Unit 3 - USA, UK

Administrative System
BLOCK - I of USA
ADMINISTRATIVE SYSTEM OF USA
NOTES
UNIT 1 ADMINISTRATIVE SYSTEM
OF USA
Structure
1.0 Introduction
1.1 Objectives
1.2 Constitution and Government
1.3 Congress
1.4 Answers to Check Your Progress Questions
1.5 Summary
1.6 Key Words
1.7 Self Assessment Questions and Exercises
1.8 Further Readings
1.0 INTRODUCTION
In this unit, you will learn about the main characteristics of the US Constitutional
system. Being a federal constitutional republic, the United States is a country in
which powers reserved for the national government are shared by the US President,
the Congress and the judiciary. The unit will delve into the various aspects of
legislature in the United States, which includes the speaker and the US Committee
system. The US has a bicameral legislature and the approval of both the chambers,
the Senate and the House of Representatives, is required for any law to be passed.
1.1 OBJECTIVES
After going through this unit, you will be able to:

x Discuss the main features of the US constitutional system
x Describe the legislative process of the US Congress
x Assess the responsibility, organization and position of the US Cabinet
x Explain the establishment of the US Congress and the Senate
Self-Instructional
Material 1
Administrative System of
USA 1.2 CONSTITUTION AND GOVERNMENT
The dilemma of recognizing the major determinants of political behaviour is complex

NOTES in the case of the US because of the vast diversity of American life. Constitutional
organization along with the prototypes of political action, frequently act and react
upon each other. Prior to learning about the features of American politics, it is
essential to return to the hypotheses that have been estimated to clarify the
motivational forces, which are behind political systems, as well as the insinuations
of these contradictory details for getting an understanding of the American system.
These ‘representations’ of political life assist in understanding the intricacy
of American politics at every stages of activity, in the electorate in general and in
the formation of party and pressure groups, along with the functioning of
congressional and presidential politics.
Model of Politics
The sense of affection to a region or community, has at all times, been one of the
most dominant sources of political loyalty and action. The US grew out of various
colonial communities, expanding progressively across the continent, in a way, which
has a propensity to lay emphasis on local loyalties. The constitutional make up of
federalism that was developed in 1787 provided prospects for the sustained
appearance of regional loyalties through the governments of the states. Therefore,
the history of the American political system has been powerfully exemplified by
sectional outlines of activities by the people of particular geo-states. The Civil
War certainly was one of the most vivid confrontations of this nature, wherein the
North and South became diverse warring nations.
However, sectionalism continues to be a moving force in American politics
all the way through its history. The unanimity of a segment was dependent on
some universal awareness and shared interests, which set it apart from the rest of
the country and which were of ample significance for the unification of its people,
despite class or any other internal division. Often this common interest was
economic, on which the entire occupation of the region depended. For example,
the significance of cotton and tobacco in the South or grain for the states of the
Mid-West. Therefore, all the way through the 19th century, agricultural sectionalism
had an immense effect on the American political behaviour. The extreme example
of sectional loyalty was provided by the presidential election of 1860, in which not
a single vote was cast in all the ten southern states for the candidate of the Republican
Party, Abraham Lincoln.
In the last quarter of the 20th century, such extremes of sectionalism no
longer existed, and indeed, the US developed a sense of national identity and
unity that was more unified than that of older nations in Europe. Yet, sectional and
regional factors continue to play a very important role in the working of American
politics, a role that can be pragmatic in the stubborn decentralization of the party
Self-Instructional
2 Material
system. It is in the interrelationship between this unique brand of nationalism and Administrative System
of USA
the reality of the decentralization of political power, that the special quality of the
American system is to be found.
The second model of political motivation is that which looks to the class
NOTES
structure of society as the major determinant of political behaviour. Although a
number of political thinkers, such as Locke and Montesquieu, have emphasized
this aspect of political behaviour, it was Karl Marx who saw class as the ultimate
explanation of people’s action. Taken to extremes, this is of course quite
incompatible with sectionalism as a force in politics. If political loyalty is really a
matter of social class, then regional loyalties will have no part to play in the political
system and to the degree that these regional loyalties continue to exist; class solidarity
across the nation will be diminished. In fact, recent American political history is
largely the story of the complex interaction of these two political motivations, with
sectionalism declining as class-consciousness increases. Each of these styles of
political behaviour has very different implications for the type of party system one
would expect to find. Indeed, if either sectional or class politics is taken to extreme,
then party politics as we understand it would be ruled out. There would simply be
a civil war either between geographical regions or between classes. The working
of the democratic system depends on the fact that these extremes are never realized
and that political parties must appeal to both, different sections of the country and
different classes of the population.
We may describe our third approach to the political system as the pluralistic
approach. This views the political system as a large number of groups, each with
a different interest, so that politics is a continually altering model of group activities
and interactions. Economic, class and geographic factors are important parts of
the pattern, but many other kinds of groups are also important: religious groups,
ethnic groups and other social groupings. Moreover, although economic groups
play an important part in the political system, they do not come together into two
or three big classes for purposes of political action. They are divided among
themselves, union opposing union, one type of producer battling with his
competitors, agriculture ranged against industry, small businessman against big
businessman, the retailer against the manufacturer, and so on.
Class and regional loyalties are disjointed, each group looking for support
to win its battles wherever that support is to be found. Thus, we have a picture of
the political system as a collection of a large number of groups, of anecdotal size
and importance, battling for their interest in a society where no single group
dominates. Since the membership of these groups overlaps significantly, there are
Catholic and Protestant businessmen, Irish-American and Italian-American labour
leaders—there is a continual set of cross-pressure on the leaders of these groups.
This helps the processes of compromise between them and moderates their
demands. At the extreme, the role of government in such a society is simply to
hold the ring, to act as referee between the groups to enable the necessary bargaining
Self-Instructional
Material 3
Administrative System of and compromise to take place. The political machinery simply becomes the
USA
mechanism through which equilibrium is achieved between contending interests.
As the government’s main autonomous interest becomes that of maintaining law
and order, there is little hope for active leadership to give directions to the national
NOTES policy, and political parties have little coherence or discipline. They become merely
organizational devices that are devoid of policy content.
Individualism is the final model of political behaviour that must be utilized to
scrutinize American politics. In other accounts of the political system, a class, a
section or a group dissolves the individual. Political behaviour is determined by
class ideology, regional loyalty or group interests and the individual has little or no
implication in affecting the outcome of political situations. Such interpretations of
political life seem to bear little relation to the mainstream of traditional democratic
thought. For theorists such as John Stuart Mill, the individual citizen was the central
concern of writers on politics, and personality and individual choice were crucial
elements in political decisions. It is ironic that it is in America, the land of individualism
par excellence, that the students of political behaviour have demolished the classical
description of the democratic political system. They have suggested that, in the
20th century, the influence of family, class, local community or other relevant social
grouping is far more important in determining voting behaviour, rather than the
knowledge of issues that face the electorate. In reality, however, individualism
plays a role of greater importance in America, than in the political system of any
other modern democratic state.
Conservative Political Tradition of the US
Concurrent to the formation of the American state system, the conservative tradition
appeared on the US political scene. The Constitution of 1787, which had become
the most complete expression of the philosophy and politics of bourgeois liberalism
in constitutional rights, contained conservative features itself. While sanctifying the
existence of slavery for many decades, it upheld the indivisible supremacy of the
bourgeoisie in the north and the plantation owners in the south. These were united
in one bloc by common economic and political interests. Till that time, the
remarkably constructive conditions, both extrinsic and intrinsic, for the development
of capitalism in the United States ensured the harmonious coexistence of two
ruling classes: western farmers and southern plantation owners.
The opposing nature of their policies was the main topic of the internal
political debates within the country. This led to the discussion of the following:
(i) Broad and narrow interpretations of the Constitution
(ii) The relationship between the powers of the central federal government versus
the rights of the state
(iii) The priority of industry over agriculture and vice versa
In the first quarter of the 19th century, these deliberations did not leave any
doubt about the value of compromise by different classes, which were achieved
Self-Instructional
4 Material
on the issue of slavery. The entry of American capitalism into the initial stage of the Administrative System
of USA
Industrial Revolution during the 1830s and 1840s, led to a severe escalation of
class conflicts that rose from the coexistence of two social systems: free labour
and slavery. It was exactly during this period that the conservative tradition finally
took shape within the orb of politics, and became an integral feature of the party NOTES
tandem.
During the course of two decades that led to the Civil War, compromise
was the banner of conservatism in the struggle with the politically organized
movements. These movements had liberal to abolitionists on the one hand, and
extremist plantation owners from the south on the other. However, conservative
politics proved inadequate for the practical demands of time.
The inevitability of an instantaneous solution to the problem of slavery, which
had become the main obstruction in the path of the development of US capitalism,
disturbed the balance of conservative powers in politics. The revolutionary
tendencies in the American society ran so deep that it was not possible to overcome
them, even with the most refined policies of compromise. The two-party system
of that period, which had become an obstruction to socio-political development,
by the middle of the 1850s had been wrecked and disorganized. The Whig Party
had finally disappeared from the political arena. The disintegration of the two-
party combination unleashed the forces of supporters and opponents of slavery,
which were earlier suppressed within its devices. The struggle between them became
the primary ingredient of American politics, till the beginning of the Civil War.
However, the adherents to the conservative tradition did not surrender. Throughout
this time, the defenders of the idea of compromise did not lose hope for the possibility
of returning politics to the conservative helm. The secession of the southern states
and the Civil War that followed created completely new and alien conditions in
which the conservative tradition was forced to operate.
The campaigns for the presidential election of 1860 completed the process
of separation of the country’s political forces, over the issues of slavery and the
attitude toward supremacy of southerners in the federal union. It also contributed
to the crystallization of ideological positions by various divisions within the parties.
The spectrum of politics, which preached conservative ideology on the eve of the
Civil War, was broad enough to cover all the existing parties to some extent or
another.
One of the bastions of conservatism was in the Republican Party, which had
entered the national political arena in 1856. The conservative Republicans were
quite a strong and influential group in political circles. Their leaders included Abraham
Lincoln’s ally Orville Browning (Illinois), Edward Bates (the well-known Missouri
politician), Supreme Court Justice John McLean (Ohio), Senator William Dayton
(New Jersey), Congressmen Thomas Corwin (Ohio), Edgar Cowan (Pennsylvania)
and Albert White (Indiana). The conservative faction consisted of former
representatives of parties that had fallen apart: the ‘Know Nothings’ and
Self-Instructional
Material 5
Administrative System of ‘Jacksonian’ democrats, who were the opponents of slavery. However, the largest
USA
conservative contingent carried the experience of political struggles under their
belts, under the banner of the Whig Party.
The proof of the resilience of the conservative positions in the party was
NOTES
their dominating influence in the Republican organizations of Indiana, Pennsylvania
and New Jersey and the visible effect on the course of party organization from
New York, Massachusetts and Illinois. The conservative Republicans’ programme
on the issue of slavery, which was completely inherited from the ideological baggage
of the Whigs, demanded a resurrection of the conditions of the Missouri
compromise in 1819–1821, on laying the borders of the free and slave territories.
It meant the virtual acceptance of the distribution of the slave system in the west,
which extended to the south from a conditional line of the 1820 compromise and
the entry of new slave states into the union. The conservatives opposed expansion
of slavery, but they did not consider appealing to the federal authorities to help
stop expansion by declaring this ploy unconstitutional. They reduced the whole
spectre of contradictions between the north and the south to rivalry in the struggle
for political power over the union. This was an effort to put an end to the southerners’
hegemony in deciding key domestic political issues. The conservatives condemned
slavery only from the point of view that it was the foundation of the south’s absolute
power. They declared their readiness to make new compromises with the
southerners to achieve political stability in the country.
The conservative Republicans articulated the interests of the American
bourgeoisie from heavy industry, who had long concentrated on markets in the
‘free states,’ and relied little on the delivery of goods from the slave south. They
continued to follow the Whig conception of socio-economic development in the
country. They were the supporters of swift industrialization, and they held to the
theory of an active role for the government in inspiring economic growth in the
US. The conservatives also defended the idea of introducing protectionist tariffs
and creating a central banking system.
The conservatives differed rather significantly from their party colleagues,
both the radical and moderate Republicans, on the issue of slavery. Both, the
radicals and moderates forcefully upheld the principle that had formed the foundation
of the Republican Party platform during the campaign of 1860, which limited the
system of slavery to within its existing boundaries. A major contingent of the Whigs
and the nativists from the mid-Atlantic and border states and from the states of
New England, who did not wish to be associated with the Republican Party, also
held conservative views. They came forward on the eve of the election campaign
of 1860 with the idea of forming a new organization, a constitutional union party.
This development was noticed by the Republican leadership. However, on the
whole, the Republicans pointed to the non-constructiveness of the unionists’ course.
The conservative faction of the Democratic Party, which had nominated
Stephen Douglas as its own candidate for president drew support mainly from
Self-Instructional
6 Material
those states in the northeast, where there was a concentrated bourgeoisie of trade Administrative System
of USA
and finance, which had prospered from commercial enterprises with the south
plantation. Conservative democrats, brought up in the spirit of northern political
traditions, has a destabilizing influence in the inferno of the slavery problem that
endangered the foundations of the political system in the country. They followed NOTES
the widening conflict between the north and the south with alarm, and attempted
to crush the topic of slavery with all their power. They tried to counterbalance the
growth of the political influence of both, open opponents and extremists from the
southern camp.
In spite of all the differences in the views of the conservative groups from
various parties on the issue of slavery and the ways to deal with it, they were
certainly united by an obvious attempt to prevent conflict between the north and
the south from becoming worse.
Abraham Lincoln’s victory in the 1860 presidential election marked the
end of the slave-owners’ political hold on national power. It served as a signal to
the southern extremists to split and form an independent slave government (the
Confederacy).
Main Features of the US Constitution
On the basis of the preceding discussion, the following four features of the US
Constitution can be discerned:
(i) There is a balance of power between the main components of the government
such as legislative, the Congress, executive, the President, the various
government agencies and the Supreme Court. The Congress works out
laws, which the President can veto. If this is not so, these laws have to be
enforced by the executive to have any power, and the executive branch
decides the due course unless the Congress passes a law to forbid the
action. The Congress also enjoys the power to impeach the President. The
judicial branch has emerged as a part of the balance of powers, as it seizes
the power to declare laws as unconstitutional, but this was not the case in
the original Constitution.
(ii) The Constitution renders the federal government only with powers that have
been listed for them in the Constitution, and any non-listed powers reside
with the states or the people. These are known as ‘enumerated powers’.
(iii) The state governments play the role of keeping a check on the power of the
federal government. The Constitution articulates that any powers not actually
provided to the federal government are retained by the states or the people.
(iv) The Bill of Rights actually lists things, which the federal government is not
permitted to do. The people also keep hold of the un-enumerated powers,
which are not particularly provided to the federal government or the states.
Self-Instructional
Material 7
Administrative System of US Federalism
USA
Being a federal constitutional republic, the United States is a country in which
powers reserved to the national government are shared by the US President, the
NOTES Congress and the judiciary. In addition, sovereignty is shared by the federal
government with the state government. The President is the head of the executive
branch, and is not under the control of legislature.
The power of legislature is divided between two chambers of the Congress:
the Senate and the House of Representatives. The Supreme Court and lower
federal courts together compose the judicial branch, and exercise judicial power.
It is their function to interpret the Constitution of the United States, and its federal
laws and regulations. They also resolve disputes between the two branches of
executive and legislative. The Constitution explains the layout of the federal
government. Since the American Civil War, the American politics has been
dominated by two parties: the Democratic Party and the Republican Party, though
other parties also exist.
The political system of the United States is different from most of the
developed democracies in many ways, such as the following:
x Power of upper house of legislature is more than what is seen in other
nations
x The Supreme Court holds wider scope of power
x Power is separated between the legislature and executive
x Only two main parties dominate the American politics
The American Constitution creates a federal entity. This is one of the dominant
features of the American governmental system. However, the state government
also caters to many people. All of them are divided as subjects to a variety of units
of the local government. Counties, municipalities and special districts are the units
of local government. The history of the country is reflected by the multiplicity of
jurisdictions. The states created the federal government. They were established
separately as colonies with their own and independent government. These colonies
created their units of local government for the smooth conduct of the various
functions of the state. New states were admitted and managed on the basis of
existing ones during the expansion of the country.
Check Your Progress

