Parliamentary and Presidential Govt
Parliamentary and Presidential Govt
Parliamentary and Presidential Govt
countries of the world. These two systems are for good governance. System of Government in every country is functioning with either Presidential or Parliamentary form of Govt. Historically these two systems of Government are available in United States of America and United Kingdom. The countries, remained under colonial system, had adopted the system left by their masters except of some, for example USA adopted Presidential form of Government after getting Independence from UK. On the other hand New Zealand is following the system of Westminster model, which also remained colony of UK. Similarly, Nigeria also adopted the Presidential form of Government after getting independence from France. Like this, Pakistan and India had also adopted Parliamentary form of Government after getting independence from United Kingdom, which was there at that time. The framers of the U.S. Constitution adopted the principle first enunciated by the Baron de Montesquieu of separation of powers- 1 . They carefully spelled out the independence of the three branches of government: executive, legislative, and judicial. At the same time, however, they provided for a system in which some powers should be shared: Congress may pass laws, but the president can veto them; the president nominates certain public officials, but Congress must approve the appointments; and laws passed by Congress as well as executive actions are subject to judicial review. Thus the separation of powers is offset by what are sometimes called checks and balances.
In a parliamentary system, by contrast, the legislature holds supreme power. The prime minister is chosen by members of the legislature (Parliament) from among their own number and in practice is the leader of the majority party in the legislature. The cabinet members must also belong to the legislature, where they are subject to the same kind of questioning that the prime minister experiences. If the prime minister loses the support of the majority in the legislature on a significant vote, he or she must resign, and elections are called immediately. Thus, whereas in the United States, elections are held at fixed intervals, in Britain and other parliamentary countries, they may occur at any time, the only restriction being (in Britain) that they must be held at least once every five years.
Presidential Form of Government Presidential system of Government in USA is very successful since long because of its Constitution. Constitution of the USA well defines the limitations of the three Institutes (1) Executive (2) Legislature (3) Judicature. Her constitution precisely contains the doctrine of Separation of Power between these three pillars. The president is the supreme and key person in the presidential form of government. He is the real executive and the elected members are legislature. The president is constitutionally independent of the legislature. The president is not responsible to the legislature, as the prime minister is responsible to the legislature. The president is elected for a fixed term viz. 4years in U.S.A. The legislature too, is similarly elected for a fixed term. The
legislature cannot be dissolved by the executive before its term. Similarly, the president cannot be terminated by the legislature. Under no circumstances their terms can be extended. For example, during the two world wars, the elections were postponed in England but in U.S.A., the elections were not postponed they were conducted as usual. The president appoints his own cabinet but the members of the cabinet are not equivalent to those of Ministers of Parliamentary system. The president appoints the cabinet with his own choice, out of the members of Congress. The members of the Cabinet are not Ministers but they are only dignified assistants to the President. The President in Presidential form of Government is directly elected by the people of the Nation. In parliamentary system they are elected indirectly. In some countries like England, the King or Queen continues as nominal executive by the customs and conventions. There are three major branches
Legislative Branch - This branch consists of the Congress which is responsible for making the federal laws. Congress consists of two houses: the Senate and the House of Representatives.
Executive Branch - The Executive power lies with the President of the United States who is given the job of executing, enforcing, and administering the laws and government. The Bureaucracy is part of the Executive Branch.
Judicial Branch - The judicial power of the United States is vested in the Supreme Court and the federal courts. Their job is to interpret and apply US laws through cases brought before them. Another important power of the Supreme Court is that of Judicial Review whereby they can rule laws unconstitutional. -1
1. http://www.usa.gov/Agencies/federal.shtml
Parliamentary Form of Government A system of government having the real executive power vested in a cabinet composed of members of the legislature who are individually and collectively responsible to the legislature.-1 Parliamentary form of Government is very historical and successful in United Kingdom. Many countries had adopted this form of Government because of its success in UK. Most liberal democracies have adopted some form of parliamentary government. These are often based on the model of the UK parliament (Westminster Parliament.) Often portrayed as the mother of parliaments, the origins of the Westminster model can be traced back to the 13th Century, when knights were incorporated into the kings court. During the 14th Century, separate chambers, the Lords and the Commons, were built to represent the knights on the one hand, and the barons and churchmen on the other. Parliaments supremacy over the king was not established until the revolution of 1688, and its capacity to call government to account not recognized until the gradual emergence of a democratic franchise during the 19th Century. In early days every word spoken by the King or Queen was the law and no one had power to contradict it. But gradually, a concept of personal freedom became popular and House of Common tried to become more powerful. Hence the doctrine of Supremacy of Parliament developed. The development of the supremacy of Parliament stemmed from the English Civil War and expanded over since and is now a dominant theme in British politics. Majesty of King or Queen is now ceremonial. All the functions of Government are being controlled by the UK Parliament. This is too much independent Parliament in the world; therefore, there is a saying that Parliament of Britain can do everything except to change the sex of a person
In this system, members are chosen / elected directly by the people through plebiscite. These members represent their constituency at one floor. This system is also very popular in all the countries of the world. In every country, some are in favour of Presidential form of Government and some are in favour of Parliament form of Government. The members of the lower house are elected by the people directly. The members are the organs of the legislature. The party which gets the majority becomes the ruling party and forms the government. The leader of the ruling party is elected as the Prime Minister. The Prime Minister chooses his party members as his colleagues. These members are appointed by the President on the advice of Prime Minister. The Prime Minister is the Real executive. The Prime Minister is the key person in the cabinet. In Britan, the Ministers are called as Cabinet and in India, as Council of Ministers. In cabinet the number of Ministers shall be about 20 to 25. In a Council of Ministers, the number of Ministers may be 60 or more. The cabinet shall have regular meetings but the Council of Ministers do not meet so regularly.
