MAINS CRASH

COURSE

POLITY: THEME 4
4 Comparison of the Indian
Constitutional Scheme with that
of Other Countries

Atish Mathur
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POLITY THEMES

S.NO. THEME

1 Indian Constitution—Historical Underpinnings, Evolution, Features,

Amendments, Significant Provisions and Basic Structure

2 Functions and Responsibilities of the Union and the States, Issues and Challenges
Pertaining to the Federal Structure, Devolution of Powers and Finances up to
Local Levels and Challenges Therein.
3 Separation of Powers between various organs Dispute Redressal Mechanisms and
Institutions.

4 Comparison of the Indian Constitutional Scheme with that of Other Countries.

5 Parliament and State Legislatures—Structure, Functioning, Conduct of Business,

Powers & Privileges and Issues Arising out of these.

6 Structure, Organization and Functioning of the Executive and the

Judiciary—Ministries and Departments of the Government

7 Salient Features of the Representation of People’s Act.

8 Appointment to various Constitutional Posts, Powers, Functions and

Responsibilities of various Constitutional Bodies.

9 Statutory, Regulatory and various Quasi-judicial Bodies.

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PREVIOUS YEARS’ QUESTIONS

Year Ques [marks/ no. of words] Context

2018 Indian and USA are two large democracies. Examine the basic India and US President
tenets on which the two political systems are based. [15/250] Election

2019 What can France learn from the Indian Constitution’s approach
to secularism? [10/150]

2020 The judicial systems in India and UK seem to be converging as

well as diverging in the recent times. Highlight the key points of
convergence and divergence between the two nations in terms
of their judicial practices. [10/150]

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FORMS OF GOVERNMENT

B R EA KI NG DOWN B A S IC S
 Democratic System of governance is broken down into two basic forms: Parliamentary and
Presidential forms.
 Systems with features of both forms also exist as hybrids.

WHAT IS PRESIDENTIAL FORM OF GOVERNMENT?

 Form of governance in which a head of government leads an executive branch that is
 separate from the legislative branch.
 The Head of State is also the designated Head of Government – and is called the President.

 Executive is constitutionally independent of Legislature.

 Presidentialism is the dominant form of governance in mainland Americas – 19 out of 22
sovereign states – and is also widespread in Central Asia, Central and Southern West Africa.
The only republics to follow this system
in Europe are Belarus and Cyprus.

 The United States of America is the

perfect example of Presidential
governance.

 Each of the three branches – judiciary,

executive and legislative – are
independent of the others, deriving
authority from the constitution.

FEATURES OF PRESIDENTIAL FORM OF GOVERNANCE

 Separation of Powers: Executive and Legislature are at par. Neither President nor Cabinet
members are part of/responsible to Legislature.
 System of Checks and Balances exists in the following forms –
 Executive in form of the President has Veto power over Legislative.
 Legislature is enabled with power to remove President by the process of
impeachment.
 Judiciary – Supreme Court – has the power to declare the Legislature’s laws,
and Presidents orders as unconstitutional.

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 Single Executive: Unlike Parliamentary form, here the President is the real Head of State as
well as Head of Government. There is no concept of a titular/nominal Head.
 Prominent Position: President occupies a pre-eminent position in the Government and has
subordinate members of Cabinet whose advice he may accept or reject.
 Fixed Term: Removal before completion of the President’s fixed term is possible only
through impeachment on the basis of constitutional violation.

MERITS & DEMERITS OF PRESIDENTIAL FORM

Merits Demerits

Separation of Powersensures each organ its Risk of being a despotic nature of

Individual liberty giving no single organ superior governance, as President is not answerable
powers. to the Legislature.

Presidential system is speedy and responsive in Since Cabinet secretaries are appointed
directly by the President, personal loyalty
emerging situations. and ties play an important role.

Prompt decisions can be taken because the

Expertise and merit might take a backseat in
President is not constrained by directions of the case of such appointments
Cabinet or Legislature.

Efficient administration without influence of Conflict between Executive and Legislature

political parties, as Presidency is not dependent on in case opposition dominates the latter. This
majority support from the legislature. can lead to hampering of public interest.

Impeachment is a complex and time-

consuming procedure which can be
resorted to only in
emergency situations.

WHAT IS PARLIAMENTARY FORM OF GOVERNMENT?

 The form wherein executive is selected from among the members of the legislature and is
responsible to the legislature is called Parliamentary government.

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 A.k.a. Cabinet form of Government as the real executive power lies with the Cabinet.
 Executive is held accountable by Legislature. Due to this feature, it is also called
“Responsible Government”.
 India’s current Parliamentary form of governance is an inheritance from its colonial past.
 Parliamentary governments can either be constitutional monarchies (United Kingdom
etc.) or
 parliamentary republics (Italy, Germany, Ireland etc.)