1. List any one feature of the US constitution.
2. How does the political system of the US differ from those of other
developed countries?
Self-Instructional
8 Material
Administrative System
1.3 CONGRESS of USA
The various aspects of the American legislature are mentioned in this section.
The US Speaker: Power and Functions NOTES
The Speaker of the United States House of Representatives, or Speaker of the

House presides over the United States House of Representatives. The office of
the speaker was constituted in 1789 by Article 1, Section 2 of the United States
Constitution, which states in part, ‘The House of Representatives shall choose
their Speaker...’The present speaker in the United States House of Representatives
is John Boehner, a Republican representing Ohio’s 8th congressional district.
Although the Constitution does not state that the Speaker ought to be an elected
Member of the Congress, a non-member has never served the post. After the
Vice President, the speaker stands second in the presidential line of succession,
and before the Parliament pro tempore of the US Senate. The speaker is required
to set the party’s legislative agenda. The Speaker is generally not required to
supervise debates, as this task can be delegated to the other members of Congress
of the same political party. Apart from the regular duties involving heading the
House and the majority political party, the speaker is also required to perform
administrative and procedural functions, and act as the representative of his or her
congressional district.
Partisan Role
The political functions of the speaker are not addressed in the Constitution, but in
the case of the US, the head of the majority party in the House of Representatives
traditionally outranks the majority leader. Even though the speaker is entitled to
vote, he/she generally neither takes part in the debate, nor votes except on rare
occasions. He/she has to ensure that legislations supported by the majority party
are passed by the House. While doing so, the speaker is allowed to use his/her
authority to determine when each Bill reaches the floor. The speaker is also the
chairman of the majority party’s House Steering Committee. Whereas in functioning,
the speaker heads the House majority party, the same cannot be said of the President
protempore of the Senate, whose office is only ceremonial and honorary in nature.
Also, the role played by the speaker depends to a great extent on whether the
President and the speaker belong to the same party. In case where they belong to
a single party, the speaker’s role is quite reduced. For example, Speaker Dennis
Hastert did not play a very prominent role during the presidency of fellow
Republican George W. Bush. But it might also happen that the speaker will have a
prominent role to play even when the President and the speaker are of the same
party. For example, Speaker Nancy Pelosi had a major role in fellow Democrat
Barack Obama’s presidentship.
Contrarily, when the speaker and the president are from rival parties, the
speaker is certain to play an extended role. The speaker holds the most important
Self-Instructional
Material 9
Administrative System of position in the opposition party, and is generally the main public opponent of the
USA
president’s agenda.
Presiding Officer
NOTES The speaker is also the presiding officer and has many powers accompanied with
a lot of responsibilities, which he/she usually delegates to others. He/she may
choose any Member of the House to act as Speaker pro tempore and preside
over the House. The party may change the presiding officer as it sees fit, who may
or may not be the speaker. Nevertheless, as a rule he or she is addressed as
‘Mister Speaker’ or ‘Madam Speaker’ while on the floor of the House. The
speaker also has to choose the chairman who shall preside over the Committee
when the House resolves itself into a Committee of the Whole. Those who wish to
speak in this assembly have to get an acknowledgement by the presiding officer.
The debate is also controlled by the presiding officer, who can call on members
according to his/her wish. This officer must also maintain decorum during the
debating session. He can instruct the Sergeant-at-Arms to implement the rules.
A speaker also influences the processes of the committee because he or
she chooses nine out of thirteen members of the powerful committee on Rules,
subject to the approval of the conference of the majority party. He/she is also
responsible for the appointment of all the members of select committees and
conference committees. He/she also has to decide the committee that shall consider
it. The speaker can also participate in the debate and also vote, but this power can
be evoked only in extraordinary circumstances. Generally, the speaker uses his/
her voting power only when their vote is decisive and of grave importance.
Different functions
The Speaker presides over all joint sessions and meetings. The Twelfth Amendment,
however, states that the President of the Senate should preside over the joint
sessions of Congress when it assembles to count electoral votes and to accredit
the results of a presidential election. The supervisory functions of the speaker are
further invoked when he or she has to oversee the officers of the House: the
Clerk, the Sergeant-at-Arms, the Chief Administrative Officer and the Chaplain.
The Speaker has the power to dismiss any of these officers. He/she also appoints
the House Historian and the General Counsel and, jointly with the Majority and
Minority Leaders, appoints the House’s Inspector General.
However, no such instance has been observed where the presidential
succession has entitled the speakers to become the president. Under the 25th
Amendment, the declaration has to be made to the speaker about the presidential
ability or inability to resume the presidency.
The US Committee System
Laws of the US are decided and debated in the Congress. This usually takes
place in the committees. The committees are constituted in each chamber of the
Self-Instructional
10 Material
Congress and have to perform particular functions and facilitate legislation. They Administrative System
of USA
help the legislative bodies to perform their work faster by constituting smaller
groups. The number of committees and sub-committees in the Congress is close
to 250. All of them are given to perform diverse functions and are composed of
the congressional members. All chambers of the Congress have their separate NOTES
committees; however, joint committees that comprise members of both chambers
are also formed. The committees are governed by their own set of rules, thus
rendering all panels their unique character.
The Senate comprises standing committees for the following subjects:
x Agriculture, nutrition and forestry
x Appropriations, that take care of the finances of the federal government,
thus rendering it one of the most powerful Senate committees
x Armed services
x Banking, housing and urban affairs
x Budget
x Commerce, science and transportation
x Energy and natural resources
x Environment and public works
x Finance; foreign relations
x Healthcare, education, labour and pensions
x Homeland security and governmental affairs
x Judiciary
x Rules and administration
x Small business and entrepreneurship
x Veterans affairs
These standing committees operate like permanent legislative panels, and
their various sub-committees tackle the essential duties of the full committee. There
are four select committees that handle specific tasks in the Senate: Indian affairs,
ethics, intelligence and aging. These are charged with taking care of functions that
may be termed as housekeeping-type functions, such as ensuring that honesty
prevails in the Congress and that the American Indians are treated well. The
committees are chaired by a member belonging to the majority party, who is often
a senior member of the Congress. The members for the committees are allocated
by their respective parties. There is a limitation on the number of committees that
one member can become a part of, in the Senate. The committees are allowed to
appoint their own staff, but the majority party often directs these judgments.
Self-Instructional
Material 11
Administrative System of The House of Representatives comprises many committees that are the
USA
same as the Senate, such as the following:
x Agriculture
NOTES x Appropriations
x Armed services
x Budget
x Education and labour
x Foreign affairs
x Homeland security
x Energy and commerce
x Judiciary
x Natural resources
x Science and technology
x Small business
x Veterans affairs
Most committees of the Congress take care of legislation or the passing of
laws. The following are the ways in which they function:
x The number of Bills proposed in the Congress in its two-year session is
much more than the number of Bills that are considered for debate. The
difference lies in thousands.
x A Bill that finds favour has to go through the following stages in the
committee:
o The executive authorities provide their written remarks on the proposed
measure
o Hearings are held by the concerned committee, where the witnesses
give their testimony and respond to any queries
o The committee fine-tunes the measure, occasionally with inputs from
members of Congress that do not belong to the committee
o Upon the agreement on the language of the measure, it is forwarded
to the full chamber where it is debated
x Conference committees that generally comprise members of the standing
committee from the House and Senate and whose members had
considered the legislation first, also help in settling one chamber’s version
of a Bill with the version of the other.
Legislative Process in the Congress
The American Constitution does not make any provisions for the cabinet. The so
called cabinet is the product of the customs and the laws passed by the Congress.
Self-Instructional
12 Material
The term ‘cabinet’ came into use during president George Washington’s term in Administrative System
of USA
1793. He used to seek advice from his four secretaries, whom he called his
confidential advisors and later this body came to be known as the cabinet.
The American cabinet is totally different from the parliamentary cabinets in
NOTES
other countries. It is an extra-constitutional and extra-statutory body. It is an
advisory body that aids and advises the president in discharge of his duties.
Eventually, separate departments of the administration were made under the charge
of one advisor each. They are called secretaries and these secretaries are the
heads of the departments and at the same time, assume the role of the president’s
advisers. They are collectively known as the President’s cabinet.
The secretaries are appointed by the President on the advice of the Senate.
Generally, the Senate does not hinder the President’s selection of secretaries. The
President has exclusive authority to remove the secretary, if the former is not happy
with his work. Initially, the cabinet started with three departments: state, treasury
and war departments; now, there are twelve such departments. All these
departmental heads comprise the cabinet. Their appointment is made by the
president. He does not have any restriction on the selection of secretaries. While
selecting a secretary, he gives preference to experience, ability and geographical
situations. He can even appoint people from opposition if he feels they can be the
best advisors. George Washington tried it, but failed because the advisors from
the opposition created many hassles for him in his administration, and finally, he
had to reject them and select people from his own party. Since then, it has become
a convention that the president selects advisors from his own party for the political
homogeneity.
Meetings
The cabinet ordinarily meets once a week. There are no formal rules for the
meetings. The president only decides the matters to be discussed in the meetings.
Meetings are held in his room in the White House. There are fair and frank
discussions in the meetings, but no official record of these meetings is maintained.
The proceedings are kept confidential. The decisions of the cabinet are announced
as the decisions of the president only.
Responsibility of the Cabinet
The cabinet in America is called the official family of the president. It does not
have independent powers or prestige. It is not a policy-making body. It does not
have individual or collective responsibility. The President cannot give any
responsibility to the cabinet. He creates and dissolves the cabinet. The cabinet
does not have any legal sanction. It is dissolved with the departure of the president.
Responsibility of the Secretaries
As the heads of different departments, the secretaries are individually
accountable to the president for their functioning in the departments. Consecutively,
Self-Instructional
Material 13
Administrative System of for efficient administration in their individual departments, they are assisted by
USA
junior secretaries.
Organization of the department
NOTES Each department is divided into bureaus, which are headed by a commissioner or
a bureau chief. The bureau is further divided into divisions. It is the duty of the
secretary of the department to see that his department works competently with
full assistance and harmonization between bureaus and units of division. They are
not accountable to the legislature for any action of theirs. They are only answerable
to the president. But the Congress can summon any secretary for explanation,
when there is a need to do so, or when the Congress constitutes an investigation
committee to investigate the complaints received against any department. The
secretary is called to get information or clarification and not for accountability.
Position of the Cabinet
The position of the American cabinet is what the president makes it. It is formed
only to assist and advise the President, but it is up to the President to accept the
advice or not.
The US Congress: The Senate and the House of Representatives
In 1787, when the founding fathers of the US drafted the Constitution (a
Constitution which is still valid today), they chose the US Congress for the very
first article. The Constitution gave the Congress the power to make laws for the
federal government, the capability to check the actions of the president and the
duty to stand up for the American people.
Constitutions reflect the beliefs, goals and aspirations of their authors and in
many cases, the values of a given society. In this way, the American Constitution is
no exception. To be able to understand the principles on which the US Congress
was established, one must first understand the politics, which surrounded the
formation of the United States of America.
The founding of British colonies in what was known as the ‘new world’ is
only one part of the history of the Americas, but it is fundamental to the history of
the United States. It was from the British colonies that, in 1776, a new nation was
born. The first British colonists landed in 1585, in what is now Virginia. Life was
difficult in the new world, and many of the early colonies surrendered to disease,
famine and attack by the native ‘Indian’ tribes. The first colony to conquer these
difficulties was established in Jamestown, Virginia, in 1607. Their success was
due to two reasons: surviving the first winter with the aid of friendly Native Americans
and an ability to grow tobacco. The colonists had discovered a mix of Caribbean
and mainland
American tobacco leaves which were appealing to the European taste and
trade with the ‘old world’ had become both, possible and lucrative. By 1732,
thirteen colonies had been established up and down the eastern seaboard of North
Self-Instructional
14 Material
America. These colonies began to thrive through trade, and soon found a degree Administrative System
of USA
of autonomy from the British Government. Colonial assemblies were established
in America, and these began to check the power of resident royal governors,
often taking control of the characteristics of taxation and expenditure. Steadily, the
principles of self government were becoming ascertained in the minds of the colonists. NOTES
As the 18th century progressed, the British Crown and Parliament once
again began to look to the west. The colonies had proved to be a success, and
Britain wanted to expand its control of the continent. Its efforts directed at westward
expansion, however, meant clash with the French forces who had established a
powerful position in North America. The French-Indian War lasted from 1754–
1763, until the French forces were defeated. This left the British in control of a
large area. Presently, this large area is Canada and the US. The cost of the war
and the resources needed to control their recently expanded western empire put a
strain on British finances, and led the Parliament to look for new ways to raise
revenue. Having decided that the colonies should pay more for their own defence,
the British Parliament passed a series of acts, which levied taxes on colonial trade.
The British actions had endangered the ability of the colonies to trade freely
and given the historical importance of colonial trade, this caused a great deal of
bitterness. Over the next ten years, protest over British taxation and oppression
grew, occasionally breaking into violence. Matters came to a head in Lexington,
Massachusetts in 1775 when a raid by British troops on colonial militias led to full
scale fighting. This marked the beginning of the American Revolution.
A formal declaration of independence was issued on 4 July 1776. Largely
written by Thomas Jefferson of Virginia, the declaration set the grounds on which
the colonies claimed their right to throw off the British rule. Behind the declaration
were the ideas of the 18th century philosophers and writers such as Thomas Paine
and John Locke. These ideas were widespread among the aristocracy of that
time. These ideas would go on to play a large part in writing the Constitution.
The War of Independence formally ended in 1783 with the signing of the
Treaty of Paris, in which the British Crown recognized the independence, freedom
and sovereignty of thirteen former colonies. With the certainty of victory, the thirteen
states were faced with the task of devising a system of government. Having just
conquered what they viewed as a tyrannical power, the leaders of the new states
had no intention of replacing the British Crown with their own monarch, or creating
a central government. However, it was recognized that some form of central
administration was inevitable for a new found independent nation.
There was never an issue that the new US would be anything other than
federal. A federal state maintains more than one level of government, with each
having their own rights and independence. Unlike in Britain, where the government
in London is paramount and can create, alter or abolish local governments as it
sees fit, the new US Constitution maintained the autonomy of individual states.
They created a central or federal government with certain powers and
responsibilities that rose out of necessity. Self-Instructional
Material 15
Administrative System of As the failure of the articles of confederation showed, there were certain
USA
jobs that were necessary for the success of the new nation that could not be
carried out by the state governments alone. On the other hand, under the new
Constitution, the state governments intended to be the primary level of government,
NOTES with responsibility for their own affairs and those of their citizens. The federal
government was to be restricted to those areas, which fell outside of the individual
state: regulating trade between states, establishing a national currency, conducting
foreign affairs and controlling the national military forces. This ideal, where each
level of government had its own separate areas of influence, was known as dual
federalism. Such a pure form of federalism was going to be short lived, but for the
early years of the US, it was the state governments which seized power.
The Constitution established a system whereby each branch of government
would be checked by another. A bicameral legislature was chosen so that the
Congress could act as a check upon itself in effect. For any law to be passed, the
approval of both chambers would be considered necessary. These two chambers,
which make up the US Congress, were the Senate and the House of
Representatives.
The Senate
The Senate of the US is generally known as the greatest deliberative body in the
world for a number of reasons. Right from its beginning, the Senate chamber has
been the setting of some of the most moving, influential and consequential debates
in the American history.
First, the Senate is mainly a legislative body. It has the power to pass
legislations that may become law, or to prevent legislations from becoming law.
Moreover, it is responsible for approving or denying consent to ratify treaties, for
approving and advising on presidential nominees and trying impeachments. Till
date, it is more powerful and significant than any upper chamber across the world.
Those who framed the Constitution wanted the Senate to be an incomparable
legislative body, such that it should be both, unique in its structure and superior as
an institution. They believed that this was essential for the republic to endure. So,
the framers provided for the following, among other things, in the Senate: equal
representation of every state; terms extending six years, beyond those of the house
and the president; elections in which only one-third of the total members would
stand before the people every two years; and a minimum age requirement to
attract ‘enlightened citizens’ to serve the body. These characteristics lent an exclusive
character to the Senate–a small, stable, stately, thoughtful, independent,
experienced and deliberative body. With equal legislative authority for the House
of Representatives, the framers expected that the Senate would remain steady in
a representative democracy. This, along with its duties specified in the Constitution,
was the framers’ design for the Senate. However, the Senate required a structure
to operate. And that structure has for more than 200 years taken the form of
Senate procedure: standing rules, rule making statutes and precedents.
Self-Instructional
16 Material
In 1789, the first Senate assumed twenty standing rules. Surprisingly, sixteen Administrative System
of USA
of those rules still form the core of the Senate procedure today. Since 1939, the
Senate has assumed twenty-five rule-making statutes. The presiding officer has
established a quantity of precedents over the course of the Senate’s history to fill
nearly 1,600 pages in the seminal reference work, known as the ‘Riddick’s Senate NOTES
Procedure’.
The Senate’s rules and precedents are nothing less than the institution’s
genetic material: they have evolved over a period of time; they are entwined and
complex. Those who unlock, understand and apply the Senate procedure have an
edge over their colleagues and the course of the Senate’s negotiations. Nevertheless,
most of all, together, the Senate faithfully reflects the framers’ design and ambition
for the body. It is a body that remains true to the Senate’s two paramount values—
unlimited debate and minority rights.
House of Representatives
A complex body of rules, precedents and practices governs the legislative process
on the floor of the House of Representatives. The official manual of house rules is
more than a thousand pages long, and is complemented by more than twenty-five
volumes of precedents. The ways in which the House applies its rules are moderately
conventional, at least in comparison with the Senate. Some rules are certainly
more multifaceted and more difficult to interpret than others; but the House does
not tend to follow parallel procedures under similar circumstances. Even the ways
in which the House does not have a propensity to follow similar procedures,
generally fall into relatively limited number of recognizable patterns. Most of the
rules that representatives may call upon and the procedures that the House may
follow are fundamentally important. The majority of members should be able to
work their will on the floor in due course. While the House rules normally identify
the significance of permitting any minority to present its views and sometimes to
suggest its alternatives, the rules do not enable that minority to filibuster or use
other devices to prevent the majority from prevailing without excessive delay.
Modes of procedure
There is no one single set of course of action that the house always follows, when
it mulls over a public Bill or resolution on the floor. In some cases, the House rules
require certain kinds of bills to be considered in certain ways. More often,
conversely, the House chooses to use whichever mode of consideration is most
fitting for each bill, depending on factors such as the importance and potential cost
of the Bill and the amount of controversy over its provisions and merits. The
differences among these packages of procedures rest largely on the balance that
each strikes between the opportunities for members to debate and propose
amendments, on one hand and the ability of the house to act swiftly, on the other.
Self-Instructional
Material 17
Administrative System of
USA
Check Your Progress
3. State any one power of the presiding officer.
NOTES 4. Who is responsible for the appointment of the members of select and
conference committees?
5. When did the American War of Independence formally end?
6. State the powers of the Senate.
7. When did the first Senate assume twenty standing rules?
1.4 ANSWERS TO CHECK YOUR PROGRESS

