendment is difficult it has grown
and developed over the years and has kept pace with the times. With the help
of several other means like conventions, judicial decisions, Presidential
interpretations, it has been continuously evolving. The rigidity of the
Constitution is evident from the fact that only 27 amendments have been made
so far in the Constitution.

 A Large number of Conventions : Like the British Constitution conventions

also play a very significant role in the American Constitution. Since the

4
 Constitution is a brief and a rigid Constitution it has been responsible for
creating situations which have given rise to many conventions. The institution
of Presidential Cabinet, the office of the Speaker of the House of Commons,
Senatorial Courtesy, direct election of the President etc., have all originated
and continued to function through conventions. Conventions have also played
a crucial role in the evolution of the Constitution.

 Federal Character : The American constitution is federal in character. There

are 50 states in America each with its own government, and then there is the
central government for the whole country. The US Constitution has all the
features which are essential for a federation: division of powers, supremacy of
the constitution, independent judiciary, bicameral legislature, and dual
citizenship. Both the federal government and state governments exercise
authority within their respective spheres as demarcated for them by the
Constitution

 The Preamble affirms faith in Popular Sovereignty: The Preamble clearly

mentions that people are the real and ultimate source of all power. It is
through free, fair, secret and regular elections that the people exercise their
sovereign power and choose their representatives. The representatives
exercise authority on behalf of the people and that too for a fixed term.

 Supremacy of the Constitution: In the US, the Constitution is supreme. No

other law is above the Constitution. No law can violate the Constitution of
USA. The government of United States derives all its powers from the
Constitution. Government cannot carryout any work by violating the
provisions of the Constitution. The Supreme Court protects the supremacy of
the Constitution by exercising the power to reject any law or policy, which is
against the spirit of the Constitution. No State constitution can contain any
provision against the US Constitution. In case a State law violates the
provisions of the US Constitution, that law is declared as null and void by the
Supreme Court.

 Separation of Powers: The US Constitution is based on the principle of

separation of powers which means that the three organs of government, the
executive, legislature and judiciary carryout their functions independently
without interfering in the area and working of the other organs. The
Constitution framers were greatly impressed by the ideas of Montesquieu and
therefore accepted the concept of Separation of Powers. The Constitution
provides a clear cut separation of powers, where the law making power lies in
the hands of the legislature; executive power with the President and
judicialpower in the hands of the Supreme Court and other inferior courts. Bill
of Rights : It means that the American constitution guarantees fundamental
5
 rights to its citizens. The Government has been denied the power to limit or
take away the rights and freedoms of the people as granted by the Bill of
Rights. The Supreme Court acts as the protector of the rights of the American
people. At the time of its making, the US Constitution did not contain a formal
Bill of Rights for which the Constitution was criticized by some states. To
remove such criticisms ten amendments were made in the Constitution after
which a Bill of Rights was incorporated in it.
 Democratic Republic: The Constitution provides for a democratic republic.
Ultimate power lies in the hands of the people. It is a democracy because the
government is elected by the people and is responsible to them. People enjoy
fundamental rights and freedoms. It is a republic because the Head of the
State is an elected head of the State who remains in office for a fixed term.
The US Constitution makes it compulsory for the states of the federation to
adopt democratic republicanism.
 Presidential form of Government: In the United States Presidential form of
Government has been at work. The constitution-framers decided to have a
government which was strong and yet limited. It means that the President is
the head of the state as well as the government. President neither is
responsible to the legislature nor is the legislature responsible to the President.
The President remains in office for a fixed term. At the same time President
cannot dissolve the legislature before the expiry of its full term.
 Bicameral Legislature: Legislature of United States is known as the
Congress, comprising of two houses. The upper House is known as the Senate
and the lower House is known as the House of Representatives. The lower
House is a directly elected chamber constituting of 435 members. It has a
fixed but a short tenure of only two years. The upper House consists of 100
members. Two Senators are elected by each of the 50 states. The Senate is a
quasi-permanent House and 1/3rd of its members retire after every two years.
A Senator‟s tenure is of six years. In case of ordinary law making and
amendment of the constitution both the houses enjoy equal powers. In the
sphere of financial legislation, the Senate has the final say.
 Independent Judiciary: The courts in the USA, whether federal or state
courts, are independent of the control of the legislature and the executive.
Supreme Court is the highest court of appeal in the USA. The judges of the
Supreme Court are appointed by the President with the approval of the Senate.
The judges hold office for a very long term, and can be removed from office
only through a difficult process of impeachment. Judges are men of high
qualifications and they get good salaries and other service benefits.
 Judicial Review Power of the Supreme Court: This is a very significant
feature of the U.S Constitution. It is the power of the Supreme Court to re-
examine the laws made by the legislature, and the policies made by the
President. If it finds any law or any policy unconstitutional it can reject such
laws and policies. This power of the judiciary has enhanced the position of the
6
 American judiciary. It has the power to finally determine the meaning and
scope of the Constitutional provisions. l Dual Citizenship : Each American
enjoys the common citizenship of the United States of America as well as the
citizenship of that state of the federation to which he/she belongs. For
example a resident of the state of Florida is a citizen of Florida and a citizen of
United States of America at the same time. This feature enables each state to
maintain its individuality.
 Bi-party System: The US political system has naturally provided an
opportunity for the rise and development of several political parties, out of
which two parties have become dominant and major political parties. They are
the Republican and the Democratic. These two parties are directly and
continuously involved in the struggle for power in the US political system.
They have made it possible for the Americans to work their democratic
system in a successful and efficient way.
 Checks and Balances: Even though the principle of Separation of Powers
prevails in the US yet complete separation is neither possible nor desirable.
Therefore, the framers of the Constitution created a system of mutual checks
and balances among the three organs of government. For example,
appointments and treaties made by the President require the approval of the
Senate. Likewise, the bills passed by the Congress become law only when
signed by the President. Again, the Supreme Court can reject any law made by
the Congress or any policy made by the President as unconstitutional by
exercising its power of judicial review. In fact, the Constitution provides a
net-work of checks and balances among the three organs of the government.

The above mentioned are the salient features of the US Constitution which were
designed by the constitution-framers in such a way so that it satisfies the needs and
aspirations of the American people. This Constitution has served well, continues to
serve well, and is destined to serve well in future the people of the United States of
America

9.5 GOVERNMENT SYSTEM OF USA

The system of democratic government, in which the executive is constitutionally

independent of the legislature, is known as the Presidential form of government. In
this form of government, the head of the state who is also the head of government is
designated as the President and hence the phrase, Presidential form of government.

9.5.1 Characteristics of Presidential form of Government

The main characteristics of the Presidential form of government may be summarised

as under:

 Separation of Powers: There is a separation of powers in the Presidential

government. In this system, the executive and legislature are separate from

7
 each other and they have equal status. The President and his or her secretaries
(cabinet members) are not members of the Legislature and are not responsible
to it. The legislature cannot remove them through a vote of no-confidence.
Since complete separation of powers is not possible, the Presidential system
follows the principle of „checks and balances‟ as well. For instance, through
his or her power of patronage and veto power over legislation, the President
exercises control over the legislature. Similarly, the legislature is empowered
to remove the President by impeachment. The Supreme Court can declare the
laws passed by the legislature and the orders of the President as
unconstitutional.
 Single Executive: In a Presidential government, the President is the Head of
the State as well of the government. The President is not merely a nominal
head, but is the real executive who enjoys real powers of administration. The
President actually exercises all powers given to him or her under the
constitution and the law.
 Fixed Term of the President: In a Presidential government, the President is
elected for a fixed term and except impeachment for the violation of the
constitution, he or she cannot be removed from office before the expiry of his
or her term.
 Pre-eminence of the President: The President occupies a preeminent
position in this system of government. The members of the President‟s
cabinet, who are designated as secretaries, are not his or her colleagues but his
or her subordinates. The secretaries help the president in the administration
and they are appointed by him or her on the basis of ability. It depends on the
will of the president to accept or reject their advice. At present, the
Presidential government is seen in the United States of America, Brazil and in
some other countries of South America.

9.5.2 Merits and Demerits of Presidential form of Government

Merits of Presidential form of Government:

The following are some of the merits of the Presidential form of government:

 It is a stable form of government as the President is elected for a fixed term

and the process of impeachment is rarely adopted. It can follow a continuous
and consistent policy.
 It is argued that the application of separation of powers and “checksand
balances” as the basis of the Presidential system ensures thatnone of the three
organs of the government can become despotic. Itensures individual liberty.
 The Presidential form of government enables the appointment ofexperts to
head the various departments of the government withoutconsideration of their
party affiliations. This leads to efficiency inadministration.
 A Presidential system is suitable for emergencies.It can face nationalcrisis
without difficulty. As the President need not depend too muchon the direction
8
 of the cabinet or legislature, he or she can afford totake prompt decisions to
meet a crisis and also to carry them out.
 As compared to the Parliamentary government, the influence of
politicalparties in this system is less. This is because the President has
fullcontrol over administration and his survival is not dependent upon
themajority support in the legislature.
Demerits of Presidential form of Government:

The following are some of the demerits of the Presidential form of government:

 As the executive is separated from the legislature in this form of government,

there may be conflict between the President and thelegislature particularly
when the latter is dominated by the oppositionparty. As a result of that, public
interest might be hampered.
 A Presidential form of government may become despotic as thePresident
cannot be controlled by the legislature and the latter has nocontrol over
matters of daily administration. Impeachment is a difficultprocess and is
resorted to only under exceptional circumstances.
 Personal loyalty plays a very important part in securing cabinet berths.The
merit or experience of an individual may be ignored.
 A Presidential form of government is also very complex. There are toomany
commissions and committees under it.
 The Presidential system has been frequently criticized as being incapableof
conducting a vigorous foreign policy. It is often said that in the US,the
President‟s dependence on the Congress in certain foreign policymatters
makes US foreign policy a slow moving and uncertain affair.

9.6 CONSTITUTION OF CHINA

The Chinese civilization is one of the world‟s earliest civilizations. From 250 B.C. to
1911 A.D twenty two dynasties are believed to have ruled the imperial china. The
Chinese constitutional history starts with the Manchu dynasty which came into power
towards the close of the 16th century. It had to pass through a period of revolts,
agitations and warfare. The Manchu dynasty rule was a period of glory and also
degradation for China. From 1644 to 1912, Manchu dynasty ruled and progressed
well. Similarly, during the rule of Manchu dynasty, China was torn off into different
spheres of influence by western powers. For e.g. Russia had built up its spheres of
influence in Manchuria. The British got Yangtze valley and Japan and France also
extended their influences. Thus, China lost her independence. Following the failure of
the Manchu regime, another Revolutionary Nationalist Movement grew under the
leadership of Sun Yat-sen. He, being an ardent nationalist, outlined a political and
economic programme to lead China towards democracy and prosperity. He drew up a
provisional Constitution. However, before Sun Yat-sen could implement this

9
programme, reactionaries led by Yuan Shih-Kai seized power. The provisional
Constitution drawn up by Sun YatSen was abandoned.

In 1923, President Tsao Kun proclaimed a Constitution which was opposed by the
Kuomintang -the National People‟s Party (a party organised by Sun-Yat-sen, to fight
the reactionaries and save the Republic) and the Communist Party of China. In 1925,
Sun-Yat-sen died and the Kuomintang acknowledged Chiang Kai-shek as the leader
who was an able military general. In 1928, Chiang-Kai-shek established a new
national government under the Kuomintang. It was opposed tothe Communists. In
1931, Japan occupied the Chinese region of Manchuria which compelled Chiang-Kai-
shek to make an alliance with the Communists. When the Second World War(1939-
1945) broke out and Japan decided to join the Axis powers (Germany, Japan and
Italy), Chiang decided to join the Allied powers (UK, USA, France, Soviet Union and
China) with two objectives: Firstly, to meet the challenge posed by Japanese
imperialism and expansionism and secondly, to secure western help to meet the
growing influence of the Communists. However, the Second World War period was
utilized by the Communists to strengthen their position in China. With active Soviet
support and rapidly growing popularity in the rural areas, the Communists under the
leadership of Mao-Tse-tung emerged as a strong and disciplined guerilla force
committed to overthrowing the Kuomintang regime through a revolution. In 1946, a
civil war broke out in China. The new Constitution introduced by the Kuomintang
Government was vehemently opposed by the Communist Party of China. Moa‟s
Communists forced Chiang and his followers to flee to the Chinese island of Formusa
in 1947.

It has been mentioned above that the Communist Party of China overthrew the
Kuomintang regime of Chiang-Kai-shek.On October 1, 1949, mainland China came
fully under the control of the Communists who proclaimed the establishment of the
People‟s Republic of China- a socialist state under the leadership of MaoTse-tung
with its capital at Peking (now Beijing). The People‟s Republic of China had neither a
national legislature nor a formal Constitution for five years. In 1948 the Central
committee of the Communist Party of China decided to call a People‟s Political
Consultative Conference (PPCC) in order to promulgate a new constitution and to
establish a formal government. The PPCC was a large body composed of
662delegates from Communist Party of China, other democratic parties, various
occupational groups, national minorities and interested individuals. It was a quasi-
constituent adhoc organization. The PPCC governed China from 1949-54 carrying
out Mao‟s Common Programme. The Common Programme and the Organic Law
constituted the basic law of the People‟s Republic of China. The Common
Programme was an important semi-constitutional document which embodied the
basic aims and principles of Chinese Communism as interpreted by Mao-Tsetung. It
was based on the principle of Marxism-Leninism. The Organic Law consisting of 31
Articles outlined the structure and functions of the governmental machinery. It was
given the responsibility of fulfilling the Common Programme. The arrangement
10
continued till 1954. The PPCC elected a Central People‟s Government Council
(CPGC), the highest governmental body under the new regime.

In 1954, the CPGC drafted a new Constitution for the People‟s Republic of China
which was adopted by the first National People‟s Congress on September, 20 1954.
This was the first written Constitution of the People‟s Republic of China containing
106 Articles and four Chapters. This Constitution remained in operation only for two
decades and was replaced in 1975 by a new Constitution which made some
fundamental changes. This was the second Constitution of the People‟s Republic of
China. But, the Cultural Revolution headed by Mao brought about socioeconomic
changes and accordingly it became obligatory to change the existing Constitution to
meet the needs of the people. So, the constitutional framework underwent a radical
change in 1978 when the new Constitution was adopted in 1978 by the National
People‟s Congress. Again, in 1982 a new Constitution was adopted by the fifth
National People‟s Congress. The 1982 Constitution is the current Constitution of the
People‟s Republic of China.

