Beruflich Dokumente
Kultur Dokumente
Submitted by
Anurag Pandey
Roll Number: 21
B.A. LL.B. (Hons.)
III Semester
Batch: 2014-19
Of Law School,
Banaras Hindu University, Varanasi.
In
October, 2015
Under the guidance of
Prof. V. S. Mishra
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CERTIFICATE
The project entitled Merits, Demerits and Suitability of Parliamentary Form of
Government to the Indian Environment: A Critique submitted to Law School,
Banaras Hindu University for Constitutional Law I, as part of Internal assessment
is based on my original work carried out under the guidance of Prof. V. S. Mishra
during the III Semester. The research work has not been submitted elsewhere for
award of any degree. The material borrowed from other sources and incorporated
in the thesis has been duly acknowledged. I understand that I myself could be held
responsible and accountable for plagiarism, if any, detected later on.
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ACKNOWLEDGEMENT
I would like to take this opportunity to express my sincere and profound gratitude
to my guide and mentor for this subject Prof. V. S. Mishra for his guidance and
constant encouragement throughout the course of my work. He gladly accepted all
the pains in going through my work, and participated in enlightening and
motivating discussions, which were extremely helpful.
I humbly extend my words of gratitude to other faculty members, teachers and
administration of the department for promising me the valuable help and time
whenever it was required.
I would like to express my deepest sense of appreciation to my family members
and mates for their constant encouragement and support, and finally thanks to the
almighty strength which inspired and continues to inspire me greatly.
India.......................................................................................... 7
YThe Parliamentary System.........................................................9
YAdvantages of the Parliamentary System of Government..........11
YDisadvantages of the Parliamentary System of Government......13
YArguments against Parliamentary System of Government.........15
YArguments in Favour of Parliamentary System of Government...17
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Abstract
This paper attempts to illustrate the efficiency of Parliamentary form of democracy
in the Indian polity and culture. It also enunciates the comparison of it with the
Presidential form of democracy in U.S.A. This paper would emphasize on the
factors that drove India to adopt the Parliamentary system of government and how
the Constitution of our country is conducive to this political system. The researcher
would analyze the impacts and repercussions if Presidential form of government is
adopted and practiced in India. Indians usually comment against the existing
political system and hence there are a lot of opinions and arguments both for and
against the existing form of democracy in the country. Due to the decline in the
efficiency of the Parliament as an institution of accountability, the purpose served
by the Parliamentary system, this issue has become a matter of great debate and
discussion and hence, the researcher took up this topic. This paper will assess the
competency of the Parliamentary system with respect to Presidential system in
India by focusing on the relationship between the Executive and the Legislature,
mainly at the Union level.
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Introduction
The Parliamentary system of government refers to a system of government having
the real executive power vested in a cabinet composed of members of the
legislature who are individually and collectively responsible to the legislature.1
That means it is a kind of democracy where the executive and legislature are interconnected and the former obtains its democratic legitimacy2 from, and is held
accountable to, the legislature and therefore, the opposition always keeps it alert
for it always lives in the shadow of a coming defeat.3
The emergency regime of Mrs. Indira Gandhi between 1975-1977 called for a
serious discussion over the form of government in India. The demand for the
change came from the supporters of the emergency regime who argued that the
unrest and divisiveness in the country that had preceded the declaration of a
national emergency in June 1975 indicated the failure of the parliamentary
system.4 It was suggested that, in order to prevent the recurrence of similar
situations, India should adopt a stronger presidential rule in the country.
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are at loggerheads for a period of three or four years till either the legislature is
renewed or the president is re- elected, the whole thing will be a deadlock.6
6 Ibid, 3
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The Constitution of India rejected the Presidential system as in the U.S.A. on the
grounds that under such a system, the Executive and the Legislatures are
separate from and independent of each other, which is likely to cause conflicts
between them, which our infant democracy could ill-afford to risk.7
Therefore, the familiarity of the Indian polity with the working of the British
system of government, representation of diverse interest groups, fear of dead-lock
between the executive and legislature- all led to the adoption of the parliamentary
system of government in India by the Constituent Assembly.
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8 Devesh Kapur And Pratap Bhanu Mehta, The Indian Parliament As An Institution Of
Accountability, United Nations Research Institute for Social Development, January
2006
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The above are the essential features of the Parliamentary system of government in
India. Therefore, it can be said that this form of democracy rests on the Body of
representatives or Political Parties elected by the people of the country. The
Indian Constitution has various provisions facilitating the parliamentary system. It
has also been held by the Supreme Court of our country that the Parliamentary
system forms the basic structure of our constitution and therefore, many legal
problems might arise if any switch from the present system is made.