QUESTIONS
1. One of the prominent feature of the US Constitution is the balance of power

between the main components of the government such as legislative, the
Congress, executive, the President, the various government agencies and
the Supreme Court.
2. The political system of the United States is different from most of the
developed democracies in many ways, such as the following:
x Power of upper house of legislature is more than what is seen in other
nations
x The Supreme Court holds wider scope of power
x Power is separated between the legislature and executive
x Only two main parties dominate the American politics
3. The speaker as presiding officer may choose any Member of the House to
act as Speaker pro tempore and preside over the House.
4. The speaker is responsible for the appointment of all the members of select
and conference committees.
5. The American War of Independence formally ended in 1783 with the signing
of the Treaty of Paris.
6. The Senate has the power to pass legislations that may become law, or to
prevent legislations from becoming law.
7. In 1789, the first Senate assumed twenty standing rules.
1.5 SUMMARY
x The US grew out of various colonial communities, expanding progressively

across the continent, in a way, which has a propensity to lay emphasis on
local loyalties. The constitutional make up of federalism that was developed
Self-Instructional
18 Material
in 1787 provided prospects for the sustained appearance of regional loyalties Administrative System
of USA
through the governments of the states.
x However, sectionalism continues to be a moving force in American politics
all the way through its history. The second model of political motivation is
NOTES
that which looks to the class structure of society as the major determinant
of political behaviour. We may describe our third approach to the political
system as the pluralistic approach. This views the political system as a large
number of groups, each with a different interest, so that politics is a
continually altering model of group activities and interactions. Individualism
is the final model of political behaviour that must be utilized to scrutinize
American politics.
x Concurrent to the formation of the American state system, the conservative
tradition appeared on the US political scene. However, the secession of the
southern states and the Civil War that followed created completely new
and alien conditions in which the conservative tradition was forced to operate.
x In spite of all the differences in the views of the conservative groups from
various parties on the issue of slavery and the ways to deal with it, they
were certainly united by an obvious attempt to prevent conflict between the
north and the south from becoming worse.
x The Speaker of the United States House of Representatives, or Speaker of
the House presides over the United States House of Representatives. Apart
from the regular duties involving heading the House and the majority political
party, the speaker is also required to perform administrative and procedural
functions, and act as the representative of his or her congressional district.
x All chambers of the Congress have their separate committees; however,
joint committees that comprise members of both chambers are also formed.
The committees are governed by their own set of rules, thus rendering all
panels their unique character.
x The American cabinet is totally different from the parliamentary cabinets in
other countries. It is an extra-constitutional and extra-statutory body. It is
an advisory body that aids and advises the president in discharge of his
duties. The cabinet in America does not have independent powers or
prestige. It is dissolved with the departure of the president.
x The War of Independence formally ended in 1783 with the signing of the
Treaty of Paris, in which the British Crown recognized the independence,
freedom and sovereignty of thirteen former colonies. However, it was
recognized that some form of central administration was inevitable for a
new found independent nation.
x As the failure of the articles of confederation showed, there were certain
jobs that were necessary for the success of the new nation that could not be
carried out by the state governments alone. A bicameral legislature was
chosen so that the Congress could act as a check upon itself in effect. For Self-Instructional
Material 19
Administrative System of any law to be passed, the approval of both chambers would be considered
USA
necessary. These two chambers, which make up the US Congress, were
the Senate and the House of Representatives.
NOTES
1.6 KEY WORDS
x Federalism: Federalism refers to a type of government in which the power

is divided between the national government and other governmental units.
x Sectionalism: It refers to excessive devotion to local interests and customs.
x Confederacy: The confederacy was a government of eleven American
southern states that existed from 1861 to 1865.
x Cabinet: The cabinet is a committee of senior ministers responsible for
controlling government policy.
1.7 SELF ASSESSMENT QUESTIONS AND

EXERCISES
Short-Answer Questions
1. What are the main characteristics of the political system in the United States
of America?
2. Who is a speaker? What are his powers and functions?
3. Write a short note on the US Senate and the House of Representatives.
Long-Answer Questions
1. Discuss how the speaker plays the role of a partisan and a presiding officer.
2. Discuss the responsibilities of a cabinet and the secretaries.
3. Examine the main features of the US Constitution.
1.8 FURTHER READINGS
Almond, Gabriel Abraham. 1970. Political Development: Essays in Heuristic

Theory. Boston: Little Brown Publishers.
Charlesworth, James Clyde. 1967. Contemporary Political Analysis. New
Jersey: Free Press.
Mattei, Dogan and Ali Kazancigil. 1994. Comparing Nations, Concepts,
Strategies, Substance. Black well.
Easton, David. 1965. A Framework for Political Analysis. New Jersey: Prentice
Hall Publishing House.
Eckstein, Harry and David Apter. 1963. Comparative Politics: A Reader. New
Self-Instructional York: Free Press.
20 Material
The American President
UNIT 2 THE AMERICAN and the American Civil

Service
PRESIDENT AND THE

NOTES
AMERICAN CIVIL SERVICE
Structure
2.0 Introduction
2.1 Objectives
2.2 Executive Office of the President
2.3 American Civil Service
2.5 Summary
2.6 Key Words
2.0 INTRODUCTION
In this unit, you will learn about the election, term, qualifications, powers and
limitations of the President of the United States, considered the most powerful
executive position in the world today. The unit will also delve into the establishment
of the United States Civil Service Commission, and understand the reforms brought
about by the Civil Service Reform Act of 1978.
2.1 OBJECTIVES