In India The Nominal executive: The president of India. The real executive: The Prime minister
Term of Office The election is held after every five years. Each elected President and Prime minister holds his office for a term of 5 years. Powers and Functions of President The office of the President of the India is the highest office. He is the head of state as well as the chief executive of India. He represents the sovereignty of India. The Constitution gives to him all the executive powers of India. He is the supreme commander of India armed forces Army, Airforce and Navy.
Powers and functions of Prime minister In India, the real executive is the Council of Ministers with the Prime Minister as its head. He is the head of government and uses vast executive powers. He is the real maker of the Council of Ministers. He selects his term of ministers. He decides as to which department will be headed by which ministers. He can change the departments of the ministers at any time. He can get any minister removed by the President of India. When Prime Minister resigns, it means the resignation of the whole Council of Ministers. All decisions of the government are taken which the consent of the Prime minister. He plays most important role in making the policies of the government.-1
Comparative Study of Parliamentary and Presidential Forms of Government Comparison of these both systems are as under:(1) In the Parliamentary system the Prime Minister and Minister are totally dependent upon their respective Legislatures in the matter of selection of Ministers. On the other hand, they are expected to select men of vision, integrate, honest having professional knowledge and practical experience. They are also supposed to give adequate representation to the privilege as well as to the neglected sections of society. In case of the Centre, for instance, Prime Minister has to select her or his entire team from a small pool of 446 Members of Parliament, who, in turn are elected in most cases due to their popularity or on account of their loyalty to the party or on sectarianism or casteism or Nawabism.
The Prime Minister may be able to pick up such able and experienced ministers only if he or she is left free to make the selection from wherever deserving hands are available, and is not tied down to the small groups of Members of Parliament who consist largely of professional politicians and sycophants.Under the Presidential system, on the other hand, the President is not hampered by such considerations. He is not tied to or subordinate to the legislature. He is free to choose his cabinet of ministers from outside the members of the legislature. In this way, he can induct really competent, experienced and deserving people into the government. He can choose freely men of vision and integrate having professional knowledge and practical experience. (2) In the Parliamentary system for the reasons listed above, the ministers are not able to provide effective leadership. As they do not have the requisite expertise. They have to depend largely on the civil servants, their secretaries and undersecretaries. They become mere puppets in the hands of the officers, and thus democracy degenerates into bureaucracy. Some illiterate members/ministers are elected on the basis of casteism having no educational background; therefore, they do not have knowledge of the changes of the world. They depend on bureaucracy. The Presidential system suffers from no such disadvantages. The ministers have the necessary expertise, and so are not dominated by the civil servants. They know their business, and can see to it that their policies and programs are faithfully carried out. President can change his minister at anytime. He is not answerable to anybody.-1 3.As the ministers are chosen from party men in the Parliamentary form, the party is deprived of capable persons needed to keep the organization united, homogenous, strong and viable. As a result of this drain of talent from the party to government, the party organization grows weak, and indiscipline and infighting, are the result. 1. New Lexican Websters Enclyclopedic Dictionary deluxe edition.
The Presidential system is largely free from these drawbacks, as well as from rivalry and friction between the party bosses and the ministerial wing. The party and the government thus work in harmony. (4) The politics of defection is the worst fault of the Parliamentary form. Defections become the order of the day. This result in corruption, nepotism, casteism, regionalism, and often short lived coalition government are formed. Defection leads to multiplication of political parties, political instability comes in the way of constructive work. This generates the pressure groups, which always blackmail the ruling party as well as opposition party. Similarly, these groups also help the bureaucracy in its effort to derail the system. This evil is unheard of in the other system. In Presidential system of Government, one man almost all men because he possess the mandate to do which he thinks fit and go ahead. No one can assert pressure on him. (5) The legislators and M.P's are not free to vote according to their conscience in the Parliamentary system. They must obey the party-whip or face expulsion. The Presidential system is superior in this respect. Advantages of Presidential Form of Government Salient features of Presidential system of Government are as under:1. 2. 3. 4. 5. A strong and stable Government An able and mature ministry through direct induction of top professionals and technocrats Legislator's freedom from the fear or 'party whip' resulting separation of the Executive from the Legislature Gradual emergency of the two party-systems as a result of pre-election coalition of like-minded parties, before the very eyes of the electorate Bureaucracy remains under the mature surveillance of political leadership, and
6. 7. 8. 9.
