FEATURES OF PRESIDENTAL FORM OF GOVERNMENT

MANIPAL UNIVERSITY JAIPUR

SCHOOL OF LAW

Submitted To : Submitted By :
Mrs. Radhika Mohan Gupta Rohit Bishnoi
161401079
BA.LL.B (Hons)
Semester - III
Section - B

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 CERTIFICATE

This is to certify that the project entitled, A study on law relating to risk prima facie passes
with property submitted by ROHIT BISHNOI in partial fulfilment of the requirement for
the award of BA.LLB (HONOURS) at the MANIPAL UNIVERSITY JAIPUR is an
authentic work carried out by her under my supervision and guidance.

To the best of my knowledge, the matter embodied in the project has not been submitted to
any other University / Institute for the award of any Degree or Diploma in the year 2017-
2018.

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 ACKNOWLEDGEMENT

In performing our assignment, I had to take the help and guidance of some respected persons
who deserve our greatest gratitude. The completion of this assignment gives me much
pleasure. I would like to show our gratitude to Mrs. Radhika Mohan Gupta, Course
Instructor, and Manipal University Jaipur for giving us good guideline for assignment
throughout numerous consultations. I would also like to expand our deepest gratitude to all
those who have directly and indirectly guided us in writing this assignment.

In addition, a thank you to the Professor who introduced us to the Methodology of work and
whose passion for the underlying structures had lasting effect. I also thank the Manipal
University Jaipur for the consent to include the copyrighted pictures as a part of our paper.

Many people, especially our classmates and team members itself have made valuable
comment suggestions on this proposal which gave us inspiration to improve our assignment. I
thank all the people for their help directly and indirectly to complete our assignment.

ROHIT BISHNOI

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 Table of Contents

CERTIFICATE ..................................................................................................................................... 2
ACKNOWLEDGEMENT .................................................................................................................... 3
INTRODUCTION................................................................................................................................. 5
Sociological Jurisprudence .................................................................... Error! Bookmark not defined.
Sociological Approach Nature and Meaning .................................... Error! Bookmark not defined.
Characteristics of Sociological Jurisprudence .................................... Error! Bookmark not defined.
Background ........................................................................................ Error! Bookmark not defined.
Scope ....................................................................................................... Error! Bookmark not defined.
Objective ................................................................................................. Error! Bookmark not defined.
The main field of study effect of law and society on each other...... Error! Bookmark not defined.
Backdrops of Sociological Jurisprudence ............................................ Error! Bookmark not defined.
Emergence of Sociological Jurisprudence ........................................... Error! Bookmark not defined.
Conclusion .............................................................................................. Error! Bookmark not defined.
WEBLIOGRAPHY................................................................................ Error! Bookmark not defined.
BIBLIOGRAPHY .................................................................................. Error! Bookmark not defined.

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 INTRODUCTION

President is the Real Head:

In the Presidential system, the President is the real head. He is the head of state
as well as the head of government.

Separation of Powers:
There is separation of powers. The President is elected by people. Neither he
nor his ministers are drawn from the legislature. They are not accountable to it.
They are independent of the legislature. He has a fixed tenure. He cannot be
easily ousted from office by the legislature. The only method of his ouster from
office is impeachment which is a very difficult process.
On the other hand, the President also cannot dissolve the legislature. Further,
the judiciary is independent of both the executive and the legislature. Thus,
there is not only separation of powers, but also check and balance in the
Presidential system.

Ministers are Accountable to the President:

The President appoints his ministers (or secretaries) who stay in office during
his pleasure. They do not belong to the legislature. Nor are they responsible to
it. They are appointed on the basis of their experience and expertise. They are
'President's men'. He can remove them from office if he is not happy with them.

Merits:

1. More Democratic:
Because of the twin principles of separation of powers and check and balance,
there is no concentration of powers in the same man or in the same body. As a
result, there is more of democracy in this system.
2. Stability and Continuity:
As both the President and the legislature enjoy fixed terms of office, there is
political stability. There is continuity of policy. Further, the government can
think of long-term policies.
3. People's President:

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In the USA, the President is directly elected by people. He has thus reason to
think that he enjoys more of people's confidence and support than the Prime
Minister in the Parliamentary system.
4. More Efficient:
The President is free to choose his ministers. (Or secretaries as they are called in
America.) The Senate, the Upper House of American Congress, may or may not
ratify such appointments, but it cannot impose its choice on the President.
The President has thus the freedom to appoint very competent persons as his
Ministers or Secretaries on the basis of their experience and expertise. They are
accountable only to the President and not to the Congress. As a result, they have
time to concentrate on their work and to do their duty efficiently.
5. Prompt and Bold Decisions:
The President, being all powerful, is in a position to take bold and prompt
decisions. His ministers, being subordinate to him, cannot tie hands. They may
advise him, but they have to implement his decisions.
6. Best suited to Deal with Emergencies:
This system is more effective in tackling emergencies as there is unity of
control and concentration of executive powers in person (President). He can
react quickly to any national crisis by taking prompt decisions. There is hardly
any need for him to convince others on the spot that the decision he going to
take is good for the nation.
7. More Suitable for Multi-Party System:
The multiparty system is prone to political instability. Political parties with
different interests pull the political system in diff directions. In order to check
this, there is the need of a strong executive and the President government is best
suited to establish stability in a multiparty system.
8. Symbol of National Unity and Integrity:
The Presidential executive is of help in forging unity in the nation consisting of
diverse regions, communities and cult As he is directly elected by people, they
look upon him as the symbol of their unity.

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Demerits:

1.Dictatorial:
The Presidential executive is likely to be authoritarian. As all executive powers
are concentrated in the hands of the President and as he is not accountable to
legislature, he may be tempted to abuse powers and behave in a dictatorial
manner.
2.Conflict and Deadlock:
As the President and his ministers are not members of legislature, they find it
difficult to persuade the members of the latter to accept' proposals. The
legislature is inclined to find fault with the President, and vice versa. conflict
between the executive and the legislature leads to deadlock in the
administration.
3.Absence of Accountability:
The executive is not accountable to the legislature. Nor is it accountable to
people. The people of America directly elect their President, they cannot recall
him even if they find him incompetent or dishonest or useless. President can be
removed from office by the legislature through impeachment. impeachment is a
very difficult process.
4.Rigidity:
The Presidential system is too rigid to adapt itself to sudden changes in
circumstances. To manage a crisis, the ministers including the Prime Minister in
Parliamentary system can be replaced. But, however great the need, the
President in a Presidential system cannot be replaced during his tenure.
5.Weak Foreign Policy:
In the field of foreign policy, the President of the US has handicaps. He has no
power to declare a war even when his country is attacked by enemy. This power
belongs to the US Congress. Similarly, the treaty that he may conclude with
another country is not valid if it is not ratified by the Senate.
There is thus some validity in the comment of Gamer that the Presidential
system government is 'autocratic, irresponsible and dangerous'.