Pol Science English Major Block 1

GPS S4 02 (M)
Exam Code : PSM4B
SELECT POLITICAL SYSTEMS (UK & USA)
SEMESTER IV
POLITICAL SCIENCE
BLOCK - 1
KRISHNA KANTA HANDIQUI STATE OPEN UNIVERSITY
Select Political Systems (UK & USA) 1

Subject Experts
Dr. Shantanu Chakravorty, Cotton University
Dr. Dhruba Pratim Sharma, Gauhati University
Dr. Subhrajeet Konwer, Gauhati University
Course Coordinator : Jahnabi Devi, KKHSOU
SLM Preparation Team
UNITS CONTRIBUTORS
1 & 2,3,4,5 Dr. Abhijit Bhuyan, KKHSOU
7 Dr. Manashi Sarma,
Arya Vidyapeeth College, Guwahati
6, 8 & 9 Dr. Khaleda Sultana Ahmed, Guwahati
Editorial Team
Content : Dr. Subhrajeet Konwer, G.U. (units 1, 2, 3, 4, 5, 6, 8,9)
Dr. Abhijit Bhuyan, KKHSOU (unit 7)
Language (English Version) : Professor Robin Goswami,
Retd. Professor,Cotton College, Guwahati
Structure, Format & Graphics : Jahnabi Devi, KKHSOU
November , 2018
This Self Learning Material (SLM) of the Krishna Kanta Handiqui State Open University is
made available under a Creative Commons Attribution-Non Commercial-Share Alike 4.0 License
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Printed and published by Registrar on behalf of the Krishna Kanta Handiqui State Open University.
The University acknowledges with thanks the financial support provided by the
Distance Education Bureau, UGC for the preparation of this study material.
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BACHELOR OF ARTS
POLITICAL SCIENCE
CONTENTS
Page No.
UNIT 1: Constitutional Development in the UK 9
Development of the British Constitution
UNIT 2: Salient Features and Sources of the Constitution of the UK 19
Salient Features of the British Constitution; Sources of the British
Constitution
UNIT 3: The Crown 31
The Crown : Powers of the Crown, Justification of Monarchy
UNIT 4: The Cabinet 42
The Cabinet : Principles of the Cabinet System, Functions of the
Cabinet
UNIT 5: The British Prime Minister 54
The Prime Minister : Functions of the Prime Minister, Position of
the Prime Minister
UNIT 6: The British Parliament 65
The British Parliament : Composition of the Parliament; The House
of Lords: Composition of the House of Lords, Powers and
Functions of the House of Lords; The House of Commons :
Composition of the House of Commons, Powers and Functions
of the House of Commons
UNIT 7: Sovereignty of the British Parliament 82
Meaning of Sovereignty of the Parliament; Parliamentary
Sovereignty in Great Britain : Recent Development regarding
Parliamentary Sovereignty in Great Britain, Limitation on
Parliamentary Sovereignty; Decline of the British Parliament
UNIT 8: The British Judicial System 97
Features of the British Judiciary; Rule of Law : General
Interpretation, Dicey’s Interpretation; The Supreme Court of the
United Kingdom : Role and Functions
UNIT 9: Party System in UK 109
History of Political Parties in the United Kingdom; Features of the
British Party System; Major Political Parties in the United Kingdom
: Labour Party, Conservative Party; Role of the Opposition in British
Political System
4 Select Political Systems (UK & USA)

COURSE INTRODUCTION
The second course in Political Science of the BA Fourth Semester Programme of KKHSOU is
titled “Select Political Systems(UK & USA)”. It is designed to help the learners to have an understanding
of the structure and functioning of some very important political systems of the world. Accordingly, the
course discusses the political systems of the UK and USA . The course begins by discussing the politi-
cal system of the UK. The UK is credited to be the birth place of the parliamentary system of govern-
ment. The British Constitution is an unwritten constitution and is of immense historical importance.
Significantly, it is but a set of time-tested and time-honoured customs, traditions, usages and practices,
collectively called the “conventions of the Constitution” which have largely determined the functioning of
the British political system till date. In a nutshell, the political system of the UK presents an ideal model of
representative democracy in the modern world. The first unit discusses constitutional development in
UK right from the Anglo-Saxon period to the Hanover period. The second unit focuses on the features
and sources of the Constitution of the UK. Great Britiain has parliamentary form of government with
limited monarchy. Here the Crown is the nominal head and the Cabinet headed by the Prime Minister is
the real head of the government. In the third, fourth and fifth units we shall discuss the executive branch
of the British government. In Great Britain Parliament is supreme law making authority. The Prime Minis-
ter and the Cabinet remain accountable to the Parliament. The sixth unit deals with the composition and
powers and functions of the British Parliament. The seventh unit highlights on the issue of sovereighnty
of the British Parliament and its recent development. Various aspects associated with the British judicial
system will be discussed in the eight unit. With the adoption of parliamentary form of government and
universal adult franchise, political parties have become an indispensable part of the British political
system. British political system has been working very efficiently and successfully with a two-party
system. The nineth unit deals with features of the British party system and the role played by major
political parties in Great Britain. Role of the opposition will also be discussed in this unit.
In this course learners are also introduced to the political system of the USA. The Ameri-
can political system is characterized by the functioning of the presidential system of government. It also
presents an undiluted model of a federation. Upholding the principles of democracy and liberalism, the
US Constitution has its own historical importance. Accordingly the tenth unit discusses constitutional
development in the USA. It also focuses on the features of the American Constitution. The eleventh unit
deals with the executive branch of the American government. Accordingly it discusses election, removal
and powers and functions of the American President and Vice-President of the United States of America.
The twelveth unit presents a comparative analysis of the American President with the British Monarch
and the British Prime Minister. The legislature in the USA is known as Congress. It is a bi-cameral

legislature composed of the House of Representatives and the Senate. The thirteenth unit focuses on
the composition, powers and functions of the both Houses of the American Congress. A comparative
analysis between the Senate and the House of Lords has also been discussed here. The framers of the
American Constitution provides for an independent and impartial judiciary. At the apex of the American
judicial structure stands the Supreme Court. The fourteenth unit deals with the structure, organisation
and jurisdiction of the Supreme Court of USA. The Supreme Court of USA also has the judicial review
power through which it can review the laws passed by the Federal and State legislatures and the acts of
Federal and State executives and determine their constitutional validity. In case any law or any of its part
is regarded by the Court as unconstitutional, it gets rejected as null and void for all future times. The
fourteenth unit also highlights this judicial review powers of the Supreme Court of USA. It is a known fact
to all that political parties are indispensable to the working of democratic governments. The American
political system has a two-party system. There are two major political parties in the USA- the Republi-
can Party and the Democratic Party. In the fifteenth unit we have discussed features of the American
party system. Organisation of the Republican Party and the Democratic Party has been also included
in this unit. Finally the unit ends with a comparative study between American political parties and British
political parties.
The course “Select Political Systems (UK & USA)” is divided into two blocks- Block 1 and Block
2. Block 1 contains nine units (Unit 1-9) and Block 2 contains six units (Unit 10-15).

INTRODUCTION TO BLOCK-1
This is the first block of the second course or paper of Krishna Kanta Handiqui State Open
University’s B.A. Fourth Semester Programme in Political Science The second course or paper of the
BA Fourth Semester Programme in Political Science is titled “Select Political Systems (UK & USA)” .
The first block of this course contains nine units- (Units 1-9).
The First Unit introduces the learners to the constitutional development in UK.
The Second Unit discusses the features and sources of the Constitution of the UK .
Third Unit focuses on the British Monarchy.
The Fourth Unit deals with the Cabinet System which is considered as the core of the British
constitutional system.
The Fifth Unit focuses on the British Prime Minister who,with the help of the Cabinet, exercises
the real executive powers of the country.
The Sixth Unit deals with the composition, powers and functions of the British Parliament.
The Seventh Unit examines the issue of sovereignty of the British Parliament and recent
developments associated with this issue.
The Eight Unit focuses on British judicial system.
The Nineth Unit discusses the party system in UK.
While going through the units of the block, you will find that unit is further divided into certain
sections and sub-sections, wherever necessary, for your better understanding. Again, the units carry
certain activities after a particular section where needed. These “ACTIVITIES” will provide you the
opportunity to practically apply your own thoughts based on the knowledge gained from reading the text
in a particular section. Besides, in order to give you additional information on certain relevant topics, you
will find a category called “LET US KNOW” after the sections in each unit. Another category that has
been included at the end of each section of a particular unit is “CHECK YOUR PROGRESS”. The
purpose of this category is to help you to asses for yourself as to how thoroughly you have understood a
particular section. You may then match your answers with “ANSWERS TO CHECK YOUR PROGRESS”
given at the end of each unit. The section “FURTHER READING” in each unit contains the names of a
few books which you might want to consult if you are intereted in learning more elaborately about the
concepts discussed in a particular unit. Furthermore, the category called “MODEL QUESTIONS” is
intended to give you a hint of the type of questions you are likely to get in the examination.

UNIT 1: CONSTITUTIONAL DEVELOPMENT IN THE
UK
UNIT STRUCTURE
1.1 Learning Objectives

1.2 Introduction
1.3 Development of the British Constitution
1.4 Let Us Sum Up
1.5 Further Reading
1.6 Answers to Check Your Progress
1.7 Model Questions
1.1 LEARNING OBJECTIVES
After going through this unit, you will be able to -

l explain the process of constitutional development in Britain through
various stages of history
l discuss the tussle between the Monarch and the Parliament for a
division of state power and the gradual transfer of powers from the
Monarch to the Parliament culminating in the Bill of Rights(1689).
1.2 INTRODUCTION
The constitution of almost every country in the world exists in the

form of a written document embodying the principles of governance.
However, the British Constitution is an exception to this fact in that it is to a
large extent an unwritten constitution. It does not exist in the form of a single
codified written document. The British Constitution is the product of history
and the result of evolution spanning over a long period of time. In this unit,
we shall read about the process of constitutional development in Britain
through various stages of history.

Unit-1 Constitutional Development in the UK
1.3 DEVELOPMENT OF THE BRITISH CONSTITUTION
The British Constitution is a product of a long process of evolution.

The present mechanism and functioning of government in Britain can only
be understood if we analyse the process of this growth. Generally speaking,
the process of development of the British Constitution can be broadly divided
into six main periods, which are discussed below:
l Anglo-Saxon Period (400AD-1066AD): The first period to which the
growth of English political institutions could be traced is that of Saxon
settlement. This period contributed the institution of Kingship to England.
The Saxon rule continued till 1066 when William of Normandy conquered
England. During this period, England was a loose aggregation of tribal
Commonwealths comprising seven “Kingdoms”,- East Anglia, Merica,
Nothumberland, Kent, Sussex, Essex and Wessex .In the ninth century,
Wessex established its sovereignty over all other “Kingdoms” which
were absorbed into a larger territory. In the process, the institution of
Kingship-a single sovereign- was born. During this period the position
of the king was weak. King’s influence depended upon his personal
wisdom and vigour. However the King did not occupy the Throne by
strict hereditary right. The selection of the King might be made from the
outside of the family if such necessity arose. Besides kingship, the
institution of local government was another important contribution of
the Anglo-Saxon period. During this period, the majority of the population
lived in small villages. Each village formed a township and was a unit of
local government. The local government machinery consisted of a town
assembly with certain elective officers. Thus the Anglo-Saxon period
made significant contribution towards the development of the British
Government and the important institution like Kingship and the Local
Self-Government were the contributions of this period.
l Norman Period (1066-1154) : The Norman conquest of England in
1066 marked a new development in the growth of the British Constitution.
The major development of the Norman period was the growth in the

Constitutional Development in the UK Unit-1
royal power. Since the position of the King during the Anglo-Saxon period
was weak, now the King increased his strength during this period. The
King made himself the head of the Church and assumed the right to
appoint the Bishops. Thus the King asserted the supremacy of the state
in religious affairs. The King also established his supremacy in the field
of justice and administration. The system of local justice was gradually
replaced by the system of royal justice. The king ruled with the help of
the Great Council or Magnum Concilium – a body consisting of royal
officers, church dignitaries and other leading men of the kingdom. To
help the king carry on the government during the interval when the Great
Council was not in session, another small body called Curia Regis or
Little Council emerged out of the former. The British Parliament arose
out of the plenary sessions of the Great Council. Likewise the Privy
Council (and the Cabinet), the Exchequer (treasury) and the High Court
of Justice grew out of the Curia.
l Angevin or Plantagenet Period (1154-1485): The political institutions
established by William, were revived by Henry II who founded the
Plantagenet dynasty. Henry brought some positive changes in
administration. During the Plantagenet period, the powers of the
Parliament increased. In 1341, the Parliament got King Edward I to agree
to the following matters:
Ø The King will not levy any tax without the approval of the Parliament
Ø The Parliament may appoint a Commissioner to audit the accounts
Ø The Ministers will be appointed by the Parliament
Ø The Ministers will resign before the commencement of the session
and reply to any charge leveled against them
The Parliament also acquired the right to dethrone a King. As a
matter of fact, in 1327, Edward II was made to leave the throne.
l Tudor Period (1485-1603) : The period from 1485 to 1603 is known as
the Tudor period. The constitutional history of this period is the “history
of consolidation of the governmental system.” The Tudor monarchs
concentrated wide powers in their hands and thereby strengthened the

influence of Kingship. Thus, Parliament, though it survived, did not place

serious obstacles in the way of royal despotism. However, Queen
Elizabeth(1558-1603) did consult the Parliament frequently and
accepted its judgment on many important occasions.
CHECK YOUR PROGRESS
Q 1: During the Anglo-Saxon period, England was a loose aggregation

of tribal Commonwealths comprising seven “Kingdoms.”(True/False)
.............................................................................................................
Q 2: The king ruled with the help of the Great Council or Magnum
Concilium during the …………………………… period.(Fill in the Blank)
Q 3: Write briefly about the constitutional development of UK that took
place during the Tudor Period.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
l Stuart Period(1603-1714): After the death of Elizabeth, the throne of