9.7 SILENT FEATURES OF CHINA CONSTITUTION

The 1982 Constitution of the People‟s Republic of China is a newConstitution

adopted by the fifth National People‟s Congress (December 4, 1982). It is the current
Constitution of the People‟s Republic of China. The Constitution reiterates its faith in
Marxism-Leninism and Maoism but with a new approach. It advocates the need to
maintain and strengthen the institutional framework that had been initiated in the
post-Mao years. Article 1says “The People‟s Republic of China is a socialist state
under thepeople‟s democratic dictatorship led by the working class and based on the
alliance of workers and peasants.” The salient features of the new Constitution are
mentioned as under:

Preamble: Like most other constitutions, the Constitution of the People‟s Republic of
China has a Preamble of its own. Though the Preamble is not a main part of the
Constitution yet it gives an account of the past achievements and sets forth the task
ahead. The Preamble lays down the basic task before the nation in the times to come.
It declares: “Under the leadership of the Communist Party of China and the guidance
of Marxism-Leninism and Mao Tse-tung‟s thought, the Chinese people of all
nationalities will continue to adhere to the people‟s democratic dictatorship and
follow the socialist road.” The Preamble mentions that the Constitution is the
fundamental law of the land.

A Brief Document: The Chinese Constitution is a simple and brief document

containing a Preamble and four Chapters comprising only 138 Articles.

A Written and Enacted Constitution: The Chinese constitution is written in simple

Chinese language and even an ordinary citizen can understand it easily. The
Constitution is also an enacted one which was drafted by the National Constitution

11
Revision Committee, discussed by the Stranding Committee and the people at large
and passed by the National People‟s Congress on December 4, 1982.

A Flexible Constitution: The Constitution of China, in practice, is a flexible

Constitution. It can be amended by the National People‟s Congress by a two third
majority votes of the total membership. The unitary character of the State, lack
ofopposition and domination of politics by one party-one leadership together make
the Constitution flexible.

Popular Sovereignty: Article 2 of the Constitution mentions that “All powers in the
People‟s Republic of China belong to the people”. It is exercised through the National
People‟s Congress and the Local People‟s Congresses. The People‟s Republic of
China is a state of people‟s democratic dictatorship led by the working class.

A Socialist State: Article 1 of the constitution declares: ” The People‟s Republic of

China is a socialist state under the people‟s democratic dictatorship led by the
working class and based on the alliance of workers and peasants.” The socialist
system is the basic system of the People‟s Republic of China. Sabotage of the
socialist system by any organization or individual is prohibited. The basis of the
socialist economic system of the People‟s Republic of China is socialist public
ownership by the whole people and collective ownership by the working people.

Democratic Dictatorship: The People‟s Republic of China is now headed by the

President who is only a nominal head and performs ceremonial functions. There is a
State Council headed by the Prime Minister who is supposed to be the real executive
authority in China. The State Council is responsible to the National People‟s
Congressthe unicameral legislature and a duly elected body. Now the Prime Minister
cannot hold office for more than two terms, i.e., ten years. All this reflects a
democratic character of the polity. However, dictatorship is visible from the fact that
the State Council functions under the guidance of the Communist Party of China. The
Chairman of the Communist Party has an overriding authority. It is the Party and its
top leadership which governs the country. Thus, we find that the Preamble to the
1982 Constitution proclaims,” Under the leadership of the Communist Party of China
and the guidance of Marxism-Leninism and Mao-Tse-tung thought, the Chinese
people of all nationalities will continue to adhere to the people‟s democratic
dictatorship and follow the socialist road.

Supremacy of the Communist Party: The Communist Party of China enjoys

supreme position in the country.It is the sole political party of the People‟s Republic
of China. It controls the political system of China. All important functionaries in the
top government bodies are taken from the ranks of the party and they remain in power
till they retain the confidence of the top leaders of the party.

Unitary Constitution: According to the Preamble to the Constitution, China is a

unitary multinational state built up jointly by the people of all its nationalities. Like

12
other unitary states, China has provided for centralization of power. Autonomous
regions, provinces and municipalities are delegated powers by the Central
Government which can be taken away whenever it is so desired. There is no division
of powers between the Centre and states. Democratic Centralism: Democratic
centralism is another important feature of Chinese Constitution. Democracy is
reflected in the fact members of the National People‟s Congress and other organs of
State power are all democratically elected through popular elections. Moreover, the
higher governmental organs are accountable to the lower elected bodies. Centralism is
however predominant. All policy formulation and supervision of its implementation
is done by the central organs like the Standing Committee of the National People‟s
Congress and the State Council. Such a combination of democracy and centralism is
termed as democratic centralism. The Communist Party of China had adopted the
democratic centralism in its organization and working and later on it was applied to
the State.

Supremacy of the Constitution: Article 5 mentions Constitution as the fundamental

and supreme law of the land. No law and regulation is above it. Each citizen must
respect the constitution. Any act contrary to the Constitution and the law is
considered a punishable offence. No one is above the law. The Constitution states that
all state organs, the armed forces, all political parties and public organizations and all
enterprises and undertakings must abide bythe Constitution and the law.

Fundamental Rights and Duties: All Chinese citizens enjoy equality before law and
are guaranteed all fundamental rights which include right to work, right to rest, and
right to material security in the old age and in case of physical incapacity. These are
important economic rights. Right to education, freedom to engage in scientific
research and other cultural pursuits are some social and cultural rights. Political rights
include the right to vote and seek election, right to criticize and make suggestions to
any State organ or functionary. Civil Rights and personal liberties include the right to
freedom of speech, press, freedom of assembly, freedom of association, freedom of
procession and of demonstration, freedom of religion and right to education are some
prominent fundamental rights of Chinese people. It must be mentioned here that
although the fundamental rights enjoyed by the Chinese citizens seem to be imposing,
in actual practice, a number of restraints are put on the enjoyment of these rights. The
Constitution states that the enjoyment of these rights should not mean infringement
upon the interests of the State, society, collective or lawful freedoms and rights of
other citizens. Besides, the Constitution has incorporated certain fundamental duties
to be performed by the citizens such as (i) to safeguard the unity of the country and
all its nationalities, (ii) to abide by the Constitution and the laws, (iii) to defend the
motherland and resist aggression, (iv) to pay taxes, (v) to perform family planning,
(vi) to work if the person is able-bodied and (viii) to perform military service, etc.

Right to Work: Right to Work is an important fundamental right enjoyed by the

people of China. It is another feature of the Chinese Constitution. Article 42 of the

13
Chinese Constitution says “citizens of People‟s Republic of China have the right as
well as duty to work.” Work is the glorious duty of every able bodied citizen. The
Chinesepeople believe that “He who does not work shall neither eat.”

Unicameral Legislature: Unicameral legislature is another feature of Chinese

Constitution. The National People‟s Congress consisting of nearly 3000 deputies is
the central legislative body. At present there are 2987 deputies in the National
People‟s Congress. The Chinese Constitution describes National People‟s Congress
as the highest organ of state power. China has a unitary form of government.

Ideological Basis: The Constitution of the People‟s Republic of China is still based
on a definite ideology of Marxism-Leninism-Mao Tse-tung. But at the same time, it
advocates the need to sustain the institutional frameworks that had been initiated in
the post-Mao years. China today has embraced capitalism within the framework of a
Communist Party-led State structure.

A kind of Parliamentary Government: The 1982 Chinese Constitution provides for

a system of government which resembles or is similar to the parliamentary form of
government. The State Council is like the Cabinet and the Prime Minister is called the
Premier. It is the real executive. The Premier is chosen by the National People‟s
Congress upon the nomination made by the President. All other members of the State
Council are appointed by the National People‟s Congress upon the nominations
recommended by the Premier. The State Council is responsible and accountable to the
national people‟s congress or when the National People‟s Congress is not in session
to its Standing Committee.

Private Property: The Constitution has allowed the citizens to own private property
and to earn lawfully earned income. The state aims at maintaining economic stability
in the society.  Principle of Equality: Article 4 of the 1982 Constitution recognizes
equal rights for all citizens. All Chinese citizens are equal before law and there is no
discrimination on the basis of nationality, race, occupation, family background,
religious belief, education, propertystatus or length of residence. Women enjoy equal
rights with men in all spheres of life- political, economic, cultural andsocial.
Including family life. The minorities have the same right as those belonging to the
majority.

Multinational State: The 1982 Constitution recognizes China as a multinational state

and equality of all nationalities is assured. There are 56 nationalities who have
integrated to form the modern Chinese nation. Article 4 declares that all nationalities
are equal. Discrimination against and oppression of any nationality and acts which
undermine the unity of the nationalities are prohibited. All nationalities possess the
freedom to use and develop their own spoken and written languages and preserve or
reform their own customs and ways.

14
Role of the Communistparty of China: Communist Party of China holds the key
position in the Chinese administrative system this party controls the entire
governmental machinery. The party believes in democraticcentralism. The
Communist Party is based on the ideology of Marx and Lenin. Thus, we have
discussed the salient features of the 1982 Constitution of China.

9.7 GOVERNMENT SYSTEM OF CHINA

China has been a socialist state since after the 1949 revolution. There is single
political party, the communist party of china has been ruling in china. Moreover, the
central government of people republic of china is divided the several state organ.
These state organ are fundamental structure to function government activities of
China:

1. National People's Congress (NPC): the ultimate power of the state that makes
the constitution and basic laws, and supervise and elects all following organs;
2. Standing Committee of the National People's Congress (NPCSC): the
permanent legislative organ which makes most laws, interprets the
constitution and laws, conducts constitutional review, and supervise all
following organs;
3. President, act as a ceremonial head of state in compliance with decisions made
by the NPCSC, but exercises an independent power to nominate the Premier
of the State Council; and the Vice-President, who has no power itself, but
assist the President.
4. State Council (synonymous with "Central People's Government"): the
executive branch, whose Premier is the head of government;
5. Central Military Commission (CMC): the military branch, whose Chairman is
the commander-in-chief of the national armed forces including the People's
Liberation Army (PLA), the People's Armed Police (PAP), and the Militia;
6. National Supervisory Commission (NSC): the supervisory branch;
7. Supreme People's Court (SPC): the judicial branch;
8. Supreme People's Procurator ate (SPP): the prosecutorial branch.
Central Government:

The People's Republic of China takes place in a framework of a socialist republic run
by a single party, the Communist Party of China, headed by the General Secretary.
State power within the People's Republic of China (PRC) is exercised through the
Communist Party, the Central People's Government (State Council) and their
provincial and local representation. The state uses Internal Reference secret
documents produced by Xinhua News Agency, similar to US's President's Daily
Brief, though delivered to most of its officials according to level of secrecy of the
information, a major source of information of the society.

15
Each local Bureau or office is under the coequal authority of the local leader and the
leader of the corresponding office, bureau or ministry at the next higher level.
People's Congress members at the county level are elected by voters. These county-
level People's Congresses have the responsibility of oversight of local government
and elect members to the Provincial (or Municipal in the case of independent
municipalities) People's Congress. The Provincial People's Congress, in turn, elects
members to the National People's Congress that meets each year in March in Beijing.
The ruling Communist Party committee at each level plays a large role in the
selection of appropriate candidates for election to the local congress and to the higher
levels.
The President of China is the head of state, serving as the
ceremonial figurehead under National People's Congress. The Premier of China is
the head of government, presiding over the State Council composed of four vice
premiers and the heads of ministries and commissions. As a one-party state,
the General Secretary of the Communist Party of China holds ultimate power and
authority over state and government. The offices of President, General Secretary, and
Chairman of the Central Military Commission have been held simultaneously by one
individual since 1993, granting the individual de jure and de facto power over the
country.
China's population, geographical vastness, and social diversity frustrate attempts to
rule from Beijing. Economic reform during the 1980s and the devolution of much
central government decision making, combined with the strong interest of local
Communist Party officials in enriching themselves, has made it increasingly difficult
for the central government to assert its authority. Political power has become much
less personal and more institutionally based than it was during the first forty years of
the PRC. For example, Deng Xiaoping was never the General Secretary of the
Communist Party of China, President, or Premier of China, but was the leader of
China for a decade. Today the authority of China's leaders is much more tied to their
institutional base.
Central government leaders must, in practice, build consensus for new policies among
party members, local and regional leaders, influential non-party members, and the
population at large. However, control is often maintained over the larger group
through control of information. The Chinese Communist Party considers China to be
in the initial stages of socialism. Many Chinese and foreign observers see the PRC as
in transition from a system of public ownership to one in which private ownership
plays an increasingly important role. Privatization of housing and increasing freedom
to make choices about education and employment severely weakened the work
unit system that was once the basic cell of Communist Party control over society.
China's vast social, cultural and economic diversity has led to heterogeneity in the
policies applied at the local and regional level.
The social, cultural, and political as well as economic consequences of market reform
have created tensions in Chinese society. Some Chinese scholars such as Zhou
16
Tianyong, as of 5 April 2005 the vice director of research of the Central Party School,
argue, as of September 2004, that gradual political reform, as well as repression of
those pushing for overly rapid change over the next twenty years, will be essential if
China is to avoid an overly turbulent transition to a middle class dominated polity.
Some Chinese look back to the Cultural Revolution and fear chaos if the Communist
Party should lose control due to domestic upheavals and so a robust system of
monitoring and control is in place to counter the growing pressure for political
change.
The primary organs of state power are the National People's Congress (NPC),
the President, and the State Council. Members of the State Council include the
Premier, a variable number of vice premiers (now four), five state councillors
(protocol equal of vice premiers but with narrower portfolios), and 29 ministers and
heads of State Council commissions. During the 1980s there was an attempt made to
separate party and state functions, with the party deciding general policy and the state
carrying it out. The attempt was abandoned in the 1990s with the result that the
political leadership within the state are also the leaders of the party, thereby creating a
single centralized focus of power.
At the same time, there has been a convention that party and state offices be separated
at levels other than the central government, and it is unheard of for a sub-national
executive to also be party secretary. The conflict has been often known to develop
between the chief executive and the party secretary, and this conflict is widely seen as
intentional to prevent either from becoming too dominant. Some special cases are
the Special Administrative Regions of Hong Kong and Macau where the Communist
Party does not function at all as part of the governmental system, and the autonomous
regions where, following Soviet practice, the chief executive is typically a member of
the local ethnic group while the party general secretary is non-local and usually Han
Chinese.
Under the Constitution of China, the NPC is the highest organ of state power in
China. It meets annually for about 2 weeks to review and approve major new policy
directions, laws, the budget, and major personnel changes. Most national legislation
in China is adopted by the Standing Committee of the National People's Congress
(NPCSC). Most initiatives are presented to the NPCSC for consideration by the State
Council after previous endorsement by the Communist Party's Politburo Standing
Committee. Although the NPC generally approves State Council policy and personnel
recommendations, the NPC and its standing committee has increasingly asserted its
role as the national legislature and has been able to force revisions in some laws. For
example, the State Council and the Party have been unable to secure passage of a fuel
tax to finance the construction of freeways.
Local Government:
Local government in China is structured in a hierarchy on four different levels. With
the village being the grassroots (usually a hundred or so families) and not considered

