RTUEE / EC / EEEYr 2023 · Sem 52023

Q5Indian Constitution

Question

10 marks

Q.5. [CO3] (K2) Give a comparative study of Parliamentary and Presidential form of Government.

Answer

The Parliamentary system fuses executive and legislature with collective responsibility to the legislature (as in India/UK), while the Presidential system separates executive and legislature into independently elected, fixed-term branches with checks and balances (as in the USA); each offers distinct trade-offs in accountability, stability and efficiency.

The Parliamentary form of government, adopted by India and originating in Britain, is characterized by a fusion of the executive and legislative branches: the executive (Prime Minister and Council of Ministers) is drawn from, and remains a part of, the legislature, and is collectively and continuously responsible to it. The head of state (President/monarch) is a ceremonial figure separate from the head of government (Prime Minister), who wields real executive power only so long as they command the confidence/majority support of the legislature. The Presidential form of government, exemplified by the United States, is characterized by a strict separation of powers: the President is directly (or through an electoral college) elected by the people for a fixed term, is simultaneously the head of state and head of government, and is not a member of nor directly responsible to the legislature (Congress) for continuation in office.

Stability versus accountability trade-off: the Presidential system offers greater stability of tenure, since the President cannot be removed by a legislative no-confidence vote and serves a fixed term regardless of shifting legislative majorities, providing continuity especially valuable during crises. The Parliamentary system, by contrast, offers greater day-to-day accountability, since the government can be removed at any time it loses legislative confidence, but this comes at the cost of potential instability (frequent changes of government, as historically seen in India during periods of coalition politics, e.g., 1989-1999).

Separation of powers versus fusion: the Presidential system maintains a rigid separation between the legislative and executive branches, with each having independent checks on the other (Congressional oversight, presidential veto, judicial review), reducing the risk of executive overreach but sometimes producing legislative gridlock when the President's party does not control Congress. The Parliamentary system fuses the two branches, generally enabling smoother, faster passage of the executive's legislative agenda when it commands a majority, but with a corresponding risk that the concentration of both executive and legislative power in the same governing party/coalition can weaken effective checks, partially offset in India by an independent judiciary, a free press, and federal division of powers.

Election and legitimacy: in the Presidential system, the President derives an independent popular mandate through direct election, distinct from and sometimes even opposed to that of the legislature; in the Parliamentary system, the Prime Minister's legitimacy is entirely derivative of, and contingent on, legislative support, meaning there is no independent 'presidential' mandate competing with Parliament's authority. India's Constituent Assembly, guided substantially by Dr. B.R. Ambedkar, deliberately chose the Parliamentary model over the Presidential model specifically for its greater responsibility and accountability of the executive to elected representatives on a continuous basis, considering this more suited to a newly independent, socially diverse nation than a fixed-term Presidential system that could concentrate excessive, less accountable power in a single individual for a set period.

This choice has generally proven durable: India's Parliamentary system has survived numerous political crises, coalition governments, and changes of ruling party without any suspension of constitutional government (barring the 1975-77 Emergency, an aberration corrected through subsequent amendments strengthening safeguards against its recurrence), demonstrating that the accountability built into the Parliamentary model has functioned broadly as the Constitution's framers intended.

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