Divine Rights of England passed to her cousin James I(1566-1625). However, he soon
King : Political and came into conflict with the Parliament. This was because he believed
religious doctrine in the divine right of Kings and laid undue stress upon the royal powers
asserting that the king and prerogatives. During the reign of Charles I(1625-1649), the conflict
derives his right to between the King and the Parliament developed into a civil war. Charles
rule directly from the I was put on trial and executed. The Kingship and the House of Lords
will of God and as were abolished. The Parliament formally proclaimed England a
such he is not “Commonwealth” or Republic in 1649. A written Constitution, known as
answerable to any the “Instrument of Government”, was adopted and Oliver Cromwell(1653-
earthly authority. 1658) was named Lord Protector. However the Protector ran into trouble
with the Parliament and his new Constitution failed. After the death of
Cromwell, monarchy was restored in England with the crowning of

Charles II, the third Stuart. He tried to make a compromise between the
royal authority and parliamentary supremacy. However, his successor,
James II, soon after this ascension to the throne, quarrelled with
Parliament over the right to exercise his right to suspend the operation
of certain laws and tried to rule arbitrarily. Ultimately, the conflict between
the King and the Parliament led to the “Glorious Revolution” of 1688
which saw the overthrowing of King James II(1685-1688).
LET US KNOW
Glorious Revolution led to the overthrow of King James

II of England in 1688 by a union of Parliamentarians.
James II’s belief in absolute monarchy and his overt Roman
Catholicism alienated the majority of the people. The result of the
Glorious Revolution, which is also called the Bloodless Revolution,
was the passage of the Bill of Rights establishing the supremacy of
the Parliament.
It may be noted here that during the Stuart period, there took place a
change in the Privy Council, the successor of the Curia Regis. It grew
in size comprising as many as forty members. Its functions also no
longer remained merely advisory. It supervised the administration of
justice and took control of finance. Because of its large size, it could
not effectively perform the function of advising the King. As such,
Charles II constituted a “Cabal” or inner circle of Privy Councillors to
advise him on important matters. This practice later on set the stage
for the development of the Cabinet system of the modern times.
l Hanover Period (1714-1837) : The Glorious Revolution of 1688

prepared the ground for redefining the powers of the King and the
Parliament. In February 1689, during the reign of the Hanover dynasty,
the Parliament passed the Bill of Rights which is one of the most
important documents in English constitutional history. It proclaimed the

legislative supremacy of Parliament and restricted the powers of the

Monarch. The Monarch could neither veto any particular law passed by
Parliament nor delay its enforcement. He could no longer levy or raise
Veto : the right to
any tax or make royal appointments or maintain a standing army during
stop a law from being
passed. peacetime without the approval of the Parliament.
The events of 1688-89 established the outlines of the English
Constitution. Britain became a constitutional monarchy. Parliament
established its supremacy over the actual powers of the Monarchy. Till date,
this basic structure of the British constitutional system remains intact.
LET US KNOW
The Bill of Rights embodied the constitutional rules and

principles which should guide the transactions of the King
in his dealings with Parliament. It stated clearly the limitations on the
powers of the King, paving the way for the transfer of powers form the
King to the Parliament. Significantly, during the succeeding generations,
the responsibilities of governance were gradually transferred to the
Cabinet which emerged as the pivot of the British political system.
CHECK YOUR PROGRESS
Q 4 : During whose reign did the conflict between the King and
Parliament develop into a civil war?
.............................................................................................................
.............................................................................................................
Q 5 : The Glorious Revolution of 1688 prepared the ground for
redefining the powers of the King and the Parliament. (True/False)
.............................................................................................................
.............................................................................................................

Q 6 : Mention some of the important provisions of the Bill of Rights.

(within 50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
1.4 LET US SUM UP
l The British Constitution is a product of a long process of evolution.

Generally speaking, the process of development of the British
Constitution can be broadly divided into six main periods.
l The first period to which the growth of English political institutions could
be traced is that of Saxon settlement. The institution of Kingship and
the institution of local government were important contributions of the
Anglo-Saxon period.
l The Norman conquest of England in 1066 marked a new development

in the growth of the British Constitution. The major development of the
Norman period was the growth in the royal power. The king ruled with
the help of the Great Council or Magnum Concilium. Another small body
called Curia Regis or Little Council emerged out of the former. The
British Parliament arose out of the plenary sessions of the Great Council.
The Privy Council (and the Cabinet), the Exchequer (treasury) and the
High Court of Justice grew out of the Curia.
l During the Plantagenet period, the powers of the Parliament increased.

In 1341, the Parliament got King Edward I to agree to various matters
such as , the King will not levy any tax without the approval of the
Parliament, the Parliament may appoint a Commissioner to audit the
accounts, etc.

l The period from 1485 to 1603 is known as the Tudor period. The Tudor
monarchs concentrated wide powers in their hands and thereby
strengthened the influence of Kingship.
l During the Stuart period from 1603-1714, the conflict between the King
and the Parliament developed into a civil war. Charles I was put on trial
and executed. The Kingship and the House of Lords were abolished.
The Parliament formally proclaimed England a “Commonwealth” or
Republic in 1649. However, monarchy was restored in England with
the crowning of Charles II. His successor, James II, quarrelled with
Parliament. Ultimately, the conflict between the King and the Parliament
led to the “Glorious Revolution” of 1688 which saw the overthrowing of
King James II(1685-1688).
l The Glorious Revolution of 1688 prepared the ground for redefining the
powers of the King and the Parliament. In February 1689, during the
reign of the Hanover dynasty, the Parliament passed the Bill of Rights
which is one of the most important documents in English constitutional
history. It proclaimed the legislative supremacy of Parliament and
restricted the powers of the Monarch. The events of 1688-89 established
the outlines of the English Constitution. Britain became a constitutional
monarchy.
l The British Constitution has evolved gradually and developed from age
to age, expressing itself in different charters, statutes, precedents,
usages and traditions.
l The gradual evolution of the British Constitution and the English habits
of retaining traditional forms have resulted in a marked difference in
theory and practice.

1.5 FURTHER READING
1) Bhagwan, Vishnoo & Bhushan, Vidya. (2007). World Constitutions.

New Delhi : S. Chand and Company.
2) Ghai,K.K.(2006). Major Governments. New Delhi : Kalyani

Publishers.
3) Chakravarty, Sivnath & Chakravarty, Anup. (ed.) (2000-01). An

Introduction to Politics (19th edition). Calcutta : Modern Book Agency
Pvt. Ltd.
4) Sachdeva and Gupta. (1984). A Simple Study of World Constitutions.

New Delhi : Ajanta Prakashan.
1.6 ANSWERS TO CHECK YOUR PROGRESS
Ans to Q No. 1 : True

Ans to Q No. 2 : Norman Period
Ans to Q No. 3 : The period from 1485 to 1603 is known as the Tudor
period. The constitutional history of this period is the “history of
consolidation of the governmental system.” The Tudor monarchs
concentrated wide powers in their hands and thereby strengthened
the influence of Kingship. Thus, Parliament, though it survived, did
not place serious obstacles in the way of royal despotism. However,
Queen Elizabeth(1558-1603) did consult the Parliament frequently
and accepted its judgment on many important occasions.
Ans to Q No. 4 : Charles I
Ans to Q No. 5 : True
Ans to Q No. 6 : In February 1689, during the reign of the Hanover dynasty,
the Parliament passed the Bill of Rights which is one of the most
important documents in English constitutional history. It proclaimed
the legislative supremacy of Parliament and restricted the powers

of the Monarch. The Monarch could neither veto any particular law
passed by Parliament nor delay its enforcement. He could no longer
levy or raise any tax or make royal appointments or maintain a
standing army during peacetime without the approval of the
Parliament.
1.7 MODEL QUESTIONS
A) Very Short Questions

Q 1: The Great Council can be traced back to which period of the evolution
of the British Constitution?
Q 2: In which year the Parliament formally proclaimed England a
“Commonwealth” or Republic?
Q 3: The “Glorious Revolution” of 1688 saw the overthrowing of which
King?
B) Short Questions (Answer each question in about 150 words)
Q 1: Describe the process of constitutional development in Britain during
the Norman and Angevin periods.
Q 2: Write briefly about the constitutional development in Britain during the
Hanover Period.
C) Long Question (Answer question in about 300-500 words)
Q 1: Write a note on the process of development of the British Constitution
through various stages of history.
************

UNIT 2: SALIENT FEATURES AND SOURCES OF
THE CONSTITUTION OF THE UK
UNIT STRUCTURE

2.2 Introduction
2.3 Salient Features of the British Constitution
2.4 Sources of the British Constitution
2.5 Let Us Sum Up
2.6 Further Reading
2.8 Model Questions
After going through this unit, you will be able to-

l describe the salient features of the British Constitution
l discuss the sources of the British Constitution.
2.2 INTRODUCTION
The British Constitution is the result of evolution over a long period

of history. The British Constitution has assumed its present shape with the
growth of the English nation and has adapted itself to fulfil the changing
demands of changing times. The British Constitution is drawn from diverse
sources. In this Unit we shall learn about the characteristics and sources
of the British Constitution.
2.3 SALIENT FEATURES OF THE BRITISH

CONSTITUTION
Let us now discuss the features of the British Constitution. These

are discussed below:

Unit-2 Salient Features and Sources of the Constitution of the UK
l It is mostly Unwritten: The first important feature of the British

Constitution is its unwritten character. It is true that there are several
written parts of the British Constitution, like the Magna Carta, Bill of
Rights, Reforms Acts, Parliamentary Act of 1911, etc. But the unwritten
parts far outweigh the written ones. As a matter of the fact, there is no
single document which can be said to contain the general principles of
political governance. These principles have remained scattered and no
attempt has ever been made to embody these principles in a
documentary form.
l Evolutionary: The British Constitution has evolved gradually and
developed from age to age, expressing itself in different charters,
statutes, precedents, usages and traditions. It is the oldest among all
existing constitutions. The British Constitution has not undergone drastic
or radical transformations and whatever changes have taken place,
they have been made in conformity with the basic constitutional structure.
LET US KNOW
Magna Carta is an English legal charter originally issued

in the year 1215. It required King John of England to
proclaim certain rights (pertaining to nobles and barons), respect certain
legal procedures and to accept that the monarch’s actions could be
bound by the law. It was the first attempt to limit the powers of the
King.
l Difference between Theory and Practice: The gradual evolution of

the British Constitution and the English habits of retaining traditional
forms have resulted in a marked difference in theory and practice. The
government in the United Kingdom in ultimate theory is an absolute
Monarchy, in form, a limited constitutional Monarchy, and in actual
character, democratic republic. In theory, the government of the UK is
vested in the Crown. All officers of the State, civil and military, are

Salient Features and Sources of the Constitution of the UK Unit-2
appointed and dismissed in the name of the Crown. The Ministers are
Her Majesty’s Ministers and they remain in office during the Royal
pleasure. The Monarch is the source of law and fountain of justice. The
Prorogues : To
Monarch summons, dissolves and prorogues Parliament. No law is
discontinue a swssion
effective without the Crown’s consent. No parliamentary election can
without dissolving the
be held without the Royal writ. The Monarch is the Commander-in-
Parliament.
Chief of all British forces during peace and war. The Monarch alone can
declare war and all treaties are negotiated and concluded in the name
and on behalf of the Monarch. In a nutshell, every act of government is
attributed to the Monarch’s name.
Writ : Official order
But all this is in theory. In practice, the Monarch has become merely a
nominal executive. Britain today is a “limited monarchy”. The Monarch
reigns but does not rule. The real powers of the government rest with
the British Cabinet headed by the Prime Minister. The members of the
Cabinet are members of the Parliament. They remain responsible to its
lower house, namely, the House of Commons, for all their acts. All this
means the supremacy of the House of Commons and ultimately, that
of the people, for it is the people who elect the members of the House of
Commons. Accordingly, no government can remain oblivious of public
opinion, if it is to continue in office. Thus, the British Constitution is
marked by a difference between theory and practice. Britain presents
one of the most democratic systems of government in the world.
l Sovereignty of Parliament: The British Constitution establishes the
supremacy of Parliament. There is no law which the British Parliament
cannot make or unmake. No court can question the validity of the Acts
Judicial Review : The
of Parliament. There is no judicial review and no authority can declare
Power of the Judiciary to
that the laws made by Parliament are null and void. The authority of
declare any law passed
Parliament is absolute covering both the enactment of ordinary laws
by the judiciary as null
and most radical changes in the government itself. It can, if it so desires,
and void if it is found to
even abolish the monarchy or abolish the House of Lords. Even the
violate any provision of the
veto power has become obsolete and the monarch must give his assent
Constitution.
to all bills passed by the Parliament. According to British writer and

political philosopher, Ogg, although the Parliament operates under plenty

of practical restraints – moral inhibitions, public opinions, international
law, and international agreements, yet from the legal point of view, it
faces no restrictions.
l A Flexible Constitution: The Constitution of the United Kingdom is
flexible and responsive. The power to make and amend the constitutional
law is vested in Parliament and the procedure is the same as that
required for the enactment of an ordinary bill. There is no special law for
passing a constitutional law. It must be mentioned here that despite the
simplicity of its amending process, any government would bring about
changes to the constitution with utmost caution as it remains responsible
to the people. In this context, the “mandate convention” becomes
significant. The “mandate convention” implies that no far-reaching
changes in the governmental system should be made until the voters
have had a chance to express their opinion on the proposals for
constitutional amendment at a general election. For instance, in 1923,
Prime Minister Asquith’s Liberal Government went to the country with
the scheme of Second Chamber Reform.
l A Unitary Constitution: The British Constitution is a unitary and not a
federal one like that of the United States of America or India. Although
there is devolution, yet all authority flows from the Central Government
centred at London. In recent years, a national Parliament in Scotland, a
national Assembly in Wales and a national Assembly in Northern Ireland
have been created. This process transferred varying levels of power
from the British Parliament to these assemblies. However, the final
authority over the devolved institutions rests with the British Parliament
itself. Parliament is constitutionally supreme. The local areas, as they
exist in Britain, derive their powers from the Acts of Parliament which
may be enlarged or restricted at its will. The local government machinery
is merely an agent of the Central Government. If The Parliament so
desires, the Parliament can abolish the whole complex structure of local
government by a single enactment. Accordingly, the British Constitution
is both unitary in form and spirit.
l A Parliamentary Government: The British Constitution provides for a

