Session- 2019-20

ASSIGNMENT ON:-

MERITS AND DEMERITS OF PRESIDENTIAL FORM OF

GOVERNMENT

SUBMITTED BY:- SUBMITTED TO:-

Shreya chourasia Dr. Ved Prakash Sharma
(B.A.LLB 1ST SEMESTER)

CONTENTS
1. INTRODUCTION
2. HISTORY
3. FORMS OF GOVERNMENT
4. FEATURES OF PRESIDENTIAL FORM OF GOVERNMENT
5. MERITS AND DEMERITS OF PRESIDENTIAL FORM OF GOVERNMENT
6. CONCLUSION
 INTRODUCTION:

GOVERNMENT, the political system by which a country or community is administered and regulated.
Government is one of the important elements of the state. A state cannot be formed without a government.
The government is changeable and it may be of different forms. Different types of government can be seen
in different states in the world. In different times the thinkers have classified government in different ways.

CLASSIFICATION OF GOVERNMENT

 Ancient classification

In ancient time Aristotle classified government on the basis of the principal of number and the principle of
purpose. On the basis of the principal purpose, the government is of two types- Normal form of government
is one when the ultimate aim of the government is the welfare of the people.

The perverted form of government is one when the government seeks to promote the personal interest or the
group interest of the rulers. Aristotle considered Aristocracy as the best and the polity as the most practical
form of government.

 Modern Classification

Political scientists Montesque, Rousseau, Marriot and Leacock have classified the government. Leacock
has classified government in the following way:

1. On the basis of the location of sovereign power, government is divided into two classes- Dictatorship and
Democracy.
2. On the basis of the method of acquiring power by the head of the state, the democratic government may be
divided into two divisions:
a) Constitutional Monarchy and
b) The Republic.

3. On the basis of the relation between the executive and the Legislative, the democratic government may be
divided inti two categories:
a) Parliamentary form of government and
b) Presidential form of government.

4. On the basis of distribution of power between the centre and the province, the government is divided into
two divisions,
a) the Unitary and
b) Federal Government.
 HISTORY:
Most of the key words normally accustomed describe governments- word like autocracy, oligarchy, and
democracy – square measure of Greek or Roman origin. The United State of America is that the conceiver of
presidential pattern of presidency. The word president springs from Latin word ‘PRAESIDERE’ means
that "governor". The Americans made-up the presidential system in 1787 and think about it because
the best various for his or her decade-old fraying parliamentary structure. once gaining independence from
colonial rule, the thirteen yank colonies lived underneath the Articles of Confederation . however it provided
weak central government and lacked a good system for inter-state machinery. The central Government began
to collapse The constitutional framers knew that they had to return up with a far better and simpler system, a
system that has powers to require choices autonomously. Having lived underneath British people Constitution
for a couple of century, they knew the parliamentary variety of government wasn't the one that they're trying to
find.

They devised a revolutionary new system of robust however non-oppressive governments.The presidential

system grants restricted powers, empowers state governments, separates the 3 branches into totally
different establishments, allows the minority to form laws, grants judiciary the facility of review,
and especially, offers the folks an instantaneous say Direct elections in the least levels of presidency – federal,
state, and native – is that this system’s best noted feature.

The yank presidential system isn't authoritarian. the final depiction of America’s president as “the most

powerful man on the planet” has created AN inaccurate impression of autocracy. however nothing might
be farther from the reality. In 225 years, no yank president has even been suspect of autocratic behavior.
Power during this system cannot realize a put attentiveness. this method makes it structurally not
possible, thanks to its powerful state governments, division of paying and heavy authorities, and separation of
the powers of weapon and purse.

FORM OF GOVERNMENT:

PRESIDENTIAL FORM OF GOVERNMENT

The presidential system is a form of government in which the president is the chief executive and is elected
directly by the people. In this system all three branches- Executive, Legislative, and Judiciary- are
constitutionally independent of each other, and no branch can dismiss or dissolve any other. The president is
responsible for enforcing laws, the legislature for making them, and the courts for judging. Each is given power
to check and balance the others.

This system was invented by America’s founders to provide an alternative to the parliamentary form of
government. It became known as ‘presidential’ because a directly elected president was its most salient
difference. This doesn’t mean that the president holds supremacy like the prime minister or parliament. In fact,
power in the presidential system is divided among many, so no individual or institution can ever become
supreme

This rejection of legislative supremacy is not the only fundamental difference. Since the presidential system was
designed for a full republic, not a constitutional monarchy, it doesn’t have a head of state. The government is
not just an executive committee called the cabinet, it’s all three branches. The President, congress ( with two
chambers: House of representatives and Senate) and supreme court, work together to constitute a government,
and all report directly to the people. Elections are therefore held more frequently than the parliamentary system;
every two years for the legislature, and every four for the presidency. The president and legislators are elected
for fixed terms. The judges are appointed for life, jointly by the president, who nominates, and the senate, which
approves.