17
part of the hierarchy local government advances through the townships, country,
preference or municipality and the province as the geographical area of jurisdiction
increase. Each level in the hierarchy is responsible for overseeing the work carried
out by lower levels on the administrative strata. At each level are two important
officials. The Communist Party of China, colloquially termed the Party chief or
the Party Secretary, acts as the policy maker. The head of the local People's
Government, is, in theory, elected by the people. Usually called a governor, mayor,
or magistrate, depending on the level, the distinction has evolved into a system where
the Party Secretary is always in precedence above the leader of the People's
Government.
After Deng Xiaoping took power in 1978 greater autonomy has been given to
provinces in terms of economic policy implementation as well as other areas of policy
such as education and transportation. As a result, some provincial authorities have
evolved tendencies of operating on a de facto federal system with Beijing. Prominent
examples of greater autonomy are seen in the provinces of Guangdong and Zhejiang,
where local leaders do little to adhere to the strict standards issued by the Central
Government, especially economic policy. In addition, conflicts have arisen in the
relations of the central Party leaders with the few provincial-level Municipalities,
most notably the municipal government of Shanghai and the rivalry between former
Beijing mayor Chen Xitong and Jiang Zemin. The removal of Shanghai Municipality
Party Secretary Chen Liangyu in September 2006 is the latest example.
China's system of autonomous regions and autonomous prefectures within provinces
are formally intended to provide for greater autonomy by the ethnic group majority
that inhabits the region. In practice, however, power rests with the Party secretary.
Beijing will often appoint loyal party cadres to oversee the local work as Party
secretary, while the local Chairman of the region's government is regarded as its
nominal head. Power rests with the Party secretary. To avoid the solidification of
local loyalties during a cadre's term in office, the central government freely and
frequently transfers party cadres around different regions of the country, so a high
ranking cadre's career might include service as governor or party secretary of several
different provinces.

9.8 A COMPARISON THE POLITICAL SYSTEM OF USA AND CHINA

Both USA and China are powerful countries in terms of territory and population in
the world. USA and China have different set of political system. USA believe on the
presidential democratic systemof government and other hand China‟s political system
is based on the socialist government dominated by one political party called as
communist party of china. The USA on other side function of two party system.

The two party system of USA has been functioning in state since after the
independence in 1789. The government of USA has been ruling either of the political
party (The democratic and The Republic). Moreover, the president of USA has been
elected for the 4 years of the terms. Further, China is dominated by single political
18
party, the communist party of China. The secretary of the party is the head of the
state. However, there is no formal election process has been conducted in China.
Moreover, China is a socialist country work for all the sections of the society.

Both the countries are economically powerfully in the globe. Their political structure
are the benchmark to accelerate their economy in the international market. USA is the
capitalist economy, which is focusing on the private economy. Whereas China is a
socialist state, which is more concentred on the development of public institution in
the state. China has the powerful government in the world. All the power concentred
on the central government, which is advantage for the government to contribute in the
process of economy development of the state. On the other hand USA has a federal
structure to contribute in the economy.

9.9 SUMMARY

The constitution of both USA and China is different. In one hand the USA is
democratic form of political system and China have communist form of political
system. Moreover, the unit try to analyses the different aspect of USA and China‟s
constitution and its relevance in the political system. The political system of USA is
based on democratic government, in which the executive is constitutionally
independent of the legislature, is known as the Presidential form of government. On
the other hand China has been a socialist state since after the 1949 revolution. There
is single political party, the communist party of china has been ruling in china.
9.10 EXERCISE

1. Discuss the Political system of USA and China.

2. What are the difference in terms of political structure of USA and China?
3. What is Presidential form democracy?
4. Discuss the role of People Republic of China in the political System.

9.11 REFERENCE

Bhagwan, Vishnoo and Vidya, Bhushan.(2007). World Constitutions. New Delhi:

Sterling Publishers Private Limited.

Ghai,K.K. (2006). Major Governments. New Delhi: Kalyani Publishers.

Gupta, B.B. Comparative Study of Six Living Constitutions.

Kapur, Anup Chand and Misra, K.K. (2006). Select Constitutions. New Delhi: S.
Chand and Company.

Sachdeva and Gupta. A Simple Study of World Constitutions. Ajanta Prakashan

P. Burnell, et. al, „Politics in the Developing World‟. New Delhi: Oxford University
Press,

19
J. McCormick, (2007) „Comparative Politics in Transition‟, UK, Wadsworth.

L. Barrington et. al (2010) „Comparative Politics - Structures and Choices‟, Boston,

Wadsworth,

M. Kesselman, J. Krieger and William (2010), „Introduction to Comparative Politics:

Political Challenges and Changing Agendas‟, UK, Wadsworth.

J. Kopstein and M. Lichbach. (eds.) „Comparative Politics: Interest, Identities and

Institutions in a Changing Global Order‟. Cambridge: Cambridge University Press

20
UNIT-10 US: PRESIDENT
Structure
10.1 Objective
10.2 Introduction
10.3 The President of the United States of America
10.3.1 Election Procedure of the American President
10.3.2 Qualifications, Tenure and Removal of the President
10.4 Powers of the American President
10.4.1 Sources of President‟s Powers
10.4.2 Presidential Powers
10.5 Summary
10.6 Exercise
10.7 Reference
10.1 OBJECTIVE
After going through this unit, you will be able to understand

 The election procedure of the President

 Describe the qualifications, tenure and removal of the American
 President describe the powers and functions of the President.

10.2 INTRODUCTION

This unit introduces you to the executive organ of the American government. The
United States of America has a Presidential form of government where the executive
is independent from the legislature. You will come to know that there is an office of
the President who is both the head of the state as well as the government. The
American presidential form of government also has the office of the Vice President.
This unit will also enlighten you regarding the election procedure of the President and
Vice President, what are the qualifications required, term of office, removal method
etc. The enormous powers that the President exercises will also be mentioned in this
unit. After going through the powers of the President as discussed in this unit, you
will be able to understand why the American President‟s office is regarded as one of
the strongest democratic offices in the world. Along with that the functions and
position of the Vice-President will also be highlighted in this Unit.

10.3 THE PRESIDENT OF THE UNITED STATES OF AMERICA

The President of USA is the head of the state as well as government. He/she has
enormous power under the Constitution of that country. In the following sections we

21
shall discuss election procedure, qualification, tenure, removal process and powers of
the American President.

10.3.1 Election Procedure of the American President

We all know that USA is a Republic; therefore, the head of the state is an elected
head. The framers of the American Constitution felt that a direct election of the
President may cause disorder and confusion. They wanted a President to be elected in
an orderly and a dignified manner. Hence in the Philadelphia Convention it was
decided that the President should be elected by a PresidentialElectoral College, the
members of which will be elected by the people.

Nomination of Candidates: At first the political parties nominate their respective

candidates for the office of the President. Each political party holds a National
Convention for choosing its Presidential nominee. These conventions are held
sometime in the months of June-July of the year of election.

Election Campaign: Election Campaign starts after the National Conventions end. It
is an important factor in the process of Presidential election. During the campaign
process, the country witnesses one of the most colourful and exhaustive political
scenario. The mass media is most actively involved during this period.

Composition and Election of the Electoral College: The Presidential Electoral

College comprises as many as the total number of the members of both houses of the
American legislature, (435 members of the House of Representatives + 100 members
of the Senate = 535members). After the 23rdAmendment, three more seats have been
given to the District of Colombia, and, as such, the membership has increased to 538
(535 + 3 = 538).

The American political system moves according to calendar pattern. The members of
the Electoral College are elected by the voters on Tuesday after the first Monday in
the month of November of every leap year. These electors meet in the capital of each
State on the first Monday after the second Wednesday in December and cast their
votes for electing the President. On the day of voting, the people of the country do not
vote directly for a particular candidate but for a slate of electors pledging to vote for a
specific Presidential and Vice-Presidential candidate. The Presidential Electoral
College is a special body formed after every four years for electing the President. It
gets dissolved after performing this function. Separate ballot papers are provided for
casting votes separately by each member of the Electoral College

Counting of Votes and Declaration of the Result: The ballots are sealed and sent to
the Chairman of the Senate, where counting is done and the results announced. The
Presidential candidate securing a clear majority of votes (270 votes out of 538), gets
elected as the President.

22
Oath of Office: The elected President is administered the oath of office on the 20th
of January by the Chief Justice of the Supreme Court.

As a student of political science a question may come to your mind as to what would
happen if a Presidential candidate fails to get a clear majority. The answer to this
question is that under such circumstances, the responsibility for electing the President
ispassed on to the House of Representatives. The House of

Representatives has to elect one of the first three candidates getting the highest
number of electoral votes. Voting by the House is done state wise with
representatives of each state acting as a bloc and exercising one vote. By following
this practice whosoever gets the maximum number of votes is elected as the President

10.3.2 Qualifications, Tenure and Removal of the President

In this section, we will discuss the qualifications and tenure of the President of the
United States as well as the question as to how he or she can be removed.

Qualifications: A person in order to become the President of America has to have

certain qualifications.

(a) The candidate must be a natural born American citizen.

(b) The candidate must be at least thirty-five years of age.

(c) He/she must have lived in the United States for not less than 14years.

It is important for us to remember one thing that a naturalized citizen cannot contest
for the post of President.

Tenure: The President of the United States is elected for a term of four years by an
electoral college. The Constitution framers took this decision because they felt that
the term should be neither too long nor too short. The Constitution originally did not
put any restriction on the re-election of a President. George Washington, the first
President was elected twice but he refused to contest election for the third time. Since
then a convention has been developed which stops the re-election of a Presidentfor
more than two consecutive terms. In case a President dies before the completion of
his term, the Vice-President succeeds the President.

At this point of time a question may come to your mind that what happens if both the
offices of the President and Vice President become vacant on account of death,
resignation or removal? The answer to this question would be that, in case the Vice-
President is not available to fill the vacancy the line of succession would be: (a) The
Speaker of the House of Representatives, (b) The President Pro-Tempore (for the
time being) of the Senate, (c) The Secretary of the State followed by other members
of the Cabinet. However such an opportunity has never arisen to this day in the
history of the American political system.

23
Removal of the American President: The President can be removed from office
before the expiry of the normal term through the process of impeachment. He/she can
be impeached if found guilty of treason, bribery or high crime. The impeachment
process is initiated by the House of Representatives. For this, the House has to pass
the impeachment resolution mentioning the charges by a majority of votes. The
resolution thus passed then goes to the Senate.

The Senate then sits as the court of investigation. Such a meeting of the Senate is
presided over by the Chief Justice of the US Supreme Court. The Senate investigates
the charges and the President is given full opportunity to clarify his position and
defend himself/herself. If however, the Senate, after full deliberations, also passes the
impeachment resolution by a 2/ 3rd majority, the President stands impeached. The
impeachment method is a difficult method. Till today only two Presidents, Mr.
Andrew Jackson (1868) and Mr.Bill Clinton (1998) had to face it. However, the two
were notimpeached because the impeachment resolution failed to get passed.

10.4 POWERS OF THE AMERICAN PRESIDENT

The U.S. Constitution creates a Presidential System of Government. It provides for

the office of the President and makes him/her both the head of the state as well as
government. He/she is neither a member of the Congress nor responsible to it. He/she
holds a stable, fixed and definite term of four years.As already mentioned the
President is both the head of the state and the government and therefore, the President
enjoys vast powers in theU.S.A. His/her office is one of the most powerful and
strongest democratic offices in the world. The powers of the President may be
discussed under the following heads: executive, legislative, judicial, powers as head
of the state and powers as leader of his/her party. Before discussing the powers of the
President, let us discuss about the sources of President‟s powers.

10.4.1 Sources of President’s Powers

a) In the first place the original Constitution confers certain powers and
privileges.
b) In the second place, the Supreme Court increased the authority of the
President in all those cases regarding which the Constitution is not clear. For
example, the Constitution clearly mentioned the methods of appointments to
various federal offices but was silent about the mode of removal. The power
ofremoval of all federal officers was then vested in the hands of the President
by the Supreme Court.
c) A great part of Presidential powers has been derived from the laws of the
Congress. For example, the Congress has bestowed upon the President the
power to exercise the discretionary powers.
d) Conventions have also to a large extent increased the powers of the President.
For example, as a result of convention, the President is accepted as the leader

24
 of his/her party, and thereby has the right to be consulted on all matters
affecting the interest of his party inside and outside the Congress.
e) Lastly, during emergencies powers of the President increases. For example,
during the two World Wars the respective Presidents had almost dictatorial
powers.

10.4.2 Presidential Powers

The powers of the American President can be explained under the following heads.

Executive Powers: Among all the powers that the President exercises his/her
executive powers are immense. He/she exercises executive powers in the following
ways:

 As Chief Administrator: The President is the head of national

administration. It is his/her duty to see that the Constitution, laws and the
treaties of the United States and the judicial decisions given by the federal
courts are properly implemented throughout the country. He/she is assisted in
carrying his/her functions by the entire federal bureaucracy. In case a
Republican government is threatened in a particular state or if there is a
danger of invasion of that state, the President has got the right to act on his/her
own initiative.
 As Commander-in-Chief: The President being the Supreme Commander of
the armed forces of the United States is responsible for the defence of the
country. He/ she appoints military officers with the advice of the Senate and
can remove them at will. Although the power to declare war lies in the hands
of the Congress yet the President can make war unavoidable and necessary by
his/her conduct in administration. As Commander-in-Chief, the President
decides where troops are to be located and stationed. Every action of the
armed forces on land and sea is carried out according to the orders of the
President.
 Power of Appointment: As administrative head, the President appoints, with
the advice and consent of a simple majority of the Senators present,
Ambassadors, Ministers, Federal Judges and other officers of the UnitedStates
whose appointments are not otherwise providedfor in the Constitution.
 Power of Removal: The President enjoys unchecked authority to remove
persons he/she disapproves as executive members. This power, however, does
not cover the officials appointed by the commissions. It is to be remembered
here that regarding the removal of the judges the President enjoys limited
powers.
 Treaty-making Power: The President has the power to make treaties with
sovereign states. However, all such treaties have to be approved by a 2/3rd
majority of the members present and voting in the Senate.

