CONVENTIONS

M.Arshian Karamat(Advocate High Court)

1. Introduction

o British Constitution is the product of evolution and has been continually in the
process of development.
o Conventions covered a lot of portion of British Constitution.
o Conventions are the customs, traditions, practices followed by the British
Society.
o The English Constitutional Law is not to be found in one document.

2. Definition of Conventions.

❖ The rules for determining the mode in which the discretionary powers
of the Crown ought to be exercised.
Prof. Dicey

❖ Unwritten maxims of the constitution

J.S.Mill

❖ Convention consists of understandings, habits or practises which

though only rules of political morality regulate a large portion of actual
day to day relations and activities of even the most important of the
public authorities.
Ogg and Zink

3. Significance of Conventions

➢ In fact, the workability of the English Constitution is based upon

conventions without which it would become unworkable.
➢ These conventions are regarded as holy as laws of the constitution
 ➢ Their importance lies in the fact that fundamental principles of the
English Constitution like the sovereignty of Parliament and
ministerial responsibility to the parliament upon which the
successful working of democracy depends are regulated by
conventions.
➢ They have not formed in one day or a particular moment of history.
They are the result of long historical growth and are rooted in the
practises and habits of the English people who have followed them
long time and recognised them as part of English law.
➢ Conventions, strictly speaking, are not laws.

4. Object of the Conventions

• To make the constitutional work in conformity with the prevalent and
changing ideas and needs
• To provide rules for cooperation and harmonious working of the different
parts of government
• To secure the administration of the country strictly in accordance with wishes
of people

5. Nature of Convention
• Flexible
• Unwritten

6. Classification of different Convention

• Concept of `Prerogative and Privilege`

a) Convention Related To Cabinet

1. Ministers must be the member of Parliament

 2. PM must be leader of Majority party in House of Commons
3. PM alone can request queen to dissolve House of Commons
4. PM must resign if he loses the confidence in House of Commons
5. Ministers collectively responsible to House of Commons
6. Queen must not veto/refused the bill passed by Parliament.
7. Queen acted as per the advice of Cabinet

b) Conventions related To Parliament

1) Parliament consist of two houses i.e., House of Commons and House of Lords
2) Money bill will be initiated in House of Commons
3) Parliament shall meet at least once in a year
4) Every bill must have three reading before finally voted upon.
5) A speech from the Govt benches in the Parliament is to be followed by a
speech from the opposition.
6) Speaker must resign from hi political party after his appointment.
7) Once a speaker is always a speaker
8) Govt will not initiate legislation of a controversial nature without specific
mandate from the electorate.
9) If a member of majority party is to be absent on any working day of
parliament when division of voting is to take place he inform the whip to finds
out from the opposition whether or not member from his party is to be sent.

c) Conventions related To Crown

a) King can do no wrong

b) Pardoning of convicted offenders
c) Reducing sentences;
d) The making of treaties with other countries or International persons
e) The declaration of war
f) The Declaration of peace or making of Peace
g) Power to restrain aliens from entering in UK
h) Power to issue of passports.

d) Some Miscellaneous Types Of Convention

7. Sanction Behind Conventions

There is no concept of sanction behind the conventions, no one can be held responsible or be punished
on the violation of convention. There are certain restrictions which force the parliamentarian / Organs
of State to follow the conventions.
• The fear of Impeachment
• Rule of Law
• Public Opinion
8. Recognition of Convention

• By Judicial Organs
• By Parliament

9. Distinction Between Conventions and Laws

➢ Distinction By Prof. Jennings,
`What is law and what is convention, are primarily technical
question. The answers are known only to those whose business is
to known them. For the mass of people it does not matter whether
a rule is recognised by the judicial authority or not. `
➢ Once the existence of conventions is recognised by law or by
judiciary, they don’t remain very different from laws.
➢ A written constitution is law not because somebody has made it,
but it has been accepted.

10.Conclusion