Parliamentary form of government as distinct from the Presidential form
of government. The Monarch is the nominal head of the State. He has
been deprived of all his powers and authority. The real executive is the
British Cabinet headed by the Prime Minister. The Cabinet is composed
of Ministers who belong to the majority party in the House of Commons
and they remain in office so long as they enjoy its confidence. Since
the Ministers are both the executive heads and members of the
Parliament, there is coordination between the executive and legislative
wings of the government. There is little chance of conflict between the
executive and the legislature. As such the work of the government goes
on smoothly.
l Rule of Law : Rule of Law constitutes one of the fundamental principles
of the British Constitution. In Britain, unlike in the United States or India,
the Constitution does not grant specific rights to its citizens. Nor is there
A.V. Dicey (Feb 4,
any Parliamentary Act laying down the Fundamental Rights of the people.
1835-April 7,1922) :
Inspite of that, there is maximum liberty in Britain. This, according to
British Jurist and
Dicey, is due to the existence of the Rule of Law. It implies, firstly, that
Constitutional
no one in the United Kingdom can be punished arbitrarily. The powers
theorist who wrote
of the government are exercised according to settled and binding rules.
“An Introduction to the
It guarantees security of life, liberty and property. Secondly, Rule of Law
Study of the Law of
implies that no one is above the law. It means that irrespective of their
the Constitution”
social and official status all citizens are equal before law and that every
(1885).
one is amenable to the ordinary court for any violation of the law. That is
why there is no separate administrative court for the government officials
in Britain. The citizens, the courts, the administrative officials, the
Monarch are all subject to the ordinary law of the land. Accordingly, the
judiciary is the guardian of the liberties of the people in Britain.
l Two-Party System: A significant characteristic of the British party
system is the existence of the two well organized political parties since
the 17th century when political parties can be said to have come into
existence. Earlier there was a contest between Conservative and Liberal

Party. With the emergence of the Labour Party as a major political force
in 1921, there emerged three parties in the political field. These are : the
Conservative , Labour and the Liberal. But with the diminishing influence
of the Liberal Party, there were again two parties and the government
alternated between the Conservative and the Labour. There was a split
in the Labour Party in 1981 and a Social Democratic Party came into
existence. The Social Democrats forged an alliance with the Liberals
but the alliance was short-lived. Accordingly, the two party system is an
established tradition in Britain today with governmental powers
alternating between the Conservative Party and the Labour Party. The
two party system has provided stability and permanence to the political
system of Britain. People are now habituated with this bi-party system
with the elections centering on a clear contest between the Conservative
party and the Labour party, with one forming the Government and the
other forming the Opposition.
l Hereditary Character of certain institutions: Another distinctive
feature of the British Constitution is the recognition given to the hereditary
principle. Monarchy rests on the hereditary principle. The upper chamber
or the House of Lords is primarily composed of hereditary peers. The
existence of these hereditary institutions may seem to go against the
Peer : In Britain, a
democratic ideals so dearly cherished by the British people. Yet the
peer is a member of
British have never been in a mood to abolish these historic institutions.
the nobility.
ACTIVITY 2.1
Try to analyse the features of the Indian Constitution.

To what extent do you find it is similar or dissimilar with the British
Constitution?
.............................................................................................................
.............................................................................................................
.............................................................................................................

.............................................................................................................
.............................................................................................................
.............................................................................................................
CHECK YOUR PROGRESS
Q 1: The British Constitution is mostly unwritten. (True/False)

.............................................................................................................
Q 2: The British Constitution does not recognize the hereditary
principle. (True/False)
.............................................................................................................
Q 3: Mention any four features of the British Constitution.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q 4: Describe the difference between theory and practice as a salient
feature of the British Constitution. (within 50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
2.4 SOURCES OF THE BRITISH CONSTITUTION
While discussing the characteristics of the British Constitution, we

may briefly dwell upon the sources of the Constitution. The British
Constitution has been derived not from a single source but from different
sources. The sources of the British Constitution are discussed below:
Firstly, there are the conventions of the Constitution. The conventions

are those unwritten rules, understandings, precedents, customs and

traditions which have been definitely recognized by the British people due
to their practical utility and regarded as sacred laws of the Constitution.
These conventions govern some of the fundamental principles of the British
Constitution like the sovereignty of Parliament and Ministerial responsibility
to the Parliament. In fact, the workability of the British Constitution is based
on these conventions.
Secondly, there are the great charters and agreements which define
and regulate the powers of the Crown and rights of citizens, etc. Some of
the important documents among these are- Magna Carta (1215), Bill of
Rights (1689), etc.
The third important source of the British Constitution are the statutes
(laws) passed by the Parliament from time to time. Some of the important
statutes of the British Parliament include Reform Act of 1832, Parliament
Act of 1911, Statute of Westminster, 1931, Indian Independence Act of 1947,
etc.
The fourth important source of the British Constitution are the judicial
decisions involving the judgments and interpretations of the British courts
which define the scope and limitations of the different charters, statutes
and common law of England.
Fifthly, there are some eminent works written by authorities like May’s
Treatise on the Law, Privileges, Proceedings and Usages of Parliament,
A.V. Dicey’s Law of the Constitution, etc.
Finally and sixthly, there is what is known as the common law
comprising rules and principles based upon the customs and traditions of
the British society and decisions made by judges.
CHECK YOUR PROGRESS
Q 5 : Magna Carta was signed in the year .......................................

(Fill in the Blank)

Q 6: Who was the author of the book “Treatise on the Law”?
.............................................................................................................
.............................................................................................................
Q 7: Write briefly about two sources of the British Constitution.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
2.5 LET US SUM UP
l The first important feature of the British Constitution is its unwritten

character. It is true that there are several written parts of the British
Constitution, like the Magna Carta, Bill of Rights, Reforms Acts,
Parliamentary Act of 1911, etc. But the unwritten parts far outweigh
the written ones.
l The British Constitution has evolved gradually and developed from
age to age, expressing itself in different charters, statutes,
precedents, usages and traditions.
l The gradual evolution of the British Constitution and the English
habits of retaining traditional forms have resulted in a marked
difference in theory and practice.
l The British Constitution provides for a Parliamentary form of
government as distinct from the Presidential form of government.
The Monarch is the nominal head of the State. He has been deprived
of all his powers and authority. The real executive is the British
Cabinet headed by the Prime Minister. The Cabinet remains in office
so long as they enjoy the confidence of the .
l Rule of Law constitutes one of the fundamental principles of the
British Constitution. It implies, firstly, that no one in the United

Kingdom can be punished arbitrarily. The powers of the government

are exercised according to settled and binding rules. Secondly, Rule
of Law implies that no one is above the law. It means that irrespective
of their social and official status all citizens are equal before law
and that every one is amenable to the ordinary court for any violation
of the law.
l The British Constitution has been derived not from a single source
but from different sources such as conventions of the Constitution,
the great charters and agreements, statutes (laws) passed by the
Parliament from tome to time, judicial decisions involving the
judgments and interpretations of the British courts, some eminent
works written by authorities and finally the common law comprising
rules and principles based upon the customs and traditions of the
British society and decisions made by judges.
2.6 FURTHER READING

2) Ghai, K.K.(2006). Major Governments. New Delhi : Kalyani
Publishers.
Pvt. Ltd.
Ans to Q. No. 1 : True

Ans to Q. No. 2 : False

Salient Features and Sources of the Constitution of the UK Unit-
2
Ans to Q. No. 3 : Unwritten, evolutionary, difference between theory and
practice and unitary constitution.
Ans to Q. No. 4 : In theory, the government of the UK is vested in the
Crown. All officers of the State, civil and military, are appointed and
dismissed in the name of the Crown. But all this is theory. In practice,
the Monarch has become merely a nominal executive. Britain today
is a “limited monarchy”. The Monarch reigns but does not rule. The
real powers of the government rest with the British Cabinet headed
by the Prime Minister. Thus, the British Constitution is marked by a
difference between theory and practice.
Ans to Q. No. 5: 1215
Ans to Q. No. 6: May
Ans to Q. No. 7: (a) One important source of the British Constitution are
the statutes (laws) passed by the Parliament from tome to time.
Some of the important statutes of the British Parliament include
Reform Act of 1832, Parliament Act of 1911, Statute of Westminster,
1931, Indian Independence Act of 1947, etc.
(b) Another important source of the British Constitution are the judicial
decisions involving the judgments and interpretations of the British
courts which define the scope and limitations of the different charters,
statutes and common law of England.
2.8 MODEL QUESTIONS

Q 1: Name the author of “ Law of the Constitution”.
Q 2: In Britain which authority can amend the Constitutional law?
Q 3: Mention name of any one book authored by May.
Q. 4: Mention the names of two political parties of Britain.
Q 1: Write briefly about two implications of Rule of Law as pointed out by
Dicey.

Q 2: Describe Parliamentary Government as a feature of the British

Constitution.
Q 3: Write a short note on the sources of the British Constitution.
Q 4: Discuss the difference between theory and practice in the context
of the British Constitution.
C) Long Questions (Answer each question in about 300-500 words)
Q 1: Explain the sources of the British Constitution.
Q 2: Describe the features of the British Constitution.
**********

UNIT 3: THE CROWN
UNIT STRUCTURE

3.2 Introduction
3.3 The Crown
3.3.1 Powers of the Crown
3.3.2 Justification of Monarchy
3.4 Let Us Sum Up
3.5 Further Reading
3.7 Model Questions

l explain the meaning of the Crown
l describe the powers of the Crown
l justify the existence of the Monarchy in the UK.
3.2 INTRODUCTION
The Parliamentary form of government is marked by the existence

of two executives-the real executive and the nominal or titular executive.
The nominal executive is represented by the Head of the State who may
either be a hereditary or an elective one; legally, the Head of the State
possesses all powers and privileges which the constitution and laws may
confer upon him or her. But in practice, all powers are exercised by the real
executive represented by the Cabinet headed by the Prime Minister. The
Prime Minister is the Head of the Government. A classic example of this
form of government is the UK where the King or Queen is the titular head
(Head of the State) whereas the Cabinet headed by the Prime Minister is

Unit-3 The Corwn
the real head (Head of the Government). It is worth mentioning here that in
the UK, a proper discussion of the role of the King or Queen can only take
place in the context of the particular concept of the Crown.
3.3 THE CROWN
In early days, all powers of the government were centered in the

person who wore the crown – the state cap of royalty. In other words, all
powers rested on the King as a person. However, in the course of history,
those powers have entirely been transferred from the king as a person to a
complicated impersonal organization called the “Crown.” Therefore, the
distinction between the King and the Crown is the distinction between the
monarch as a person and monarchy as an institution. The Crown is not a
living tangible person. It is an abstract concept. Thus, the distinction between
the Crown and the King centres around the following points:
l The King is a person, whereas the Crown is an institution. The King is

the physical embodiment of the Crown.
l The King is only a person using the powers of the Crown. All the powers
of the State reside in the Crown as an institution.
l The King is mortal, but the Crown is immortal. The King as a person
dies or may abdicate or may even be dethroned whereas the Crown
as an institution is permanent. It is not subject to death nor abdication
nor dethronement.
According to Dr. Munro, “The Crown is an artificial or juristic person.

It is an institution and it never dies. The powers, functions and prerogatives
of the Crown are not suspended by the death of a king even for a single
moment.” This distinction is well illustrated by the maxim, “The King is dead,
long live the King.” It implies that the person who occupies the throne may
be dead but the office of Kingship as an institution survives. According to
Blackstone, “Henry, Edward, George may die but King survives them all.”

The Corwn Unit-3
3.3.1 Powers of the Crown
The powers of the Crown are those which belong to the office
of the king or the Kingship as an impersonal institution. These powers Common Law : A
are never exercised by the Monarch himself. They are exercised in system of laws that
the King’s name by Ministers who derive their authority form have been developed
Parliament and are responsible to Parliament. The powers of the from customs and
Crown are derived from two sources, i.e., prerogative and statute. from decisions made
Statutory powers of the Crown are those duties which have been by judges and not
assigned to the Executive authorities by Acts of Parliament. created by Parliament
Prerogative powers of the Crown refer to those powers which are or executive action.
derived from the Common Law. Some of these powers include the
summoning of Parliament, declaration of war or neutrality, ratification
of treaties, appointment to offices, etc. Now, let us discuss the
powers of the Crown as follows:
Ø Executive Powers: The Crown is the supreme
executive authority. It appoints all the high executive and
administrative officers, judges, bishops and the officers
Borughs : A town or
of the army, navy and air force; directs the work of
part of a city with its
administration and national service. It holds supreme
own local government.
command over the armed establishments. The Crown
supervises and in some instances directs the work of
local government, especially that of boroughs and
counties. The Crown conducts the country’s foreign
relations with other countries; sends and receives
ambassadors or other diplomatic agents and all
Counties : An area
negotiations are carried out in the name of the Crown. It
deals with the colonies and dominions. The Crown is having its own local
also the treaty-making authority and all international government.
agreements are made in its name. It can even declare

war or peace and conclude a treaty without consulting
Parliament. Thus, it is seen that all executive authority is
vested in the Crown.

Unit-3 The Corwn
However, all these powers are exercised by the ministers, or

the Cabinet in the name of the Crown. It is they who decide who
shall be appointed to office. They direct British foreign policy and
conclude treaties. They even decide on the issue of war. In short,
the Cabinet headed by the Prime Minister, and not the king, is the
real wielder of authority.
Ø Legislative Powers: The Crown is not only an executive
but also an integral part of the national legislature. The Crown
summons, prorogues and dissolves Parliament. When a new
Parliament meets it is usually greeted by the Monarch in a
speech from the Throne, which is usually delivered by the
King or Queen in person from the Throne in the House of
Lords (upper house of the British parliament) with the
Commons (lower house of the British Parliament) present.
Theoretically, no bill passed by the Parliament can become
an act unless and until the King gives assent to it but once a
bill is passed by the Parliament, the King does not exercise
the right to veto.
Practically, however, the King exercises all legislative powers
as per the advice of the Cabinet. As a matter of fact, the
speech from the throne is not the King’s or Queen’s speech.
Veto : The power of
It is the government’s speech. Again, the veto power of the
the Monarch to refuse
King has become obsolete. The assent of the King or the
assent to any law
Queen to the acts passed by the Parliament is never denied
passed by Parliament.
and is always given as a matter of course.
Ø Judicial Powers: The King or the Queen is still described
as the “fountain of justice.” In fact, the Crown does so as the
King. The King or the Queen appoints the judges, including
the Justices of Peace in the counties and boroughs. The
Lord Chancellor, a member of the Cabinet, exercises general
judicial supervision. All issues which come before the Judicial

The Corwn Unit-3
Committee of the Privy Council are decided by the Crown.