Total executive responsibility is assigned to the president as an individual, not collectively to a council of
ministers, as in the parliamentary system. The president’s cabinet is not made of legislators but of any
individuals considerable by the president and approved by the senate. In fact, legislators are barred from
holding executive offices, and vice versa. Conversely, the president cannot make laws. He can veto, but the
legislature can override if there is broad consensus.

Another big difference is with respect to state government. The presidential system is designed for a federation,
not for running states from the center. Accordingly, its state governments are independent, cannot be dissolved,
and are required to be self sufficient. Federal and state governments are granted separate and specific powers;
residual powers are left with the states.

The Americans invented the presidential system in 1787 to replace their decade- old fraying structure. After
gaining independence, the 13 American colonies lived under the Articles of Confederation. But that provided a
weak central government and lacked a fair system for interstate cooperation. The union began to fall apart. The
founders knew they had to come up with a better system. Having lived under the British constitution all their
lives, they knew the parliamentary form of government was not the answer.

They devised a revolutionary new system of strong but non- oppressive governments. The presidential system
grants limited powers, empowers state government, separates the three branches into different institutions,
enables the minority to make laws, grants judiciary the power of review, and above all, gives the people a direct
say. Direct elections at all levels of government- federal, state, and local- is this system’s best known feature.

Many nations have a so- called presidential system, but America is the model to study. In almost all other
countries the powers are not as well balanced. The American system is not difficult to understand or replicate,
however it cannot be implemented piecemeal. Since it relies on institutions and their checks on each other, the
structure of every institution is equally important.

The American presidential system is not authoritarian. The general depiction of America’s president as ‘the
most powerful man on the planet’ has created an erroneous impression of autocracy. But nothing could be
farther from the truth. In 225 years, no American president has even been accused of autocatic behavior. Power
in this system cannot find a focal point. This system makes it structurally impossible, due to its powerful state
governments, division f spending and taxing authorities, and separation of the powers of sword and purse.

FEATURES OF PRESIDENTIAL FORM OF GOVERNMENT:

The presidential form of government is that in which the executive is not responsible to the legislature. An
example of such a system of government is the United States of America (U.S.A.)

ESSENTIAL FEATURES-
 Democratic Governments can have another form too. It is called the Presidential Form. U.S.A. has this
form of Government.
 In this form of Government the President is the head of the executive and is elected directly by the
people.
 president is the real executive. There is no nominal or ceremonial executive. All the powers are vested
in the hands of the president who is the head of state and head of government.
 The president is elected by the people and not by the legislative branch, which gives him independence
before this branch.
 The President has a body called Cabinet. Its members are known as secretaries. These secretaries are not
members of Congress (their Parliament). Thus the executive is not part of legislature.
 The president freely appoints and removes the secretaries of the state.
 Neither the president nor the secretaries of state are politically responsible before congress.
 Neither the president nor the secretaries of state, as a general rule, can be members of congress.
 The president can be affiliated to a political party different to that of the congress majority.
 The powers of the three organs namely, legislature, executive and judiciary are separated and vested in
different persons.
 Though the three organs of the government are kept apart, they are also connected by the system of
checks and balances. Each organ of government exercises checks on the other two organs so that a sort
of balance is established.
 The tenure of the president is fixed. The tenure of office cannot be lessened or increased under any
circumstances. The President being the real head of executive, can not be ordinarily removed from his
post. President can be removed by the legislature only by a process of impeachment.
MERITS OF A PRESIDENTIAL FORM OF GOVERNMENT

 A STABLE GOVERNMENT IS POSSIBLE

In this system the government is comparatively stable. The president cannot be removed except through
impeachment. As a result, long term development plans can be taken and it is possible to execute them.
At times of emergency this system is helpful as the president can take a quick decision. He does not hve
to take advice from anybody. In this system there is complete separation of power. So ,the Executive,
Legislative, and Judiciary departments are independent of each other and can work freely.

 THIS SYSTEM OF GOVERNMENT IS MOST SUITABLE FOR

EMERGENCIES:

In a presidential form of government, real powers of the government are in the hands of the president.
During war and emergency, after consulting his secretaries, he can take a number of decisions
independently. During war and emergency, the congress also delegates its numerous powers to the
president. In this way the president can face the war and emergency firmly. During World War first and
second, the American presidents acted in a similar manner.