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This control over the executive keeps it on its toes and ensures that there is no
misuse of powers and funds. The more mistake the executive commits, the less
popular it gets and more confrontation by the opposition and hence it becomes
vulnerable to the restraint of funds and collapse of the government.
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Disadvantages of the
Parliamentary System of
Government:
There is no system which can be completely fool proof. Irrespective of the
soundness of this system, there are certain flaws of this system which are as
follows:
1. Absolute Majority- In case there is absolute majority enjoyed by the
government in the legislature, then the executive may become
virtually dictatorial11. It may become whimsical and corrupt in using
its powers without caring about the liberty and rights of the people.
2. Politicization of Administration- The executive is bound to take
political considerations into account before implementing any policy
and decision. This can be said for the opposition too as it may oppose
the government merely for the sake of politics rather than offering
constructive criticism after looking into the working of the government
and interest of the people. This may simply fail the purpose of
democracy as people suffer at the cost of political considerations and
actions.
3. Unsuitable for Multi-party system- In a country like India where
there are multiple parties contesting elections, there is no absolute
majority to one party and this leads to the formation of a coalition
government which is highly unstable and chaotic. The leader is also
chosen after political considerations and there is no autonomy and
efficiency in the government. Dual party system is the essence of
parliamentary system as in Great Britain. India has witnessed a high
level of political instability due to the presence of numerous parties
and this makes the system flawed, chaotic and confused.
4. Emergencies- Professor Dicey has pointed out that the Parliamentary
system fails to respond properly to the critical situations since the
Prime Minister has to consider the party and every political outcome
before coming to a decision. Also, the members of the Parliament are
not always unanimous to a particular decision. This may make the
situation even worse and uncontrollable.
11 Rohini Dasgupta, Notes on Parliamentary Form of Government in India, As on
28/02/2014, available at http;//www.indiaBIX.com, Last seen on 09/10/2015.
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Therefore, we see that within the enlisted benefits of the parliamentary system,
there are flaws and lacuna too. This makes the system questionable and calls for a
consideration over another form of democracy in India, i.e., Presidential System of
Government.
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Mere Politics- The anti-parliamentary group also argues that the bane
of Indian politics is the existence of multiple parties which call for
coalitions. This way there is no sense of belongingness among the
members and there is only politics and trading of support 16 among
the parties. There is no consideration of development and welfare. The
Presidential system, on the other hand overcomes this problem
owing to its feature of fixed tenure of the President in normal
circumstances.
Owing to the above arguments, there is a claim made that the Presidential system
would be better than the existing Parliamentary government in India. All the
aforementioned arguments have been very well answered by the proParliamentarian democracy group. Their arguments follow on the next page.
16 Ibid at 5
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Arguments in Favour of
Parliamentary System of
Government:17
Comparing this with the presidential system wherein the only legal recourse is
through the process of impeachment, which is too difficult to be successful, leaving
the people with the option of either waiting until the end of the term or forcefully
removing the leader through a risky revolution like coup dtat, which are certainly
undesirable.
17 Supra note 5 at 7.
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Deadlocks are not feasible- For a country like India, deadlocks and
conflicts arising out of the Presidential system due to separation of
power is not affordable at all. Referring to the recent event of
deadlock of Congress in the U.S.A. between the Democrats and
Republicans, President Obama said, shutdown will have a real
economic impact on real people, right away, with hundreds thousands
of federal workers furloughed and veterans centers, national parks,
most of the space agency and other government operations
shuttered18. This clearly depicts that it creates a highly critical
situation for the country, stagnating all its activities. This is surely
overcome by the Parliamentary system.
18
http://www.senate.gov/artandhistory/common/briefing/Senate_Deadlock_2013.htm,
Last seen on 11/10/2015.
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our nation, since 1951, the emphasis was laid down on heavy industries in order to
make the manufacturing sector the backbone of the Indian economy. The
agricultural sector comprised 60% and service sector a mere 30% in the 50s. India
was then at the beginning stage to emerge as a planned economy and it had started
its journey afresh in those days. There were a lot of hindrances to the development
of the economy including the political obstacles towards opening up to the world
through international trade. Main focus was laid down on the domestic industries
and products in an effort to pace the economic growth.
In 1971, the Congress government came back to power with majority having Mrs.
Indira Gandhi as the PM. Her regime turned out to be more of a dictatorial one
than a democratic system. She was found guilty of misusing her powers in the
election process by the Allahabad High Court. Our then President, Fakhruddin Ali
Ahmed declared the Emergency under Article 352 of the Indian Constitution. This
proclamation gave the powers to the Union Government to maintain and defend
the law and order in the nation. Mrs. Indira Gandhi postponed the national and
state elections and suspended many of the civil liberties on the grounds of threat to
national security and crush of law and order in the country. The situation was
criminalized and became serious in those days. Protests, strikes, imprisonment,
postponements, arbitrary decisions and abuse of power characterized that era.