All justice in England is rendered in the name of the Queen
or the King. Finally, the Crown exercises the prerogative of
mercy and may grant pardon to persons convicted of criminal
offences. This is done by the Home Secretary.
Ø Head of the Church: Besides, the Crown is the Head of
the Church of England. The archbishops, bishops and other
ecclesiastical officers are appointed by it. The appointments
are made on the advice of the ministers.
Ø Fountain of Honour: The Crown is the fountain of honour.
Each year, a list of peerages and other honours like
knighthood is prepared by the Prime Minister in consultation
with the Cabinet. At the request of the monarch, the Prime
Minister may add a name or strike off a name. However, it is
not obligatory for the Prime Minister to act according to the
likes and dislikes of the King or the Queen.
From the above discussion, it becomes amply clear that
the powers of the British Crown are immense and important. In
practice, the powers of the King or the Queen have been transferred
to the ministers who actually exercise these powers and are
responsible for the day-to-day administration of the country.
“The King Can Do No Wrong”
An important maxim on which the British constitutional
structure rests is “the King can do no wrong.” This maxim has two
important implications.
Firstly, it means that the King is above law and cannot be
tried in any court of England for any wrongful act done by him. He
enjoys complete personal immunity from the jurisdiction of the
ordinary courts of law. For example, if the King commits any crime,
there is no process known to English law by which he can be brought
to trial.

Unit-3 The Corwn
Secondly, the maxim means that the King is above all the
responsibility for every act performed in his name. For every act of
the British government performed in the name of the king, it is the
ministers who are responsible to Parliament. As a matter of fact,
every order issued by the King is countersigned by the minister-in-
charge who is politically responsible to the Parliament and legally
responsible to the courts of law. Thus, the King can do nothing wrong
or right, of a discretionary nature and having legal effect.
CHECK YOUR PROGRESS
Q 1: The powers of the Crown are derived from which two sources?
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q 2: The King is a person, whereas the Crown is an …………....…...
(Fill in the Blank)
Q 3: The Crown is an important part of the national legislature. (True /
False)
.............................................................................................................
Q 4: Describe the executive powers of the Crown. (within 50 words).

.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
3.3.2 Justification of Monarchy
It is true that the King/Queen in England has long ceased to

exercise the powers vested in him/her and is only a titular executive.

The Corwn Unit-3
However, it would be wrong to conclude that the monarch does not

exercise influence in the government. In the words of Bagehot, the
King has three rights-the right to be consulted, the right to encourage
and the right to warn. He maintains close touch with the Prime
Minister who in consultation with the King often drops a subject in
hand before it is discussed in the Cabinet. For instance, King George
V played an active role in the nation’s affairs, especially in connection
with the Irish question and the struggle over the Parliamentary Act
of 1911. Though the ministers need not follow the advice of the King
or the Queen, yet they hardly disregard it. The exalted position of
the King and the non-partisan character of the institution of kingship,
lends weight to his advice.
Moreover, the Queen or the King is a symbol of national
integrity, providing leadership to the British society. During the Second
World War, the King visited the various theatres of war and bombed
areas of England, thereby inspiring the British people to mobilise
and fight heroically at the war fronts. Monarchy therefore provides a
useful focus for patriotism.
The Queen or the King provides a symbol of Commonwealth
unity. The Queen on the King is the symbol of the free association
of the members of the Commonwealth of Nations encompassing
nations, states and races. Presently, the Queen as the head of the
Commonwealth is a connecting link between the United Kingdom
and nearly fifty other independent countries. Besides, the King of
Britain is at once the King of Canada and other Dominions.
LET US KNOW
Commonwealth of Nations is an intergovernmental

organisation of 53 independent member states most of
which were formerly parts of the British Empire. India too is a member
of the Commonwealth of Nations.

Unit-3 The Corwn
Furthermore, the King or the Queen also has a practical utility. For
instance, if no party holds a majority in the House of Commons and a
coalition is to be formed, then the choice of a leader for Prime Ministership
falls on the King. In 1924, George V chose Ramsay MacDonald and not
Asquith as the leader though the Labour Party had behind it only one-third
of the members of the House of Commons.
LET US KNOW
Ramsay MacDonald was the Labour Party Prime Minister

of the UK from 1931 to 1935.
H.H. Asquith was the Liberal Party Prime Minister of the UK from 1908
to 1916.
ACTIVITY 3. 1
Try to draw a comparison between the British Queen

and the Indian President.
............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
CHECK YOUR PROGRESS
Q 5: Who is the head of Commonwealth of Nations?

............................................................................................................
.............................................................................................................

The Corwn Unit-3
Q 6: Put forward any two points to justify the existence of Monarch in

UK.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
3.4 LET US SUM UP
l In early days, in UK, all powers of the government were centered in

the person who wore the crown – the state cap of royalty. In other
words, all powers rested on the King as a person. However, in the
course of history, those powers have entirely been transferred from
the king as a person to a complicated impersonal organization called
the “Crown.”
l The powers of the Crown are derived from two sources, i.e.,
prerogative and statute. An important maxim on which the British
constitutional structure rests is “the King can do no wrong.”
l The Crown is the supreme executive authority and performs many
executive functions. It appoints all the high executive and
administrative officers, judges, bishops and the officers of the army,
navy and air force; directs the work of administration and national
service. It holds supreme command over the armed establishments.
The Crown is also the treaty-making authority and all international
agreements are made in its name.
l The Crown is not only an executive but also an integral part of the
national legislature. The Crown summons, prorogues and dissolves
Parliament. No bill passed by the Parliament can become an act
unless and until the King or the Queen gives assent to it but once a
bill is passed by the Parliament, the King or the Queen does not
exercise the right to veto. However, the King or the Queen exercises
all legislative powers as per the advice of the Cabinet.

Unit-3 The Corwn
l The Crown also performs certain judicial functions. It appoints the

judges, including the Justices of Peace in the counties and boroughs.
All justice in England is rendered in the name of the Queen or the
King. The Crown exercises the prerogative of mercy and may grant
pardon to persons convicted of criminal offences.
l The Crown is the Head of the Church of England. The archbishops,
bishops and other ecclesiastical officers are appointed by it.
l In UK the Queen/King is the nominal head of the state. All the powers
of the King/Queen are exercised by the Cabinet.
l It is true that the King/Queen in England has long ceased to exercise
the powers vested in him/her and is only a titular executive. However,
it would be wrong to conclude that the monarch does not exercise
influence in the government. The King/Queen maintains close touch
with the Prime Minister who in consultation with the King often drops
a subject in hand before it is discussed in the Cabinet. The Queen
or the King is a symbol of national integrity, providing leadership to
the British society.
3.5 FURTHER READING
1) Bhagwan, Vishnoo & Bhushan, Vidya (2007). World Constitutions.

2) Ghai,K.K.(2006). Major Governments . New Delhi : Kalyani
Publishers.
Pvt. Ltd.
Ans to Q No 1: Prerogative and Statute

Ans to Q No 2: Institution
Ans to Q No 3: True
The Corwn Unit-3
Ans to Q No 4: The Crown is the supreme executive authority. It appoints

all the high executive and administrative officers, judges, bishops
and the officers of the armed forces. It holds supreme command
over the armed establishments. The Crown conducts the country’s
foreign relations with other countries. The Crown is also the treaty-
making authority and all international agreements are made in its
name. It can even declare war or peace and conclude a treaty
without consulting Parliament.
Ans to Q No 5: The Queen
Ans to Q No 6: (i) The Queen or the King maintains close touch with the
Prime Minister who in consultation with the King or the Queen often
drops a subject in hand before it is discussed in the Cabinet. (ii)
The King or the Queen is a symbol of national integrity, providing
leadership to the British society. During the Second World War, the
King visited the various theatres of war and bombed areas of
England, thereby inspiring the British people to mobilise and fight
heroically at the war fronts. Monarchy therefore provides a useful
focus for patriotism.
3.7 MODEL QUESTIONS

Q 1: Mention any two distinctions between the Crown and the King.
Q 2: What are the sources of powers of the Crown?
Q 1: Write briefly about the meaning of Crown.
Q 2: Explain the implications of the maxim “The King Can Do No
Wrong”.
Q 1: Distinguish between the Crown and the King. Explain in brief the
powers of the Crown.
Q 2: Write a note justifying the existence of monarchy in Britain.
********

UNIT 4: THE CABINET
UNIT STRUCTURE

4.2 Introduction
4.3 Cabinet
4.3.1 Principles of the Cabinet System
4.3.2 Functions of the Cabinet
4.4 Let Us Sum Up
4.5 Further Reading
4.7 Model Questions

l explain the meaning of the Cabinet
l describe the principles of the Cabinet system
l discuss functions of the Cabinet.
4.2 INTRODUCTION
The United Kingdom has parliamentary form of government, which

is characterised by the existence of two executives- the real executive and
the nominal or titular executive. The King/Queen is the nominal or titular
executive and the Cabinet, headed by the Prime Minister is the real executive.
Most of the powers, conferred to the King/Queen, are exercised by the
Cabinet under the leadership of Prime Minister. The Cabinet is one of the
most important parts of the British constitutional system. In this Unit we
shall discuss the principles and functions of the Cabinet.

The Cabinet Unit-4
4.3 CABINET
The Cabinet is the core of the British constitutional system. The

Stuart Kings : The
name Cabinet referred originally to a small body of ministers whom the
Stuart Kings belonged
later Stuart Kings began to consult in preference to the Privy Council of
to the House of Stuart,
their predecessors. Accordingly, the Cabinet is a part of a larger body or the
an important European
ministry. While the ministry is a large body consisting of all the ministers of
Royal House founded
the Crown, the Cabinet constitutes an inner circle consisting of only such
by Robert II of Scotland
members of the ministry as the Prime Minister invites. The Cabinet headed
during the late 14th
by the Prime Minister contains the real leaders or chiefs. Thus, all Cabinet
century.
members are ministers, but not all ministers are Cabinet members. The
Cabinet is thus, a wheel within a wheel. The Cabinet, in brief, is the driving
and the steering force, with all its members holding important portfolios of
the Government. According to Ramsay Muir, the Cabinet is “the steering
wheel of the ship of the State.” Privy Council : A body
of advisors to the British
LET US KNOW Sovereign. Its members
The Cabinet, despite its importance, has no legal status are largly senior cabinet
as an organ of government. Its existence and working members, distinguis-
centre around some well established customs, traditions hed judges, scholars
and precedents. The conventional character of the Cabinet makes it and legislators. In
a highly flexible institution. It can easily adapt to emergencies and other modern times, it has
special circumstances. largly been replaced by
the Cabinet.
4.3.1 Principles of the Cabinet System
Now let us discuss the principles of the Cabinet system:

Ø Exclusion of the King from the Cabinet: The first
important feature of the British Cabinet system is the
exclusion of the King from the Cabinet. The whole of the
political and executive power of the Crown is exercised in
the King’s name by the Cabinet. But the King stands

Unit-4 The Cabinet
outside the actual working of the Cabinet. He does not

attend the Cabinet meetings and remains neutral and
above party politics. It is true that the King commands a
position to influence the decisions of the Cabinet, yet in
the end of the day, the monarch is bound by the decision
of the Cabinet.
Ø Cooperation between Cabinet and Parliament: The
Cabinet system is marked by a close cooperation and
harmony between the Cabinet and the Parliament. The
Prime Minister is the leader of the majority party in the
Parliament and all ministers are also its members. In
modern times, they are generally from the House of
Commons. If he is not, he becomes a member after his
appointment. The membership of Parliament gives to
ministers a representative and responsible character. It
binds together the executive and legislative authorities
together and there can be no working at cross purposes
between the two organs. The ministers can get the desired
legislation passed in the Parliament while the Parliament
can secure information regarding the affairs of the
administration through questions. This harmonious
collaboration ensures a stable and efficient Government.
Ø Ministerial Responsibility: Ministerial responsibility is the
most significant principle of the Cabinet system of
government. Ministerial responsibility to Parliament has
two aspects: the collective responsibility of ministers for
the policies and actions of the government as a whole
and their individual responsibility for the work of their
respective departments of which they are in charge.
Collective responsibility implies that the Cabinet as
a whole is answerable for the acts of its members. All
ministers, from senior Cabinet ministers to junior ministers

The Cabinet Unit-4
stand for the political programme of the party and represent

the uniformity of political opinion. They must, therefore,
fall and stand together, because the fall of the Ministry is
the fall of the party and, consequently, its political
programme. Any minister who is not prepared to defend
the Cabinet decision must resign. Anthony Eden resigned
in 1938 because he was unable to agree with the foreign
policy adopted by Prime Minister Neville Chamberlain and
the Cabinet. At the same time, the Cabinet can remain in
office only so long as it enjoys the confidence of the
majority of the members of the House. This obligation to
resign is collective. All the ministers must resign
collectively. Implicit in the doctrine of collective
responsibility is the solidarity of the Cabinet.
Individual responsibility of a minister implies that
every Cabinet minister in charge of a department is
answerable to the Parliament for all acts and omissions
of his department and must bear consequences of any
defect of administration with regard to his department.
Ø Leadership of the Prime Minister: The Cabinet system
of government is marked by the leadership of the Prime
Minister. According to Morley, “The Prime Minster is the
key stone of the cabinet arch.” Although in the Cabinet, all
its members stand on an equal footing, yet the dominance
of the Prime Minister is evident. He/She is the Chairperson
of the Cabinet and is therefore the first among equals in
relation to his Cabinet colleagues. He/She exercises a
general supervision over the work of his colleagues and
resolves differences among them. Although the ministers
are appointed by the King, in actual practice, they are the
nominees of the Prime Minister. He/She is the leader of
the Parliamentary majority and all members work under
his/her accepted leadership.

Unit-4 The Cabinet
Ø Secrecy and Party Solidarity: Another important feature

of the Cabinet system is the secrecy of policy and party
solidarity. The Cabinet is a secret body collectively
responsible for its decisions. It deliberates in secret and
its proceedings are highly confidential. All the ministers
are expected to maintain complete secrecy with regard to
the proceedings and policies of the Cabinet. The secrecy
of Cabinet proceedings is safeguarded by law and
convention. The Privy Councillors’ Oath Privy Councillors’
(oath taken on becoming a member of the Privy Council)
imposes an obligation not to disclose Cabinet secrets. The
Official Secrets Act of 1920, forbids communication to
unauthorized persons of official documents and
information. Secrecy combined with the leadership of the
Prime Minister helps the ministers to present a solid and
united face.
CHECK YOUR PROGRESS
Q 1: What was the meaning of Cabinet in the early time?