 IT LEADS TO THE EFFICIENCY IN ADMINISTRATION:

Since the presidents appoint their secretaries on the basis of ability and not on political basis; they are
responsible to the president and not to the parliament. Thus, they pay full attention to the
administration ,which creates efficiency in the administration.

 LESS INFLUENCE OF PARTIES:

As compared to the parliamentary government there's less influence of parties during this system. the

rationale for this is often that the complete administration is within the hands of the president,
who, when having been elective , doesn't rely upon the bulk support within the parliament.

 THIS TYPE OF GOVERNMENT IS BASED ON THE THEORY OF

SEPARATION OF POWERS:

For maintaining independence of every organ of administration the separation of powers was thought-

about essential in America. so in America each organ of the govt. performs its own operate. However, so
 as to examine the absolutism of 1 organ of the govt. the start fathers of the yank constitution, introduced
the system, of checks and balances.

 MOST SUITABLE FOR MULTIPLE PARTY SYSTEM:

When there is a multiple party-system, there the government changes very often, just as in Pakistan prior
to 1958. But in a presidential system, the government do not change so quickly, because all powers of
the administration are in the hands of the president.
He has not to depend upon the support of the majority party in the parliament, as he is elected by the
people or their representatives for a fixed tenure The chief merit of this system lies in the fact that it
establishes a stable executive which does not depend upon the fluctuating will of the legislature. The
tenure of the executive is fixed and, therefore, the policy is carried without any fear or favour. Further, a
fixed tenure of office means a greater continuity of policies and programmes and higher standard of
administration.
 PRESIDENTIAL SYSTEM ALLOW FOR THE SEPARATION OF POWER AS
THE LEGISLATURE IS A COMPLETELY DIFFERENT STRUCTURE AND
INSTITUTION:

There is a separation of powers in the Presidential government. In this system the executive and
legislature are separate from each other and they have equal status. This allows a system of check and
balances to be created, allowing one to monitor the other. Speed and decisiveness can be seen as a
positive characteristics of a presidential system, as president usually have stronger constitutional powers
allowing them to spearhead reform and enact change swiftly.

 ANOTHER ADVANTAGE OF A PRESIDENTIAL SYSTEM:

In a Presidential government, the President enjoys real powers of the administration and he exercises all
those powers, which are given to him under the constitution and the law. In a Presidential government
there is no Prime Minster. The secretaries help the president in the administration and they are appointed
by him on the basis of ability. It depends upon the will of the president to accept or reject their advice.
In a parliamentary government, though constitutionally the Head of the State (President, King or
Governor-General) has many powers, yet in practice these powers are enjoyed by his ministers. Thus, in
practice the President has only nominal powers and real powers lie with the Prime Minister or his
ministers.

 IN A PRESIDENTIAL GOVERNMENT THE PRESIDENT AND HIS

SECRETARIES ARE NOT RESPONSIBLE TO THE LEGISLATURE:

The legislature cannot remove them through a vote of no-confidence. Moreover, an adjournment motion
or a censure motion cannot be brought against them. The President and his secretaries are not the
members of legislature and they do not attend its sessions. Thus, they cannot be asked questions and
supplementary questions. In a Parliamentary government the Prime Minister and other ministers are the
members of either House of the Parliament and any-one who is not the member of the Parliament, he or
she has to seek the membership within a specified period of time. They attend the sessions of the
 Parliament and answer the questions and supplementary questions. They place bills before the
parliament and make statements relating to policies. A vote of no confidence, adjournment motion and
censure motion can be brought against them.

 TENURE AND IMPEACHMENT PROCESS:

In a Presidential government, the President is elected for a fixed tenure and except impeachment for the
violation of the constitution; he cannot be removed from his office before the expiry of his term. In a
parliamentary government, though similar is the position of the President, yet the Prime Minister can be
removed only through a vote of no-confidence by the Parliament? At present Presidential government is
seen in the United States of America, Brazil and in the some other countries of South America.

DEMERITS OF PRESIDENTIAL FORM OF GOVERNMENT:

 IN THIS SYSTEM OF GOVERNMENT THE PRESIDENT ENJOYS WIDE POWERS

AND HE CAN HAVE HIS OWN WAY IN MANY MATTER:

ESMEIN Says, that the presidential system appears to be “autocratic, irresponsible and dangerous.” It
is autocratic because the President is empowered to act more or less as he pleases. It is irresponsible
because the executive is made independent of the legislature. It is dangerous because there is no
effective means by which the responsibility for the exercise of power may be ensured.
In a Presidential Government, many executive, financial and legal powers are concentrated in
the hands of the President and he can use his discretion in many matters. In America, the
Congress has no control over the daily administration. It has constitutional control, which is
limited to certain special matters. During war and emergency, the Congress delegates
vast powers to the President. During the First World War President Wilson and during
the Second World War, President Roosevelt enjoyed powers of a dictator.