25
 Conduct of Foreign Policy: The US president is the chief architect of the US
foreign policy. He/she does not only make the foreign policy but also
conducts foreign affairs of the USA. The foreign policy decisions of the US
President create an impact upon all the nations of the world.

Legislative Powers: Even though the US Constitution has vested the legislative
powers in the hands of the Congress, yet, the President has been given some role
in the legislative sphere. Some of the legislative powers of the US president are:

 Messages to the Congress: The President can send messages proposing

some legislative measures which is generally not ignored by the Congress,
as it comes from the highest authority of the State. The President also
reports to the Congress on the state of union and on problems which
he/she believes require immediate action on the part of the Congress Such
message is sent both to the Congress and the people and it is
communicated through the television.
 Exercise of Veto Power: The Constitution mentions that every bill passed
by the Congress requires the consent of the President to become a law.
The President has to sign within ten days of submission failing which the
bill becomes a law even without the President‟s signature. However, the
President can check the passing of laws disliked by him/her by exercising
the veto power. The veto power is of two types- Suspensory Veto and
Pocket Veto. Under suspensory veto, the President can return a bill before
expiry of 10 days. The two houses have to again pass it by 2/3rd majority.
In case the bill fails to get this majority, the bill stands rejected. But if it
qualifies the requirement it becomes a law and President has to sign.
Under pocket veto if the President withholds his consent and the 10days
term expires, the bill becomes a law even without the consent of the
President, provided the Congress is still in session. But if the Congress is
adjourned before the expiry of 10 days term, in such case, the bill is killed
which is called as pocket veto.
 Making of Executive Orders: Under this head, it can be stated that the
President has the power to issue executive orders in order to meet the
needs of administration arising out of unforeseen circumstances.
Moreover, it is the responsibility of the President to implement the laws
made by the legislature. This power has been extensively used by the US
President.
 Power to call special sessions of the Congress: Special sessions of the
Congress can be convened by the President on extra-ordinary occasions.
To hold such sessions, President has to give in writing the reason. Once
special sessions are convened, it depends upon theCongress to decide the
duration of such sessions and when it is to be adjourned. However, if the
two houses fail to decide the date of adjournment because of serious

26
 differences, the President can fix the date. But it is generally seen that the
two Houses never give such an opportunity to the President.
 Budgetary Power: The Budget and Accounting Act of 1921 gives him or
her power over the preparation of the national budget which he/she
submits to Congress with his or her annual budget message.

Functions as the Leader of the Nation: The President is regarded as the symbol of
the nation. He/she acts as the single most powerful leader of the American nation
upon whom people depend for peace, security and developmental needs. The
President guides the people in times of war as well as peace.

Judicial powers: Like all other chief executive heads, the President of the United
States has the power to grant mercy or pardon to all offenders proved guilty of
violating the federal laws. The President appoints the Chief Justice of the Supreme
Court and thereby enjoys some judicial powers.

Powers as Head of the State: The U.S. President is not only the head of the
government, but also the head of the state and performs like the Indian President the
ceremonial functions. The functions of the head of the state and government are
combined in his or her person. As such, we can say that the office of the US President
is of great dignity and prestige.

Functions of the President as the Leader of his/her party: The President also acts
as the leader of his/her party. His/her control over the party is a source of strength.
The President plays a key role in carrying out the work of his or her party. He/ she
nominates even the chairperson of his/her party and helps the party to select a new
candidate, in case he/she own haseither completed his/her two terms as President or is
not interested in running for a second time for the office of the President.

From the above mentioned powers and functions of the President, we can say that US
Presidency has become the most powerful office in the world. He/she is the maker
and director of the U S foreign policy and Americas‟ relations with other nations. Not
only in the national sphere but also in the international sphere, the President‟s
leadership is of the greatest importance. Because of his/her key role in international
relations some scholars describe the President as the most powerful ruler in the world.
In fact, the US President holds one of the most powerful offices ever created by a
democratic nation.

10.5 SUMMARY

A person in order to become the President of America has to have certain

qualifications- the candidate must be a natural born American citizen, the candidate
must be at least thirty-five years of age, he/she must have lived in the United States
for not less than 14 years. The President of the United States is elected for a term of
four years by an electoral college. The President can be removed from office before
the expiry of the normal term through the process of impeachment. The powers of the
27
President may be discussed under different heads: executive, legislative, judicial,
powers as head of the state and powers as leader of his or her party. l The Vice-
President of the United States is elected for a term of four years. The Vice-President
can be removed from office before the expiry of the normal term through the process
of impeachment. The most important function of the Vice-President is that if the
office of the President becomes vacant due to sudden death, resignation or
impeachment of the President, then Vice-President resumes the post of the President.
Beside this the Vice-President also performs.

10.6 EXERCISE

1. Describe the method of election of the American President.

2. Explain the powers and functions of the President of USA.
3. Write briefly about the qualifications, tenure and removal of the USPresident.
4. Discuss the impeachment process of US President.

10.7 REFERENCE

Bhagwan, Vishnoo. &Bhushan, Vidya. (2007). World Constitutions. New Delhi : S.

Chand and Company.

Ghai,K.K. (2006). Major Governments. New Delhi :KalyaniPublishers.

Chakravarty, Sivnath&Chakravarty, Anup. (ed.) (2000-01). An Introduction to

Politics (19th edition). Calcutta : Modern Book Agency Pvt. Ltd.

Sachdeva and Gupta. (1984). A Simple Study of World Constitutions. New Delhi :
Ajanta Prakashan.

P. Burnell, et. al, „Politics in the Developing World‟. New Delhi: Oxford University
Press,

J. McCormick, (2007) „Comparative Politics in Transition‟, UK, Wadsworth.

L. Barrington et. al (2010) „Comparative Politics - Structures and Choices‟, Boston,

Wadsworth,

M. Kesselman, J. Krieger and William (2010), „Introduction to Comparative Politics:

Political Challenges and Changing Agendas‟, UK, Wadsworth.

J. Kopstein and M. Lichbach. (eds.) „Comparative Politics: Interest, Identities and

Institutions in a Changing Global Order‟. Cambridge: Cambridge University Press

28
UNIT-11 THE AMERICAN CONGRESS
Structure
11.1 Objective
11.2 Introduction
11.3 The US Congress: Its Structure and Organisation
11.3.1 The House of Representatives
11.3.2 The Senate
11.4 Powers of the House of Representatives
11.5 The Senate: Its Special Powers
11.5.1 Senate as the Most Powerful Second Chamber in the world
11.5.2 Comparison with the British House of Lords
11.6 Summary
11.7 Exercise
11.8 Reference

11.1 OBJECTIVE
After going through this unit, you will be able to
 Explain the composition of the US Congress
 Describe the powers of the House of Representatives and the Senate
 Analyses why the Senate is called as the most powerful Second Chamber in
the world
 Make a comparison between the Senate and the British House of Lords.

11.2 INTRODUCTION

In Article 1 of the American Constitution it is very well laid down that all the
legislative powers of the American Federation will be in the hands of the Congress.
This unit will elaborately discuss the organization of theCongress, the powers and
functions exercised by both the Houses and will also let you know about the upper
House which is more powerful than the lower House. This unit will also try to make a
comparative study between the upper House of the American Legislature and the
upper House of the British Legislature. After going through this unit you will get a
clear picture of the legislature of the American Government and the role it plays in
the law making process and in the overall working of the government.

11.3 THE US CONGRESS: ITS STRUCTURE AND ORGANISATION

The American Legislature as we all know is called the Congress. It is a bicameral

legislature comprising two chambers. The Upper House is known as the Senate and
29
the Lower House is known as the House of Representatives. The framers of the
American Constitution opted for a bicameral legislature because of the following
factors:

Their Familiarity: The framers of the Constitution were more familiarwith bicameral
legislatures than with those of a unicameral legislature.

To guard against despotism: The Constitution makers thought that a single house
legislature may lead to misuse of powers and, therefore, they opted for a bicameral
legislature so that it checks the misuse of powers.

To provide stability: The preference for a bicameral legislature at the Philadelphia

Convention was influenced by the desire to provide stability in government. The
country at that time had passed through a period of chaos and uncertainty. The fathers
of the Constitution wanted a government which would be able to maintain peace in
the country. Thus, a bicameral legislature was established.

11.3.1 The House of Representatives

The House of Representatives is the lower and directly elected House of the US
Congress. This House represents the peopleof the United States.

Composition: The total strength of the House of Representatives is 435. All the
members of this House are directly elected by the people.

Qualifications for Membership: Any person with the following qualifications is

eligible for membership of the House of Representatives.

 He or she should be a citizen of the USA.

 He or she must be at least of 25 years of age.
 Must be a resident of the country for at least seven years.
 He/she must be a resident of the district which he wants torepresent.
 He /she should not hold any office of profit.
 He/she must not be charged of treason, bribery etc.
Tenure: The members of the House are elected for a term of two years. They are
eligible to get re-elected and there is no time limit on it. The House has a fixed term
of two years. It cannot be dissolved before the expiry of its full term.

Privileges: The members of the House of Representatives are entitled to certain

privileges. (a) They have the privilege of freedom from arrest during the sessions.
But, it is to be remembered here that it does not protect them from arrest in a civil suit
while the House is not in session. (b) They have complete freedom of speech or
debate in the House and they cannot be questioned for it by any court of law.

Sessions: The 20th Amendment of the American Constitution has made it

compulsory for the Congress to hold one sessionevery year. The session begins on

30
3rd January each year. Thetwo Houses meet simultaneously and mostly adjourn their
sessions on the same day. In case of disagreement between the two Houses regarding
the date of adjournment of the session of the Congress, the President decides the date.

Chairperson of the House: The Speaker is the Chairperson of the House who is
elected by the House. He/she presides over the meetings of the House and conducts
the proceedings of the House. The Speaker always belongs to the majority party.

11.3.2 The Senate

The Senate is the upper House of the US Congress. Unlike other upper chambers of
the world, the Senate is more powerful than the lower House of the American
Congress. In fact, it is regarded as the most powerful second chamber in the world.
The Senate occupies an important position in the constitutional system of America.

Composition of the Senate: The Senate represents the States of the US Federation.
Each state, irrespective of its size and population, sends two members to the Senate
and this provision is not amendable. This chamber gives equal status to all the States
of the US Federation. There are 50 States in the US federation. Each State sends two
representatives to the Senate. Thus, the Senate is composed of 100 members (2 x 50
=100).

Qualifications for Membership:Any American can become a member of the Senate,

in case he has the following qualifications.

 He/she is a citizen of the USA.

 He / she is not less than thirty five years of age.
 He/she is an inhabitant of the State which he/she wants to represent.
 He/she is a resident of the United States for at least nine years, but not
essentially consecutive.
 He/she satisfies the rules of membership which the Senate prescribes.
Method of Election: At the initial stages the Constitution provided for an indirect
election of the Senators. But this systemwas found to be undemocratic and harmful,
because it led to the election of undesirable persons as Senators. Accordingly, in 1913
the Seventeenth Amendment was adopted providing for the direct election of the
Senators by the people of the United States. This change has made the Senate a
popular directly elected House and has given a new strength and status to the Upper
House.

Tenure: The term of a Senator is six years and the Senators are eligible for re-
election. It is a continuous body with one-third of its members retiring every two
years. Since the Senators enjoy a long tenure of six years and there is the provision
for re-election, they acquire experience and a certain measure of leadership.

31
Sessions: The sessions of the Senate are held simultaneously with those of the House
of Representatives. The regular annual session of the Senate begins on 3rd January
each year and runs till the end of July. The date of adjournment is decided by the
Congress. But, in case there is disagreement between the two Houses regarding the
date of adjournment then it is the Presidentwho decides the date of adjournment.
However, it is important to remember that till date no President has ever got an
opportunity to exercise this power.

Privileges: The privileges enjoyed by the Senators are

 No Senator can be arrested in a civil case during the sessions of the Congress.
 During the sessions of the Congress, a Senator cannot be compelled to act as a
witness in the courts of law.
 The Senate has the power to regulate its own debates and make its own rules
and conduct the business of the House.
 Full freedom is enjoyed by the Senators to carry out discussions in the House.
No restriction is imposed upon individual speeches made by the Senators.
Therefore there is full freedom of debate in the Senate.

Presiding Officer of the Senate: The Vice-President of the United States is the
presiding officer of the Senate. He or she isnot a member of the Senate and is neither
the spokesman of the House nor its leader. It is the Senate which regulates the debates
of the House and not the Vice-President. The Vice-President has the power to vote
only in the case of a tie.

11.4 POWERS OF THE HOUSE OF REPRESENTATIVES

We all by now know that the Senate represents the States, and the House of
Representatives represent the US citizens and is directly responsible to them. This
House of the American Congress is entrusted with certain powers and functions
which are enumerated below:

Legislative Powers: In the sphere of law-making, the House ofRepresentatives has

legally an equal share with the Senate. Any bill can be introduced in it. After getting
passed from it, the bill goes to the Senate. In case the Senate also passes it, the bill
goes to the President for his or her signatures. If the President does not sign the bill
and ten days elapse, the bill becomes an act. If any conflict arises between the two
Houses and it remains unresolved, a Conference Committee comprising equal
members from each house is appointed which gives the final verdict of the bill.

Financial Powers: Money bills can originate only in the House of Representatives.
The budget, too, is first introduced in the House. The money bills and the budget are
first passed in the House and then sent to the Senate, which has the power to make
any change in them. As such, the Senate determines the final shape of every money
bill.

32
Constituent Powers: The passing of an amendment bill by the Congress requires
approval by 2/3rd majority in both the Houses. House of Representatives as such has
equal role in initiating amendments to the Constitution.

Executive Powers: The House of Representatives has a few and minor executive
functions. It can appoint investigating committees for investigating the work of
various government departments. The House along with the Senate has the power to
declare war. Besides this, the House has not been entrusted with any other executive
powers.

Admission of New States: The Constitution empowers the Congress to admit new
States to the Union. The House of Representatives shares with the Senate equal power
to admit new States to the Union.

Judicial Powers: The House of Representatives along with the Senate, has the power
to create new Federal courts and decide their jurisdictions. It shares with the Senate
the power to impeach the President, VicePresident, the Judges of the Supreme Court
and other high officials.The House of Representatives begins the impeachment
process.However, it is the Senate which sits as the Court of Impeachment and gives
the verdict.