x Discuss the responsibilities of the President of the United States
x Describe the role of the American Civil Service
2.2 EXECUTIVE OFFICE OF THE PRESIDENT
The US Constitution has bestowed all executive powers in the hands of the president.
The president is the Chief Executive Head of the state in the US. There are presidents
in parliamentary democracies also, but they are nominal executives. They have to
work according to the advice of the cabinet, and are answerable to the legislature.
India is a great example of one such democratic nation. The president is the real
executive in the US. He and his cabinet are not answerable to the legislature. He is
the supreme authority in the executive vicinity. His cabinet is actually a personal
Self-Instructional
Material 21
The American President team that is meant to advise him. This team is neither responsible to legislature, nor
and the American Civil
Service does it have any collective responsibility. The Constitution has given powers to the
president, and made him the real executive.
NOTES Harold Joseph Laski, an English political theorist, has rightly remarked about
the presidential position: ‘There is no foreign institution with which in any sense, it
can be compared because basically there is no comparable foreign institution. The
President of the US is both more or less than a king; he is also both more or less
than a prime minister.’
Election Procedure
The president is indirectly elected by an electoral college of each state. Each state
elects the electors who are equal to the number of senators and representatives in
the Congress, from the state concerned. They meet in each state, and cast their
votes on the day fixed for presidential election. The election of the President of
America goes by the calendar.
The presidential electors (Electoral College) are elected on Tuesday after
the first Monday, in November of every leap year. These electors meet in the
capital of each state, on the first Monday after the second Wednesday in December.
They record their votes for their presidential candidate. Then, each state sends a
certificate of election to the chairman of the Senate. On 6 January, the Congress
meets in a joint session and votes are counted. The candidate, securing absolute
majority gets elected. The new president is sworn into his office on 20 January. In
case, no candidate secures an absolute majority of votes, then the House of
Representatives is authorized to elect one among the top three candidates, who
have secured the highest number of votes. If this method does not succeed, then
after 4 March the vice-president will automatically succeed to the presidential
office.
Qualification for US Presidency
The US Constitution states that a candidate for presidency should have the following
qualifications:
x He should be a natural born citizen of the US.
x He must be at least 35 years of age.
x He must be a resident of the US for 14 years.
Term of Presidency
The US President is elected for a term of four years. He can be re-elected for
another term and according to the convention, no president can contest an election
for a third term. Earlier, George Washington, the first President of US, was elected
twice. He refused to contest election the third time, though there was no restriction
on re-election in the Constitution at that time. After this incident, it became a
Self-Instructional
22 Material
convention, but this convention was broken during World War II when President The American President
Roosevelt was elected four times. His fourth term was in 1944. However, the 22nd Service
Amendment of the Constitution (1952) fixed the total term for any president at ten
years. Normally, a candidate cannot be re-elected for the third time. In case a
candidate (vice-president) has succeeded a president after two or more years of NOTES
his term, the vice-president succeeding him will have two chances to contest election.
In any case, the term should not exceed ten years.
Succession to Presidency
The Constitution has no say on the issue of succession to presidency, in case the
office falls empty due to death or resignation of the president and the vice-president.
In 1947, an act that was passed says that under such circumstances, the succession
after the vice-president would be in the following order: (i) The speaker of the
House of Representatives(ii) The president pro-tempore (for the time being) of
the Senate(iii) The secretary of the state followed by other members of the cabinet.
In case the office of the president falls vacant due to his incapacity or disability,
either the president should have given in writing that he is incapable of managing
the office or the vice-president, and the majority of heads of executive departments
should have sufficient reasons to believe that the president is disabled to discharge
his duties. This declaration should be sent to the Congress to that effect.
Removal of the President
The president of the US can be removed only by way of impeachment on the
ground of gross misconduct or high crimes. Impeachment is not a very easy task.
The Lower House frames the charges and the Senate acts as judicial tribunal for
impeachment. Its meetings are presided over by the Chief Justice of the Supreme
Court. The penalty cannot be more than the removal of the president from office,
and his disqualification from holding any office of trust and responsibility under the
American government.
Immunities
In the US, the president cannot be arrested for any offence, and he cannot be
summoned before any court of law. He loses all immunities only when he is
impeached.
Powers and Functions of the President
The president of the US is the most powerful authority. He commands high respect
and backing in the country. The Constitution has given limited powers to the
president, but in due course of time, due to several factors, this office assumed
boundless powers in all areas of administration. The President enjoys enormous
Self-Instructional
Material 23
The American President executive, legislative, financial and judicial powers, which can be discussed as
Service follows:
(I) Executive powers
NOTES Some of the executive powers of the president, as per the Constitution, by
interpretation of the Supreme Court and by customs and conventions, can be
summed up as follows:
x Chief administrator: The president is the chief administrative head of the
nation. All administrative functions are carried out in his name. He is
responsible for implementing the federal laws in the country. He has to
ensure that the laws of the Constitution and the decisions of the courts are
enforced and implemented. He must see to it that the Constitution, life and
property of the people of US are protected. He executes treaties with the
consent of the Senate and agreements with other countries, and protects
the country from foreign invasion.
He is also responsible for maintaining peace and order on the domestic
front. In case there is a breakdown in the governmental machinery in any
state, he can act on his initiative and restore peace and harmony. In the
discharge of all these enormous responsibilities, he can make use of all
defence forces, civil services, police, etc. For example, John F. Kennedy
sent federal troops into the University of Mississippi in 1962 to prevent
non-compliance with the order of a federal court, on reconciliation of Afro-
American students.
x Commander-in-chief: The president is the supreme commander-in-chief
of the armed forces of US. He is responsible for the defence of the country.
He appoints high officials of the army with the support of the Senate. He
can also remove them at will. He cannot declare war because this power
resides in the hands of the Congress, but he can create a situation with his
administrative insight, where the declaration of war becomes inevitable.
Once war is declared, the military powers of the president increase
tremendously. He is given a blank cheque to look after the military operations.
Many times, presidents have taken advantage of this power and involved
US troops in undeclared wars with other countries.
(II) Delegated legislation
As it is, the President is constitutionally very powerful. He has legislative authority
in the form of executive orders. He can make many rules through executive orders.
Many presidents have made widespread use of this authority. In addition to this,
the recent entry of delegated legislation has empowered the president absolutely.
Delegated legislation is when the Congress makes laws in a skeletal form, creates
a general outline and leaves the details to be filled in by the executive.
Self-Instructional
24 Material
(III) Financial powers The American President
The Congress is the custodian of the nation’s finances. Nevertheless, the President Service
also plays a central role in the financial matters of the country. The budget is
prepared under his supervision and directions by the Bureau of Budget. High-
NOTES
level technicalities are applied by the Bureau while preparing the budget. Later,
the budget is presented before the Congress, which has the power to amend the
budget, but normally they avoid disturbing the budget with amendments because
of the technicalities involved. Another reason for avoiding amendments is that the
Congress lacks any skilled person who can set the disturbed budget right. Therefore,
the budget is passed as it is presented.
(IV) Power of patronage
The president has huge powers of patronage. He appoints a large number of
federal officers in superior and inferior services. The senators and the representatives
would always prefer to be in the good books of the president.
Limitations of the President
It should not be assumed that the powers of the president are limitless. Certain
limitations are placed on his powers. This is explained as follows:
(A) Limitations on the powers of the President
The vast powers and liberties have made presidency in America quite magnificent,
and it looks as if the president can easily become a dictator at any time, but the
situation is not so. The fathers of the Constitution adopted the doctrine of separation
of powers while framing the Constitution. Hence, there are lots of checks on the
powers of the president to balance the situation. Some limitations of his executive
powers are as follows:
(I) Harmonious working is difficult: The President of America does not
have the power to initiate a bill or participate in the deliberation of a bill in
the legislature. The ideology of separation of powers has kept the executive
and legislature in separate impermeable compartments.
(II) Difficulty in executing his policies due to dependence on the
Congress: The Congress is the only law-making body, and the President
has to depend on it for conductive laws to be passed. At times, he is helpless
as the Congress may not pass the necessary legislation for the smooth running
of his administration. Therefore, he has to struggle a lot and alternate to
other areas of power to get things done. Furthermore, he depends on the
Congress for finances. It is the Congress, which is the custodian of the
national revenue. Though the budget is prepared under the supervision of
the president, the Congress has the power to bring changes in the budget
and the president has to accept it.
(III) Senatorial approval: Senatorial approval is a big obstacle in the president’s
administration. The Constitution has provided that all federal appointments
Self-Instructional
Material 25
The American President made by him are to be ratified by the Senate. Here also, the president does
Service not have exclusive powers. He is under the check of the senatorial courtesy.
(IV) His veto can be nullified by the Congress: The president’s veto can be
nullified by the Congress in the following conditions:
NOTES
i. The president can use his veto power against a bill that is sent by the
Congress. He can veto a bill within ten days and send it back to the
Congress. However, if the vetoed bill is resent with two-third majority,
then the President has to approve it.
ii. When the Congress is in session and the President does not send the
approved bill back to the Congress in ten days, the bill is considered
to be passed without his signature.
iii. The president has the power for pocket veto. Even here, the Congress
has more power. It will not send any important bill to the President for
his signature during the last ten days of the session, and the president
gets the disadvantage of using pocket veto in these situations.
(B) Limitations of holding an elected office
The President of America is not an inherited authority; he is elected by the people
because of his good qualities. He has to follow democratic values and sustain his
image to return in the second term.
(I) Limited tenure: The president is elected for a short term of four years or
at the most, for one more term. He cannot contest election for the third
term. Due to this limitation, he cannot execute a long-term programme,
which according to him will be good for the nation.
(II) Constitutional limitations: The president has to act within the structure
of the Constitution, which also puts limits on his free exercise of powers.
2.3 AMERICAN CIVIL SERVICE
The United States federal civil service comprises the civilian workforce of the US
federal government’s departments and agencies. Established in 1871, the federal
civil service includes employees in the department and agencies in the three branches
of government, namely, the executive branch, legislative branch and the judicial
branch. As of December 2011, there were approximately 2.79 million civil servants
in the United States.
History
In the early 19th century, the position in the federal government was held at the
pleasure of the incumbent president. This meant that the employees could be fired
at any time and the jobs were used to support political parties. Following the
Pendleton Civil Service Reform Act of 1883, the spoils system was gradually
removed. By 1909, at least two-thirds of the US federal workforce were hired on
Self-Instructional
26 Material
merit and were based on tests. Some of the senior civil service positions were The American President
filled by political appointees. Under the Hatch Act of 1939, civil servants were Service
barred from engaging in political activities, while they were performing their duties.
In certain cases, the outgoing administration ensures that its political appointees
are given civil service protection so that they are not fired by the new administration. NOTES
This is also known as burrowing.
U.S. Civil Service Commission
The United States Civil Service Commission was established by the Pendleton
Civil Service Reform Act. The Act became a law on 16 January, 1883. The law
mandated the employment of federal government employees on the basis of
competitive tests and merit. It also barred elected officials and political appointees
from firing civil servants. Therefore, civil servants were rendered free from the
influence of the politicians. However, this law did not apply to state and municipal
governments. The United States Civil Service Commission was renamed as the
Office of Personnel Management under the provisions of Reorganization Plan No.
2 of 1978 and the Civil Service Reform Act of 1978. Today, U.S.A. has well-
organised civil services at the Federal, state and local levels of the administration.
Civil Service Reform Act of 1978
The Civil Service Reform Act abolished the United States Civil Service Commission
and created U.S. Office of Personnel Management (OPM), the Federal Labor
Relations Authority (FLRA) and the U.S. Merit Systems Protection Board (MSPB).
The OPM gives management guidance to several agencies of the executive branch
and issues regulations that control federal human resources. On the other hand,
the FLRA oversees the rights of federal employees, forms collective bargaining
units and engages in collective bargaining with agencies. MSPB conducts studies
of the federal civil service and primarily hears the appeals of federal employees
who are disciplined or otherwise separated from their positions. This act was an
effort to replace incompetent officials.
Check Your Progress

1. When does the swearing-in ceremony held for the president of the United
States?
2. What are the qualifications required for a presidential candidate in the US?
3. Under what conditions can the president of the United States be impeached?
4. What are the powers of the President as the commander-in-chief of the
armed forces?
5. When was the United States federal civil service established?
6. What is burrowing?
Self-Instructional
Material 27
and the American Civil 2.4 ANSWERS TO CHECK YOUR PROGRESS
Service
QUESTIONS
NOTES 1. The new president is sworn into his office on 20 January.

2. The US Constitution states that a candidate for presidency should have the
following qualifications:
x He should be a natural born citizen of the US.
x He must be at least 35 years of age.
x He must be a resident of the US for 14 years.
3. The president of the US can be removed only by way of impeachment on
the ground of gross misconduct or high crimes.
4. The President is supreme commander-in-chief of the armed forces of US.
He is responsible for the defence of the country. He appoints high officials
of the army with the support of the Senate. He can also remove them at
will. If a war is declared, the military powers of the president increase
tremendously. He is given a blank cheque to look after the military operations.
5. The United States federal civil service was established in 1871.
6. In certain cases, the outgoing administration ensures that its political
appointees are given civil service protection so that they are not fired by the
new administration. This is also known as burrowing.
2.5 SUMMARY
x The US Constitution has bestowed all executive powers in the hands of the
president. The president is the Chief Executive Head of the state in the US.
x The president is indirectly elected by an electoral college of each state.
Each state elects the electors who are equal to the number of senators and
representatives in the Congress, from the state concerned. They meet in
each state, and cast their votes on the day fixed for presidential election.
The election of the President of America goes by the calendar.
x The US President is elected for a term of four years. He can be re-elected
for another term and according to the convention, no president can contest
an election for a third term.
x In case the office falls empty due to death or resignation of the president
and the vice-president, the succession after the vice-president would be in
the following order:(i) The speaker of the House of Representatives(ii) The
president pro-tempore (for the time being) of the Senate(iii) The secretary
of the state followed by other members of the cabinet.
Self-Instructional
28 Material
x The president of the US can be removed only by way of impeachment on The American President
the ground of gross misconduct or high crimes. Service
x As far as the executive powers are concerned, the President is the chief
administrative head of the nation. All administrative functions are carried
NOTES
out in his name. He is also supreme commander-in-chief of the armed forces
of US. He is responsible for the defence of the country.
x The President has legislative authority in the form of executive orders. In
addition to this, the recent entry of delegated legislation has empowered the
president absolutely. Delegated legislation is when the Congress makes laws
in a skeletal form, creates a general outline and leaves the details to be filled
in by the executive.
x The President also plays a central role in the financial matters of the country.
x The president has huge powers of patronage. He appoints a large number
of federal officers in superior and inferior services. The senators and the
representatives would always prefer to be in the good books of the president.
x Certain limitations are also placed on the powers of the president. President
of America does not have the power to initiate a bill or participate in the
deliberation of a bill in the legislature. The Congress is the only law-making
body, and the President has to depend on it for conductive laws to be
passed. At times, he is helpless as the Congress may not pass the necessary
legislation for the smooth running of his administration. Senatorial approval
is also a big obstacle in the president’s administration.
x The United States federal civil service comprises the civilian workforce of
the US federal government’s departments and agencies. Established in 1871,
the federal civil service includes employees in the department and agencies
in the three branches of government, namely, the executive branch, legislative
branch and the judicial branch.
x The United States Civil Service Commission was established by the
Pendleton Civil Service Reform Act. The Act became a law on 16 January,
1883. The law mandated the employment of federal government employees
on the basis of competitive tests and merit. It also barred elected officials
and political appointees from firing civil servants.
x The United States Civil Service Commission was renamed as the Office of
Personnel Management under the provisions of Reorganization Plan No. 2
of 1978 and the Civil Service Reform Act of 1978.
x The Civil Service Reform Act abolished the United States Civil Service
Commission and created U.S. Office of Personnel Management (OPM),
the Federal Labor Relations Authority (FLRA) and the U.S. Merit Systems
Protection Board (MSPB).
Self-Instructional
Material 29
and the American Civil 2.6 KEY WORDS
Service
x Impeachment: Impeachment is the process by which a legislative body

NOTES levels charges against a government official.
x Senate: The United States Senate is part of the United States Congress,
which is a small group of elected people who decide the laws of the country.
x The Civil Service Reform Act: This act abolished the United States Civil
Service Commission and created U.S. Office of Personnel Management
(OPM), the Federal Labor Relations Authority (FLRA) and the U.S. Merit
Systems Protection Board (MSPB).

EXERCISES
1. Write a short note on the election of the president in the US.
2. What are the executive powers of the president?
3. What are the financial powers of the president?
4. Write a short note on the United States Civil Service Commission.
1. Discuss the term and removal of the President in the US.
2. Examine the powers and responsibility of the US President.
3. Analyse the limitations of the powers of the president.

Jersey: Free Press.
York: Free Press.
Self-Instructional
30 Material
Overview of Administrative
BLOCK - II System of Britain
ADMINISTRATIVE SYSTEM OF BRITAIN
NOTES
UNIT 3 OVERVIEW OF
ADMINISTRATIVE SYSTEM
OF BRITAIN
Structure
3.0 Introduction
3.1 Objectives
3.2 The British Constitution
3.3 British Government: Parliament
3.4 British Crown
3.5 Cabinet
3.6 Prime Minister
3.8 Summary
3.9 Key Words
3.0 INTRODUCTION
In this unit, you will learn about the features of the British Constitution. The British
political system is a unique blend of monarchy, aristocracy and democracy, and
the unit will delve into all these three elements to gain an understanding of the
administrative system of Britain. The powers and functions of the Crown, the
British parliament and the Prime Minister will also be discussed in detail.
3.1 OBJECTIVES

x Examine the features of the British Constitution
x Explain the powers of the British Crown
x Discuss the powers and functions of the British Parliament
x Analyse the powers of the Cabinet and the Prime Minister
Self-Instructional
Material 31
System of Britain 3.2 THE BRITISH CONSTITUTION
The following are the salient features of the British Constitution:

NOTES 1. Unwritten Constitution
Unlike the Indian Constitution, the British Constitution is unwritten. The French
writer De Tocqueville once remarked that ‘England has no constitution.’The British
constitution is a mixture of charters, statutes, judicial decisions, common law, usages
or traditions, customs, conventions, precedents etc. The first constitutional
document was the Magna Carta of 1215, then came the Bill of Rights 1689, then
the Parliament Acts of 1911, 1949, etc. The British constitution was not framed at
a single time. It is still in the process of growth.
2. Evolutionary Con stitution
The British Constitution has developed through a process of gradual evolution. It
is still going through the process of growth. It was not framed by a person or a
king for his own advantage. The British people have developed their constitution
from precedent to precedent and from past experience of law and practice.
3. Flexible Constitution
One of the most important features of the British Constitution is its flexibility. This
means that it can be amended by the Parliament. In England there is no difference
between the ordinary law and constitutional law. The British Constitution is different
from that of America’s or Pakistan’s. In America or Pakistan, the constitution is
considered to be a supreme document in which amendment is very rare. The
England’s constitution is always under the process of growth.
4. Unitary Constitution
England’s constitution is a unitary constitution. All the powers of the state are
concentrated in the hands of a single government for the whole country. All the
local governments are the servants of the central authority which has created them
and can dissolve them also.
5. Unreality
One of the unique features of the British Constitution is what is called its unreality.
There is a great difference in its appearance and its reality. In other words, there is
a great divergence in its theory. It is an absolute monarchy while in reality it is a
democratic state ruled by a parliament elected by the people.
6. Parliament’s Sovereignty
In Britain, like in India, the Parliament is sovereign. The sovereignty of the Parliament
is a source of the Constitution’s flexibility.
Self-Instructional
32 Material
7. Party System Overview of Administrative
System of Britain
Like India, the British political system is a party system that has been working
successfully largely due to the existence of two major parties. These parties are
Labour Party and the Conservative Party. However, recently the Liberal Democrats NOTES
have also been making inroads. The existence of two major parties throughout its
history has contributed to the strengthening of political traditions in Britain.
9. Nature of Conventions
Another very important feature of the British Constitution is the existence of a
large number of conventions in it. No one can understand this constitution properly
without studying these conventions carefully. These are a part of the constitution
but they are not laws, because as such these conventions cannot be enforced by
the courts. They are well known to all those who run the government.
Examples of the conventions:
x The Prime Minister must sit in the House of Commons
x Parliament must meet at least once in a year
10. Independence of Judiciary
The British Constitution is based on the principle of the Independence of the
judiciary. Since the year 1700 this principle has been a fundamental principle of
the English Constitution. Although the judiciary is no doubt independent in Britain
but the right of judicial review is not granted.
11. Bicameral Legislature
Like in India, according to the British Constitution, the British Parliament consists
of two houses: the House of Commons (Lower House) and the House of Lords
(Upper House).
12. Blend of Monarchy, Aristocracy and Democracy
The British Constitution is a unique blend of monarchy, aristocracy and democracy.
It is a Monarchic due to the existence of the Queen and King. It is aristocratic
because of the House of Lords. It is Democratic because Britain is a democratic
state run by a Parliament elected by the people.
Sources of the British Constitution
The sources of the British constitution can be divided into two parts:
x The laws of the constitution
x The conventions of the constitution
Self-Instructional
Material 33
Overview of Administrative (A) The Laws of the Constitution
System of Britain
The laws of the constitution are based on written documents. These include historic
documents, acts of the parliament, judicial decisions and common laws.
NOTES 1. Historic Constitutional Documents: The historic constitutional documents
form a very important source of the British constitution. The importance of these
documents can be judged from the fact that the transition process from absolute
monarchy to constitutional government in Britain was triggered by these elements.
e.g.:
x Magna Carta (1215): The charter Magna Carta required the then monarch
of England, King of John of England to proclaim certain liberties and accept
that his will was not arbitrary—for example by explicitly accepting that no
freeman could be punished except through the law of the land, a right that
still exists.
x The Petition of Rights (1628): It is a document that sets out specific
liberties of the subject that the king is prohibited from infringing.
x The Bill of Rights (1689): It is an act of the Parliament that laid down
limits on the powers of the crown and sets out the rights of Parliament and
rules for freedom of speech in Parliament, the requirement to regular elections
to Parliament and the right to petition the monarch without fear of retribution.
2. Acts of the Parliament: The laws made by the parliament from time to time
have also contributed and furthered the transition to constitutional government in
Britain. e.g.
x The Act of Habeas Corpus (1679)
x The Act of Settlement (1701)
x Reform acts of (1832,1867,1884,1918,1928)
x Acts of parliament (1911, 1949)
3. Judicial Decisions: These are also important sources of the British constitution.
Judicial decisions explain and interpret the rules and statutes passed by the
parliament.
4. Common Law: Common laws are also a very important source of British
constitution. Especially relating to the liberty of the subjects, i.e., many basic rights
of the people e.g. jury trial, freedom of speech and assembly are based on common
law as practiced by various courts in the country.
(B) The Conventions of the Constitution
The conventions are not recognized or enforced by any court. These are highly
respected by the British electorate and leadership. The conventions of the British
constitution are actually of an unwritten character. They form an important part of
the constitution. They are important because they have enabled the British political
Self-Instructional
34 Material
system to adopt itself to the changing needs of the time. Some of these conventions Overview of Administrative
System of Britain
are:
1. The British monarch cannot veto the bills passed by the parliament.
2. The sovereign invites the leader of the majority party in the House of NOTES
Commons to form the cabinet.
3. The Prime Minister and Finance Minister are both from the House of
Commons
4. The money bills originate in the House of Commons.
5. The cabinet remains in power as long as it enjoys the confidence of the
majority party in the House of Commons, otherwise it has to resign.
6. All the civil servants are tried in the same court like any other citizen.
Sanctions behind the Conventions
The conventions are not enforced by the courts, then the questions arises, why do
the people obey them? These are the sanctions behind the conventions:
x Force of law
x Respect for conventions
x Public opinion
A. Force of Law
According to Dicey, the conventions are observed because they are based on and
sanctioned by law. The power behind them is the power of law. If, says Dicey, the
conventions are not observed, it will almost immediately bring the offenders into
conflict with the courts and the law of land. Dicey gives the following example: As
the parliament has to meet at least in a year, suppose if the Prime Minister does not
summon the parliament for two years, then no budget will be passed and no taxes
will be collected. Therefore, although it is a convention but now it has the force of
law behind it. Hence disregarding it will force the public official to commit illegal
acts.
B. Respect for Conventions
Lowell says that conventions are observed because they are a code of honour.
They are the rules of game and the single class, which has hitherto had the conduct
of the English Public life almost entirely in its own hands, is the one which is peculiarly
sensitive to such conventions. Thus, the respect for the conventions by the ruling
class of Britain is the force behind them.
C. Public Opinion
Ogg says that the force behind the conventions is the force of the public opinion.
The public wants their observance and it will not tolerate their violation e.g. public
Self-Instructional
Material 35
Overview of Administrative expects a cabinet defeated in the parliament to leave office when it has lost the
System of Britain
confidence in the parliament. Dr. Jennings says that the force behind the conventions
is the same as behind the law.
NOTES
Check Your Progress
1. List two features of the British Constitution.
2. Why is the British Constitution considered a blend of aristocracy, monarchy
and democracy?
3. State any two conventions of the British Constitution.
3.3 BRITISH GOVERNMENT: PARLIAMENT
The British Parliament is the oldest legislative institution in the world. It is one of
the best representative assemblies of the world. It still upholds the theory of the
supremacy of ballot. This Parliament meets in the Palace of Westminster.
Incidentally, the parliamentary form of government of England is the oldest in the
world.
Origin and Growth of Parliament
Etymologically, the word ‘parliament’ has been derived from the Latin word parle,
which means consultation. In the beginning, the British monarch, who was the
embodiment of the legislative, executive and judicial powers, found it convenient
to consult with the Lords, Barons and the Commons for raising money. Its root
can be traced to the Magnum Concilium (Great Council) of the Norman period.
Simon de Montford first used the word ‘parliament’ in 1265, and Edward I
summoned the famous ‘Model Parliament’ in 1295.
Bicameralism is an accident in British constitutional history, for in the ‘Model
Parliament’ of 1295, the Barons and clergy refused to sit with the common people.
Hence, two houses were created: the House of Lords and the House of Commons.
Initially, the House of Lords was more powerful, but with the extension of franchise
which started with the passage of the first Reform Act of 1832, the House of
Commons became a popular and powerful chamber. During the period of 1832–
1971, there were several Reforms Acts which gradually granted every person of
eighteen years in age the right to vote, thus completing the process of
democratization of Parliament.
Powers and Functions of Parliament
The Parliament is a sovereign body. It has the right to make or unmake any law,
and the judiciary has no right to override or set aside its act. The Parliament in
general enjoys the following powers:
Self-Instructional
36 Material
(i) Law-making powers Overview of Administrative
System of Britain
The Great Britain has a unitary form of government, and hence, both Houses of
Parliament have the power to make law for the whole country. It is the principal
function of the Parliament. In actual practice, it has neither time nor competence NOTES
and hence the initiative is left in the hands of the cabinet. The cabinet dominates
both in legislative as well as in executive fields. Further, in the legislative sphere,
the House of Commons has more powers than the House of Lords.
(ii) Financial power
The Parliament is the guardian of national finance. It may be pointed out here that
it was largely on the question of money that the battle was fought between the
King and Parliament. Finally, it was settled that Parliament has the supreme authority
in the financial field. Here, the House of Commons is more powerful, and as per
the provision of the Parliament Act 1911, the House of Lords can delay money
bills for a maximum period of one month. Money bills can be first introduced only
in the House of Commons.
(iii) Control over the executive
The responsibility of the executive to the legislature is the very basis of the
parliamentary form of government. The cabinet in England is responsible to the
Parliament. Here again, it is the House of Commons, and not the House of Lords
that exercises effective control. The House of Commons may remove a cabinet
out of power by a vote of no confidence. It may reject a bill or a budget proposal
of the cabinet. Its members have a right to ask questions to the ministers. They
move the vote of no confidence or vote of censure against the government.
(iv) Ventilation of grievances
The Parliament is a forum for deliberation on questions of public importance and
the ventilation of public grievances. It is the mirror of the nation. Whatever happens
in the various parts of the country can be discussed in it. That is why it is often
described as ‘a nation in miniature’.
(v) Educative functions
Besides the function of exercising control over the executive, the Parliament also
performs educative functions. Its debates provide valuable political education to
the people and create a process of awareness among them. Newspapers, radio
and televisions give maximum publicity to its debates. It helps to educate and
formulate public opinion in the Great Britain. It provides an opportunity to the
opposition to criticize the government.
(vi) Miscellaneous functions
The Parliament protects the rights and privileges of its members. It provides a
training ground for the future parliamentary leaders and ministers. Its members,
Self-Instructional
Material 37
Overview of Administrative particularly the members of the House of Commons, have to demonstrate talent,
System of Britain
ability, wisdom and practical statesmanship.
Bicameralism and the Parliament
NOTES The Parliament of Great Britain is bicameral in structure. It consists of the following
two houses:
x House of Commons
x House of Lords
The House of Commons is the popular chamber whose members are elected
directly by the people. It has been aptly described as the ‘most characteristic
institution of British democracy’. It consists of elected representatives of the people
who represent the nation as a whole. The House of Commons is now purely an
elective body, and it has attained its present status through a long process of
democratization. Free election is now an essential basis of the British democracy.
The House of Commons at present consists of 635 members. These members are
elected for a period of five years from single member constituencies, arranged on
a geographical basis. If the House is dissolved earlier, there may be fresh election
before the completion of the terms. The tenure of the House normally does not
extend beyond five years, but it can be extended in great national crisis such as
wars and emergencies. The House of Commons elected in 1910 continued to
work till 1918 due to First World War, and one elected in 1935 continued till
1945 during Second World War.
The House of Lords is the oldest upper House in the world. As a second
chamber, it has been in continuous existence for more than one thousand years.
This House consists of more than one thousand Peers of Lords. The term ‘peer’
means an equal, and originally, it referred to the feudal tenants-in-chief of the
monarch. These tenants in chief more or less enjoyed equal privileges, and they
were summoned by the King to be present when a new Parliament met. It became
customary that when a new Parliament met, the King used to summon the same
old peers who had sat in an earlier one, or if in the meantime, they had died, for
their eldest sons. Thus, peer ship became hereditary under the law of primogeniture,
where the eldest son had the right to inherit the father’s legacy, and become a
member of the House of Lords.
At present, the House of Lords consists of the following categories of peers:
x Princes of the Royal Blood
x Hereditary Peers
x Representative Peer of Scotland
x Representative Peers of Ireland
x Lords of Appeal
Self-Instructional
38 Material
x Lords of Spiritual Overview of Administrative
System of Britain
x Life Peers
The members of the House of Lords have certain privileges and disabilities.
They enjoy freedom of speech and individually meet the monarch to discuss public NOTES
affairs. They are exempted from arrest when the House of Lords is in session.
Eminent persons are conferred on peerage so that the country gets the chance of
getting their services.
Check Your Progress

4. Name the two houses in the British Parliament.
5. How many members are currently there in the House of Commons?
3.4 BRITISH CROWN
Although British society has had continuous debates about the status of the King
and the Crown and whether distinctions between the two are wholly relevant in
the twenty first century, the political economy of Britain continues to distinguish
between the two. Simply put, the Crown is the institution while the King (or the
Queen) is an individual who is considered the physical manifestation of that
institution. The maxim ‘The King is dead, long live the King,’ aptly sums up the
distinction. It expresses the fact that even though the person holding the position of
the king is dead, the office continues to exist.
The Crown, according to Mr. Sidney Low, is ‘a convenient working
hypothesis’. According to Sir Maurice Amos, ‘The Crown is a bundle of sovereign
powers, prerogatives and rights - a legal idea.’ Thus, the rights and powers of the
Crown are historically the rights and powers of the King or the Queen. This is still
the case in theory, but in reality, the King is merely a nominal head, i.e., ministers
exercise these powers on his behalf and in the king’s name. These ministers are
authorized by the Parliament, and are responsible to it. According to Dr. Finer,
‘When we talk of the actions of the Crown in politics we mean that the People,
Parliament and the Cabinet have supplied the motive power through the formal
arrangements established by centuries of constitutional development. The Crown
is an ornamental cap over all these effective centres of political energy.’ The author
of England in the Reign of Charles II David Ogg states that the Crown is a
‘subtle combination of sovereign ministers (especially Cabinet members), and to a
degree Parliament.’ Thus, it can be stated that the king is the physical embodiment
of the crown, whereas the Cabinet is its visible embodiment.
Self-Instructional
Material 39
Overview of Administrative Powers of the British Monarchy
System of Britain
The powers of the British Monarch comes from the following sources:
(i) prerogative
NOTES (ii) statute
In earlier times, powers of the British monarch were considered to be
‘prerogatives’ and were not conferred to him or her by an act of Parliament.
However, with time, the parliament began cutting away at the powers of the monarch.
Today, whatever powers that remain with the monarch constitute the prerogatives
of the Crown.
According to the constitutional theorist A.V. Dicey, prerogatives are the
remnants of autocratic and discretionary powers legally remaining with the Crown.
They mean powers that are not granted, but are possessed or conferred powers
that have been acquired because they were prescribed, and confirmed by usage
and accepted. The second source of power of the Crown comes from Acts of
Parliament. The British Parliament may have reduced the powers of the monarch
over the years, but it has also added to them. To give an example, whenever the
Parliament authorizes a new tax, or introduces fresh duties of administration upon
the Crown, it begins to expand the powers of the Crown in an imperceptible
manner. However, whether a given power is derived from prerogative or statute is
not important. What is really important is that the powers of the Crown keep
changing off and on. Sometimes they are curtailed and sometimes they are allowed
to reach new heights.
The powers of the Crown can be classified under the following heads:
x Executive Powers
x Legislative Powers
Executive Powers
The executive powers of the Crown are as follows:
x The power to appoint all judges, military men, administrative and
executive officers.
x The power to supervise administrative functions and work
x The power to enforce national laws
x The authority to control the armed forces
x The right to represent the nation in foreign countries
x The right to wield the power of pardon and reprieve
Along with this, the Crown also has the powers to go to war or make peace
or sign treaties with foreign countries without consulting the Parliament. However,
this executive power in reality is exercised by the ministers of British government,
Self-Instructional
40 Material
or the cabinet. The cabinet and ministers also have the responsibility of administration Overview of Administrative
System of Britain
of the country. They also appoint the members to the office and direct the British
foreign policy as well as decide on expenses made by the Parliament. Thus, in
Britain, real power is wielded not by the King, but by ministers and the Cabinet.
NOTES
The powers that are conferred on the Crown by Parliament are actually
delegated to the Cabinet. As the monarch is only a nominal head, as an individual
the King is not granted any authority by the Parliament. The prerogative of mercy
is primarily exercised by the Home Secretary. There is only a formal contribution
by the royalty. Even when the King bestows honours on the public or his subjects,
he is doing so with prior permissions from his ministers. It is the Prime Minister,
and not the King, who is responsible to the Parliament for including or excluding
items/names from the list of honours.
Legislative Powers
Along with executive powers, the Crown also has legislative powers. In theory,
laws of the British Parliament are passed with the King acting in consultation/
tandem with the House of Lords and the House of Commons. However, just like
the executive powers, the legislative powers of the monarch are nominal and in
actuality rest with the Crown. In theory, the King does the following:
x Summons and prorogues the sessions of the Parliament
x Dissolves the House of Commons
x Gives his assent to the bills passed by the Parliament
x Issues Orders-in-Council
Although a Bill cannot become an Act until and unless the monarch gives his
or her assent, however, no monarch can exercise veto on his own when a bill is
passed by Parliament. The monarch can only exercise veto if the Cabinet advises
him to do so. Therefore, it would not be wrong to say the Cabinet is the institution
exercising all these powers.
Reasons for the Survival of Monarchy in Britain
The following issues are debated regarding the existence of monarchy in Britain:
x The system of voting against the monarchy is yet to be followed in Britain,
although the Parliament can vote for abolishing monarchy. According to
the Treason Felony Act, 1848, it is treason if ‘any person whatsoever,
within the United Kingdom or without, compass, imagine, invent, devise,
or intend to deprive or depose our most gracious Lady the Queen from
the style, honour or Royal Name of the Imperial Crown of the United
Kingdom.’ Several monarchists are of the opinion that it is seditious and
illegal to advocate republican democracy.
Self-Instructional
Material 41
Overview of Administrative x The current framework of governance has existed in Britain since the
System of Britain
10th century. The system has changed now, even though the monarch
still remains the Head of the State, and does not possess any political
powers now. The current framework leaves the Prime Minister out of
NOTES the useless events and has given him time to execute his duty of controlling
the country well. Another reason for monarchy in Britain is that no one
has been able to devise an alternative till now.
However, it is equally important to bring a change in the British society and
make it seem like an influential and modern state.
The following are some suggested points against monarchy in Britain:
x A hereditary monarch in a developed nation cannot be justified because
it represents the feudalism of the medieval English society. It seems like
a superannuated system that has served its time and purpose. It
encourages social division and snobbery by separating monarchy from
the ordinary citizens. Monarchy stands in contrast to the system of
meritocracy, where people are rewarded according to their abilities,
and not on the basis of their birth. As long as the monarchy survives, the
class system will also survive in Britain.
x The fact that monarchy is a mere ceremonial office supported by the
money of the taxpayers is not justified. These funds can easily be used
for the further development of the nation. They can be invested towards
important sectors such as education, healthcare, infrastructure, transport
and communications. It should be noted that public money (about
£50,000) was once used for renovating the Buckingham Palace. Since
the palace is a tourist attraction, abolishing monarchy would increase
revenue from the same. Moreover, the palaces can be used as tourist
spots rather than as a home for the royalty.
x Monarchy encourages the persistence of anachronous traditions and
values. It not only paints the image of Britain as a country still stuck in
the medievalism of the past, but is also the relic of an era gone by.
Monarchy flourishes while the working class perishes.
x Monarchy is not regarded with the same degree of respect as in the
past. It is often claimed to lack the sensibility to act as the head of state.
Very few people are of the opinion that it should continue in its present
form. The British citizens often face despondency when it comes to the
question of the continuation of monarchy in Britain.
It is believed that monarchy is a style of governance where, by itself, it has
no special role but many have to suffer because of its presence. To avoid this
suffering of the innocent, it should be eradicated or at least reduced to some
extent. Monarchy is a redundant framework, leading to no optimal positive results
Self-Instructional
42 Material
and simultaneously leading to racism, which is its biggest drawback. Why does Overview of Administrative
System of Britain
the system still prevail even after such criticism?
o The most common reason is that monarchy has not been practised in its
true sense anymore. People do not perceive any direct adverse effect of
NOTES
monarchy in the state.
o Britain’s sense of security has been embedded in the Crown only, and
without it, things would not make much sense.
o Since the true sense has been lost, the behaviour of the Crown is
considered irrelevant.
o Monarchy is constitutional. It renders Britain a unique and singular identity.
o The monarch is in a position in the state where he/she is able to work for
the welfare of the civilians.
o Monarchy has no significance of its own.
o Any attempt to do away with the monarchy is a fundamental assault on
the national way of life in Britain.
Check Your Progress