.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q 2: The Cabinet is headed by the ......................... (Fill in the blank)
..........................................................................................................................
Q 3: While the ministry is a large body consisting of all the ministers
of the Crown, the …………………………. constitutes an inner circle.
(Fill in the Blank)

The Cabinet Unit-4
Q 4: Mention two aspects of ministerial responsibility to the Parliament.

.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q 5: Write any two principles of the Cabinet form of government.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
4.3.2 Functions of the Cabinet
According to the Report of the Machinery of Government

Committee (1918), there are three functions of the Cabinet:
a. The final determination of policy to be submitted to Parliament
b. The supreme control of the national executive in accordance
with the policy prescribed by Parliament
c. The continuous co-ordination and delimitation of the activities
of the several Departments of the State.
The functions of the Cabinet may be described as follows:
Ø Policy Determining Functions: The Cabinet is primarily a
deliberative and policy-formulating body. It discusses and
decides all sorts of national and international problems.
Once the Cabinet takes a decision on a particular national
or international problem, all members are expected to abide
by it, irrespective of their likes or dislikes. When the Cabinet
has determined on a policy, the appropriate Department
carries it out either by administrative action or by submitting
a new Bill to Parliament and getting it enacted. Legislation is
thus the handmaid of administration.
Ø Legislative Functions: The Cabinet is the instrument that

links the Executive branch of government to the Legislative

Unit-4 The Cabinet
branch. The Cabinet ministers guide and control the work of

Parliament. The Cabinet plans the legislative programme at
the beginning of every Parliamentary session and prepares
the speech from the throne spelling out the legislative
programme. They formulate and introduce bills in the
Parliament on all significant matters which in their judgment
require legislative attention. The Cabinet by virtue of its
enjoying a majority in the House of Commons can get the
bills passed in the Parliament as it can direct the Parliament
for action in a certain way.
Ø Supreme Control of the National Executive: The Cabinet

is the supreme national executive. Legally, all the executive
power vests in the King. But in actual practice, the King is
only a titular head. It is the Cabinet which really exercises all
the executive powers vested in the King. The Cabinet
ministers preside over the major departments of government
and carry out the policy determined by the Cabinet and
approved by Parliament. As heads of the departments, the
Ministers are responsible for the policies pursued by their
departments and for their administrative efficiency. They
decide policy issues that arise in their departments, give
instructions to their principal subordinates and supervise the
departmental activities. The ministers are also answerable
to Parliament for all acts of omission and commission and
accordingly must ensure the efficient management of
departmental business keeping in view the needs of the
people.
The Cabinet may adopt the device of Orders-in-Council,

instead of going to Parliament for approval to give effect to
some more general line of policy including a declaration of

The Cabinet Unit-4
war. Both the World Wars (World War I- 1914 to 1918 and
World War II- 1939 to 1945) were declared by Orders-in-
Council.
Ø Cabinet as Coordinator: The essential function of the

Cabinet is to coordinate and guide the functions of the several
departments of government. Though administration is divided
into numerous departments, yet it is difficult to make a water-
tight division among the various departments. The action of
one department affects the work of another department.
Infact, every important problem cuts across departmental
boundaries. For instance, a foreign policy decision must
often be made in relation to defence and trade policy. Similarly,
an educational policy decision may concern other
departments like the Treasury Department. In such cases,
the Cabinet does the task of coordinating policy.
Ø Determination of Finances: The Cabinet is responsible

The Chancellor of the
for the whole expenditure of the State and for raising
Exchequer : It is the
necessary revenues to meet it. The Cabinet decides as to
title held by the British
what taxes will be levied, how these will be collected and in
Cabinet Minister who is
what manner these will be spent. The Cabinet takes
responsible for all
decisions regarding the imposition of taxes and abolition or
economic and financial
reduction of old ones. The Chancellor of the Exchequer
matters.
is an important member of the Cabinet. He prepares the
annual budget and the same is always discussed thoroughly
in the Cabinet before it is presented to the Parliament.
From the above discussion regarding the functions of the

Cabinet, it can be concluded that it occupies a central position
in the British Parliamentary system. It formulates the policy,
enforces the laws, runs the administration, prepares the budget

Unit-4 The Cabinet
and decides on matters of war and peace. In short, the Cabinet

is the Government of the United Kingdom.
LET US KNOW
The Cabinet has no specific constitutional or

statutory basis. Despite that, the powers of the Cabinet
are so vast that some observers have used the term “Cabinet
Dictatorship.”
CHECK YOUR PROGRESS
Q 6: The Cabinet meetings are attended by the King. (True/False)

.............................................................................................................
Q 7: Mention any two functions of the Cabinet as provided by the Report
of the Machinery of Government Committee (1918).
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q 8: Who prepares the annual budget in the UK?
.............................................................................................................
.............................................................................................................
Q 9: Explain the legislative functions of the Cabinet. (within 50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................

The Cabinet Unit-4
4.4 LET US SUM UP
l The Cabinet is the core of the British constitutional system. The

Cabinet, in brief, is the driving and the steering force, with all its
members holding important portfolios of the Government.
l The Cabinet is headed by the Prime Minister.
l There are some principles of the British Cabinet system, such as-
exclusion of the King from the Cabinet, close cooperation and
harmony between the Cabinet and the Parliament, ministerial
responsibility, leadership of the Prime Minister, secrecy of policy
and party solidarity.
l The British Cabinet performs important functions. One of the most
important functions of the Cabinet is formulation of policy. It also
performs some legislative functions. The Cabinet is the supreme
national executive. It is the Cabinet which really exercises all the
executive powers vested in the King. Another essential function of
the Cabinet is to coordinate and guide the functions of the several
departments of government. Financial functions are also performed
by the Cabinet.
4.5 FURTHER READING
1) Bhagwan, Vishnoo. & Bhushan, Vidya (2007). World Constitutions.


Publishers.
3) Chakravarty, Sivnath. & Chakravarty, Anup. (ed.) (2000-01). An

Pvt. Ltd.


Unit-4 The Cabinet
Ans to Q No 1: The Cabinet referred originally to a small body of ministers

whom the later Stuart Kings began to consult in preference to the
Privy Council of their predecessors.
Ans to Q No 2: The Prime Minister
Ans to Q No 3: Cabinet
Ans to Q No 4: Ministerial responsibility to the Parliament has two aspects.
These are- the collective responsibility of ministers for the policies
and actions of the government as a whole and their individual
responsibility for the work of their respective departments of which
they are in charge.
Ans to Q No 5: (i) Cooperation between Cabinet and Parliament: The
Cabinet system is marked by a close cooperation and harmony
between the Cabinet and the Parliament. The Prime Minister is the
leader of the majority party in the Parliament and all ministers are
also its members. The ministers can get the desired legislation
passed in the Parliament while the Parliament can secure information
regarding the affairs of the administration through questions. This
harmonious collaboration ensures a stable and efficient
Government.
(ii) Ministerial Responsibility: Ministerial responsibility is the most
significant principle of the Cabinet system of government. Ministerial
responsibility to Parliament has two aspects: the collective
responsibility of ministers for the policies and actions of the
government as a whole and their individual responsibility for the work
of their respective departments of which they are in charge.
Collective responsibility implies that the Cabinet as a whole is
answerable for the acts of its members. Individual responsibility of
a minister implies that every Cabinet minister in charge of a
department is answerable to the Parliament for all acts and

The Cabinet Unit-4
omissions of his department and must bear consequences of any

defect of administration with regard to his department.
Ans to Q No 6 : False
Ans to Q No 7 : (i) The supreme control of the national executive in
accordance with the policy prescribed by Parliament
(ii) The continuous co-ordination and delimitation of the activities of
the several Departments of the State.
Ans to Q No 8: The Chancellor of the Exchequer
Ans to Q No 9: The Cabinet is the instrument that links the Executive
branch of government to the Legislative branch. The Cabinet
ministers guide and control the work of Parliament. The Cabinet
plans the legislative programme at the beginning of every
Parliamentary session and prepares the speech from the throne
spelling out the legislative programme. They formulate and introduce
bills in the Parliament on all significant matters which in their
judgment require legislative attention.
4.7 MODEL QUESTIONS

Q 1: Who said the Cabinet is “the steering wheel of the ship of the State”?
Q 2: Who acts as the Chairperson of the Cabinet?
Q 3: Mention any one function of the Cabinet as provided by the Report
of the Machinery of Government Committee (1918).
Q 1: Write briefly about the position of the King/Queen in the Cabinet
Q 2: Write a short note on the financial functions of the Cabinet.
Q 1: Explain the principles of the Cabinet system.
Q 2: Discuss the functions of the Cabinet.
*********
UNIT 5: THE BRITISH PRIME MINISTER
UNIT STRUCTURE
5.2 Introduction
5.3 The Prime Minister
5.3.1 Functions of the Prime Minister
5.3.2 Position of the Prime Minister
5.4 Let Us Sum Up
5.5 Further Reading
5.7 Model Questions

l describe the powers and functions of the British Prime Minister
l examine the position of the British Prime Minister.
5.2 INTRODUCTION
In the previous Unit we have discussed about the British Cabinet

system. From that discussion we can see that the Prime Minister occupies
a very important position in the British constitutional system. The Prime
Minister and the Cabinet is the real executive who exercises all the powers
in real sense. In this Unit powers and position of the Prime Minister will be
discussed in details.
5.3 THE PRIME MINISTER
The Prime Minister is the corner-stone of the British political system.

Duties and authorities of the Prime Minister are enormous. The British
Constitution entrusted all the powers to the Crown. But in practice all the
powers of the Crown are exercised by the Prime Minister and the Cabinet.
The British Prime Minister Unit-5
The British Prime Minister occupies a very important position in the political
system of that country. In the following sections we shall discuss the powers
and position of the British Prime Minister.
5.3.1 Functions of the Prime Minister
The entire administrative and governmental machinery

revolves around the Prime Minister. The powers and functions of
the Prime Minister are many and varied. These are discussed below:
Ø Formation of the Cabinet: The first function of the Prime
Minister is to form the Government. The Government is
headed by the Prime Minister and the Prime Minister selects
his/her own team to make a Government. Being the leader
of the majority party in the House of Commons, he/she is
called upon by the King to form the ministry. It may be noted
here that although the Prime Minister is the sole authority in
the matter of selection of his/her colleagues, yet he/she has
to take a number of factors into account. For instance, in
constituting his/her ministry, the Prime Minister has to
accommodate the claims and views of leading members of
his/her party in both Houses. Nevertheless, it is for the Prime
Minister to decide upon the size of the Cabinet and the
ministers to be included in it and he/she enjoys a free hand
in the matter. The Prime Minister may even select colleagues
outside the ranks of his/her Party, or even outside Parliament
if the Prime Minister feels that a particular person is specially
suited for the job. For example, in 1903 the then Prime Minister
Balfour offered the Colonial Office to Lord Milner, when he
was still the High Commissioner in South Africa and had no
parliamentary experience to his credit.
Ø Distribution of Portfolios: The allocation of offices or
ministries is also done by the Prime Minister in his/her
discretion. However, a minister may decline what is given.
But rarely the Prime Minister’s final allocation is rejected.

Unit-5 The British Prime Minister
Ø To Shuffle the Ministry: The Prime Minister, as the leader

of the Cabinet, also has the right to appoint, reshuffle or
dismiss his/her Cabinet colleagues so that the machinery of
the government keeps working efficiently and effectively. He/
she can review the allocation of offices among his colleagues
and can make necessary changes if needed. The Prime
Minister can reshuffle the portfolios of the ministers to this
effect. He/she can request any of his colleagues to resign.
He/she can also advise the King to dismiss a minister.
According to law a minister holds office at the pleasure of
the King/Queen and he can be dismissed by the King/Queen
only. But in reality the King/Queen dismisses any minister
only according to the advice of the Prime Minister. In July
1962, the then Prime Minister MacMillan dismissed seven
out of twenty ministers.
Ø Chairperson of the Cabinet: The Prime Minister summons
the meetings of the Cabinet and presides over them. The
Prime Minister is the leader of the Party and his/her colleagues
in the Cabinet owe him/her a personal as well as a party
allegiance. He/she decides the agenda of the meetings of
the Cabinet. It is for the Prime Minister to accept or reject
proposals for discussion submitted by ministers. That’s why
the ministers always consult with the Prime Minister before
submitting any proposal in meetings of the Cabinet. If
differences crop up in the Cabinet meetings, the Prime
Minister as the Chairperson of the Cabinet may impose a
decision.
Ø As Coordinator: The Prime Minister has the responsibility
to coordinate the policies of the different ministries. He/she
has to see to it that the different departments do not work at
cross purposes with each other. It is the responsibility of the
Prime Minister to ensure that the government works as a

unit. The Prime Minister always supervises what is going on

in different departments and also intervenes if something is
going wrong in any department. In short, the Prime Minister
acts as the guide and coordinator of the Cabinet.
Ø Leader of the House of Commons: It is now an established
precedent that the Prime Minister must belong to the House
of Commons. He/she represents the Cabinet as a whole in
the House and acts as the Leader of the House. It is he/she
who decides as to when the House is to be summoned and
for what period .The Prime Minister, being the leader, guides
and influences the entire legislation in the House of
Commons. He/she makes authoritative statements and
explains the Government’s policy. He/she speaks on most
important bills. He/she initiates or intervenes in debates of
general importance, such as those on defence, foreign affairs
and domestic issues of primary character. The party Whips
in the House, through whom the Prime Minister issues orders
to the members of the party in the House, are under the direct
supervision of the Prime Minister. Whip : An official in a
Ø Power of Dissolution: The Prime Minister wields the political party through
supreme power of dissolution. He/she is the only person who whom written instruc-
is authorized to advise the King/Queen to dissolve the House tions are issued telling
of Commons. It means that the members of the House of members of the party as
Commons hold their seats at the mercy of the Prime Minister. to how to vote on a
Though the King/Queen can refuse dissolution to the Prime particular issue.
Minister, in practice it is highly unlikely that he/she would ever
do so. During the last hundred years or so, there has been
no instance of a refusal of dissolution when advised by the
Prime Minister.
Ø Channel of Communication: The Prime Minister is the main

channel of communication between the Cabinet and the King/
Queen on matters of public concern. The Prime Minister

informs the King/Queen about the opinions and decisions of

the Government. He/she also carries the opinions of the King
to his/her colleagues and thus acts as the link between the
Queen or King and the Cabinet.
Ø Chief Adviser of the King : The Prime Minister is also the

chief adviser of the Queen or the King. He/she recommends
the names of the persons on whom the honours are to be
bestowed. The distribution of general patronage through the
Honour list gives the Prime Minister an influence in many
sectors of national life. He/she advises the King in matters
of appointments and other matters of national importance.
In this regard, the Prime Minister recommends to the
Monarch for the appointment of Church of England
Archbishops, bishops and certain other senior clergy as well
as for appointments to high judicial offices. The judges of
the Supreme Court of the UK are also appointed by the
Queen/King according to the recommendations of the Prime
Minister.
Ø Representative of the Nation : The Prime Minister may

occasionally attend and participate in international
conferences or meetings. Lord Beaconsfield attended the
Congress of Berlin, Lloyd George participated in the peace
conference at Paris, Neville Chamberlain led the meetings
in Germany preceding the Munich Agreement and Winston
Churchill met President Franklin Roosevelt six times during
the Second World War. The Prime Minister also conducts
relations in matters of Cabinet rank with the Commonwealth
countries.