Electoral Functions: If in a Presidential election no candidate secures absolute

majority, the responsibility to elect the President fall on the shoulders of the House of
Representatives. It elects one out of the first three candidates securing the highest
votes in the Presidential Electoral College as the President of the United States.

The above mentioned powers of the House of Representatives show that this chamber
of the American Congress enjoys less power than the Senate. The House has a weak
role and its very short tenure in deed, makes it a weaker house. Even though it enjoys
certain powers along with the Senate, yet in reality it reveals that the final power lies
in the hands off the Senate. The Senate plays a more dominant and leading role in the
American political system. The House of Representatives in this regard is a less
powerful chamber of the US Congress.

11.5 THE SENATE: ITS SPECIAL POWERS

As mentioned already, the Senate is a powerful House. As such, it enjoys a vast

amount of power and authority in the law making and financial sphere. It is entitled to
enjoy some special powers. The powers of the Senate can be mentioned under the
following heads:

Power to Check the President: This power of the Senate is visible in the following
matters

 Role of Senate in Appointment-Making: All appointments made by the

President require the approval or confirmation of the Senate. No appointment

33
 is valid unless approved by the Senate. It is essential to remember that the
Senate rarely rejects the appointments of the executive heads of the
departments madeby the President. It, however rejects the appointment of a
federalofficial if, before announcing his or her appointments, thePresident
fails to consult the Senators of his or her party whorepresent the state for
which the particular appointment is to bemade. This practice is known as
Senatorial Courtesy.
 Power to Ratify Treaties: All the treaties made by the President becomes
operative only when it is ratified by 2/3rd majority members of the Senate. By
exercising this power the Senate greatly exerts its influence on the foreign
relations conducted by the President of the USA. The President is helpless if
the Senate refuses to ratify a treaty. For example, in the year 1999, the Senate
refused to ratify the CTBT (Comprehensive Test Ban Treaty), which had been
signed by the US President. This clearly shows the influence of the Senate in
foreign relations and decisions of the United States.
 Senate alone sits as the Court of Impeachment: When impeachment
proceedings take place, the House of Representatives frames charges and the
Senate sits as the court of impeachment for investigating and finally deciding
the case. After investigations and hearings, if the Senate accepts and passes
the impeachment resolution by a 2/3rd majority, the person concerned stands
impeached. A person convicted in an impeachment by the Senate cannot be
granted pardon even by the President.
 Election of the Vice-President in a Special Case: If a Vice Presidential
candidate fails to secure absolute majority votes in the Electoral College, it
becomes the responsibility of the Senate to elect the Vice-President from
amongst the first two candidates.

Legislative Powers: The Senate enjoys equal legislative powerswith the House of
Representatives. Any non-money bill can originate in the Senate. After a bill is
passed in the Senate, it goes to the House of Representatives. If it also passes it, the
bill goes to the President for his or her signature and it becomes a law if signed by the
President or even if the President fails to sign and 10 days elapse. However, in case of
a conflict between the two Houses, a Conference Committee consisting of members
of both the Houses is constituted to resolve the deadlock. The decision of the
committee finally settles the fate of the bill.

Financial Powers: Senate plays a very important role in the passingof a Money Bill.
Even though a Money Bill originates in the House of Representatives, yet it is not of
much significance because the Senate has vast amending powers. It may strike out
everything except the title of the bill. Thus, the final shape of the money bill depends
upon the wishes of the Senate.

Investigation Powers: This is another important power of the Senate according to

which the Senate has the power to investigate the working of various executive

34
departments. This power is fully used by the Senate to exercise control over
government departments and federal officials. The investigating committees of the
Senate have always served as powerful instruments of control over the administration.

Constituent Powers: Regarding the proposals for amendment of the Constitution, it

can be initiated by 2/3rd majorities in both Houses of the Congress. The Senate
enjoys equal powers with the lower House in this regard.

The above mentioned powers of the Senate have proved beyond any shadow of doubt
that this House of the American Senate exercises enormous powers. Its special
powers have been a source of great strength and authority. The Senate enjoys a
centrally important place in the US political system. There are many things which the
Senate and the House of Representatives do together. There are several things which
the President and the Senate do together. But there is little that can be done without
associating the Senate. It is also important for us to know that, the Senate is the only
branch of American Government which never dies. It is looked upon as the backbone
of the whole federal system Thus, it can be said without any doubt that the Senate is
one of the most powerful and important institutions of the American political system.

10.5.1 Senate as the Most Powerful Second Chamber in the world

The powers and functions of the Senate have already provedthat it is not only more
powerful than the Lower House, but it is also the most powerful Second Chamber in
the world. Even the fathers of the American Constitution, mentioned Senate first and
then the House of Representatives in the Article of the original Constitution. In
prestige and authority, the Senate has, in due course, over shadowed the Lower House
of Congress and has become unique among the second chambers of the world. The
following points will clearly prove the strength of the US Senate:

Direct Executive Powers: The Senate is the only legislative organ in the world,
which enjoys some direct executive powers. It shares with the President his or her
power of making top-ranking appointments and through this privilege, it controls the
internal administration of the government. Moreover, no treaty or agreement with a
foreign State concluded by the President isvalid without ratification of the Senate.
Through this power theSenate controls the external policy of the President. It is to
benoted here that these powers are exclusively exercised by theSenate and the House
of Representatives has nothing to do with it.

Absence of Parliamentary Government: We all know that in America there is the

Presidential form of government. The absence of Parliamentary form of government
has indirectly helped the Senate to acquire a domineering position. In countries where
there is the Parliamentary form of government, the Lower House attains a high status
than the Upper House. But in the USA the position is rather reverse. It is the Upper
House which has control over the executive.

35
Small Membership and Long Tenure: The membership of the Senate is small but
its tenure is long. The Senate as we all know consists of 100 members, and this small
size makes it really a deliberative body and adds to its importance. Moreover, the
Senators are elected for a term of six years. The long tenureof the Senators do not
worry them about their election. Since their tenure is long they can do full justice to
their plans and policies.

Membership consists of Senior Politicians: Senior politicians and men with

legislative experience and wider knowledge of public affairs, usually aspire to
become members of the Senate, because of its long term and greater prestige than the
Lower House. The result is that the Senate becomes superior to the Lower House in
intellectual quality, legal talents and political wisdom. The newspapers give greater
coverage to the speeches made in the Senate. Public attention is more focused on
what happens in the Senate than in the House.

Direct Election of the Senators: In the US the Senators are directly elected. This is
not the case in electing the members of the Second Chambers of India, England or
Canada. But, in the USA since the Senators are directly elected, they can demand an
equal representative character with the House of Representative.

Equal Legislative And Financial Powers: The Senate enjoys equal legislative and
financial powers with the House of Representatives both in theory and practice. As
such, conflicts and deadlocks are frequent. Such deadlocks are resolved by a
Conference Committee consisting of equal members from both the Houses. The
history of the American Congress is a proof that even here it is the Senate‟s viewpoint
which ultimately prevails, since the Senate consists of seasoned politicians
andstalwarts who really matter in the public life of the country.

Greater Freedom of Speech: The Senators enjoy greater freedom of speech than the
members of the Lower House. A Senator can go on speaking for any length of time,
which enables a fill-length debate on every matter and every measure is discussed
from all viewpoints.

Court of Impeachment, the Senate has the sole right to try impeachments against the
President, the Vice-President and other high officials of the State, both civil and
political. This fact enhances the prestige of the Senate and enables it to over shadow
the House of Representatives.

Solidarity of the Senate: The Senate is the one legislative organ in the world, the
members of which have unity irrespective of their political affiliations. For example,
when President Roosevelt tried to bypass Senatorial Courtesy in 1938, it stood solidly
against him. The entire Senate stands as one unit whenever any attack on its authority
is made.

The Senators represent the States: The members of the Senate are elected by the
entire population of a state whereas the members of the House are elected by a
36
fraction of population in constituency. The Senators therefore have the proud
privilegeof having greater representative character and greater popular support than
the members of the House of Representatives.

Committees of Investigation: The Senate can appoint committees for investigating

into the misuse of authority by the administration. This power increases the prestige
of the Senate because the Executive being afraid of such investigations subordinates
to the wishes of the Senate.

The above mentioned points clearly show that the Senate is indeed a unique
institution. It takes part in all the three functions of the state, executive legislative and
judicial. While the upper chambers in other countries of the world have been
declining in power and importance, the Senate is adding to its strength
andimportance. All these facts prove that no other Second Chamber including the
British House of Lords, the Indian Rajya Sabha and the Canadian Senate has such a
status. Thus, the American Senate is regarded as a worthy monument of the wisdom
and foresight of the framers of the American Constitution.

11.5.2 Comparison with the British House of Lords

The Senate differs sharply from the British House of Lords in respect of its
composition and powers. The US Senate is regarded as the strongest and the British
House of Lords is regarded as the weakest second chambers of in the world. The
following points of comparison are worth mentioning:

 The membership of the Senate is quite small, i.e., one hundred members but
the House of Lords is a huge chamber comprising of 800 members.
 The House of Lords is a hereditary chamber. Nearly ninety percent of its
members occupy their seats on the basis of heredity. The Senate on the other
hand, is an entirely elected chamber. There is no hereditary or nominated
element in the Senate. The House of Lords is a permanent chamber. The
Lords are members for life. They do not retire. But the Senators occupy seats
for a period of six years one third retiring after every two years.
 The Senate is a living and a dynamic chamber where the standard of debates is
of high level. The Senators take active interest in the proceedings and are
politically awake. The House of Lords on the other hand, is a sleeping beauty.
The Lords seldom attend the meetings and do not have much say in politics.
The Senate is a fully representative and a responsible chamber.
 In power also the House of Lords is far inferior to the Senate. In legislative
sphere the powers of the Lords is much inferior to those of the House of
Commons. In England a bill may become a law despite the disapproval of the
Lords if it has been passed by the Commons in two successive sessions. On
money bills, the House of Lords has no power. The Senate, on the other hand,
possesses coequal powers with the House of Representatives in legislation and
finance. Besides, it shares with the President the power of appointment and
37
 treaty- making. However, the House of Lords is also a court of impeachment
for the trial of important officers of the Crown.

The above mentioned comparative study reveals that the US Senate is much more
powerful than the British House of Lords. The US Senate despite being an upper
House is more powerful than the lower House. It is an upper House with an upper
hand in legislative and financial spheres and in exercising control over the US
President, it is indeed the most powerful second chamber in the world.

11.6 SUMMARY

The American Legislature as we all know is called the Congress. It is a bicameral

legislature comprising two chambers. The Upper House is known as the Senate and
the Lower House is known as the Houseof Representatives. l The House of
Representatives is the lower and directly elected House of the US Congress. The
members of the House are elected for a term of two years. The Speaker is the
Chairperson of the House who is elected by the House. He or she presides over the
meetings of the House and conducts the proceedings of the House. The Senate is the
upper House of the US Congress. The Senate is regarded as the most powerful second
chamber in the world. The Vice-President of the United States is the presiding officer
of the Senate. A comparative study of the American Senate (which is the world‟s
most powerful second chamber) and the British House of Lords (which is the world‟s
most weakest second chamber) shows that the Senate enjoys far greater powers and
legislative responsibilities.

11.7 EXERCISE

1. Explain the powers and functions of the American Senate.

2. “Senate is the most powerful Upper House in the world.” Explain.
3. Compare the American Senate with the British House of Lords.
4. Write a note on the legislative, financial, judicial and electoral Functions of
the House of Representatives.
5. Explain the composition of the American Senate. What are the privileges
enjoyed by a Senator?

38
11.8 REFERENCE

Bhagwan, Vishnoo. &Bhushan, Vidya. (2007). World Constitutions. New Delhi: S.

Chand and Company.

Ghai,K.K. (2006). Major Governments. New Delhi: Kalyani Publishers.

Chakravarty, Sivnath& Chakravarty, Anup. (ed.) (2000-01). An Introduction to

Politics (19th edition). Calcutta : Modern Book Agency Pvt. Ltd.

Sachdeva and Gupta (1984). A Simple Study of World Constitutions. Ajanta

Prakashan

P. Burnell, et. al, „Politics in the Developing World‟. New Delhi: Oxford University
Press,

J. McCormick, (2007) „Comparative Politics in Transition‟, UK, Wadsworth.

L. Barrington et. al (2010) „Comparative Politics - Structures and Choices‟, Boston,

Wadsworth,

M. Kesselman, J. Krieger and William (2010), „Introduction to Comparative Politics:

Political Challenges and Changing Agendas‟, UK, Wadsworth.

J. Kopstein and M. Lichbach. (eds.) „Comparative Politics: Interest, Identities and

Institutions in a Changing Global Order‟. Cambridge: Cambridge University Press

39
UNIT-12 THE AMERICA SUPREME COURT
Structure
12.1 Objective
12.2 Introduction
12.3 Structure and Organisation of the American Supreme Court
12.4 Jurisdiction of the Supreme Court
12.5 Judicial Review of the Supreme Court
12.6 Summary
12.7 Exercise
12.8 Reference

12.1 OBJECTIVE

After going through this unit, you will be able to

 Discuss the composition of the American Supreme Court

 Discuss the appointment and term of office of the Judges
 Describe the jurisdiction of the American Supreme Court
 Explain the importance of the principle of judicial review.

12.2 INTRODUCTION

This unit introduces you to the judicial organ of the American political system which
is a well-organised, efficient and independent judiciary. The framers of the US
Constitution, by implementing the principle of separation of powers, have kept the
judiciary separate from the executive and the legislative organs of government. At the
apex of the American judicial structure stands the Supreme Court. It is the creation of
the Constitution. This unit will help you get a clear picture about the various
dimensions of the American Supreme Court and its importance in the overall
functioning of the American political system.

12.3 STRUCTURE AND ORGANISATION OF THE AMERICAN SUPREME

COURT

Courts are essential in all organized societies. Their organization and role differ with
the form of government, political theories, social and economic systems, traditions
and customs. The Supreme Court stands at the apex of the American judicial
pyramid. The Judiciary Act was enacted in 1789 and since then, the American
Judicial system has well evolved into a well-organised, powerful and independent

40
system. The Supreme Court of the United States is specially armed with extensive
powers to defend the Constitution.