6. What are the sources of the power of the monarchy?
7. Mention any two executive powers of the Crown.
3.5 CABINET
The cabinet is ‘the core of the British constitutional system’. It is the most important
single piece of mechanism in the structure of the British Government. It is the
supreme directing authority of the government and the real ruler of Great Britain. It
has been described as the chief glory of the Constitution.
The entire cabinet system is a product of convention. Like its constitution,
the cabinet has grown into its present form over the past three centuries or so and
is largely a child of chance rather than that of wisdom. No one meticulously planned
its development and yet it has grown.
The Ministers of Crown Act of 1931 legally recognized the institution of the
cabinet. It is today an omnipotent body—an institution of expanding powers.
Cabinet and the Ministry
Sometimes, distinction is made between the cabinet and the ministry. The cabinet
is only an inner circle of the ministry. A ministry is a large body consisting of all
categories of the ministers who have seats in the parliament and are responsible to
it. The cabinet, on the other hand, is a small body consisting of the most important
ministers. In other words, all the members of the ministry are not the members of
the cabinet.
Self-Instructional
Material 43
Overview of Administrative There are ministers of different ranks, who vary in nomenclature and
System of Britain
importance. First, there are some sixteen to twenty of the most important ministers,
who are known as the cabinet ministers. They stand at the head of the executive
and decide policies of the government. Second, there are certain ministers who
NOTES are designated as the ministers of cabinet rank. These ministers are not the members
of the cabinet, yet they are given the status of the cabinet ministers. They are the
heads of administrative departments, and are invited to attend cabinet meetings
when affairs of their respective departments are under consideration. The number
of this category of ministers varies from government to government, and it is left to
the Prime Minister’s discretion to decide.
Third, there are ministers of states who act like deputy ministers. They may
be appointed in those departments where the work is particularly heavy and involves
frequent visits abroad. These ministers usually work under the cabinet ministers,
and they enjoy a status in between a full minister and a parliamentary security.
Lastly, there are parliamentary secretaries or junior ministers appointed almost
in each department. They are technically not the ministers of the Crown, because
constitutionally, they do not enjoy powers. Their sole function is to help and relieve
their senior ministers of some of their burdens by taking part in the parliamentary
debates and answering parliamentary questions. They also assist their senior
members in their departmental works. They are also known as parliamentary
undersecretaries.
All the above categories of ministers constitute the ministry, and they are
members of parliament and preferably belong to the majority party in the House
of Commons.
The ministry may consist of about sixty to seventy members. It does not
meet as a body for the transaction of business. It does not deliberate on matters of
policy. The duties of a minister unless he is a cabinet minister, are departmental
and individual confined to the respective departments. Policy formulation is the
business of the cabinet. The cabinet meets in a body, but the ministry never meets
does. The ministry is always a larger body, whereas the cabinet is only a smaller
one. The latter is an inner circle within the bigger circle of the former.
Organization of the Cabinet
The first step in the formation of the cabinet is the selection of the prime minister.
It is now a well-established convention that the prime minister must be the leader
of the majority party in the parliament.
As there is a bi-party system, the choice of the prime minister is practically
made by the electorate. From a legal point of view, the monarch has to select the
leader of the majority party in the House of Commons as the prime minister. In the
earlier days, the monarch was likely to exercise a real choice in the matter, but
with the development of the bi-party system, he only invites the leader of the
majority party in the House of Commons to be the prime minister. Once the prime
Self-Instructional
44 Material
minister is appointed, all other ministers are appointed by the monarch on the Overview of Administrative
System of Britain
advice of the prime minister. The prime minister has a free hand to form the ministry.
Legally, he may not consult anyone, but practically, he consults some of his leading
party colleagues and followers. He should include the senior members of his party
in the Cabinet. He must see that various age groups and interests are represented. NOTES
Further, the members of the cabinet as well as the ministry must be taken
from both the Houses of Parliament. However, the free hand of the prime minister’s
information of the cabinet cannot be denied.
It may be pointed here that the prime minister is legally under no obligation
to include any particular person in his cabinet. But in practice, some members of
his party have such status and prestige that their inclusion in the cabinet is most
automatic. The prime minister has a right to reshuffle his cabinet, when he likes.
There are no fixed rules regarding the size of the cabinet. No two cabinets either
have the same size or consist of exactly the same ministers. As a general rule, the
ministers in charge of important departments, such as the Chancellor of Exchequer,
Lord Chancellor, the Secretary of State for Foreign affairs, the President of the
Board of Trade, as well as the ministers of Defence, Labour and Agriculture, are
invariably included in the Cabinet.
In addition to these, a number of other ministers are also included in the
cabinet. The strength of the Cabinet varies, usually, from fifteen to twenty. It is
alleged that a twenty-member cabinet is too large a body to make prompt and
quick decisions. The idea of the war-cabinets during the last two world wars has
substantiated the above argument. In both the World Wars, the Prime Ministers
Lloyd George and Winston Churchill created the war-cabinet consisting of five
ministers. The five member war-cabinet was not merely, a committee of the cabinet,
but the final authority regarding the prosecution of the wars.
The idea of an inner-cabinet as a prototype of the war-cabinet was first
proposed in the report of the Haldane Committee on the Machinery of Government.
It would consist of a few members, four or five, and act like a central nucleus
within the Cabinet structure. The inner cabinet is only an informal institution. It
neither supersedes the war-cabinet nor is responsible for any policy. It is more an
advisory body than a policy-making organ.
Features of the Cabinet System
The cabinet system in Great Britain is based on certain recognized principles. The
principles have been developed in course of time, and these are based more on
conventions than on law. The essential features of the cabinet system are discussed
as follows:
(i) Exclusion of the Monarch from the cabinet
The Monarch does not attend the meeting of the cabinet. He is neutral, and should
not be involved in political matters. Although all executive actions are taken in the
Self-Instructional
Material 45
Overview of Administrative name of the Monarch, he practically does nothing. The decisions are taken by the
System of Britain
cabinet, and the Monarch acts on its advice.
(ii) Combination of the executive and legislative functions
NOTES The second essential feature of cabinet system is the close cooperation between
the executive and the legislature. All ministers are the members of parliament. The
Prime Minister and the members of the cabinet belong to the majority party. As
Heads of the Departments, the members of the cabinet control the executive and
as leaders of the majority party, they also control the Parliament. There is absence
of strict separation of powers in a cabinet form of government.
(iii) Collective responsibility
The collective responsibility of the cabinet is enforced in the Parliament through
various methods like the vote of no-confidence, vote of censure and refusal to
pass government bills. Whenever the cabinet ceases to enjoy the confidence of
the House of Commons, it may resign or advise for the dissolution of the House of
Commons. In case of dissolution of the House of Commons, a fresh election
takes place. Thus, the collective responsibility has strengthened the solidarity of
the cabinet in the British constitutional system.
(iv) Ministerial responsibility
The British cabinet system is also based on the principle of the ministerial
responsibility. A minister is responsible to the House of Commons for his acts of
omission and commission. Every act of the Crown is countersigned by at least one
minister, who can be held responsible in a court of law, if the act done is illegal.
(v) Political homogeneity
The members of the Cabinet are preferably drawn from the same political party.
The ministers belonging to the same political party hold similar views. The cabinet
consisting of like-minded persons with similar objectives can work efficiently with
more vigour and greater determination. Coalition ministry is also a rare phenomenon
in the British constitutional system.
(vi) Leadership of the prime minister
Although the members of the cabinet stand on an equal footing, yet the prime
minister is the captain of the team. Other members are appointed on his
recommendation and he can reshuffle his team any time. He is the recognized
leader of the party, and coordinates and supervises the work of various departments
in the government. His resignation means the resignation of the entire cabinet as
well as the ministry.
Self-Instructional
46 Material
(vii) Secrecy of cabinet meetings Overview of Administrative
System of Britain
The members of the cabinet are expected to maintain complete secrecy with regard
to the proceedings and policies of the cabinet. They take the oath of secrecy as
per the Official Secrets Act. Legally, the decisions taken by the cabinet are in the NOTES
nature of advice to the monarch and cannot be published without his permission.
Although meetings of the cabinet may be held anywhere and at any time, they
usually take place each Wednesday in the Cabinet room at 10, Downing Street. In
extraordinary circumstances, there may be frequent meetings of the cabinet. The
emergency meetings may be summoned at any time.
Functions of the Cabinet
The cabinet occupies the central place in the political field, and plays a dominant
role in the governmental system. It has many functions and we may subdivide them
for our convenience under the following headings:
(i) It decides the national policy: As the real executive, the cabinet defines
the lines of the national policy, and decides how every current problem
which may arise at home or abroad is to be treated.
(ii) It is the principal custodian of executive powers: The cabinet not only
formulates and defines policies, it also executes them. It exercises the national
executive power subject to the approval of the Parliament. All the ministers,
whether they are members of the cabinet or not, have to execute the policies
formulated by the cabinet and implement laws enacted by the Parliament.
The cabinet is also responsible for the appointment of high officers of the
state. The King is a mere nominal executive head, whereas the ministers are
the real executive heads. Thus, the Cabinet is held responsible for every
detail of administrative work.
(iii) It controls and guides the legislative work: The cabinet guides and
largely controls the functions of the Parliament. The ministers prepare,
introduce and pilot legislative measures in the Parliament. They also explain
and urge the members to pass the bills introduced by them. All bills introduced
by the Cabinet are generally passed due to the support of the majority party
in the Parliament. A bill opposed by the cabinet has no chance of becoming
an act. In fact, the cabinet has become a miniature legislature and it is said
that, today it is the cabinet that legislates with the advice and consent of the
Parliament.
(iv) It controls the national finance: The cabinet is responsible for the entire
expenditure of the nation. It decides as to what taxes will be levied and how
these taxes will be collected. It finalizes the budget before it is introduced in
the House of Commons. The Chancellor of Exchequer is an important
member of the cabinet. He prepares the annual budget, and generally, the
budget is discussed in the cabinet before its presentation in the Parliament.
Self-Instructional
Material 47
Overview of Administrative The cabinet has a right to examine the pros and cons of various financial
System of Britain
measures.
(v) It coordinates the policies of various departments: The government is
divided into several departments and it cannot be a success unless all the
NOTES
departments work in harmony and cooperation. The proposals of various
departments may be sometimes conflicting and contradictory. Hence, it is
the responsibility of the cabinet to coordinate the policies of various
departments. The cabinet has to prevent friction, overlapping and wastage
in departmental policies and programmes.
3.6 THE PRIME MINISTER
The prime minister is by far the most important man in the country. He is also
described as the master of the government. It is the peculiarity of the British
Constitution that the man who holds such a high office has, strictly speaking, no
legal sanction. The English law is very much silent with regard to the office of the
prime minister.
Selection of the Prime Minister
The selection of the prime minister depends essentially on the monarch. During
the18th century, the royal choice played an effective role in such election. It was a
well established rule that the prime minister must be either a Lord or a member of
the House of Commons. All prime ministers since Sir Robert Walpole have been
appointed from one of the Houses.
A convention has been developed since 1923 that the prime minister should
belong to the House of Commons. The resignation of Bonar Law in 1923 left the
King to select either Lord Curzon or Stanley Baldwin as the prime minister. The
former was a member of the House of Lords, and the latter belonged to the
House of Commons. Lord Curzon had greater cabinet experience than Stanley
Baldwin. But the King finally selected Baldwin as the prime minister after due
consultation with the prominent members of the party. As the cabinet is responsible
to the House of Commons and the House of Commons is more powerful than the
House of Lords, it is natural to expect the leader of the majority party of the
House of Commons to be appointed as the Prime Minister.
Functions of the Prime Minister
The functions of the prime minister are many and varied. He has immense powers
and a considerable amount of prestige, which can be seen from the following
description of his functions:
(i) Formation of the ministry
The prime minister forms the ministry. With the appointment of the prime minister,
Self-Instructional
the essential function of the monarch is over, for it is left to the prime minister to
48 Material
select his ministers, and present the list to the monarch. The prime minister has Overview of Administrative
System of Britain
also to select his cabinet colleagues. The prime minister can change the members
of the ministry at any time.
(ii) Distribution of portfolios NOTES
The distribution of portfolios is another important task of the prime minister.
However, while distributing portfolios, he has to see that important members of
the party do get important portfolios. He also has to satisfy the aspirants for the
important portfolios.
(iii) The chairman of the Cabinet Committee
The prime minister is the Chairman of the Cabinet Committee. He convenes the
meetings of the cabinet and presides over them. He is to fix the agenda of the
meetings and it is for him to accept or reject proposals put by its members for
discussion in such meetings. He may advice, warn or encourage the ministers in
the discharge of their functions.
(iv) Leader of the House of Commons
It is now an established convention that the Prime Minister should belong to the
House of Commons. He represents the cabinet as a whole and acts as the leader
of the House. He announces the important policies of government and speaks on
most important bills in the House of Commons. He is responsible for the arrangement
of business of the House through the usual channels. The members of the House
look to him as the fountain of every policy.
(v) Chief coordinator of policies
The prime minister is the chief coordinator of the policies of several ministries and
departments. He has to see that the government works as an organic whole and
activities of various departments do not overlap or conflict with one another. In
case of a conflict between two or more departments, the prime minister acts as the
mediator. He irons out conflicts among the various ministries and departments.
Thus, he plays a major role in coordinating the policies of the government.
(vi) Sole adviser to the monarch
The prime minister is the sole adviser to the monarch. You must already know that
he is the only channel of communication between the monarch and the cabinet.
The prime minister advises the sovereign in matters of appointment and any other
matter of national importance. He recommends the names of persons on whom
honours can be conferred. He is also responsible for a wide variety of appointments,
and exercises considerable patronage. He also has the power to advise the King
to create peers. Thus, he has a legal right of access to the sovereign, which other
Executive in UK 96 members of the cabinet ordinarily do not possess. For this
reason, he frequently visits the Buckingham Palace to meet the monarch.
Self-Instructional
Material 49
Overview of Administrative (vii) Leader of the nation
System of Britain
The prime minister is not only the leader of the majority party but also the leader of
the nation. A general election in England is in reality an election of the prime minister.
NOTES He should feel the pulse of the people, and try to ascertain genuine public opinion
on matters which confront the nation. His appeal to the people in critical periods
saves the nation.
(viii) Power of dissolution
The prime minister possesses the supreme power of dissolution, and it is his sole
right to advise the monarch to dissolve the House of Commons. In other words,
the members of the House of Commons hold their seats at the mercy of the prime
minister. It is difficult to imagine a situation in which the monarch can refuse
dissolution to a prime minister. Nevertheless, the prime minister should consult the
cabinet before advising for dissolution.
(ix) Other powers
The prime minister possesses wide powers of patronage, including the appointment
and dismissal of ministers. A large number of important political, diplomatic,
administrative, ecclesiastical and university appointments are made by the monarch,
on his recommendations. He may occasionally attend international conferences.
He meets the Commonwealth Prime Minister in regular conferences. He may
meet the Heads of other Governments at the summit talks and discuss international
problems. The prime minister often discharges these functions without consulting
the cabinet. However, the solidarity of the cabinet and the prestige of the prime
minister should be always reconciled.
Doctrine of the Prime Ministerial Government
In view of the vast powers exercised by the prime minister, some critics observed
that there is prime ministerial form of government in England. R. H. S. Crossman
writes, ‘The post-war epoch has seen the final transformation of cabinet
government into Prime Ministerial Government.’ Under this system, the cabinet
which is a ‘hyphen which joins, the buckle which fastens, the legislative part of the
State to the executive part’ becomes one single man. Even in Bagehot’s time, it
was probably a misnomer to describe the Premier as Chairman, and primus inter
pares (first among equals).
His right to select and remove his own cabinet, his power to decide its
agenda, his right to announce its decisions and to advice the monarch for dissolution,
his power to control the party members for the sake of discipline—all this has
given him near presidential powers. Every cabinet minister has become, in fact,
the prime minister’s agent or his assistant. No minister can take an important
move without consulting the prime minister. It may be said that the cabinet has
become a Board of Directors and the prime minister is like a general manager or
Self-Instructional
50 Material
a managing director. Important policy decisions are often taken by the prime minister Overview of Administrative
System of Britain
alone, or after consulting one or two cabinet ministers. The repeal of the Corn
Laws in 1846 was done by the personal initiative of Robert Peel. The invasion of
the Suez Canal in1956 was decided by Anthony Eden in consultation with his few
colleagues, and the cabinet was informed at the last moment before Israel attacked NOTES
Egypt. Harold Wilson reached the final decision to dissolve the House of Commons
in 1966without consulting the cabinet. Once the prime minister announces his policy
or takes a step, his followers have little chance to oppose him, for it may endanger
party solidarity and stability of government.
Herbert Morrison and some other critics refute the thesis of the establishment
of prime ministerial government in England. They hold the view that ‘the Cabinet is
supreme’ and the prime minister is not the master of the cabinet. He cannot ride
roughshod over the desire of the cabinet. As the captain, he must carry the whole
team with him. A team is weak without a captain, and there can be no captain
without a team. Both should work in mutual cooperation and perfect harmony.
Hence, the prime minister is like an executive chairman. The preceding two views
seem to be extreme ones, and the real truth lies in between these two views. The
prime ministerial powers change with political circumstances and with the concerned
personalities. The prime minister is, no doubt, more powerful than any cabinet
minister. But it cannot be said that he is more powerful than the whole cabinet.
After all, he has to carry the whole cabinet with him.
Check Your Progress