 Parliamentarianism is the most common form of governance in Europe, in the Caribbean etc.
and throughout the world, usually in former
colonies of the British Empire.

 Westminster model of Parliamentary

governance – a system incorporating three
arms of government - the executive, the
legislature and an independent judiciary – is
found in most former colonies including
India.

FEATURES OF PARLIAMENTARY FORM

 Houses of Parliament: Parliamentary governments can be either bicameral (two houses of

parliament) or unicameral; most parliamentary democracies follow bicameral legislature.

 Accountability of Executive: The executive – Prime Minister and ministers – emerge from
Legislature (Parliament) and are therefore always answerable to the Legislative.

 Dual Executive: There is a nominal, or a titular executive, the President (or monarch etc.) –
Head of State – and a real executive, the Prime Minister – Head of Government.
• The Prime Minster is the acknowledged head of the Parliamentary system.
 Oath of Secrecy: Whatever is discussed in the cabinet stays in the cabinet. Divulsion of
information can cost a Cabinet Minster his/her seat.
 The Parliamentary system is dealt with under Article 74 and Article 75 when it comes to
Centre.
 The State Parliamentary system is highlighted under the articles 163 and 164.
 In our Parliamentary system, the Prime Minister is the senior-most minister of cabinet of the
executive.
 Members of Cabinet are selected by the PM and may be dismissed by him.

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 Executive powers are exercised by Union Council of Minister while the Union Cabinet, a
smaller body, is the supreme body of executive powers: According to Article 75, Union
Cabinet members are the Prime Minister and ministers of the rank of cabinet minister.
 Chief differences from the British Parliamentary system which we emulated –
• Appointed Speaker formally resigns from previous party unlike India where party
membership continues and yet the Speaker must remain unbiased.
• Absence of a ‘shadow cabinet’ to monitor and criticize the majority government,
keep them in check.

MERITS & DEMERITS OF PARLIAMENTARY FORM

Merits Demerits

Less delay in passing laws etc, as Executive Unclear separation of powers – Legislators
forced to follow party whip especially in case of a
comes from Legislative. large majority in the House.

Circumvents authoritarianism by holding Unnecessary interference of Legislators in

Executive accountable; powers are not administrative matter causing inefficiency of
concentrated in one mind. both Executive and Legislative.

Diversity of parties – educative value – public Vote Bank Politics as a result of competition
builds opinions based on different party between various parties results in a Government
manifestos. that tends to be Election Centric.

Relying on majority party, experts in the field are

Easy availability of an alternate government not hired for inputs on executive duties.
Ministers may be underqualified, making them
shows the flexibility of this system. dependent on civil servants hence creating a
‘bureaucratic government’.

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COMPARATIVE ANALYSIS: PRESIDENTIAL & PARLIAMENTARY FORMS

FEATURES Parliamentary Presidential

Executive Dual Executive Single Executive

Relationship b/w Executive and Executive is accountable to Both are independent and
Legislative the Legislative as it comes Executive is not accountable.
from the latter.

Tenure Unfixed Fixed

Dissolution Prime Minister may President cannot dissolve the

Lower House.
dissolve the Lower House
before expiration of term.

CABINET

 By definition, a cabinet is a body of high-ranking State officials – like leaders of executive

branch.

 Functions of Cabinet may vary between decision making bodies with collective
responsibility and purely advisory bodies that are assistant to Head of State/Government.
 The term used for Cabinet differs across countries. The Cabinet is known by names such as
"Council of Ministers", "Government Council" or "Council of State", or by lesser-known
names such as "Federal Council" etc.

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ROLE OF CABINET

PARLIAMENTARY SYSTEM PRESIDENTIAL SYSTEM

Collectively decides the government's direction, Official role of Cabinet is that of official
usually in regard to legislations passed by the advisory council to the head of
parliament. Government – President receives advice and
opinions.

Monarch/Ceremonial Head of State virtually President can depart from Cabinet’s advice as
always acts on advice of Cabinet. seen fit by him.

On ground, the Cabinet reports to real Head of Cabinet works directly under and for the
Government – usually the Prime Minister – President who is both Head of Government and
rather than the titular Head of State. State.

The Cabinet in a parliamentary system must not Members of the Cabinet are chosen
only be confirmed, but enjoy the continuing directly by President, they may or
confidence of the Parliament. may not have to be confirmed by Legislation.

Cabinet influences Legislative policy to a large Members of Cabinet focus on and have
massive influence in their own Executive
extent.
departments.

In conclusion, a Cabinet is found in almost all forms of Government, the two major ones –
Presidential, Parliamentary – and other hybrid versions such as semi- Presidential system etc. The
members are responsible for daily management of the Government, response to emergency
situations and sudden events. They play an important role in any form of Governance and help to
keep things running smoothly.

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