Rampant defections and uneasy post-election coalitions tend to disappear. Clear separation of powers Stability Prompt decision and vigor in action.
Advantages of Parliamentary Form of Government Salient features of the Parliamentary form of Government are as under:1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Selection of Prime Minister on the will of majority of members of the Parliament. Chosen of members by the voting power of people. Decisions on issues on the basis of consensus of majority. Option of citizen to choose best one. Interest of the people in the affairs of the country. Consequently, development of public opinion. Manifesto of the parties for the general public to decide mandate. Criticism by the opposition. Equal representation of all constituencies either urban or rural. Legislation according to the will of the people by the members representing them in the parliament. Co-operation between the executive and legislative. Flexible and elastic.
Disadvantages of Presidential Form of Government No doubt that Presidential form of Government has many advantages and greater stability and sanity in the politics of a country. However, it has the following drawbacks:1. By making the President and his colleagues independent of the Legislature, it makes the executive too powerful and this carries within it seeds of Dictatorship.
2. 3. 4. 5. 6.
President considers himself always right because of absolute power, which causes danger to the integrity of country. President selects always his closest friends even not intelligent and remote to their expertise and experience. Sometimes President makes covenant against the country to save his regime. In Presidential System, reign of Government remains in few hands. Resultantly few minds apply on some important issues. There is no collective responsibility in Presidential system. The cabinet of president is responsible to the president only. It is not responsible to the legislature. They work under the guidance of president. Therefore, certain autocratic character can be seen in presidential system.
7.
The presidential system is rigid in character. There is no flexibility or elasticity. For example during the world wars, the elections were postponed in Britan, but elections were not postponed in U.S.A
8.
Disadvantages of Parliamentary Form of Government Drawbacks of the Parliamentary form of Government are as under:1. 2. 3. 4. 5. 6. 7. Delay in decisions. Ministers are selected by the Prime Minister on the basis of influence in the party. Newly elected members sometimes neglected even competent in their fields. Misuse of authority by the members of Parliamentary because of majority. Members of Parliament cannot go against the partys policy. Even they cannot vote according to their conscience. Nomination of illiterate members as ministers causing strongest bureaucracy. Influence of small factions on the political parties.
8.
Violence of the principle of separation of powers. The cabinet or the council of ministers.
Major differences
1. The major difference between these two systems is that in a Presidential
system, the executive leader, the President, is directly voted upon by the people, and the executive leader of the Parliamentary system, the Prime Minister, is elected from the legislative branch directly.
2. In the Presidential System, it is more difficult to enact legislation, especially
in the event that the President has different views than the legislative body. The President only responds to the people, the legislative branch can't really do anything to threaten the President. As a result, he can make it more difficult for the legislative body to do anything. In the Parliamentary system, if the Parliament doesn't like the Prime Minister, they can cast a vote of no confidence and replace him. This tends to make the executive leader subservient to the Parliament.
3. Presidential system separates the executive and legislative functions of the
government and provides what are commonly called checks and balances to limit the power of both the chief executive and the legislature. In a parliamentary system, the legislature holds the power, and the chief executive must answer to the legislature.
Conclusion Every nation should adopt that system which is most suitable to the citizen of that country instead following the system left by their master, because this tendency do not develop the system of government. China is the example, who adopted neither Presidential and Parliament system of Government nor communism. There is the system having combination of Presidential and Parliamentary as well as communist systems of Government. For example, there is Peoples Procuratorate, which is an independent elected body for five years having power to lodge protest with the Supreme Peoples Court against any decision/order passed by Supreme Court. As per my research there is no countries, which have such system of check and balance. USA is another example, who adopted different system of Government i.e Presidential form of Government instead parliamentary system of Government left by United Kingdom. Intellectuals of America showing their domination by change in the spells of English language. They also introduced the doctrine of separation of power. This doctrine was not following in UK in the recent past. Judicial authorities were being exercised by the House of Lords, who were also members of the Legislature. Resultantly, sometimes they were exercising their influence in any one institute. This problem has now been realized by Britain and established a new Supreme Court w.e.f. 1st October 2009 by promulgating the Constitutional Reforms Act 2005. All Judicial powers of House of Lords have been withdrawn and vested to the new Supreme Court. However, people love either Presidential or Parliamentary systems of Government. But according to my notion Parliament system of Government is the best than Presidential system of Government because this system contains option to select/chose the best one member who represents every Constituency of country either Urban or Rural. Legislation is being made keeping in view of the reservations of all constituency. Prime Minister leads the house with all members and tries to run the affairs of Government with consensus of majority. There is no
absolute power. All matters either domestic or international are decided with consensus of political parties. All members keep close contact with the citizens of their constituencies, which result fruitful public opinion.
Bibliography
1. Parliamentary Versus Presidential Government by Arend Lijphart 2. Merriam-Webster Dictionary 3. Blacks Dictionary 4. New Lexican Websters Enclyclopedic Dictionary deluxe edition.