8. What is the difference between cabinet and ministry?
9. List any two functions of the Prime Minister.

QUESTIONS
1. The two features of the British Constitution are given below:

x Unlike the Indian Constitution, the British Constitution is unwritten.
x One of the most important features of the British Constitution is its
flexibility. This means that it can be amended by the Parliament.
2. The British Constitution is a unique blend of monarchy, aristocracy and
democracy. It is a Monarchic due to the existence of the Queen and King.
It is aristocratic because of the House of Lords. It is Democratic because
Britain is a democratic state run by a Parliament elected by the people.
3. Two conventions of the British Constitution are:
x The British monarch cannot veto the bills passed by the parliament.
Self-Instructional
Material 51
Overview of Administrative x The sovereign invites the leader of the majority party in the House of
System of Britain
Commons to form the cabinet.
4. The British Parliament has two houses: the House of Lords and the House
of Commons.
NOTES
5. The House of Commons currently has 635 members.
6. The powers of the British Monarch comes from the following sources:
i. prerogative
ii. statute
7. The executive powers of the Crown are as follows:
x The power to appoint all judges, military men, administrative and
executive officers.
x The power to supervise administrative functions and work
8. Sometimes, distinction is made between the cabinet and the ministry. The
cabinet is only an inner circle of the ministry. A ministry is a large body
consisting of all categories of the ministers who have seats in the parliament
and are responsible to it. The cabinet, on the other hand, is a small body
consisting of the most important ministers.
9. The Prime Minister is concerned with the formation of the ministry. Along
with this function, he is also endowed with the task of distributing portfolios.
3.8 SUMMARY
x Unlike the Indian Constitution, the British Constitution is unwritten. The

British Constitution has developed through a process of gradual evolution.
One of the most important features of the British Constitution is its flexibility.
This means that it can be amended by the Parliament. England’s constitution
is a unitary constitution. All the powers of the state are concentrated in the
hands of a single government for the whole country.
x Like India, the British political system is a party system that has been working
successfully largely due to the existence of two major parties. These parties
are Labour Party and the Conservative Party.
x The British Constitution is a unique blend of monarchy, aristocracy and
democracy. It is a Monarchic due to the existence of the Queen and King.
It is aristocratic because of the House of Lords. It is Democratic because
Britain is a democratic state run by a Parliament elected by the people.
x The sources of the British constitution can be divided into two parts:
o The laws of the constitution
o The conventions of the constitution
Self-Instructional
52 Material
x The laws of the constitution are based on written documents. These include Overview of Administrative
System of Britain
historic documents, acts of the parliament, judicial decisions and common
laws. The laws made by the parliament from time to time have also
contributed and furthered the transition to constitutional government in Britain.
Judicial decisions are also important sources of the British constitution. NOTES
Common laws are also a very important source of British constitution.
x The conventions are not recognized or enforced by any court. These are
highly respected by the British electorate and leadership. The conventions
of the British constitution are actually of an unwritten character.
x According to Dicey, the conventions are observed because they are based
on and sanctioned by law. The power behind them is the power of law. On
the other hand, Lowell says that conventions are observed because they
are a code of honour. Ogg says that the force behind the conventions is the
force of the public opinion.
x The British Parliament is the oldest legislative institution in the world. The
Parliament in general enjoys law making power, financial powers, and
exercises control over the executive. Besides performing educative functions,
the Parliament also acts a forum for ventilation of public grievances.
x The British Parliament consists of two houses: the House of Lords and the
House of Commons.
x The House of Commons is the popular chamber whose members are elected
directly by the people. It consists of elected representatives of the people
who represent the nation as a whole.
x The House of Lords is the oldest upper House in the world. This House
consists of more than one thousand Peers of Lords. The term ‘peer’ means
an equal, and originally, it referred to the feudal tenants-in-chief of the
monarch.
x The Crown is the institution while the King (or the Queen) is an individual
who is considered the physical manifestation of that institution. The powers
of the Crown keep changing off and on. Sometimes they are curtailed and
sometimes they are allowed to reach new heights.
x The cabinet is ‘the core of the British constitutional system’. It is the most
important single piece of mechanism in the structure of the British
Government. It is the supreme directing authority of the government and the
real ruler of Great Britain.
x Sometimes, distinction is made between the cabinet and the ministry. The
cabinet is only an inner circle of the ministry. A ministry is a large body
consisting of all categories of the ministers who have seats in the parliament
and are responsible to it. The cabinet, on the other hand, is a small body
consisting of the most important ministers.
Self-Instructional
Material 53
System of Britain
x The cabinet defines the lines of the national policy; it not only formulates
and defines policies, it also executes them. The cabinet guides and largely
controls the functions of the Parliament. It is responsible for the entire
expenditure of the nation.
NOTES
x The prime minister is by far the most important man in the country. He is
also described as the master of the government. He is concerned with the
formation of the ministry. Along with this function, he is also endowed with
the task of distributing portfolios. His other functions include presiding over
the meetings of the cabinet, acting as the chief coordinator of policies of
various departments, performing his duties as the sole advisor to the
monarch, etc.
3.9 KEY WORDS
x Aristocracy: Aristocracy refers to the highest class in certain societies,

usually comprising those people who are of noble birth and hold titles and
offices.
x Bicameralism: Bicameralism is the practice of having two legislative or
parliamentary chambers or houses.
x Peers of Lords: The term ‘peer’ means an equal, and originally, it referred
to the feudal tenants-in-chief of the monarch. These tenants in chief more or
less enjoyed equal privileges, and they were summoned by the King to be
present when a new Parliament met. Peer ship became hereditary under
the law of primogeniture, where the eldest son had the right to inherit the
father’s legacy, and become a member of the House of Lords.
x British Crown: The Crown is the institution while the King (or the Queen)
is an individual who is considered the physical manifestation of that institution.
It expresses the fact that even though the person holding the position of the
king is dead, the office continues to exist.

EXERCISES
1. What are the powers and functions of the British Parliament?
2. What are the executive powers of the Crown?
3. What are the reasons behind the survival of monarchy in Britain?
4. What are the prominent functions of the Cabinet?
Self-Instructional
54 Material
Long-Answer Questions Overview of Administrative
System of Britain
1. Examine the features of the British Constitution.
2. Explain the powers of the British monarchy.
3. Discuss the features of the Cabinet system. NOTES
4. Describe the functions of the Prime Minister.

Jersey: Free Press.
York: Free Press.
Self-Instructional
Material 55
British Parliamentary
Commissioner, Treasury
and Civil Service UNIT 4 BRITISH PARLIAMENTARY
COMMISSIONER,
NOTES
TREASURY AND CIVIL
SERVICE
Structure
4.0 Introduction
4.1 Objectives
4.2 British Parliamentary Commissioner
4.3 Treasury
4.4 British Civil Service
4.6 Summary
4.7 Key Words
4.0 INTRODUCTION
In this unit, you will learn about the appointment and functions of the Parliamentary
Commissioner for Standards in the House of Commons and the House of Lords
Commissioner for Standards. The responsibilities of the Exchequer will also be
delved into. The services provided by the British Civil Service will also be discussed,
while also outlining the professions that fall under its purview.
4.1 OBJECTIVES

x Understand the role of the Parliamentary Commissioner for Standards
x Examine the objectives and priorities of the Exchequer
x Analyse the responsibility of the British Civil Service
4.2 BRITISH PARLIAMENTARY COMMISSIONER
The Parliamentary Commissioner for Standards is an officer of the British House