 Organisation and Composition of the US Supreme Court: Article III,

Section 1, of the American Constitution specificallymentions that the
Supreme Court is the creation of the Constitution.It is the highest judicial
tribunal in the federation. The Constitutionvests all the judicial powers of the
federation in this court and otherinferior courts to be established by the
Congress. The Supreme Courtstands at the apex of the American judicial
pyramid. It is the highestcourt of appeal in the United States. The Constitution
has grantedthe power to the Congress to provide the details regarding
theorganization and structure of the Supreme Court and other FederalCourts.
The Congress exercised its authority by enacting theJudiciary Act of 1789,
which still governs the organization of the USSupreme Court and other
Federal Courts. The Constitution has notfixed the number of judges. At first, it
consisted of a Chief Justiceand five Associate Justices. The number has been
changing fromtime to time, but at present the Supreme Court comprises a
ChiefJustice and eight Associate Justices.

 Appointment of Judges: Like all high ranking appointments, the judges are
appointedby the President with the consent of the Senate. The
Constitutionmentions no qualifications for the judge. The President is free
toappoint anyone provided the Senate confirms the nominations ofthe
President. The Judiciary Committee of the Senate makes a carefulexamination
of the nominations made by the President. The reportsubmitted by the
committee is then considered by the Senate as awhole. When 2/3rd majority
of the members of the Senate give theirapproval, the President makes the
appointments. As a result of thisprocedure, the judges of the Supreme Court
have been, with a fewexceptions, lawyers of distinction and men of a great
calibre althoughno regular qualifications are prescribed in the Constitution.
 Tenure: The Constitution sets no term of office for judges. They holdoffice
during good behaviour and are removable by impeachmentonly. A judge may
retire, if he or she wishes, when he or she reachesthe age of seventy or at any
time thereafter. He or she can retire withfull salary and all the benefits to
which he or she is entitled when inoffice, provided he or she has served the
Bench for ten years. Thishas been done to attract voluntary retirements at the
age of seventyor after the completion of ten years of judgeship.
 Method of Removal: The judges as already mentioned can be removed only
byimpeachment. The power of impeachment is in the hands of theCongress.
The House of Representatives frames charges, theSenate investigates and
gives the verdict. In case the verdict isagainst the Judge, he or she stands
impeached. Till today no judgehas been impeached.

41
  Salaries of the Judges: The salaries of the Supreme Court Judges are
determinedby the Congress. However, the Constitution provides that the
salariesof the judges shall not be diminished during their continuance inoffice.
 Sessions of the Supreme Court: The Supreme Court holds one regular
session every year beginning on the first Monday in October and ending in the
month of June of the following year. It meets in Washington in its magnificent
white marble building. The Court conducts its hearings on Tuesday,
Wednesday, Thursday and Friday. On Saturday, the Judges confer among
themselves and register their opinions. On Monday, judgments are delivered
in public. Special sessions may be called by the Chief Justice when the Court
is adjourned, but the occasion must be of unusual importance and urgency.
 Quorum for the meetings of the Supreme Court: A quorum of six judges
constitute a sitting of the SupremeCourt but almost all the judges sit together
and reach a decision bymajority. The Chief Justice is just like other judges and
has only onevote. However, if he or she is a man of ability, talent and
experience,he or she can exert additional influence.

12.4 JURISDICTION OF THE SUPREME COURT

The Constitution of United States has also given certain powers to the Supreme
Court. The Supreme Court is vested with original and appellate jurisdiction.

Original Jurisdiction: The Supreme Court has original jurisdiction in several types
of cases.

(i) Cases affecting diplomats including ambassadors, public ministers and

consuls accredited to the United States.

(ii) Cases in which the United States or a State is a party

(iii) Conflicts between citizens of different states.

These cases in reality are very few in number and a few cases come to the Supreme
Court under its original jurisdiction.

Appellate Jurisdiction: The great majority of the work that comes before the
Supreme Court is in the form of appeals that come to it against the decisions of either
the lower federal courts or highest courts in the States. As an Appellate Court, the
Supreme Court receives cases directly from the State Courts, Federal District Courts.
In some cases it can review the decisions of the Courts of Claims and the Courts of
Customs and Patent Appeals (these are the lower courts of appeal of the judicial
hierarchy of America). In all cases which the Supreme Court hears and decides, no
appeal can be made anywhere else. The judgements of the Supreme Court are final
and no appeal lies against them.

42
No Advisory Jurisdiction: It is important to mention here that the Supreme Court of
America does not perform any advisory function.It has refused to advise the
executive as well as pass judgement upon political questions. It acts only when a law
has been violated and the matter is raised in a specific suit.

The above mentioned powers of the Supreme Court clearly reflect that it is an
institution of great importance in the American Federal System. In fact, Prof. Laski
has mentioned that it is one of the most successful institutions of the American
Federal System.

12.5 JUDICIAL REVIEW OF THE SUPREME COURT

The US Constitution is the supreme law of the land. The SupremeCourt has the power
to interpret it and preserve its supremacy by preventingits violations by the Congress
and the President. This provision has been the basis of the judicial review power of
the Supreme Court. It has come to be recognized as the most distinctive attribute and
function of the Supreme Court.

Meaning of Judicial Review: Judicial Review is the power of the Supreme Court to
review the laws passed by the Federal and Statelegislatures and the acts of Federal
and State executives. This review is done for determining whether or not they are in
accordance with the letter and spirit of the Constitution of the United States. In case
any law or any of its part is regarded by the Court as unconstitutional, it gets rejected
as null and void for all future times. This power is used by the Court only when the
issue of constitutional validity arises during the course of litigation or when a
measure is specifically challenged before the Court. The Court cannot exercise it
automatically of its own.

As such, it can be said that Judicial Review is the power of the Supreme Court to
determine the constitutional validity of federal and state laws whenever these are
challenged before it in the process of litigation.

Constitutional Basis of Judicial Review: In the Constitution of the United States of

America there is no direct mention of the power of judicial review of the Supreme
Court. Some writers argue that the Constitution does not confer this power on the
Court. President Jefferson regarded the power of judicial review as a violation of the
doctrine of separation of powers and limited government. On the other hand, some
constitutional experts say that the power of judicial review is inherent in the very
nature of the Constitution. In support oftheir argument they cite the authority of
Article III and Article IV of the Constitution. Article III says: “The judicial power
shall extend to all cases, in law and equity, arising under this Constitution, the laws of
the United States and treaties made, or which shall be made under this authority.”
Similarly, Article IV lays down: “This Constitution and the laws of the United States
which shall be made in pursuance thereof; and all treaties made, under the authority

43
of the United States shall be the supreme law of the land.” These two provisions are
regarded as the basis of the power of judicial review of the Supreme Court.

The Supreme Court, in performing its functions under the power of judicial review
also acts as a guardian of civil rights and liberties of the people. Thus it can be
concluded that this power of judicial review of the Supreme Court has made a
significant contribution towards the growth of the American Constitution.

12.6 SUMMARY

The Supreme Court stands at the apex of the American judicial pyramid. The
Judiciary Act was enacted in 1789 and since then, the American Judicial system has
well evolved into a well-organised, powerful and independent system. The
Constitution has not fixed the number of judges. At first, it consisted of a Chief
Justice and five associate judges. The number has been changing from time to time,
but at present the Supreme Court comprises a Chief Justice and eight associate
judges. The judges are appointed by the President with the consent of the Senate. The
Constitution sets no term of office for judges. They hold office during good behaviour
and are removable by impeachment only. Ajudge may retire, if he or she wishes,
when he or she reaches the age of seventy or at any time thereafter. The judges can be
removed only by impeachment. The power of impeachment is in the hands of the
Congress. The House of Representatives frames charges, the Senate investigates and
gives the verdict.The Supreme Court stands at the apex of the American judicial
pyramid. The Judiciary Act was enacted in 1789 and since then, the American
Judicial system has well evolved into a well-organised, powerful and independent
system. The Constitution has not fixed the number of judges. At first, it consisted of a
Chief Justice and five associate judges. The number has been changing from time to
time, but at present the Supreme Court comprises a Chief Justice and eight associate
judges. The judges are appointed by the President with the consent of the Senate. The
Constitution sets no term of office for judges. They hold office during good behaviour
and are removable by impeachment only. A judge may retire, if he or she wishes,
when he or she reaches the age of seventy or at any time thereafter. The judges can be
removed only by impeachment. The power of impeachment is in the hands of the
Congress. The House of Representatives frames charges, the Senate investigates and
gives the verdict.

12.7 EXERCISE

1. Discuss the organization and jurisdiction of the American Supreme Court.

2. What is Judicial Review? Explain its working in the USA.
3. Discuss in brief about the sessions of the Supreme Court of America.
4. Write a brief note on the removal procedure of the judges of the American
Supreme Court.
5. How are judges of the American Supreme Court appointed?

44
 6. Briefly mention the constitutional basis of Judicial Review in America.

12.8 REFERENCE

Bhagwan, Vishnoo. &Bhushan, Vidya. (2007). World Constitutions. New Delhi: S.

Chand and Company.

Ghai, K.K. (2006). Major Governments. New Delhi :KalyaniPublishers.

Chakravarty, Sivnath&Chakravarty, Anup. (ed.) (2000-01). An Introduction to

Politics (19th edition). Calcutta: Modern Book Agency Pvt. Ltd.

Sachdeva and Gupta. (1984). A Simple Study of World Constitutions. Ajanta

Prakashan.

P. Burnell, et. al, „Politics in the Developing World‟. New Delhi: Oxford University
Press,

J. McCormick, (2007) „Comparative Politics in Transition‟, UK, Wadsworth.

L. Barrington et. al (2010) „Comparative Politics - Structures and Choices‟, Boston,

Wadsworth,

M. Kesselman, J. Krieger and William (2010), „Introduction to Comparative Politics:

Political Challenges and Changing Agendas‟, UK, Wadsworth.

J. Kopstein and M. Lichbach. (eds.) „Comparative Politics: Interest, Identities and

Institutions in a Changing Global Order‟. Cambridge: Cambridge University Press

45
UNIT-13 CHINA PEOPLE CONGRESS AND
NATIONAL ASSEMBLY
Structure
13.1 Objective
13.2 Introduction
13.3 Legislature: National People‟s Congress
13.3.1 Election and Composition of the National People‟s Congress
13.3.2 Powers and Functions of the National People‟s Congress
13.4 Standing Committee of the National People‟s Congress
13.5 National Assembly
13.6 Function of National Assembly
13.7 Summary
13.8 Exercise
13.9 Reference

13.1 OBJECTIVE
After going through this unit, you will be able to

 Explain the composition, tenure, sessions, election of the National People‟s

Congress
 Discuss the powers and functions of the National People‟s Congress.
 Discuss the powers and functions of the Standing Committee.

13.2 INTRODUCTION

This unit introduces you to the National People‟s Congress. In the earlier unit, you
have learnt that the 1982 Constitution of China provides a unitary state system in
China. In this unit we shall learn about the structure and functions of the legislative
organ of the government of the People‟s Republic of China. The National People‟s
Congress which is the only chamber of the Chinese unicameral legislature, exercises
sole legislative power and the State Council (executive) is responsible andaccountable
to the National People‟s Congress or to the Standing Committee, when the National
People‟s Congress is not in session. The Standing Committee is the creation of the
National People‟s Congress and it is a permanent working body with constitutional
status. In this unit we shall discuss election procedure, composition, powers and
functions of the National People‟s Congress.

46
13.3 LEGISLATURE: NATIONAL PEOPLE’S CONGRESS

The structure of government of the People‟s Republic of China consists of the

National People‟s Congress, the Standing Committee, the President and the Vice-
President, the State Council and the Premier. Since the Chinese Constitution
provides a unicameral legislature, the National People‟s Congress is the highest organ
of state power (Art.20). Article 22 of the Constitution describes it as “the only
legislative body in the country.” It is the largest legislative body in the country.” It is
the largest legislature in the world.

13.3.1 Election and Composition of the National People’s Congress

Composition: The Constitution is silent about the composition of the Congress and
the mode of election of its members who are known as deputies. In March 1998, its
membership consisted of 2979 deputies. After the last elections held in March 2008,
there are presently 2987 deputies. It has nearly 3000 members known as deputies.
The strength and the mode of election is to be prescribed by law.

Tenure: It is elected for a period of five years. Elections are orgainsed and
conducted by the Standing Committee. Elections to the new National People‟s
Congress must be completed two months before the expiry of the tenure of the old
National People‟s Congress. Under exceptional circumstances, the Standing
Committee by a two-thirdmajority can put off the elections. In such a case, the old
National People‟s Congress is to continue. Thus its tenure is extended. The new
National People‟s Congress is to be elected within one year after the end of the
exceptional circumstances.

Sessions: At least one session of the National People‟s Congress is to be convened in

a year by the Standing Committee. It may convene more sessions either on its own
initiative or on the proposal of more than one-fifth of the total membership of the
National People‟s Congress.

Election: The Chinese Constitution has prescribed the manner of election of the
deputies of the National People‟s Congress. The deputies are elected by the
provinces, autonomous regions, municipalities directly under the Central Government
and the armed forces of China. All citizens of China of 18 years of age or above have
the right to cast vote and stand for election regardless of nationality, race, sex,
occupation, family background, religious belief, property status, education, religious
belief or length of residence. All the minoritynationalities are entitled to seek
representation. Elections are orgainsed and conducted by the Standing Committee.
.Elections to the new National People‟s Congress must be completed two months
before the expiry of the tenure of the old National People‟s Congress. Under
exceptional circumstances, the Standing Committee by a two-third majority can put
off the elections. In such a case, the old National People‟s Congress is to continue.

47
Thus its tenure is extended. The new National People‟s Congress is to be elected
within one year after the end of the exceptional circumstances.

13.3.2 Powers and Functions of the National People’s Congress

Legislative Powers: The National People‟s Congress is the sole law-making body of
the country. All laws concerning criminal offences, civil affairs and the State organs
are enacted and amended by the National People‟s Congress. Any bill to become an
Act must be passed by a simple majority of the National People‟s Congress. No
authority can question the validity of a law made by the National People‟s Congresss.
The National People‟s Congress can amend the Constitution but only by two-third
majority votes of all the deputies.

Financial Powers: It has budgetary power by which it can decide on national

economic plans. It examines and approves the state budget and the financial report.

Power of Appointment: The National People‟s Congress elects the President, the
Vice-President of the People‟s Republic of China, the Premier of China and on the
recommendation of the Premier, other members of the State Council, the members of
the State Council, the members of the Standing Committee, the Auditor General and
Secretary General of the State Council and the Chairman of theCentral Military
Commission. The National People‟s Congress elects the President of the Supreme
People‟s Court and the Procurator General of the Supreme People‟s Procuratorate. All
officials who are elected by the National People‟s Congress can be removed by it.

Foreign Policy and Domestic matters: The National People‟s Congress has some
other power also. It can take decision on controversial matters like war, peace, armed
rebellion and in internal disturbances. But when the congress is not in session then the
Standing Committee can exercise these powers.