CHECK YOUR PROGRESS
Q 1: Who presides over the meetings of the Cabinet?

.............................................................................................................
Q 2: The Prime Minister is the main channel of communication between
the Cabinet and …….............……... on matters of public concern. (Fill
in the Blank)
Q 3: The Prime Minister is the only person who is authorized to advise
the King/Queen to dissolve the House of Commons. (True/False)
.............................................................................................................
Q 4: Describe the Prime Minister’s role in the formation of his/her
government. (with in 50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
5.3.2 Position of the Prime Minister
From the above discussion regarding the powers and

functions of the Prime Minister, it becomes clear that the British
Prime Minister stands at the very core of British administration and
politics.
Prime Minister’s position has been variously summed up by
writers. Lord Morley described him as primus inter pares, the first
among equals. He said that although in the Cabinet all its members
stand on an equal footing, speak with one voice, yet the head of the
Cabinet, that is, the Prime Minister, occupies a position of exceptional
and peculiar authority. Jennings is of the opinion that the Prime
Minister in relation to his /her ministers is rather “a sun around which
planets revolve.”

As a matter of fact, the actual power of the Prime Minister

depends in part on his/her own personality, in part on his/her own
prestige and in part upon his/her party support. Prime Ministers like
Disraeli, Gladstone, Lloyd George, Winston Churchill, Margaret
Thatcher and Tony Blair dominated the British political scene due to
their personalities and administrative calibre. Again, if the Prime
Minister is a popular and dynamic figure, it is difficult for his/her
colleagues to oppose him/her. In the ultimate analysis, the British
Prime Minister is the most important person in the government of
the country. Without him/her, the ministers have no existence.
Nothing can take place in the government against his/her will. The
authority of the Prime Minister is great, but, to a large extent, his/her
authority is a matter of influence.
ACTIVITY 5.1
Try to draw a comparison between the British Prime

Minister and the Indian Prime Minister in terms of their actual position.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
CHECK YOUR PROGRESS
Q 5: What does Lord Morley indicate when he says that British

Prime Minister is the first among equals?
.............................................................................................................

.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q 6: Jennings is of the opinion that the Prime Minister in relation
to his ministers is rather “………………….......…….....................”
(Fill in the blank)
5.4 LET US SUM UP
l The Prime Minister is the corner-stone of the British Constitution. The

Prime Minister and the Cabinet exercise all the power in the real sense.
l One of the most important functions of the Prime Minister is to form

the Government. The Government is headed by the Prime Minister
and the Prime Minister selects his/her own team to make a
Government. It is for the Prime Minister to decide upon the size of the
Cabinet and the ministers to be included in it and he/she enjoys a free
hand in the matter.
l Another important function of the Prime Minister is distribution of

portfolios among the ministers.
l The Prime Minister also acts as the Chairperson of the Cabinet. He/
she summons the meetings of the Cabinet and presides over the
meetings.
l The Prime Minister, as the leader of the Cabinet, also has the right to
appoint, reshuffle or dismiss his Cabinet colleagues so that the
machinery of the government keeps working efficiently and effectively.
The Prime Minister can also advise the King/Queen to dismiss a
minister.
l The Prime Minister also acts as the guide and coordinator of the Cabinet.
He/she coordinates among different ministries and ensures that the
government works as unit.

l The Prime Minister also acts as the Leader of the House of Commons
and represents the Cabinet as a whole in the House. It is he/she who
decides as to when the House is to be summoned and for what period
.The Prime Minister, being the leader, guides and influences the entire
legislation in the House of Commons.
l The Prime Minister also has the power of dissolution of the House of
Commons. The Prime Minister is the only person who is authorized to
advise the King or Queen to dissolve the House of Commons.
l The Prime Minister is the main channel of communication between

the Cabinet and the King or Queen on matters of public concern. He/
she gives information to the King or Queen regarding the decisions
taken at the Cabinet.
l The Prime Minister is also the chief adviser of the King. He/she gives
advises to the King or Queen on the matters of public importance.
l The Prime Minister represents the country at the international scenario.

He/she occasionally attend and participate in international conferences
or meetings.
l The British Prime Minister occupies a very important position in the

constitutional and political systems of Great Britain. Regarding his/her
position Lord Morley said that the Prime Minister is the first among
equals. He said that although in the Cabinet all its members stand on
an equal footing, speak with one voice, yet the head of the Cabinet,
that is, the Prime Minister, occupies a position of exceptional and
peculiar authority.
l In summary we can say that the British Prime Minister is the most
important person in the government of the country. Without him/her,
the ministers have no existence. Nothing can take place in the
government against his/her will.

5.5 FURTHER READING
1) Bhagwan, Vishnoo. & Bhushan, Vidya. (2007). World Constitutions.


Publishers.

Pvt. Ltd.

Ans to Q No 1: Prime Minister
Ans to Q No 2: King/Queen
Ans to Q No 3: True
Ans to Q No 4: One of the most important functions of the Prime Minister

is to form the Government. Being the leader of the majority party in
the House of Commons, he/she is called upon by the King/Queen
to form the ministry. It may be noted here that although the Prime
Minister is the sole authority in the matter of selection of his/her
colleagues, yet he/she has to take a number of factors into account.
Nevertheless, it is for the Prime Minister to decide upon the size of
the Cabinet and the ministers to be included in it and he/she enjoys
a free hand in the matter.
Ans to Q No 5: Lord Morley described the Prime Minister as the first among
equals. He said that although in the Cabinet all its members stand
on an equal footing, speak with one voice, yet the head of the Cabinet,

that is, the Prime Minister, occupies a position of exceptional and

peculiar authority.
Ans to Q No 6 : “A sun around which planets revolve”.
5.7 MODEL QUESTIONS

Q 1: Who acts as the Chairperson of the Cabinet?
Q 2: Upon whom the power of selection of the members of the Cabinet is
vested?
Q 3: Who appoints the Judges of the Supreme Court of the UK?

Q 1: Write briefly about the role of the British Prime Minister as a channel
of communication between the King/Queen and the Cabinet.
Q 2: Write a short note on the advisory functions of the British Prime Minister
Q 1: Discuss the powers and functions of the British Prime Minister.
Q 2: Analyze the position of the British Prime Minister.
*** ***** ***

UNIT 6: THE BRITISH PARLIAMENT
UNIT STRUCTURE
6.2 Introduction
6.3 The British Parliament
6.3.1 Composition of the Parliament
6.4 The House of Lords
6.4.1 Composition of the House of Lords
6.4.2 Powers and Functions of the House of Lords
6.5 The House of Commons
6.5.1 Composition of the House of Commons
6.5.2 Powers and Functions of the House of Commons
6.6 Let Us Sum Up
6.7 Further Reading
6.9 Model Questions

l discuss the composition, powers and functions of the British Parliament
l compare the two Houses of Parliament, namely, the House of Lords
and the House of Commons
l analyze the role of the Parliament in the functioning of British democracy.
6.2 INTRODUCTION
The Parliament is the supreme legislative body in Britain. But it does

not necessarily work only as a legislative wing of the government; it is
supreme and has enormous power. It has tremendous powers in making
laws, fixing taxation policy, sanctioning war and peace, controlling
governmental machinery and so on. That is why De Lolme says that “The

Unit-6 The British Parliament
British Parliament can do everything but make woman a man and man a
woman.” It is the oldest Parliament in the world and hence is regarded as
the mother of all Parliaments. It is composed of two Houses besides the
King (Queen). This unit will introduce you to the growth, powers and functions
of the Parliament of Britain. Besides, it will also help you to find out the
changing role of the two Houses of the Parliament in the process of evolution
of the Parliament itself.
6.3 THE BRITISH PARLIAMENT
The British Parliament is one of the remarkable and most successful

Parliaments in the world. Its growth is gradual and in many phases of history
its development is haphazard too. In the absence of separation of power
the Parliament in Britain works in close relationship with the executive and
judiciary.
6.3.1 Composition of the Parliament
The British Parliament consists of the King/Queen and two

houses. The Upper House is known as the House of Lords and the
Lower House is called as the House of Commons. The former is a
symbol of aristocracy, while the latter is a representative of people.
The former is much bigger in composition, but regarding the power
and function, the lower house exerts much more influence.
6.4 THE HOUSE OF LORDS
The House of Lords is the Upper House of the British Parliament. It is

the oldest second chamber in the world. The members of the House of
Lords are called Peers. The House of Lords is a permanent chamber.
6.4.1 Composition of the House of Lords
The membership of the House of Lords is not fixed. The

Lords currently has around 800 Members (www.parliament.uk).
The British Parliament Unit-6
There are three different types of peers: life Peers, bishops and
elected hereditary Peers. The majority of Peers are appointed by
the Queen on the recommendation of the Prime Minister or of the
House of Lords Appointments Commission.
Ø Life Peers: The Life Peerage Act, 1958, provides for the
creation of life Peers by the Monarch. They are persons who
have held high offices in the state. These Peers are appointed
for their lifetime only. Their titles are not inherited by their
children. The life Peers are formally appointed by the Monarch
on the advice and recommendation of the Prime Minister.
Ø Archbishops and bishops (Lords Spiritual) : There are

altogether 26 Lords Spiritual in the House constituting of Church
of England archbishops and bishops. They pass their
membership on to the next senior most bishop when they retire.
Traditionally, on retirement, the Archbishops of Canterbury and
York get life peerages.
Ø Elected Hereditary Peers: Formerly, hereditary Peers

constituted the majority of the members of the House of Lords.
In 1999, the British government passed the House of Lords Act,
1999 which ended the right of hereditary Peers to sit and vote in
the House of Lords. The Act removed the majority of the
hereditary peers from the House of Lords. However, as a
compromise , 92 hereditary peers, who were internally elected,
were allowed to remain in the Lords on a temporary basis until
“second stage” proposals were agreed. (Source:
www.parliament.uk)
It may be mentioned here that all Peers other than the

Archbishops and bishops are known as Lords Temporal.

LET US KNOW
Until the establishment of the Supreme Court in the UK

in October 2009, the House of Lords used to serve as a
court of appeal whereby it was composed of twelve Law
Lords. However, with the establishment of the Supreme Court, the
twelve Law Lords became the first justices of the same. They were
henceforth disqualified from sitting or voting in the House of Lords.
Upon retirement, the Law Lords can return to the House of Lords as
full members. However, the newly-appointed Justices of the Supreme
Court will no longer have seats in the House of Lords. (Source:
www.parliament.uk)
Both Houses of the Parliament are summoned simultaneously

and prorogued together but adjourned separately. House of Lords meets
four days a week.
Lord Chancellor is the presiding officer of the House of Lords
who sits on the woolsack. He is appointed by the Queen on the
recommendation of the Prime Minister. He has very limited powers. But he
Woolsack :
acts as an adviser to the Queen or King. The Lord Chancellor does not
‘Woolsack’ is a large
have a casting vote.
couch where the
Lord Chancellor LET US KNOW
generally sits on.
Members of the House of Lords have the following
privileges—
l Freedom of speech and exemption from arrest while the House is
in session.
l Have the right to individually approach the king for discussing public
affair.
l Right of recording a protest against any decision of the majority in
the House in its journals.
l Earlier they could not seek election to House of Commons but
under Peerage Act 1963, any hereditary peer can disclaim his peerage
and sit for election.