 THERE IS A CHANCE OF THE PRESIDENT BEING A DICTATOR:

Bryce has aptly said that the “presidential system leaves more to chance than does the parliamentary
system.” Another weakness of the system is its failure to ensure the co-operation between law-makers
and administrators. Frequent conflicts between the legislature and the executive may lead to deadlocks.
The successful working of any government requires team work and co-operation among its constituent
parts. Under the presidential system, no branch enjoys supremacy with respect to the other and hence
deadlocks and conflicts between the executive and the legislature become frequent, frequent deadlock
leads to loss efficiency and energy and the administration as a whole suffers. It becomes serious when
the executive and the majority in legislature belong to two different political parties.
 To cite an example, the foreign policy of the President Woodrow of America was rejected by the
Senate. The presidential system would have collapsed long since in the U.S.A. if the party system
did not develop so well as to establish an indirect link between the executive and legislature.

 SOMETIMES IT LEAD TO NON-CO-OPERATION BETWEEN THE EXECUTIVE

AND THE LEGISLATURE:

In a Presidential Government, there is sometimes non-co-operation between the Executive and the
Legislature and a great difficulty is faced by the President in obtaining the approval for the foreign aid
programme. For example, in 1920 the American Senate rejected the Treaty of Versailles and League
Convenient. According to this treaty, the war with Germany came to an end and the League of Nations
took birth. Consequently, America could not become the member of the League and President Wilson’s
prestige received a great setback.

The Congress imposed a drastic cut in the foreign aid programme of President Kennedy, Johnson and
Nixon against their wishes. For example, on October 30, I97I, the American Senate decided to abolish
Foreign Aid Programme with a majority of 41 votes to 27 votes. The American share of aid to the
U.N.O. was also reduced from 32 per cent to 25 per cent. The then American President, Mr. Nixon said
that, “during the last 25 years the American Dual Constructive Foreign Policy has suffered a severe
setback which has threatened the national security”.

President Nixon, while criticising this decision of the Senate further said: “This action
of the Senate is very irresponsible. Foreign Aid Programme is very important; it shoul
be immediately restored, so that we may continue our efforts for the establishment of a
peaceful world”.

 IN THIS SYSTEM THE GOVERNMENT IS NOT RESPONSIBLE FOR DAILY

ADMINISTRATION TO THE PARLIAMENT:

Another drawback of the Presidential government is that the people or the Parliament have no
control over the daily administration and the policy. The President and his secretaries are not
asked to answer questions in the Parliament. They can also not be removed from the office by a
vote of no- confidence against them. Thus, the President and his secretaries run the
administration arbitrarily. There is no such provision in a parliamentary government.
  THE THEORY OF SEPARATION OF POWERS IS NOT GOOD FOR THE SOUND
WORKING OF THE GOVERNMENT:

Because of the separation of powers, there is no co-ordination between the executive and the
legislature. This destroys the unity of the government. In a parliamentary government the ministers can
satisfy the Parliament regarding bills and budget, because they are present there and answer the
questions themselves. In a Presidential government, the President and his secretaries do not
attend the Parliament. Thus, in America the President faces a great difficulty in getting the
budget and bills passed according to his own wishes.

 SINCE THE CONSTITUTION IS VERY RIGID, IT BECOMES VERY DIFFICULT TO

MAKE AMENDMENTS IN IT ACCORDING TO THE CHANGING TIMES:

There being a Presidential government in America, the Constitution is very rigid. Hence it

becomes difficult to amend it according to the changed circumstances. Even during the Second
World War, the Presidential elections took place because under the constitution the Congress
could not extend the tenure of the President. But in a Parliamentary government, the Parliament
can extend its own tenure. It was done in Britain ending the Second World War.

CONCLUSION

The system of governance in countries differ depending on whether a country has a

presidential , parliamentary or hybrid political system. Though each country has its own
Variances based on political structure, the characteristics of each of these system and
their relationship to political conflict, executive and legislative power differs. In view of
the inconsistencies in the hybrid system of Ghana. I advocate for the adoption of the
presidential system of governance for Ghana based on following:

DIRECT MANDATE : In a presidential system, the president is often elected directly by

the people. This make the president's power more legitimate than that of a leader
appointed indirectly.

SEPARATION OF POWER: A presidential system established the presidency and the

legislature as two parallel structure. This arrangement allows each structure to serve as
check and balances thus, preventing abuses.
SPEED-DEASIVENESS: The president has stronger powers and can usually enact
changes quickly

STABILITY: A president, by virtue of a fixed term, may provide more stability than a
prime minister who can dismissed at any time.

****