However, many socialist economic policies were introduced enhancing the
industrial and agricultural productivity and employment generation. Mrs. Gandhi
called for elections in the year 1977, and was defeated by the Janata Party. People
wondered how Indian democracy could survive, but it has strengthened.20
1980s saw the death of Mrs. Indira Gandhi, the Congress Government coming
back to power and Rajiv Gandhi, being the youngest PM of India which brought a
youthful insight in the country as well as in the polity. The government attained an
absolute majority of over 415 seats out of 545 in the Indian Parliament. Under his
leadership, there was a relaxation of the economic policies and encouraged foreign
investments through abolishment of license raj system, restrictions on imports and
foreign currency.
20 Sanjay Kumar, The Changing Face of Indian Legislative Assemblies, Published in the year
2009, available at http://archive.thedailystar.net/beta2/news/the-unfolding-scenario-ofindian-politics/, Last seen on 12/10/2015.
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The conditions since independence have not been so good. Even today, one-third
of worlds poor are found in India. Although the life expectancy has increased to
62 years from 32 years since independence, the infant-mortality rate which is 50
deaths per 1000 births holds the highest rate in the world. As per Pramod Paliwal,
the secretary of the Jaipur-based Indian Institute of Rural Development, a nonprofit focusing on rural healthcare, Lack of government spending is largely to
blame for our ailing healthcare system, said. According to a Paris-based
Organization for Economic Cooperation and Development, India spends only 1%
of its GDP in the healthcare sector. Because of lack of modernization of the Indian
economy, more than half of our population is still employed in the agricultural
sector, making it overburdened and less productive. India ranked 132 out of 187
countries on the UNDPs gender inequality index in 2013. Literacy levels have
increased from 16% in 1951 to about 74% in 2011 as per the statistics.
Summarizing the said developments, we see that while there was an absolute
majority in the legislature, there was stability and favourable political atmosphere
for economic growth and development of the country.
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CONCLUSION
Indias tryst with democracy began with its efforts to overcome the colonial legacy
marked by underdevelopment, poverty, illiteracy and social and economic
inequalities. Democracy was construed as a flexible system wherein every citizen
makes his/her contribution to the society. However, the past few decades since
independence have clearly demonstrated that in India, democracy has failed to
deliver its purpose, both theoretically and practically. In the present context of
rapid degradation of democratic norms, criminalization of politics, corruption in
the legal, executive and political sects of the government meant for facilitating and
catering to peoples needs and open violation of electoral reforms, alternative
forms of democracy have become increasingly needed in India. The alternative
form of democracy that could be made applicable in India is that of Participatory
Democracy.
Suggestions:
Participatory democracy is seen as a form of social action and political practice
expanding the arena of politics beyond the representational institutions of
elections, political parties and the bureaucracy.21 The Participatory democracy is
inclusive of deliberative, consensus, anticipatory and semi-direct democracy.
However, the researcher recommends the Semi-direct Democracy or SemiPresidential system of democracy in India like it has been adopted in France. In
such a system, the balance of power shifts decisively from the politicians to the
citizens where it truly belongs. This form of system is effective and desirable since
it is not a fully Presidential form of democracy, nor it is as similar to the present
Parliamentary system. This will increase the role of common man in the matters of
public concern and importance. The President shall be made more powerful and
responsible. People will be able to elect their head of the executive as well as the
State. The active role of the president will ensure smooth functioning of the three
organs of the government. This idea of participatory democracy was central to
Gandhijis political thinking and practice. It features public participation, Rule of
law, transparency, responsiveness, consensus of the public and the three organs,
efficiency and accountability. Thus, this form of democracy will be a key to
21 Renu Vinods article in Quest for Participatory Democracy, Rawat
Publications, 2010.
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Such an adoption will require the amendment of the Constitution. Since the
constitution has already been amended multiple times by the legislature, another
amendment for the benefit and in the interest of the public would not be
objectionable. Also, to implement the idea of participatory democracy,
technological resources can be used to enhance the role of people in the election
and decision making processes and look into their interest and political and social
destiny. Internet has a great role and ease to deliver in such a case. An online
voting mechanism can be introduced for the purpose of peoples will and views in
major areas. Today, internet has reached almost every district of India and its
usability and connectivity would be effective in this regard. People would be able
to vote and participate without any harassment. This will entail a fairer and a more
appropriate approach to the prevailing demands and needs. Therefore, semi-direct
democracy type of participatory democracy along with technology would be in the
interest of the nation.
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Bibliography
The relevant sources in the form of articles, website, books and journals have been
simultaneously cited at the bottom of the pages itself for the convenience of the
reader.