6.4.2 Powers and Functions of the House of Lords
The British Parliament started to work as an advisory body

of the Monarch without any legislative power. But gradually
Parliament started to claim its power and authority. In the process
there emerged a question as to which House of the parliament is to
exercise power more. The struggle between the two Houses
ultimately led to the passage of the Parliament Act of 1911 which
virtually abolished the power of the Lords either to amend or reject a
money bill. The House of Lords used to enjoy equal power with the
House of Commons in law making process but the Act of 1911 also
curtailed its power over ordinary legislation.
The Parliament Act 1911 gave more powers to the House of
Commons. It has significantly curtailed the powers of the House of
Lords in the following way-
Ø It has made it clear that House of Commons has the only power
over the money bill. It declares that a money bill can be presented
to the King for his assent even if the House of Lords does not
assent to it, provided it was sent to the House of Lords from the
House of Commons one month before the end of the session.
Ø A Bill passed by the House of Commons in three successive
session and each time rejected by the House of Lords might be
presented to the king for his approval provided that two years
have elapsed between the initial proceedings of the Bill in the
House of Commons and its final passing in that House in the
third session.
The second provision has been further modified by the
Amendment Act of 1949 which further curtailed the powers of
the House of Lords. It says that a bill becomes law despite its
having been rejected by the House of Lords if it has been passed
by the House of Commons in two successive sessions and
there is the one year gap between the date of its second reading

in the House of Commons and the final date on which it is

passed by the House of Commons for the second time.
The present power of the House of Lords as determined by
the Parliament Act of 1911, amended in 1949 may be mentioned
in the following way:
Ø Executive Powers: The members of the House of Lords have
the power to put questions, to elicit information from the
administration and can also have debates on governmental
policies. This debate influences the public. Some of the
members of the House of Lords are included in the Cabinet but
the cabinet ministers are neither individually nor collectively
responsible to the House of Lords. The House of Lords cannot
pass a no confidence motion against the government and
remove the ministry from power.
Ø Legislative powers: The legislative power of the House of Lords
is also limited. A non money bill may be introduced in the House
of Lords but still 90% of the bills are introduced in the House of
Commons. A non money bill passed by the House of Commons
in two successive sessions with an interval of at least one year
between its first reading in the first session and the last reading
in the second session becomes a law having received the royal
assent even if it is rejected by the House of Lords.
Ø Financial Powers: In financial matter the House of Lords is
very ineffective. The money bill cannot be introduced here. If a
money bill passed by the House of Commons is sent to the
House of Lords and the latter disapproves it and withholds its
assent to the bill for more than a month, the bill is presented to
the Queen for approval and becomes a law afterwards.
Ø Judicial Powers: Until the establishment of the Supreme Court
in 2009, the House of Lords was the highest court of appeal in
the country. But all members did not participate as a court. Only
the Law Lords participated when the house sat as a court. Earlier

it used to make trial of impeachment cases on charges preferred

by the House of Commons. But with the acceptance of the
principle of ministerial responsibility this power of the House of
Lords has become obsolete.
LET US KNOW
A money bill is defined by the Parliament Act of 1911

as a bill which, in the judgment of the Speaker of the
House of Commons, contains provisions dealing with subjects like
imposition, repeal, remission, alteration or regulation of taxation and
other financial matters.
These are the present powers and functions that can be exercised
by the House of Lords. And because of this limited role many scholars
either want to abolish or reform it. That is the reason why it has drawn
criticism in Britain.
Ø Criticisms against the House of Lords: The following are

some of the criticisms levelled against the House of Lords–
m The existence of the institution of the House of Lords
very clearly depicts the existence of anachronism in the
midst of democracy. The members of the House of Lords
are basically from the royal family who are not the
representatives of the people.
m The marginal attendance of the Lords shows their
indifference to the political happenings of the country.
Generally eighty to ninety peers participate in the
decisions of the House of Lords. One half of its members
have never spoken a single word. The quorum for
conducting ordinary business is only three. Thus, most
of the members do not attend the meetings of the House.
m The House of Lords is always more inclined to one
party i.e. the Conservative party. It is this party that wants

to keep the House of Lords unaltered and it is the House

of Lords that wants to pass all the bills proposed by the
Conservative party. As Laski says “It has always
supported the interest of one party. The Conservative
party may be in power or not but in the House of Lords it
Harold Laski (June has always been in majority.”
30, 1893 - March 24, m It represents the interest of the landed aristocracy.
1950) : Prominent Property is the basis of the membership in the House of
English Political Lords. Some of them are related with the main industries
Theorist, economist of the country, some of them with real estate and many
and author. He of them get membership through marriage or business
served as Professor relation with the conservative members in the House of
of Political Science at Commons. It basically looks after the interest of the rich
the London School of people, not the common people.
Economics. The above are some of the major criticisms against the House
of Lords. Yet it has been in existence for the last many centuries.
People have accepted it even though it is not in tune with democracy.
Like many other countries such as the United States of America,
France or India where there is the provision for a second chamber,
Public and Private
in Britain too, the House of Lords fulfils the place of the upper House
Bills : A private bill
of the Parliament. It is not altogether a useless chamber - it has the
affects partial or local
right to ask questions to the ministers and can also discuss any
interest and is
governmental policy. In the process it crystallizes public opinion. In
applicable to specific
the absence of a supreme court, it accomplishes important judicial
institutions, persons
function as the highest court of appeal. The House of Lords also
& corporation. Public
saves the time of the House of Commons by initiating non
bills have general
controversial Private bills. All these factors are responsible for the
applicability over all
existence of this oldest second chamber in Britain. And despite a
public or a larger part
determined policy of the Labour party to abolish it and Liberal party’s
of it.
attempt to substitute for it a second chamber constituted on popular
basis, the House of Lords still exists in its earlier form with a change
brought by the Parliament Act of 1911 and its amendment in 1949.

CHECK YOUR PROGRESS
Q 1: House of Lords is a permanent chamber. (True/False)

.............................................................................................................
Q 2: …………………………….. constitute the majority of the members
of the House of Lords. (Fill in the Blank).
Q 3: Lord Chancellor, the presiding officer of the House of Lords, has
a casting vote. (True/False)
.............................................................................................................
Q 4: Briefly state the legislative functions of the House of Lords. (within
50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
6.5 THE HOUSE OF COMMONS
It is the Lower House in the British Parliament. The House of

Commons is a body constituted by the representatives of the people.
6.5.1 Composition of the House of Commons
The lower House of the British Parliament i.e. the House of

Commons is purely an elected body having 650 seats. Among these
seats England has the highest share of 533 seats, followed by
Scotland with 59 seats, Wales with 40 seats and Northern Ireland
with 18 seats respectively.
The representatives of the House are elected by the British
citizens above the age of 18, on the basis of universal adult franchise.
All British citizens above the age of twenty one can contest election

for a seat in the House of Commons. Certain categories of persons

are excluded from contesting election like minors, bankrupts,
lunatics, criminals, Clergymen of three historic churches, peers of
England, Scotland, Wales or holders of profits under the Crown.
The House of Commons has a term of five years unless
dissolved by the Queen/King on the advice of the Prime Minister.
During emergency the term of the House may be extended. For
instance, The House of Commons elected in 1910 continued to
function till 1918 and also the House of Commons elected in 1935,
continued till 1945 due to emergency situation.
The Speaker is the presiding officer of the House who is
selected by the members from amongst themselves. Earlier he used
to work as a nominee of the King but since 17th century he started
to work as “a man of the House” instead of “a man of the King”. He
continues to be a political figure till the 19th century, but now the
Speaker works as a neutral and non-partisan person, neither as a
member of the majority nor the minority. In fact his/her neutrality lies
in the fact that the Speaker gives up his/her party affiliation after
being elected for the same. To establish this neutrality a convention
has developed that “once a Speaker, always a Speaker” i.e. once
elected, the Speaker is re-elected time and again so long as he/she
wants to hold the office. On his/her re-election he becomes the
Speaker again.
The Speaker in Britain has enormous powers in hands. He/
she presides over the meetings of the House, maintains order and
decorum in the House, protects the rights and privileges of the
members, and certifies the money bill and the like. He/she also has
casting vote in case of a tie. The impartial and neutral role performed
by the Speaker has made the position of the Speaker in a upper
pedestal than his Indian or American counterpart.
6.5.2 Powers and Functions of the House of Commons

The House of Commons exercises tremendous power and

authority in the Parliamentary system of Britain. It has wide ranging
powers starting from legislative to judicial powers. These powers
are discussed under the following heads-
Ø Legislative powers: In a unitary system of government law
making on all subjects and for all people is done by its legislature.
In Britain this function is invariably performed by the Parliament.
Earlier, both Houses of the Parliament used to have co equal
powers over the ordinary laws, but since the passage of the
Parliament Act of 1911, the House of Commons has assumed
more power over general legislation.
Though such bill can originate in either house of the
parliament, yet almost majority of the bills have their origin in the
House of Commons. If a bill is passed by the House of
Commons, it is sent to the House of Lords which passes the bill
with or without amendment. It is the discretion of the House of
Commons whether to accept or reject the proposed modification.
The House of Lords can just delay the passage of the bill but it
cannot reject the bill altogether. If a bill originates in the House of
Lords and sent to the Commons for approval it is the discretion
of the House of Commons to accept or reject the bill. Thus, the
House of Commons has more power in the law making of the
Parliament.
Ø Financial Powers: The British Parliament exerts great powers
in the financial matters of the country. The finance of the nation
and all financial deals of the country are controlled and managed
by the Parliament and in turn by the House of Commons. The
Parliament Act of 1911 entrusts more financial power on the
House of Commons. This can be enlisted under the following
heads:
m A money bill and the budget can be introduced only in the
House of Commons.

m It is the prerogative of the Speaker of the House of Commons

to decide whether a bill is money bill or not.
m A money bill passed by the House of Commons goes to the
House of Lords which can only delay the bill for a maximum
period of one month. After that, the bill is taken as passed by
the House and sent to the Queen for her assent.
m The Queen has no veto power to reject the bill. Thus the
passage of the money bill depends entirely on the House of
Commons.
m No tax can be levied or collected without the consent of the
House of Commons.
m The House of Commons allocates funds to the different
departments of the governments.
Ø Executive Powers: The House of Commons uses its power
over the real executive of the country. The executive body, i.e.
the minister is individually and their cabinet is collectively
responsible to the House of Commons. Through its various
means the House of Commons puts a check on the ministries
so that they cannot work arbitrarily.
The most powerful way to ensure responsibility of the ministry
is the no confidence motion taken by the House of Commons.
Every decision of the Cabinet and every policy taken by the
government must have the support of the members of the House
of Commons; otherwise in every circumstances of the contrary
view of the majority members, the House of Commons can take
up this motion. By this way it may bind the government to resign
in case the ministry fails to get majority support.
The members of the House of Commons can put questions
and supplementary questions to the ministers. The ministers
are bound to reply to these questions. Questioning in the House
of Commons fulfils the constant demand of information about

governmental policies. It brings into light the work of various

departments under public scrutiny.
Debate on the reply to the King’s (Queen’s) “Gracious
Speech” by the opposition also highlights the activities of the
government. Discussion on the public finance, foreign policy
also checks the authority of the executive.
Investigation committee instituted by the House of Commons
also scrutinizes the working of the governmental departments.
Ø Judicial Powers: The House of Commons in its judicial capacity
recommends the Monarch to remove a judge. It can punish the
person guilty of the contempt of the House. It can investigate all
the cases involving breach of privileges of its members and
punish the guilty.
Ø Constitutional Powers: The House of Commons can pass a
constitutional law just like an ordinary bill. In this way it can amend
the constitution.
Thus, the House of Commons exercises tremendous power,
authority and influence in the Parliamentary system of Great
Britain. It is one of the strongest lower houses in the world.
ACTIVITY 6.1
1. Do you find any similarity between the Lok Sabha of

the Indian Parliament and the House of Commons of the
British Parliament?
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................

2. Try to compare the position of the Speaker of the House of

Commons with that of the Speaker of the Lok Sabha in India.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
CHECK YOUR PROGRESS
Q 5: Money bill can be initiated in the House of Commons only. (True/

False)
.............................................................................................................
Q 6: Which Act has greatly increased the powers of the House of

Commons?
.............................................................................................................
Q 7: The Speaker of the House of Commons is a neutral and non

partisan person. (True/False)
.............................................................................................................
Q 8: Describe the executive powers of the House of Commons. (within

50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................

6.6 LET US SUM UP
l The British Parliament consists of the King/Queen and two Houses.

The Upper House is known as the House of Lords and the Lower House
is called as the House of Commons.
l There are three different types of peers in the House of Lords: life
Peers, bishops and elected hereditary Peers.
l The House of Lords has several powers, such as – executive power,
legislative power and financial power.
l The struggle between the two Houses in many cases ultimately led to
the passage of the Parliament Act of 1911 which greatly reduced the
powers of the House of Lords. The Parliament Act 1911 gave more
powers to the House of Commons.
l The House of Commons is purely an elected body having 650 seats.
The representatives of the House are elected by the British citizens
above the age of 18, on the basis of universal adult franchise.
l The House of Commons exercises tremendous power and authority in
the Parliamentary system of Britain. It has legislative power, executive
power, financial power, judicial power and constitutional power.
6.7 FURTHER READING

2) Ghai,K.K.(2006). Major Governments. New Delhi: Kalyani

Publishers.

Pvt. Ltd.

New Delhi: Ajanta Prakashan.

Ans to Q No 1: True
Ans to Q No 2: Internally elected Hereditary Peers
Ans to Q No 3: False
Ans to Q No 4: The legislative power of the House of Lords is limited. A non

money bill may be introduced in the House of Lords but still 90% of
the bills are introduced in the House of Commons. A non money bill
passed by the House of Commons in two successive sessions
with an interval of at least one year between its first reading in the
first session and the last reading in the second session becomes a
law having received the royal assent even if it is rejected by the
House of Lords.
Ans to Q No 5: True
Ans to Q No 6: Parliament Act of 1911
Ans to Q No 7: True
Ans to Q No 8: The House of Commons uses its power over the real
executive of the country. The executive body, i.e. the minister is
individually and their Cabinet is collectively responsible to the House
of Commons. The most powerful way to ensure responsibility of
the ministry is the no confidence motion taken by the House of
Commons. The Questioning in the House of Commons fulfils the
constant demand of information about governmental policies. It
brings into light the work of various departments under public
scrutiny.
6.9 MODEL QUESTIONS

Q 1: What is the term of the House of Commons?
Q 2: What are the three different types of peers of the House of Lords?
Q 3: Who is the presiding officer of the House of Commons?
Q 1: Write a short note on the role of the Speaker of the House of

Commons.
Q 2: Write briefly about the criticisms levelled against the British House
of Lords.
Q 3: Explain the position of the House of Lords.
Q 1: Discuss the composition, powers and functions of the British House

of Lords.
Q 2: Discuss the composition, powers and functions of the British House

of Commons.
*** ***** ***

UNIT 7: SOVEREIGNTY OF THE BRITISH
PARLIAMENT
UNIT STRUCTURE
7.2 Introduction
7.3 Meaning of Sovereignty of the Parliament
7.4 Parliamentary Sovereignty in Great Britain
7.4.1 Recent Development regarding Parliamentary Sovereignty
in the United Kingdom
7.4.2 Limitations on Parliamentary Sovereignty
7.5 Decline of the British Parliament
7.6 Let Us Sum Up
7.7 Further Reading
7.8 Answers To Check Your Progress
7.9 Model Questions

l explain the meaning of Sovereignty of the Parliament
l discuss the issue of parliamentary sovereignty in Great Britain
l point out the limitations on parliamentary sovereignty
l put forward some arguments regarding the decline of the British
Parliament.
7.2 INTRODUCTION
British parliament is the oldest parliament in the world. In Great

Britain, like any other country having parliamentary form of government, the
power of the Parliament is supreme and unlimited. But recently some
scholars have argued that the role of the Parliament has been gradually
declining. In context of all these arguments, the issue of sovereignty of the

