indian constitution

indian constitution

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  DR. SUMBUL FATIMA ASSISTANTPROFESSOR (SOL)
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  PREAMBLE
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  INTRODUCTION  India, alsoknown as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950.  The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President. As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).  Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President, who shall exercise his/her functions in accordance to the advice. The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head.
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  Presidential System ofGovernment  In a presidential system, the head of the government leads an executive, that is distinct from the legislature.  Here, the head of the government and the head of the state are one and the same. Also, a key feature is that the executive is not responsible to the legislature.
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  Features of thePresidential System  The executive (President) can veto acts by the legislature.  The President has a fixed tenure and cannot be removed by a vote of no-confidence in the legislature.  Generally, the President has the power to pardon or commute judicial sentences awarded to criminals.  The President is elected directly by the people or by an electoral college.
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  Merits of PresidentialSystem The advantages of the presidential system are given below:  Separation of powers: Efficiency of administration is greatly enhanced since the three arms of the government are independent of each other.  Expert government: Since the executive need not be legislators, the President can choose experts in various fields to head relevant departments or ministries. This will make sure that people who are capable and knowledgeable form part of the government.  Stability: This type of government is stable. Since the term of the president is fixed and not subject to majority support in the legislative, he need not worry about losing the government. There is no danger of a sudden fall of the government. There is no political pressure on the president to make decisions.  Less influence of the party system: Political parties do not attempt to dislodge the government since the tenure is fixed.
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  Demerits of PresidentialSystem The disadvantages of the presidential system are given below:  Less responsible executive: Since the legislature has no hold over the executive and the president, the head of the government can turn authoritarian.  Deadlocks between executive and legislature: Since there is a more strict separation of powers here, there can be frequent tussles between both arms of the government, especially if the legislature is not dominated by the president’s political party. This can lead to an erosion inefficiency because of wastage of time.  Rigid government: Presidential systems are often accused of being rigid. It lacks flexibility.  Spoils system: The system gives the president sweeping powers of patronage. Here, he can choose executives as per his will. This gives rise to the spoils system where people close to the president (relatives, business associates, etc.) get roles in the government.
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  Parliamentary System ofGovernment  India chose a parliamentary form of government primarily because the constitution-makers were greatly influenced by the system in England. Another reason the founding fathers saw was that the parliamentary model would only work to accommodate the varied and diverse groups within our population.  Also, the strict separation of powers in the presidential system would cause conflicts between the two branches, the executive and the legislature, which our newly-independent country could ill-afford.  There are more parliamentary forms of government in the world than there are presidencies. In this system, the parliament is generally supreme and the executive is responsible to the legislature. It is also known as the Cabinet form of government, and also ‘Responsible Government’.
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  Features of theparliamentary system  Close relationship between the legislature and the executive: Here, the Prime Minister along with the Council of Ministers form the executive and the Parliament is the legislature. The PM and the ministers are elected from the members of parliament, implying that the executive emerges out of the legislature.  Executive responsible to the legislature: The executive is responsible to the legislature. There is a collective responsibility, that is, each minister’s responsibility is the responsibility of the whole Council.  Dual executive: There are two executives – the real executive and the titular executive. The nominal executive is the head of state (president or monarch) while the real executive is the Prime Minister, who is the head of government.  Secrecy of procedure: A prerequisite of this form of government is that cabinet proceedings are secret and not meant to be divulged to the public.  Leadership of the Prime Minister: The leader of this form of government is the Prime Minister. Generally, the leader of the party that wins a majority in the lower house is appointed as the PM.
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   Bicameral Legislature:Most parliamentary democracies follow bicameral legislature.  No fixed tenure: The term of the government depends on its majority support in the lower house. If the government does not win a vote of no confidence, the council of ministers has to resign. Elections will be held and a new government is formed.  Although India follows this system chiefly influenced by the British model, there are a few differences between the Indian and British systems. They are:  In India, the PM can be from either the Rajya Sabha or the Lok Sabha. In Britain, the PM will always be from the lower house, the House of Commons.  In Britain, the speaker once appointed, formally resigns from his/her political party. In India, the speaker continues to be a member of his/her party though he/she is expected to be impartial in the proceedings.  The concept of a shadow cabinet is absent in India. In Britain, the opposition forms a shadow cabinet that scrutinises the actions and policies of the government. It also offers alternative programmes.