of Commons. The Commissioner is in charge of regulating MPs’ conduct and
propriety. One of the Commissioner’s main tasks is overseeing the Register of
Members’ Financial Interests, which is intended to ensure disclosure of financial
Self-Instructional
56 Material
interests that may be of relevance to MPs’ work. The current Parliamentary British Parliamentary
Commissioner for Standards is Kathryn Stone OBE. and Civil Service
Appointment
He or she is appointed by a Resolution of the House of Commons, and works a NOTES
four-day week. The Parliamentary Commissioner for Standards is appointed by a
Resolution of the House of Commons for a fixed term of 5 years and is an
independent officer of the House. The remit of the Parliamentary Commissioner
for Standards does not extend to the House of Lords: the post of Lords
Commissioner for Standards was created in 2010.
Role
The Parliamentary Commissioner for Standards in the House of Commons is
Kathryn Stone OBE. Her role is:
x to provide advice
x to investigate allegations that MPs have broken their Code of Conduct and
its supporting rules
x to decide complaints from the parliamentary community about harassment,
bullying or sexual harassment by MPs
x to keep the MPs’ Code of Conduct under review
Some things the Commissioner does not do:
x She cannot investigate complaints about what Ministers have done in their
Ministerial role
x She cannot investigate Members of the House of Lords. (This is the task of
the Lords Commissioner).
x She cannot investigate complaints about how an MP has dealt with a
constituent’s concern, or about the level of service they provide
x She cannot investigate complaints about MPs’ expenses, or about criminal
matters.
Code of Conduct
The Code of Conduct describes the responsibilities that MPs have as Members
of the House and are based on a set of principles. The Guide to the Rules relating
to the conduct of Members sets out in detail MPs’ obligations to register and
declare their financial interests, and the restrictions on lobbying for reward or
consideration. It also describes the procedure for the investigation of complaints.
These responsibilities are separate from and additional to those of other
citizens. The Code applies to MPs in all aspects of their public life. It does not
seek to regulate what MPs do in their purely private and personal lives.
Self-Instructional
Material 57
British Parliamentary The obligations set out in the Code are complementary to those which apply
and Civil Service to all MPs by virtue of procedural and other rules of the House and the rulings of
the Chair, and to those which apply to MPs whose conduct is also within the
scope of the Ministerial Code.
NOTES
The rules create obligations that MPs must follow. The House of Commons
also provides guidance to MPs. Guidance generally reflects good practice but it
may not be appropriate on every occasion.
The Commissioner may only investigate allegations of breaches of the rules.
She may not investigate complaints about:
x policy matters;
x a Member’s views or opinions; and
x a Member’s handling of or decision about a case, including their handling of
correspondence, whether or not anyone involved is a constituent of the
Member
Unless the MP’s conduct is such that it significantly damages the reputation
of the House of Commons as a whole or of its Members more generally.
Standards and Financial Interests
MPs and Members of the Lords must declare certain financial interests. The purpose
is to provide information on any financial or non-financial benefit received by a
MP or Member of the Lords which might reasonably be thought by others to
influence their actions, speeches or votes in Parliament or influence their actions
taken in their capacity as a Member.
House of Lords Commissioner for Standards
The House of Lords Commissioner for Standards is responsible for the independent
and impartial investigation of alleged breaches of the House of Lords Code of
Conduct. This includes investigating breaches of the rules on members’ financial
support, use of parliamentary facilities and treatment of those with whom they
come into contact in the course of their parliamentary duties and activities. The
current Commissioner is Lucy Scott-Moncrieff CBE. She was appointed by the
House as Commissioner for Standards for five years from 1 June 2016. She was
president of the Law Society of England and Wales from 2010 to 2013.
When making a complaint the following information should be provided:
x in what respect the member concerned is alleged to have breached the
Code of Conduct or broken the rules governing the use of financial
support or parliamentary facilities
x as much evidence as possible in support of the complaint
x name, postal address, telephone number and, if possible, email address.
Self-Instructional
58 Material
The Commissioner conducts a preliminary assessment of all complaints. British Parliamentary
Following this preliminary assessment she will inform both the complainant and the and Civil Service
member concerned whether or not she will investigate the complaint. If the
Commissioner decides that a complaint does not merit investigation then she will
provide the person who has complained with a brief explanation of the reasons for NOTES
her decision.
4.3 TREASURY
HM Treasury (Her Majesty’s Treasury), sometimes referred to as the Exchequer,

or more informally the Treasury, is the department of the Government of the United
Kingdom responsible for developing and executing the government’s public finance
policy and economic policy. The Treasury maintains the Online System for Central
Accounting and Reporting (OSCAR), the replacement for the Combined Online
Information System (COINS), which itemises departmental spending under
thousands of category headings,and from which the Whole of Government Accounts
(WGA) annual financial statements are produced. It is the government’s economic
and finance ministry, maintaining control over public spending, setting the direction
of the UK’s economic policy and working to achieve strong and sustainable
economic growth. The possessive adjective in the department’s name varies
depending upon the sex of the reigning monarch.
Responsibilities
They are responsible for:
x public spending: including departmental spending, public sector pay and
pension, annually managed expenditure (AME) and welfare policy, and
capital investment
x financial services policy: including banking and financial services regulation,
financial stability, and ensuring competitiveness in the City
x strategic oversight of the UK tax system: including direct, indirect, business,
property, personal tax, and corporation tax
x the delivery of infrastructure projects across the public sector and facilitating
private sector investment into UK infrastructure
x ensuring the economy is growing sustainably
Priorities
Their priorities are:
x achieving strong and sustainable growth
x reducing the deficit and rebalancing the economy
x spending taxpayers’ money responsibly
Self-Instructional
Material 59
British Parliamentary x creating a simpler, fairer tax system
and Civil Service x creating stronger and safer banks
x making corporate taxes more competitive
NOTES x making it easier for people to access and use financial services
x improving regulation of the financial sector to protect customers and the
economy
Objectives
Their objectives are:
1. Place the public finances on a sustainable footing
2. Ensure the stability of the macro-economic environment and financial system,
enabling strong, sustainable and balanced growth
3. Increase employment and productivity, and ensure strong growth and
competitiveness across all regions of the UK through a comprehensive
package of structural reforms
4.4 BRITISH CIVIL SERVICE
Her Majesty’s Home Civil Service, also known as Her Majesty’s Civil Service or
the Home Civil Service, is the permanent bureaucracy or secretariat of Crown
employees that supports Her Majesty’s Government, which is composed of a
cabinet of ministers chosen by the Prime Minister of the United Kingdom of Great
Britain and Northern Ireland, as well as two of the three devolved administrations:
the Scottish Government and the Welsh Government, but not the Northern Ireland
Executive.
Her Majesty’s Home Civil Service forms an inseparable part of the British
government. The executive decisions of government ministers are implemented by
HM Civil Service. The Civil Service helps the government of the day develop and
implement its policies as effectively as possible.
The Civil Service provides services directly to people all over the country,
including:
x paying benefits and pensions
x running employment services
x running prisons
x issuing driving licences
They also have staff working on policy development and implementation,
including analysts, project managers, lawyers and economists.
They are politically impartial and independent of government and work in
central government departments, agencies, and non-departmental government
Self-Instructional
60 Material
bodies (NDPBs). The Civil Service does not include government ministers (who British Parliamentary
are politically appointed), members of the British Armed Forces, the police, officers and Civil Service
of local government or NDPBs of the Houses of Parliament, employees of the
National Health Service (NHS), or staff of the Royal Household.
NOTES
They are co-ordinated and managed by the Prime Minister, in her role as
Minister for the Civil Service. The most senior civil servant in a department is a
permanent secretary.
As they are accountable to the public we need to meet the highest possible
standards in all that they do. They aim to have:
x integrity - putting the obligations of public service above personal interests
x honesty - being truthful and open
x objectivity - basing advice and decisions on rigorous analysis of the
evidence
x impartiality - acting solely according to the merits of the case and serving
governments of different political parties equally well
Functional model
To create a more skilled and unified organisation to transform services and achieve
significant savings for the taxpayer, they are developing 10 specialist areas of
expertise. These cross-government functions provide professional services and
support to departments.
The Functional Model sets out how the Civil Service will be structured.
They are:
x analysis
x commercial
x communications
x corporate finance
x digital
x finance
x fraud, error, debt and grants
x human resources
x internal audit
x legal
x project delivery
x property
Self-Instructional
Material 61
British Parliamentary Professions
and Civil Service
The Civil Service is made up of 25 professions. Each profession has developed its
own competency framework, which supports the wider civil service framework.
NOTES The Civil Service is made up of a wide range of professional roles – from
communicators and engineers, to procurement managers and lawyers. There are
currently 28 recognised professions, each led by a head of profession:
x Corporate Finance Profession
x Counter-fraud Standards and Profession
x Digital, Data and Technology Professions
x Government Communication Service
x Government Economic Service
x Government Finance Profession
x Government IT Profession
x Government Knowledge and Information Management Profession
x Government Legal Profession
x Government Occupational Psychology Profession
x Government Operational Research Service
x Government Planning Inspectors
x Government Planning Profession
x Government Property Profession
x Government Security Profession
x Government Science and Engineering Profession
x Government Social Research Profession
x Government Statistical Service Profession
x Government Tax Profession
x Government Veterinary Profession
x Human Resources Profession
x Intelligence Analysis
x Internal Audit Profession
x Medical Profession
x Operational Delivery Profession
x Policy Profession
x Procurement Profession
x Project Delivery Profession
Self-Instructional
62 Material
In most cases membership of professions is open to anyone working in British Parliamentary
government departments, agencies or non departmental public bodies. Some and Civil Service
professions also permit membership to professionals outside of government, such
as the wider public sector. In general they:
NOTES
x provide a governance structure
x raise standards
x provide career development opportunities
x promote collaboration
Check Your Progress

1. Who appoints the British Commissioner for Standards in the House of
Commons?
2. When was the post of Lords Commissioner for Standards created?
3. Who is the current Parliamentary Commissioner for Standards in the House
of Commons?
4. What are the responsibilities of the House of Lords Commissioner for
Standards?
5. Who is the current House of Lords Commissioner for Standards?
6. What are the objectives that the Exchequer attempts to achieve?

QUESTIONS
1. The Parliamentary Commissioner for Standards is appointed by a Resolution

of the House of Commons for a fixed term of 5 years and is an independent
officer of the House
2. The post of Lords Commissioner for Standards was created in 2010.
3. The current Parliamentary Commissioner for Standards in the House of
Commons is Kathryn Stone OBE.
4. The House of Lords Commissioner for Standards is responsible for the
independent and impartial investigation of alleged breaches of the House of
Lords Code of Conduct. This includes investigating breaches of the rules
on members’ financial support, use of parliamentary facilities and treatment
of those with whom they come into contact in the course of their parliamentary
duties and activities.
Self-Instructional
Material 63
British Parliamentary 5. The current House of Lords Commissioner for Standards is Lucy Scott-
and Civil Service Moncrieff CBE.
6. The objectives of the Exchequer are:
NOTES (i) Place the public finances on a sustainable footing
(ii) Ensure the stability of the macro-economic environment and financial
system, enabling strong, sustainable and balanced growth
(iii) Increase employment and productivity, and ensure strong growth and
competitiveness across all regions of the UK through a comprehensive
package of structural reforms
4.6 SUMMARY
x The Parliamentary Commissioner for Standards is an officer of the British

House of Commons. The Commissioner is in charge of regulating MPs’
conduct and propriety.
x The Parliamentary Commissioner for Standards is appointed by a Resolution
of the House of Commons for a fixed term of 5 years and is an independent
officer of the House.
x The Code of Conduct describes the responsibilities that MPs have as
Members of the House and are based on a set of principles. It also describes
the procedure for the investigation of complaints.
x The House of Lords Commissioner for Standards is responsible for the
independent and impartial investigation of alleged breaches of the House of
Lords Code of Conduct. This includes investigating breaches of the rules
on members’ financial support, use of parliamentary facilities and treatment
of those with whom they come into contact in the course of their parliamentary
duties and activities.
x HM Treasury (Her Majesty’s Treasury), sometimes referred to as the
Exchequer, or more informally the Treasury, is the department of the
Government of the United Kingdom responsible for developing and executing
the government’s public finance policy and economic policy.
x Her Majesty’s Home Civil Service, also known as Her Majesty’s Civil
Service or the Home Civil Service, is the permanent bureaucracy or
secretariat of Crown employees that supports Her Majesty’s Government,
which is composed of a cabinet of ministers chosen by the Prime Minister
of the United Kingdom of Great Britain and Northern Ireland, as well as
two of the three devolved administrations: the Scottish Government and the
Welsh Government, but not the Northern Ireland Executive.
Self-Instructional
64 Material
x The Civil Service is made up of 25 professions. Each profession has British Parliamentary
developed its own competency framework, which supports the wider civil and Civil Service
service framework.
NOTES
4.7 KEY WORDS
x Resolution: A resolution is a written motion adopted by a deliberative

body. It is usually passed after taking a vote. They are are commonly used
in corporations and houses of legislature.
x Code of Conduct: The Code of Conduct describes the responsibilities
that MPs have as Members of the House and are based on a set of principles.
x Treasury: Treasury is the department of the Government of the United
Kingdom responsible for developing and executing the government’s public
finance policy and economic policy.
x Functional Model: The functional model attempts to give a structure to
Civil Service developing areas of expertise. To create a more skilled and
unified organisation to transform services and achieve significant savings for
the taxpayer, these cross-government functions provide professional services
and support to departments.

EXERCISES
1. Write a short note on the appointment of the Parliamentary Commissioner
for Standards.
2. What are the responsibilities of the House of Lords Commissioner for
Standards?
3. How does the functional model provide assistance to the British Civil Service?
4. Write a short note on the professions that come under the purview of the
British Civil Service.
1. Discuss the functions of the Parliamentary Commissioner for Standards.
2. Analyse the responsibilities of the Exchequer.
3. Examine the role and responsibilities of the British Civil Service.
Self-Instructional
Material 65
British Parliamentary
Commissioner, Treasury 4.9 FURTHER READINGS
and Civil Service

NOTES Theory. Boston: Little Brown Publishers.
Jersey: Free Press.
York: Free Press.
Self-Instructional
66 Material

Unit 3 - USA, UK

Uploaded by

Copyright:

Available Formats

Unit 3 - USA, UK

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Unit 3 - USA, UK

Uploaded by

Copyright:

Available Formats

Administrative System

After going through this unit, you will be able to:

The dilemma of recognizing the major determinants of political behaviour is complex

Check Your Progress

The Speaker of the United States House of Representatives, or Speaker of the

1.4 ANSWERS TO CHECK YOUR PROGRESS

1. One of the prominent feature of the US Constitution is the balance of power

x The US grew out of various colonial communities, expanding progressively

x Federalism: Federalism refers to a type of government in which the power

1.7 SELF ASSESSMENT QUESTIONS AND

1.8 FURTHER READINGS

Almond, Gabriel Abraham. 1970. Political Development: Essays in Heuristic

UNIT 2 THE AMERICAN and the American Civil

PRESIDENT AND THE

After going through this unit, you will be able to:

2.2 EXECUTIVE OFFICE OF THE PRESIDENT

2.3 AMERICAN CIVIL SERVICE

Check Your Progress

NOTES 1. The new president is sworn into his office on 20 January.

x Impeachment: Impeachment is the process by which a legislative body

2.7 SELF ASSESSMENT QUESTIONS AND

2.8 FURTHER READINGS

Almond, Gabriel Abraham. 1970. Political Development: Essays in Heuristic

After going through this unit, you will be able to:

The following are the salient features of the British Constitution:

3.3 BRITISH GOVERNMENT: PARLIAMENT

Check Your Progress

3.4 BRITISH CROWN

Check Your Progress

3.6 THE PRIME MINISTER

Check Your Progress

3.7 ANSWERS TO CHECK YOUR PROGRESS

1. The two features of the British Constitution are given below:

x Unlike the Indian Constitution, the British Constitution is unwritten. The

3.9 KEY WORDS

x Aristocracy: Aristocracy refers to the highest class in certain societies,

3.10 SELF ASSESSMENT QUESTIONS AND

4. Describe the functions of the Prime Minister.

3.11 FURTHER READINGS

Almond, Gabriel Abraham. 1970. Political Development: Essays in Heuristic

After going through this unit, you will be able to:

4.2 BRITISH PARLIAMENTARY COMMISSIONER

The Parliamentary Commissioner for Standards is an officer of the British House

HM Treasury (Her Majesty’s Treasury), sometimes referred to as the Exchequer,

4.4 BRITISH CIVIL SERVICE

Check Your Progress

4.5 ANSWERS TO CHECK YOUR PROGRESS

1. The Parliamentary Commissioner for Standards is appointed by a Resolution

x The Parliamentary Commissioner for Standards is an officer of the British

x Resolution: A resolution is a written motion adopted by a deliberative

4.8 SELF ASSESSMENT QUESTIONS AND

Almond, Gabriel Abraham. 1970. Political Development: Essays in Heuristic

You might also like