PARLIAMENTARY FORM

Niraj Patel
9428891414
niraj.patel@darshan.ac.in
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 INTRODUCTION
 The constitution provides for a parliamentary form of
government both at centre and at state.
 Article 74 & 75 deals with parliamentary system at
centre and article 163 & 164 at states.
 Modern democratic governments are classified into
parliamentary and presidential on basis of nature of
relations between executive and legislative organs of
government.

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 What is the difference ?
PARLIAMENTARY FORM PRESIDENTIAL SYSTEM
• Executive responsible to • Executive is not responsible
legislatives for its policies for legislatives for its
and acts. policies and acts.
• Known as responsible • Known as non-responsible
government or CABINET government.
government as it is • Eg : USA, Russia, Brazil, Sri
accountable to the Lanka.
Parliament.
• Eg: India, Canada, Japan,
UK.

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 Features of Parliamentary Form of Government

 Nominal & Real Executives( the President & PM)

 Majority party rule
 Collective responsibility
 Political homogeneity
 Double membership
 Leadership of PM
 Dissolution of Lower house
 Secrecy

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 Benefits of Parliamentary System
 Harmony between legislative & executive organs
 Responsible government
 Prevents despotism
 Ready alternative government
 Wide representation

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 Limitations of Parliamentary System
 Unstable government
 No continuity of Policies
 Dictatorship of the cabinet
 Against separation of powers
 Government by amateurs

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 Introduction
 The president ?
 The union executive consists of The President, the Vice
President, the Prime minister, council of minister and the
attorney general of India.
 The President is the Head of Union of India.
 He is the first citizen of India.

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 Powers and function of the President
 Following powers are enjoyed by the President:
1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
5. Diplomatic powers
6. Military powers
7. Emergency powers

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 Executive powers
 All executive actions of government are formally taken in
his name.
 He can make rules for more convenient transactions of
business of Union government.
 He appoints AG of India.
 He appoints CAG of India, CEC of India, chairman of
UPSC, governors of states, chairman and members of
Finance commission.
 He can appoint an inter state council to promote the
inter state and centre state cooperation.
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 Contd.
 He can appoint a commission to investigate into the
conditions of SCs, STs and OBC.
 He can declare any area as Scheduled area and has
powers w.r.t. administration of such areas.
 He directly administers the UTs, through administrators
appointed by him.

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 Legislative powers
 He can summon the Parliament and dissolve the Lok
sabha. He can also summon joint sitting of Parliament
which is presided over by speaker of Lok Sabha.
 Ha can address the parliament after commencement of
first session after general elections and first session of
each year.
 He can send messages to parliament in regards with the
pending bill.
 He nominates 12 members of Rajya Sabha amongst
persons having extra ordinary knowledge of specific field.

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 Contd.
 He decides on disqualification of members of parliament, in
consultation with election commission.
 His prior recommendation/permission needed in introducing
certain types of bill. Eg. Bill involving expenditure from CFI,
bill for alteration of boundaries of states.
 when bill is sent to the President for his consideration he can:
1. Give his assent or
2. Withhold his assent or
3. Return the bill for reconsideration by the Parliament

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 Contd.
 He lays report of CAG, UPSC and Finance commission
before the Parliament.
 He can also make regulations for peace, progress and
good governance of UTs without legislation.

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 Financial powers
 Money bill can be introduced only on the prior
recommendation of the President.
 He causes to be laid before the Parliament the annual
financial statement.
 No demand for grant can made except on his
recommendation.
 He can made advances out of Contingency Fund to meet
any foreseen requirement.
 He constitutes finance commission.

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 Judicial powers
 Appoints CJI and chief justice of high courts.
 He can seek ant advice from supreme court on any
matters of law or fact.
 He can grant pardon(removal), remission(reducing),
reprieve(Hold on execution) or commute(substitution)
the sentence.

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 Diplomatic Powers
 The international treaties and agreements are
negotiated and concluded on behalf of the President.
 However, they are subjected to the approval of
Parliament.

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 Military Powers
 He is the supreme commander of the defence of India.
 In that capacity he appoints the Chiefs of Staff of all
three wings of defences.
 He can declare war or conclude peace with approval
from the Parliament.

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 Veto powers of the President
 Three types of veto are exercised by the President of
India.
1. Absolute veto
2. Suspensive veto
3. Pocket veto

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