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  Merits of ParliamentarySystem  The advantages of the parliamentary system are as follows:  Better coordination between the executive and the legislature: Since the executive is a part of the legislature, and generally the majority of the legislature support the government, it is easier to pass laws and implement them.  Prevents authoritarianism: Since the executive is responsible to the legislature, and can vote it out in a motion of no confidence, there is no authoritarianism. Also, unlike the presidential system, power is not concentrated in one hand.  Responsible government: The members of the legislature can ask questions and discuss matters of public interest and put pressure on the government. The parliament can check the activities of the executive.  Representing diverse groups: In this system, the parliament offers representation to diverse groups of the country. This is especially important for a country like India.  Flexibility: There is flexibility in the system as the PM can be changed easily if needed. During the Second World War, the British PM Neville Chamberlain was replaced by Winston Churchill. This is unlike the presidential system where he/she can be replaced only after the entire term or in case of impeachment/incapacity.
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  Demerits of ParliamentarySystem  The disadvantages of the parliamentary system are as follows:  No separation of powers: Since there is no genuine separation of powers, the legislature cannot always hold the executive responsible. This is especially true if the government has a good majority in the house. Also, because of anti-defection rules, legislators cannot exercise their free will and vote as per their understanding and opinions. They have to follow the party whip.  Unqualified legislators: The system creates legislators whose intention is to enter the executive only. They are largely unqualified to legislate.  Instability: Since the governments sustain only as long as they can prove a majority in the house, there is instability if there is no single-largest party after the elections. Coalition governments are generally quite unstable and short-lived. Because of this, the executive has to focus on how to stay in power rather than worry about the state of affairs/welfare of the people.
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   Ministers: Theexecutive should belong to the ruling party. This rules out the hiring of industry experts for the job.  Failure to take a prompt decision: Since there is no fixed tenure enjoyed by the Council of Ministers, it often hesitates from taking bold and long-term policy decisions.  Party politics: Party politics is more evident in the parliamentary system where partisan interests drive politicians more than national interests.  Control by the bureaucracy: Civil servants exercise a lot of power. They advise the ministers on various matters and are also not responsible to the legislature.
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  Comparison of Presidentialand Parliamentary Systems
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  Before talking ofthe Parliament and Union Executive, let us understand the form and nature of the Indian government. The Structure of the Indian government can be understood by the following flow chart:
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  Executive  The Unionexecutive consists of the President, the Vice- President, and the Council of Ministers with the Prime Minister as the head to aid and advise the President.
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  President  The Presidentis elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation, by means of single transferable vote.  To secure uniformity among state inter se, as well as parity between the states as a whole, and the Union, suitable weightage is given to each vote.  The President must be a citizen of India, not less than 35 years of age, and qualified for election as member of the Lok Sabha.  His term of office is five years, and he is eligible for re-election.  His removal from office is to be in accordance with procedure prescribed in Article61 of the Constitution. He may, by writing under his hand addressed to the Vice-President, resign his office.
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   Executive powerof the Union is vested in the President, and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution.  Supreme command of defense forces of the Union also vests in him.  The President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances at any except when both Houses of Parliament are in session, makes recommendations for introducing financial and money bills and gives assent to bills, grants pardons, reprieves, respites or remission of punishment or suspends, and remits or commutes sentences in certain cases.  When there is a failure of the constitutional machinery in a state, he can assume to himself all, or any of the functions of the government of that state.  The President can proclaim emergency in the country if he is satisfied that a grave emergency exists, whereby security of India or any part of its territory is threatened, whether by war or external aggression or armed rebellion.
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  Vice-President  The Vice-Presidentis elected by members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote.  He must be a citizen of India, not less than 35 years of age, and eligible for election as a member of the Rajya Sabha.  His term of office is five years, and he is eligible for re-election. His removal from office is to be in accordance with procedure prescribed in Article 67b.  The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence, illness or any other cause, or till the election of a new President (to be held within six months when a vacancy is caused by death, resignation or removal or otherwise of President). While so acting, he ceases to perform the function of the Chairman of the Rajya Sabha.
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  Council of Ministers There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions.  The Prime Minister is appointed by the President, who also appoints other ministers on the advice of Prime Minister.  The Council is collectively responsible to the Lok Sabha.  It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them.  The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State(independent charge), Ministers of State and Deputy Ministers.