All You Need To Know About Parliamentary System Of India
Introduction
A parliamentary system of government is one in which the majority of the legislature supports the executive branch of government. A parliamentary system similar to the British Westminster form governs India. "Parliamentary government" means that the Parliament possesses total authority. The cabinet system, responsible government, and prime minister Model are other names for the parliamentary system.
Parliamentary System Of Government:
• One example of democratic state governance is the parliamentary system.
• In this system, the political party that garnered the most votes and the majority of seats in the House or Parliament during the general election takes office as the ruling party.
• According to the Supreme Court, the Constitution is based on the British parliamentary system, where the administration is thought to be primarily responsible for formulating governmental policy and ensuring that it is passed into law by maintaining the Lok Sabha's trust.
• The central government's parliamentary system is outlined in Articles 74 and 75.
• The parliamentary system is provided for the states under Articles 163 and 164.
• The executives under this system sit in the legislature because they are lawmakers, unlike the Presidential system.
• As long as the lower house of the legislature supports them, executives can use their authority and continue serving in their positions.
Principal Elements of The Indian Parliamentary System:
Real and Nominal Executives
• Although the prime minister really serves as the executive officer, the president is the formal executive officer (de facto executive officer).
• As a result, the head of state is the president, and the head of government is the prime minister.
• In accordance with Article 74, the President may receive advice and assistance from the Council of Ministers, which is presided over by the Prime Minister. The suggestion made in this manner is enforceable against the President.
The Strong Ties that Exist between Executive and Legislative power
• The executive body in this country is made up of the prime minister and the Council of Ministers, whereas the legislative body is the parliament.
• Since the prime minister and ministers are chosen from among the parliamentarians, the legislative branch of government exercises the executive branch.
Collective Responsibility
• It is the fundamental tenet of parliamentary government.
• Together, the ministers are answerable to the entire legislature, particularly the People's Chamber (Article 75).
• They work as a team to both swim and sink.
Political Homogeneity
• Members of the Council of Ministers typically identify with the same political party and have the same political philosophy.
• The ministers in a coalition government are required to reach agreement.
Dual Membership
• Ministers are executives and members of the legislature.
• As a result, a person who is not a Member of Parliament cannot serve as a minister.
• According to the constitution, if a minister misses six consecutive months of serving as a Member of Parliament, they lose their position.
Leadership of the Prime Minister
• A key player in this form of administration is the prime minister. He is the head of the parliament, the head of the ruling party, and the head of the Council of Ministers.
• It is one of these component that is crucial to the functioning of the government.
Dissolution of Lok Sabha
• On the Prime Minister's recommendation, the President has the authority to dissolve the House of Commons (Lok Sabha).
• To put it another way, the Prime Minister may suggest to the President that the People's Chamber be dissolved and new elections be held before to the end of his mandate.
• As a result, the executive branch has the authority to convert the legislative branch into a parliamentary one.
Secrecy
• Ministers must abide by the rule of procedure confidentiality, which forbids them from disclosing details of their practices, policies, or judgments.
• Before coming into your office, they made a promise of secrecy. The president is in charge of administering the ministers' oath of secrecy.
Benefits of The Indian Parliamentary System:
• Improved collaboration between the executive branch and the legislative branch: It is simpler to pass laws and put them into effect because the administration is a part of the legislation and most legislatures generally support the government.
• Prevent authoritarianism: As the executive branch is subject to legislative oversight and is subject to motions of no confidence, authoritarianism is not possible. Power will not be centralized like it would be under a presidential administration.
• Ministers in the government who behave responsibly must answer to Parliament for their decisions: allotted time for inquiries, discussions, adjournment motions, and moves to remove confidence.
• In the event they lose the majority, so they be ready to oust the administration: The deputy prime minister, according to Jennings, is the opposing party's leader.
• Different groups are represented in this system through the parliament: which serves as the nation's representative body. Particularly crucial for nations like India.
• Flexibility: The PM can be simply altered as needed, making the system versatile.
Cons of The Indian Parliamentary System:
• The dictatorship of the Cabinet: The Prime Minister's Government is the name given to the parliamentary form of government. The entire cabinet operates under his command, which may result in the issue of cabinet dictatorship.
• Bureaucratic control: Public servants have a wide range of authority. They provide the minister with advice on a variety of issues but are not answerable to the legislature.
• Joint parliamentary committees and national advisory committees are examples of outside pressures that parliamentarian governments are susceptible to.
• Government policy doesn't alter frequently. Government policy adjustments are frequently made after then.
• No genuine decentralization exists because the legislative frequently lacks the ability to hold the executive branch responsible.
• Instability: If there isn't a bigger party after the elections, there will be instability because the government can only function if it can show that it has a majority in the House of Representatives.
• Unqualified legislators: The system produces legislators who are only interested in joining the executive branch. In essence, some of them could not be eligible to do legislative activity.
• Taking too long to decide: The Council of Ministers frequently hesitates to take risky and long-term political choices since they do not have a set mandate.
Why Did Our Constitution's Authors Choose To Use India's Parliamentary System?
The parliamentary model was correctly chosen by the constitution's drafters. The causes of it are found in both India's socio-political system and its political legacy from colonial times. The following are the causes of this:
• India had considerable experience with the parliamentary system prior to the constitution's drafting thanks to the Government of India Acts of 1919 and 1935. Indians were therefore aware of it.
• This event also demonstrated that the people's representatives are capable of effectively controlling the executives.
• The constitution's authors intended for the government to be answerable to and responsive to the needs of the people.
• Because the presidential system provides the president tremendous power and allows him to function independently of the legislature, its creators were hesitant to adopt it.
• The personality cult of the president is another weakness of the presidential system.
• The authors of the constitution aimed to avoid the possibility of a personality cult by creating a strong executive branch with robust checks and balances.
• There are various processes in the parliamentary system that increase the executive's accountability to and control over the representatives of the people.
• Thus, a parliamentary system was approved by the constitution for India.
Conclusion
Parliament is a key component of our democracy since it serves as the representative body that scrutinizes the actions of the administration. In order for Parliament to serve its constitutional mission, good operation is essential. A careful analysis of bills is also a crucial element of effective legislation. Legislation is passed without consulting legislative committees, undermining democracy.