Administrative Powers: Besides the National People‟s Congress has administrative

power. It is the highest organ of the state power. The State Council and members of
Standing Committee are responsible to the National People‟s Congress. The Standing
Committee is constitutionally bound to submit a report of all its actions and activities
to the National People‟s Congress.The National People‟s Congress approves the
establishment of provinces, autonomous regions and municipalities directly under the
central government and decides on the establishment of special administrative regions
and the systems to be instituted there. It supervises the enforcement of the
constitution so that every organ of State authority upholds the dignity of the
Constitution. These are the powers and functions of the National People‟s Congress.

13.4 STANDING COMMITTEE OF THE NATIONAL PEOPLE’S

CONGRESS

One of the distinctive institutions of the Chinese political system is the Standing
Committee which is the permanent working body of the National People‟s Congress.
48
It is responsible for all its acts to the National People‟s Congress and reports to it.
Since the National People‟s Congress is a numerous body and meets only once in a
year for short time therefore, to carry on its functions, the Constitution has provided
for a Standing Committee with constitutional status. The Standing Committee is
composed of the Chairperson, the Vice-Chairman, the Secretary General and other
members. They are elected by the National People‟s Congress at its first session. The
Chairperson presides over the meetings of the Standing Committee. It usually meets
twice in a month. The term of office of the Standing Committee is five years, but the
National People‟s Congress has the power to recall them from office. The new
Constitution of 1982 has limited the tenure of important state functionaries for two
consecutive terms and accordingly the Chairperson and the Vice-Chairperson of the
Standing Committee cannot serve formore than two consecutive terms. The Standing
Committee exercises its functions and powers until a new Standing Committee is
elected by the succeeding National People‟s Congress.

Powers and functions of the Standing Committee: The Standing Committee has
wide and exhaustive powers and functions including legislative, electoral, executive
and judicial functions. Such functions are:

 To conduct the election of deputies to the National People‟s Congress;

 To convene the session of the National People‟s Congress;
 To adopt decrees;
 To interpret the laws, Constitution;
 To supervise the work of the State Council , the Supreme People‟s Court and
the Supreme People‟s Procuratorate;
 To annul decisions and orders of the State Council in case they contravene
the Constitution, laws or decrees;
 To appoint or remove Vice-President, judges of the Supreme People‟s Court;
 To appoint or remove the Deputy-Chief Procurators etc. ;
 To enact or amend on residuary matters which are not mentioned in Art- 62(3)
of the Constitution;
 To propose amendments to the Constitution;
 To enacts partial supplements and amendments to statues enacted by the
National People‟s Congress, when the Congress is not in session;
 To examine and approve partial adjustments to the plan for national economic
and social development and to the state budget when the congress is not in
session;
 To annul local regulations or decisions of organs of State power of provinces,
autonomous regions and municipalities if such regulations or decisions
contravene the constitutional statutes or administrative rules and regulations
of the State Council;
 To institute system of titles and ranks for military and diplomatic personnel
 To institute State medals and titles of honour;

49
  To decide the appointment and recall of envoys accredited to foreign state;
 To decide on the ratification and abrogation of treaties and important
agreements concluded with foreign states.
 To decide on the proclamation of war and peace when National People‟s
Congress is not in session;
 To decide on granting of pardons;
 To supervise the work of the Central Military Commission. An analysis of the
powers and functions of the Standing Committee reveals that it is a body
performing wide-ranging functions when the National People‟s Congress is
not in session. The Standing Committee occupies a pivotal role in Chinese
constitutional system.

13.5 NATIONAL ASSEMBLY

The National Assembly was founded in 1913, following the overthrow of the
previous Qing dynasty, as the first free democratic legislature in Chinese history. It
was disbanded less than a year later as President Yuan Shikai assumed dictatorial
power and declared himself the Emperor of China. During the Warlord Era, the
National Assembly was resurrected and disbanded more than once as different
warlords vied for power and legitimacy.
The last continuous National Assembly was established under the framework of the
1947 Constitution of the Republic of China as a constitutional
convention and electoral college to elect the President and Vice President. The first
National Assembly was elected in November 1947 and met in Nanking in March
1948. However, in the next year, the Kuomintang-led government of the Republic of
China lost mainland China in the Chinese Civil War and retreated to Taiwan. The
National Assembly resumed its meeting in Taipei in 1954. In the 1990s, its
parliamentary powers were gradually transferred to the Legislative Yuan and direct
democracy excised by the Taiwanese people before constitutional amendments made
it a dormant body in 2000 and fully defunct in 2005.
1947 Constitution
In 1946, the Constituent Assembly promulgated a new constitution and the first
National Assembly met in 1948 in Nanjing, the Chinese capital. Shortly afterwards in
1949, the Mainland fell to the Communists in the Chinese Civil War, and the National
Assembly (along with the entire ROC government) was transplanted to Taipei. Apart
from the KMT, the only legal parties were the Democratic Socialist Party and
the Youth Party.
Under the constitution, the main duty of the National Assembly was to elect the
President and Vice President for terms of six years. It also had the right to recall the
President and Vice President if they failed to fulfill their political responsibilities.
According to "National Assembly Duties Act," the National Assembly could amend
the constitution with a two-thirds majority, with at least three-quarters membership
50
present. It could also change territorial boundaries. After the KMT moved to Taiwan,
the Assembly's right to legislate was put into moratorium until at least half of all
counties in the nation were again able to elect representatives via their County
Representatives' Assemblies. The responsibilities of the deputies of the Assembly, as
well as of the Assembly as a whole, were derived from the directions of Dr. Sun Yat-
sen.
The first National Assembly was to have been elected for a period of only six years.
However, according to the Kuomintang (KMT) leadership, the fall of the Mainland
made it impossible to hold new elections there, as all Mainland provinces were
undergoing "Communist rebellion". As a result, the Judicial Yuan decided that the
original members of the National Assembly of Communist controlled constituencies
must continue to hold office until elections could be held. National Assembly
elections were still held to replace delegates of territories under ROC control.
Constitutional reforms in the 1990s
As a result of this decision, the same National Assembly, elected in 1947, remained
for 43 years until 1991, when as part of a constitutional ruling a Second National
Assembly was elected. There was strong objection to the Assembly, which was
decisively called the "ten-thousand-year Congress" by critics.
Shortly after passing constitutional reforms in 1991, the National Assembly held
direct elections in December. Following a 1994 constitutional amendment, the
Assembly essentially became a permanent constituent assembly, as the Assembly's
other major role, to elect the President and Vice President of the Republic of China,
was abolished. Direct elections for the president, vice president, and Assembly were
held simultaneously in March 1996. Most of its other former functions, such as
hearing the president's State of the Nation Address and approving the president's
nominations of the grand justices and the heads of
the Examination and Control Yuans, are now the functions of the Legislative Yuan.
In 1999, the Assembly passed constitutional amendments to extend terms of the
Assembly and Legislative Yuan, which were strongly criticized by the public.
The People First Party was founded shortly after the 2000 presidential election. The
two larger parties, the Kuomintang and Democratic Progressive Party, wished to bar
the People First Party (PFP) from the National Assembly. As a result, the 2000
National Assembly elections were cancelled, and delegates were to be selected ad
hoc on the basis of proportional representation via special election within six months
of the Legislative Yuan proposing constitutional amendments, calling for the
impeachment of the president or vice president, or declaring a vote on changes to
national borders. However, no such situation arose from 2000 to 2004, and the
National Assembly never met during this period.
Suspension
On 23 August 2004, the Legislative Yuan proposed a series of amendments that
included suspending the National Assembly. The purpose of this proposal is to
51
transfer power to ratify constitutional amendments and territorial amendments from
the National Assembly to the People. Under the amendments, further proposed
amendments are to be approved by three-fourths of the present members in the
Legislative Yuan, with at least three-fourths of all members present. It would then be
promulgated for a period of 180 days and then submitted to a referendum, in which a
simple majority of all eligible voters shall be sufficient to ratify the amendments.
A Democratic Progressive Party (DPP) proposal authorizing citizens‟ initiative rights
to propose constitutional amendments was withdrawn after it became clear that such a
proposal would not pass the Legislative Yuan. Opponents of such constitutional
reforms argued that by eliminating the 3/4 legislative vote requirement, a relatively
small number of voters could force a referendum on Taiwan independence which
would trigger a crisis with the People's Republic of China. By contrast, keeping the
3/4 legislative vote requirement would mean that any constitutional amendment
would require a consensus among both the pan-green coalition and pan-blue
coalition to be considered. The requirement that a majority of all voters approve the
amendment allows for a party to block an amendment by boycotting the vote as was
done with the referendums voted on the March 2004 ROC Presidential elections.
Under the Constitution at the time, the National Assembly must then be elected to
consider these amendments. Such consideration and eventual ratification of the
constitutional amendments was originally considered to be a formality, but a number
of unexpected complications occurred in 2005. The first was the poor showing of
the People First Party (PFP) in the 2004 Legislative Yuan election. The PFP was
widely expected to merge with the KMT, but PFP Chairman James Soong became
disenchanted by the idea. The second was the reluctance of the Taiwan Solidarity
Union to pass the amendments. These amendments were seen by some Taiwan
independence supporters as a prelude to a later declaration of independence, but the
results of the 2004 election made this very unlikely. Faced with this outcome, the
TSU became very reluctant to support a reform that would make elections by small
parties, such as itself harder.
One final unexpected outcome occurred which gave the National Assembly elections
on 14 May 2005 more significance than had been intended. The National Assembly
election was lined up immediately after trips to mainland China by KMT
Chairman Lien Chan and PFP Chairman James Soong. This had the effect of turning
the May 14 elections into an opinion poll on relations with mainland China which
was undesired by the Democratic Progressive Party, though the DPP subsequently
gained a plurality in the election

13.6 SUMMARY

The 1982 Constitution of China provides a unitary state system in china. The National
People‟s Congress which is the only chamber of the Chinese unicameral legislature,
exercises sole legislative power and the State Council (executive) is responsible and
accountable to the National People‟s Congress or to the Standing Committee, when

52
the National People‟s Congress is not in session. The Constitution is silent about the
composition of the Congress and the mode of election of its members who are known
as deputies. It has nearly 3000 members known as deputies. The strength and the
mode of election is to be prescribed by law. the deputies are elected by the provinces,
autonomous regions, municipalities directly under the Central Government and the
armed forces of China. All citizens of China of 18 years of age or above have the
right to cast vote and stand for election regardless. The National People‟s Congress is
elected for a period of five years. Elections are organised and conducted by the
Standing Committee. At least one session of the National People‟s Congress is to be
convened in a year by the Standing Committee. The National People‟s Congress is
the sole law-making body of the country. Along with legislative power, the National
People‟s Congress also has financial power, administrative power, power of
appointment, certain powers in foreign policy and domestic matters. The Standing
Committee is the creation of the National People‟s Congress and it is a permanent
working body with constitutional status. The Standing Committee is composed of the
Chairperson, the Vice-Chairperson, the Secretary General and other members. They
are elected by the National People‟s Congress at its first session. It usually meets
twice in a month.The term of office of the Standing Committee is five years, but the
National People‟s Congress has the power to recall them from office. The Standing
Committee has wide and exhaustive powers and functions including legislative,
electoral, executive and judicial functions.

13.7 Exercise

1. Describe the powers and functions of the National People‟s Congress.

2. Discuss the powers and functions of the Standing Committee.
3. The National People‟s Congress is the highest organ of state authority”.
Discuss.
4. Write a note on the election procedure of the deputies of theNational People‟s
Congress.
5. Write a brief note on the composition and tenure of the National People‟s
Congress.
6. What are the qualifications to become a deputy of the National People‟s
Congress?

53
13.8 REFERENCE

Bhagwan, Vishnoo and Vidya, Bhushan. (2007). World Constitutions. New Delhi:
Sterling Publishers Private Limited.

Ghai, K.K. (2006). Major Governments. New Delhi: Kalyani Publishers.

Gupta, B.B. Comparative Study of Six Living Constitutions.

Kapur, Anup Chand and Misra, K.K. (2006). Select Constitutions. New Delhi: S.
Chand and Company.

Sachdeva and Gupta. A Simple Study of World Constitutions. Ajanta Prakashan

P. Burnell, et. al, „Politics in the Developing World‟. New Delhi: Oxford University
Press,

J. McCormick, (2007) „Comparative Politics in Transition‟, UK, Wadsworth.

L. Barrington et. al (2010) „Comparative Politics - Structures and Choices‟, Boston,

Wadsworth,

M. Kesselman, J. Krieger and William (2010), „Introduction to Comparative Politics:

Political Challenges and Changing Agendas‟, UK, Wadsworth.

J. Kopstein and M. Lichbach. (eds.) „Comparative Politics: Interest, Identities and

Institutions in a Changing Global Order‟. Cambridge: Cambridge University Press

54
UNIT-14 ROLE OF COMMUNIST PARTY OF CHINA
Structure
14.1 Objective
14.2 Introduction
14.3 The Chinese Party System: One Party System
14.4 The Communist Party of China
14.5 Role of the Communist Party of China
14.6 Summary
14.7 Exercise
14.8 Reference

14.1 OBJECTIVE

After going through this unit, you will be able to

 Explain the Chinese party system

 Discuss the history of the Communist Party of China
 Explain the membership of the Communist Party of China
 Describe the organization of the Communist Party of China
 Describe the principle of democratic centralism within the Communist Party
of China
 Examine the role of the Communist Party of China.

14.2 INTRODUCTION

This unit introduces you to the Chinese party system. The Chinese party system is
dominated by the Communist Party of China. It aims at making socio economic
reconstruction and to strengthen the socialistic base of China. Based on the principle
of democratic centralism, the Communist Party maintains a close link between the
government and the party itself. The party led the people in formulating the 1982
Constitution and is determined to lead the people in upholding the dignity of
theConstitution and enforcing it firmly. All important decisions relating to state
affairs are taken in the floor of the party and there after implemented by the govt.
Besides it supervises the entire apparatus of the state.

14.3 THE CHINESE PARTY SYSTEM: ONE PARTY SYSTEM

The political party system which China has adopted is multi-party cooperation and
political consultation under the leadership of the Communist Party of China. It is
different from the two-party system, multi-party system and the one-party system.
The multi-party cooperation system is a socialist political system evolved to suit
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Chinese conditions. Under the system, there are the Communist Party of China and
eight other political parties. The eight political parties function under the leadership
of the Communist Party. Accordingly, the People‟s Republic of China is marked by
the operation of a single dominant party, namely the Communist Party of China.
According to Article 1 of the Constitution of the Chinese Communist Party “
Membership of the party is open to any Chinese citizen who works and does not
exploit the labour of others, accepts the programme and constitution of the party,
joins and works in one of the party‟s organization, carries out party‟s decisions and
pays membership dues as required.” In the Chinese political system, the Communist
Party enjoys monopoly political power as the highest form of class-organization. The
role played by the Chinese Communist Party in socio-economic and cultural activities
is very discernible in the Chinese Constitution. All government officials and cadres
belong to the Communist Party. The Communist Party of China is based on the
principle of Marxism and Leninism and the organization of the party is based upon
the doctrine of democratic centralism.

14.4 THE COMMUNIST PARTY OF CHINA

History of the Communist Party:

The Communist Party of China was set up in 1921 in a meeting held at a private
school in Shanghai where thirteen anarchists, radicals and Marxists met in Shanghai
to discuss the prevailing social, economic and political situation of China.This
meeting was the first congress of the Chinese Communist Party. In this meeting
Chen-tu-hisu was selected as the first General Secretary of the Party. In this congress
all participants resolved to accept socialist agenda under the working class. The
Communist Party of China has grown now as the largest political party in the world
since its beginning in the 1920s. Now it has emerged as a mass organization which
aims at making socio- economic reconstruction of China. Till 1925, Chinese
Communist Party began to acquire limited mass following. In 1935 the party was on
the verge of collapse when Mao-Tse-tung emerged as the undisputed leader in China
and under his proper guidance the Chinese communist movement reached new
heights. On October 1, 1949, mainland China came fully under the control of the
Communists who proclaimed the establishment of the People‟s Republic of China- a
socialist state under the leadership of Mao-Tse-tung.

Membership:

The Communist Party is organized on the basis of a hierarchy of committees from top
to bottom. Membership is open to any Chinese citizen who has attained the age of 18
years and who works and does not exploit the labour of others and accepts the
programme and constitution of the party, joins and works in one of the party‟s
organizations, carries out the party‟s decisions and pays membership dues as
required. Every member is required to safeguard the solidarity of the party,
consolidate its unity to implement the policy and decisions of the party, to serve the
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masses whole heartedly against any enemy, and to be truthful and honest to the party.
The application for membership of the party must be endorsed by two regular
members who have the knowledge of the party ideology, character and personal
history of the applicant. If the applicant is found fit for membership of the party, he is
put for a probationary period and after the completion of the said period, he is
appointed as a full member of the party. He is provided elementary party education
and if any irregularities are found, disciplinary actionmay be taken against him by the
party .There are some organizations of the party like Communist Youth League,
Young Pioneers etc.

Communist Party and Democratic Centralism:

The Communist Party is the only constitutionally recognized political party of China.
The party is based on the principle of democratic centralism. Democratic centralism
is the hallmark of the party. It signifies centralism on the basis of democracy and
democracy under centralized guidance and accordingly all leading bodies of the party
at all levels are elected. For example, the National Party Congress elects the Central
Committee and local party congresses elect their respective local party committee.
Similarly, the Central Committee and local party committee are responsible to their
respective party congresses to which they report on their work. On the basis of
centralism principle, the lower party organizations are supposed to submit periodical
report on their work to party organizations above them. They must follow
instructions imposed upon them by higher party organizations. The decisions taken by
lower party organs is subject to revision on the will of higher party organs. According
to article-19 (6) of the party constitution, “party decision must be carried out
unconditionally. Individual party member shall obey the party organization, the
minority shall obey the majority, the lower party organs shall obey their higher party
organs and all constituent party organs throughout but the country shall obey the
National Party Congress and the central committee.” Under democratic centralism,
free discussions are allowed before decisions are made and decisions of the higher
bodies are absolutely binding upon the lower bodies in the party organization. Thus, it
is seen that in actual practice, democracy in the party has proved to be of secondary
importance as compared to centralism which predominates resulting in the complete
centralization of authority and policy-making.

Organization of the Party:

 National Party Congress: At the apex of the party‟s organizational hierarchy

is the National Party Congress. It is elected for a term of five years by local
party organs. Themembers of the National Party Congress are known as the
delegates. The number of delegates and the procedure governing their
election, replacement and filling of vacancy is determined by the central
committee. It is supposed to meet once in a year. The Central Committee can
convene a session of the congress even earlier in case of extra-ordinary
conditions. Another provision relating to special session of the congress
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 mentioned in Article-31 of the constitution states that a special session of the
congress can be convened by the Central Committee when demanded either
by one-third of the party organization at provincial level. The main function of
the National Party Congress is to determine the party‟s policy; to revise the
party constitution; to hear and examine the reports of the Central Committee
and other central organ and to elect the Central Committee. The National
Party Congress consists of more than one thousand delegates.
 Central Committee: The National Party Congress chooses a Central
Committee for a period of five years. Since September 1997, the Central
Committee is composed of one hundred and ninety-three full and one hundred
and fifty-one alternate members. According to Article –21 of the constitution
of the party, the Central Committee is the highest leading body of the party
organization when the National Party Congress is not in session. It meets
twice in a year. Its responsibility is to ratify the decisions of the Politburo and
its Standing Committee. It is more an organ concerned with the
implementation of policy rather than its formulation.
 Politburo: The Central Committee elects the Politburo. In September 1997,
the membership of the Politburo was fixed at twenty-one full members and
one alternate. The Politburo is the most effective and powerful party organ. It
is the key decision making organ of all major policies with the state.
ThePolitburo performs all the powers and functions of the Central Committee
when the Central Committee is not in session. The Politburo has a sort of
inner Cabinet called the Standing Committee. The Politburo and its Standing
Committee can convene meetings of the Central Committee. The Standing
Committee is at the centre of decision making process in the party. It may be
mentioned here that the Standing Committee, consisting of seven top leaders,
of the party is the real centre of power in China.
 Secretariat: The Secretariat is another party organ to deal with the daily work
of the Central Committee under the direction of the politburo and the Standing
Committee. In September 1997, its membership was fixed at seven. It is
responsible for the execution of party policies. Therefore, it functions on a
daily basis and works through a central organ. It coordinates the work of the
Politburo and its Standing Committee by referring their policy decisions to the
relevant functional departments and committees under the Central Committee.
 Local Party Organisation: The next level of party organization consists of
provinces, autonomous regions and large municipalities constituted within
their own geographical areas and they are directly under the Central
Government. Local Party congresses elect their respective committees. In the
municipal areas, municipal party organisations are constituted. Similarly, in
provincial areas Provincial Party Congress is constituted and it supervises and
guides the party congresses which work within the province or region. It
elects delegates to the National Party Congress. At the base are the cells. They
exist in farms, factories, schools, enterprises and army units. The number of
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 members in each cell is generally twenty. Each member of the party is
expected to belong to one of those cells.

14.5 ROLE OF THE COMMUNIST PARTY OF CHINA

The Communist Party of China holds a dominant position as the custodian of all
power. The Communist Party of China is the vanguard of the Chinese people and the
real power holder in the political system of China. Based on the principle of
democratic centralism, the Communist Party of China has become a nerve centre of
the Chinese people encompassing all sections of people. The Communist Party of
China originated in 1921 when a small group of people met in Shanghai to discuss the
socio-economic and political scenario of China. From 1921 and 1935 the Party had to
live with a weak structure and a limited role. The Party registered a spectacular rise,
particularly after 1935 when Mao-Tse-tung emerged as its leader. Mao revitalized
the organizational frame work of the Communist Party capture the support of Chinese
people particularly the peasants working in rural areas.

With active Soviet support and rapidly growing popularity in the rural areas, the
Communists under the leadership of Mao-Tse-tung, emerged as a strong and
disciplined guerilla force committed to overthrowing the Kuomintang regime through
a revolution. In 1946, a civil war broke out in China. Moa‟s Communists forced
Chiang and his followers to flee to the Chinese island of Formusa in 1947. On
October 1, 1949, mainland China came fully under the control of the Communists
who proclaimed the establishment of the People‟s Republic of China- a socialist state
under the leadership of Mao-Tse-tung. After 1949, the Communist Party of China
began to control all aspects of China. Though there was no mention of the party in the
Constitution of 1954 and the party existed outside the administrative machinery of the
State, yet as a teacher and leader of the people, it was at the forefront of implementing
and realizing the goal of socialism in the country having ousted the previous regime
and establishing the People‟s Republic of China.

The Communist Party continued to work as an extra-constitutional supreme decision

making and directing body. Because of such animpressive leadership role, the
Constitution of 1975 gave constitutional recognition to the party. The Constitution of
1975 declared “The Communist Party of China is the core of the leadership of the
whole Chinese people” and “the working class exercises leadership over the State
through the vanguard of the Communist Party of China”. During this period, even the
highest organ of state power- the National People‟s Congress -was placed under the
leadership of the party and all key dignitaries of the state were nominated by the
Central Committee of the Communist Party. The Chinese Armed Forces –the
People‟s Liberation Army (PLA) was placed under the control of the Communist
Party. In 1978, China adopted a new constitution. The 1978 Constitution once again
recognized the key-role performed by the Communist Party and called upon the
people of China to support it whole heartedly.

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The Preamble to the Constitution recounted the heroic struggle of the Chinese people,
led by the Communist Party of China. During this period also, the state authority was
exercised in accordance with the decisions and recommendations made by the Central
Committee of the Communist Party. After Mao-Tse-tung‟s death, a review of the
working of the Communist Party was undertaken. Accordingly, the 1982
Constitution, while accepting the importance and utility of the “thoughts of Mao”,
introduced several changes. The People‟s Republic of China is now a socialist State
under the people‟s democratic dictatorship led by the working class and based on the
alliance of workers and peasants(Article 1). Article 2 of the 1978 Constitution which
gave constitutional recognition to the Communist party was dropped altogether.
Further, the provision for the control of the party over the Armed forces was also
abolished. The Chinese Premier was now not to be nominated by the Central
Committee of the Communist Party. He was to be chosen by the National People‟s
Congress on the basis of the nomination made by the President of the Republic.
Moreover, the new Party Constitution stated that “All activities of the Party should be
in accordance with the Constitution and the law.” Thus, the Constitution of 1982
secured a separation between the Communist Party and the government. However,
the Communist Party isstill the leader of the people and the vanguard in the march
towards the national goals.

The Communist Party acts as the ruler in China. Members of the Politburo and the
Central Committee of the party hold key positions in the government. Even, the
highest ranking military officers are members of the party. Besides, the Communist
Party of China has established primary party organizations in all walks of life to
enforce discipline among its members. The primary party organization exits in
factories, mines, in offices, in schools and in various companies of the People‟s
Liberation Army to secure ideological and political supervision over all party
members. Similarly,the party maintains its control over the government and the army
through various mechanisms. The government is merely the mechanism through
which the party operates. The party issues specific instructions to the organs of the
state power regarding the nature and orientation of work. It implements its policy
through the organs of the state power and supervises the entire apparatus of the state.
All the important decisions are taken first at the highest level of the party and then
implemented by the government. The party is the central pillar of the political setup
of China.

The Communist Party can be termed as the architect and defender of the communist
revolution. This communist revolution was the hidden force beyond socio- economic
development of China. Because under the banner of communist revolution, Mao
adopted several socio economic reform policies including the agrarian reform to fulfil
its socialistic aspirations. Mao and his radical wing fought against the capitalists
through a nation-wide campaign and encouraged youths and workers to participate in
the Cultural Revolution. Cultural Revolution was a great revolution to destroy the
thousands of years old concept of private ownership and establish the socialistic
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concept of public ownership. Mao attempted to replace capitalist culture and ideas by
socialistic value and culture. Through the Cultural Revolution, he aimed at
consolidating and developing the socialist system. Because of the prominent role
played by the Communist Party and its undisputed leader Mao, China was able to get
a rightful place in the Security Council of the United Nations. The power struggle
within the Communist Party in the Post-Mao period has not materially changed nor
can it change its dominant position. The Communist Partycontinues to lead the
Chinese people in their march towards securing of their development objectives and
the unity, integrity and strength of the country. It governs both directly and indirectly.

14.6 SUMMARY

The Communist Party is the only constitutionally recognized political party of China.
The party is based on the principle of democratic centralism. Democratic centralism
is the hallmark of the party. The Communist Party of China was set up in 1921 in a
meetingheld at a private school in Shanghai where thirteen anarchists, radicals and
Marxists met in Shanghai to discuss the prevailing social, economic and political
situation of China. In this congress all participants resolved to accept socialist agenda
under the working class. Under proper leadership of Mao-Tse-tung on October 1,
1949, mainland China came fully under the control of the Communists who
proclaimed the establishment of the People‟s Republic of China socialist state. The
Communist Party of China has a much disciplined party organisation. The
Constitution of 1982 secured a separation between the Communist Party and the
government. However, the Communist Party is still the leader of the people and the
vanguard in the march towards the national goals. The Communist Party acts as the
ruler in China. The Communist Party continues to lead the Chinese people in their
march towards securing of their development objectives and the unity, integrity and
strength of the country.

14.7 EXERCISE

1. Discuss the main functions of the National Party Congress and the Politburo.
2. Discuss the leadership role played by the Communist Party in Chinese
national life.
3. Write a short note on the local party organizations of the Communist Party of
China.
4. Write a short note on the history of Chinese Communist Party.
5. How is the principle of democratic centralism applicable to the Communist
Party of China?

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14.8 REFERENCE

Bhagwan, Vishnoo and Vidya, Bhushan(2007). World Constitutions. New Delhi:

Sterling Publishers Private Limited.

Ghai,K.K. (2006). Major Governments. New Delhi: Kalyani Publishers.

Gupta, B.B. Comparative Study of Six Living Constitutions.

Kapur, Anup Chand and Misra, K.K. (2006). Select Constitutions. New Delhi: S.
Chand and Company .

Sachdeva and Gupta. A Simple Study of World Constitutions. Ajanta Prakashan

P. Burnell, et. al, „Politics in the Developing World‟. New Delhi: Oxford University
Press,

J. McCormick, (2007) „Comparative Politics in Transition‟, UK, Wadsworth.

L. Barrington et. al (2010) „Comparative Politics - Structures and Choices‟, Boston,

Wadsworth,

M. Kesselman, J. Krieger and William (2010), „Introduction to Comparative Politics:

Political Challenges and Changing Agendas‟, UK, Wadsworth.

J. Kopstein and M. Lichbach. (eds.) „Comparative Politics: Interest, Identities and

Institutions in a Changing Global Order‟. Cambridge: Cambridge University Press

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