Sovereignty of the British Parliament Unit-7
British Parliament has been widely discussed by scholars of different

quarters. In this Unit, we shall discuss this issue with reference to the
meaning of Sovereignty of the Parliament, limitations on parliamentary
sovereignty and declining role of the British Parliament.
7.3 MEANING OF SOVEREIGNTY OF THE

PARLIAMENT
Parliamentary sovereignty (parliamentary supremacy or legislative

supremacy) is a concept in the constitutional laws of some parliamentary
democracies. It holds that the legislative body has absolute sovereign power
and is supreme over all other governmental institutions,
including executive or judicial bodies. It also holds that the legislative body
may change or repeal any previous legislation, and so it is not bound by
written law (in some cases, even a constitution) or by precedent.
According to British jurist A.V. Dicey Parliament means, The King,
the House of Lords, and the House of Commons: these three bodies acting
together may be aptly described as the “King in Parliament”, and constitute
Parliament. The principle of Parliamentary sovereignty means neither more
nor less than this. Parliament thus defined has, under the English
Constitution, the right to make or unmake any law whatsoever. It further
means that no person or body is recognized by the law of England as having
a right to override or set aside the legislation of Parliament.
7.4 PARLIAMENTARY SOVEREIGNTY IN GREAT

BRITAIN
During the 17th century in England, a notion developed

that Parliament (made up of the House of Lords and House of Commons)
shared in sovereignty with the King, based on an entirely erroneous notion
of the history of parliament. It was not until the changing of the Coronation
Oath in the Coronation Oath Act 1688 as part of the Glorious Revolution
that Parliament was recognised as part of the constitutional structure, with

Unit-7 Sovereignty of the British Parliament
laws being considered to emanate from Parliament and not just the
King. The Bill of Rights was passed in the following year that is 1689, which
asserted certain rights of Parliament and limited the powers of
the monarch. Furthermore, in 1698 parliament created the Civil List,
a financial arrangement that left the monarch reliant on parliament for
income.
The Acts of Union, namely, the Union with Scotland Act 1706 was
passed by the Parliament of England and the Union with England Act was
passed in 1707 by the Parliament of Scotland. The Acts came into effect in
1707 and the English Parliament and the Scottish Parliament united to form
the Parliament of Great Britain. Further the Acts of Union 1800 united the
Kingdom of Great Britain and Kingdom of Ireland, thereby abolishing the
separate Parliament of Ireland. Thus, one single Parliament, namely, the
Parliament of the United Kingdom of Great Britain and Ireland was created.
This unification consolidated the powers of the British Parliament as a
composite whole. With the creation of the Irish Free State in 1922, the name
was changed to the Parliament of the United Kingdom of Great Britain and
Northern Ireland.
The doctrine of parliamentary supremacy may be summarized in
three points:
l The first was when Parliament resolved in December 1648 to bring
King Charles I to trial who was subsequently executed in 1649. It was
the same parliament which abolished monarchy by an Act and declared
England to be a Commonwealth. In 1660, the parliament restored
Charles II to the throne the condition of his cooperation with it. The
events of bringing Charles I to trial, abolishing monarchy and declaring
England a Commonwealth, and then restoring monarchy clearly
illustrate the sovereignty of the parliament.
l The second landmark was the Glorious Revolution of 1688, when
James II was made to abdicate as he failed to cooperate with the
Parliament. It was the same Parliament which invited William and Mary
to the throne. Then in 1701, the Parliament passed the Act of Settlement

which determined the order of the succession to the throne. The Act
laid down not only who should resign next but also on what conditions
he should reign.
l The third landmark was in 1785, when younger Pitt became the Prime
Minister and the King ceased to chose and dismiss his Ministers. The
Cabinet system now became an established reality and henceforth,
Ministers came to be chosen and dismissed by Parliament.
These three events in the history of England illustrates that the
Parliament is supreme and unlimited. It has gained substantial control over
finance, legislation and administration. It can alter or repeal any charter,
agreement or statute; it can cause any official of the government to be
dismissed and any judicial decision to be made of no effect. It can bend the
Constitution in any direction it likes. It can levy any taxes and put an end to
any usage and overturn any rule of common law.
l Dicey’s interpretation: A.V. Diecy has given an elaborate description
of the doctrine of the sovereignty of parliament. According to Dicey the
following are the main features of the doctrine of the sovereignty of
parliament:
Ø That there is no law which the parliament cannot make.
Ø That there is no law which the parliament cannot unmake.
Ø That there is no authority recognized by the law of England
which can set aside the law of parliament and declare such a
law void.
Ø That there is under the British Constitution no marked distinction
between constitutional law and ordinary law.
Ø That the sovereignty of the parliament extends to every part of
the King’s dominions.
In brief, the Parliament can make any law it pleases. Every act of
the parliament is constitutional. The courts have no power to declare any
parliamentary act unconstitutional. If a measure is contrary to the Constitution
as it has hitherto existed, the constitution simply becomes something
different in that regard. No one can allege that a particular act of parliament

is ultra virus. The word of parliament is law, however much it may cut across
existing constitutional arrangements. The courts will enforce whatever law
has been enacted by the parliament. The only way of getting rid of it is to
procure its repeal by another Parliamentary Act. Evidently the American
practice of judicial review has not gained any foothold in England which still
holds to the principal that whatever parliament legislates is law and remains
such until repealed by parliament itself. The sovereignty of the Parliament
is absolute in its negative and positive aspects.
CHECK YOUR PROGRESS
Q 1: The ……………………………………. of 1689 asserted certain

rights of Parliament. (Fill in the blank)
Q 2: Mention any two features of the doctrine of sovereignty of the
Parliament as provided by A.V. Dicey.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q 3: Which financial arrangement created in 1698 left the monarch
reliant on parliament for income?
.............................................................................................................
.............................................................................................................
7.4.1 Recent Development regarding Parliamentary

Sovereignty in the United Kingdom
In recent years some judges and scholars in Britain and New

Zealand have questioned the traditional view that the Parliament is
sovereign. Others, however, have rejected these
arguments. Various constitutional changes in the United Kingdom

have influenced the renewed debate about parliamentary

sovereignty:
Ø The devolution of power to devolve legislatures in
Scotland (Scottish Parliament), Wales (Welsh Assembly)
and Northern Ireland (Northern Ireland Assembly): All three
bodies can pass primary legislation within the areas that have
been devolved to them, but their powers nevertheless all stem
from the UK Parliament and can be withdrawn unilaterally. The
Northern Ireland Assembly, in particular, has been suspended
multiple times due to political deadlocks.
Ø The UK’s membership of the European Economic
Community, later the European Union, from 1973: The EU
represents, as the European Court of Justice ruled in 1963 in
the case Van Gend en Loos, a “new legal order of international
law for the benefit of which the [Member] States have limited
their sovereign rights, albeit (even though) within limited fields”.
The UK became part of that legal order, though the British
Parliament could, as a matter of UK law, pass further legislation
unilaterally withdrawing the UK from the Union, or selectively
barring the application of European law within the UK.
The European Union Act 2011 reaffirmed that sovereignty lay
with the British Parliament. The Act also requires that a
referendum be held when more powers are transferred to
the European Union (though this can be repealed with another
Act of Parliament). Alternatively, an Act to withdraw from the
European Union could be passed in parallel with the withdrawal
procedure laid down in Article 50 of the Lisbon Treaty, whereby
a Member State would notify the European Council of its intention
to secede from the Union and a withdrawal agreement would
be negotiated between the Union and the State.
The Treaties would cease to be applicable to that State from
the date of the agreement or, failing that, within two years of the

notification. It may be noted here that in a referendum held on

23 June, 2016, the UK opted to withdraw its membership from
the European Union. This referendum is commonly known as
the Brexit Referendum.
Ø Thoburn vs Sunderland City Council Case: Thoburn vs

Sunderland City Council is UK constitutional and administrative
law case. The case upheld the supremacy of the European
Union (EU) law and the need to modify the national law if it is
found to be inconsistent with EU law. The judgment in the case
delivered by Lord Justice Laws held that certain statutes of
constitutional importance, including Magna Carta of 1215 and
the European Communities Act 1972, could not be repealed
by implied repeal.
Ø The enactment of the Human Rights Act 1998 which

incorporates part of the European Convention on Human
Rights into domestic law: The Act gives UK courts the power
to issue a declaration of incompatibility where they believe that
the terms of an Act of Parliament are in contravention of the
rights guaranteed by the Human Rights Act, 1998. The effect of
the declaration is to send a signal to Parliament which may
then choose to amend the offending provision. This does not
endanger Parliamentary sovereignty because Parliament may
choose not to amend the offending provisions. As with the UK’s
membership of the European Union, the principle of
parliamentary supremacy means that Parliament can at any
time vote to repeal the Human Rights Act, and indeed the UK’s
ratification of the European Convention on Human Rights itself.
However, Parliament may theoretically withdraw from
commitments it has made or repeal any of the constraints it has
previously imposed on its own ability to legislate.

7.4.2 Limitations on Parliamentary Sovereignty

There are certain external and internal limitations on the
sovereignty of the British Parliament. Internally, it is limited by the
character and views of its own members whose personalities are
the product of the environment in which they live and against which
they can seldom act. Externally, the parliament is limited by factors
such as public opinion, morality, electoral mandate, international
laws etc. The external limitations on parliamentary sovereignty are
as follows:
(a) Traditions: The British Parliament is a legislature constituted
by the representatives of the people who are known for their
love for ancient traditions and customs. As such, they cannot
violate or act against the well established traditions of the British
society and politics.
(b) Public Opinion: Parliament has to exercise its powers in
accordance with the demands and dictates of public opinion. It
has to show respect for public opinion which in the British Society
is supreme and which ultimately controls all activities.
(c) Morality: Members of the British Parliament, who are the law
makers, can never go against their conscience and the moral
values of the society they belong to and represent.
(d) International Law: Like all other civilized states, Britain also
accepts and enforces rules of International law, the rules which
are backed by the common consent of mankind. The British
Parliament accepts and respects the restraints inherent in
International Law.
(e) Delegated legislation: Legally, delegated legislation is sub-
ordinate legislation passed by the executive under the law-
making powers delegated to it by the Parliament. These can be
legally set aside and overridden by the Parliament. Yet, in actual
practice, the Parliament has to accept what the executive makes.
The majority support that the cabinet enjoys makes it difficult

for the Parliament to set aside at least some of the rules of

delegated legislation.
(f) Electoral Mandate: Law making in the Parliament is really the
work of the majority party because all laws get passed only
when they are supported by a majority of votes in the two houses.
The majority party is bound by the mandate that it had secured
from the people at the time of elections. It therefore undertakes
all legislative work in accordance with the letter and spirit of its
mandate. A deviation requires the seeking of a fresh mandate.
However one thing becomes clear is that the practice of
Parliamentary Sovereignty is in reality the sovereignty of the House
of Commons. The House of Lords exists as a weak chamber which
can only influence but not determine the legislation. The Monarch is
a titular head of the state. Hence it is the House of Commons which
really exercises the Sovereignty of the British Parliament.
7.5 DECLINE OF THE BRITISH PARLIAMENT
There has been a perceptible decline in the role of the British

Parliament. A perusal of its powers reveals that it has come to occupy a
secondary position to that of the cabinet. The Cabinet by virtue of its
numerical strength is always in a position to have its way in the Parliament.
The following factors are responsible for the decline of parliamentary

powers:
l Strong position of the Cabinet: The growth in the powers of the

Cabinet has considerably reduced the power and prestige of the
Parliament. The Cabinet plays a dominant role in the proceedings of
the House. Since the Cabinet enjoys the backing of the electorate behind
it, the Parliament invariably has to support the governmental proposals
most of the time.
l Compliance with party discipline: The two party system has also
been responsible for the increasing hold of the Cabinet over the House

of Commons. The House is not in a position to throw out a government

backed by majority. The Cabinet members act as a united whole in
the Parliament. There is strict party discipline and it is unusual for a
member to disregard the party whip. A member of the Cabinet follows
the official policy of his/her party in the House and does not deviate
from it. The growth of party discipline and party organization gives to
the members of the government, who are the leaders of the majority
party, a safe and certain tenure.
l Lack of time: Lack of time at the disposal of the Parliament is another

important factor responsible for a decline in its power. The legislative
work has increased manifold. The time to handle it is always less.
This has lowered the quality of the debate. The Parliament gets little
time to control the Cabinet.
l Technical nature of Legislation: In contemporary times legislation

has come to be of a technical nature. The MPs are not competent to
speak on it with authority. Measures for legislation are prepared in
consultation with experts on the subjects. There are expert civil
servants who work under the Cabinet and who really prepare the
legislation. The members of the Parliament find it easy to support the
government over the legislation. They hardly understand the complexity
of the enactments.
l Delegated Legislation: Today much of the legislation involves

delegated legislation. The general principles of legislation are usually
laid down in parliamentary laws and the details are left to the
departmental experts. The Parliament has neither the time not the ability
to scrutinize technical details. The laws are passed by it in a skeleton
form and details are filled in by the executive through delegated
legislation. This has greatly strengthened the position of the Cabinet
and reduced the role of the Parliament .
l Inability of the Parliament to vote against the Cabinet: Even when

Members of Parliament (MPs) do not like a particular bill, they do not vote
against the government. The ruling party MPs always support the

government in the House even though the bill is unacceptable to him. They
do not like to defeat their government. There are several reasons for this:
(a) Firstly the defeat of the government can result in its resignation and
the other party in the House can form the government. Alternatively, the
defeated ministry can ask for the dissolution of the House and in new
elections, the party in the opposition may win and form the government.
Such a prospect cannot be tolerated by the ruling party MPs. Whereas,
their differences with their own party are mostly over a specific issue, their
differences with the opposition are fundamental. Under the circumstances
they consider it wiser to support their government even when they are
opposed to a particular measure.
(b) Secondly Parliamentary government cannot function in a stable way

without party loyalty. A member who votes against a measure supported by
his party not only loses the faith of his party, but also loses the faith of the
people of his own constituency. There is little place in public life for a person
who votes against his own party.
(c) Thirdly, the MPs always like to avoid the possibility of new elections.
They want to complete their tenure. They are therefore always hesitant to
oppose the government.
(d) Fourthly, the introduction of universal adult franchise has vastly

increased the number of constituencies. The prospects of gaining support
from a vast population of voters make election a very troublesome affair.
Because of all these reasons, the parliament has come to be virtually an
instrument in the hands of the Cabinet. Its role has diminished to a great
extent. It can discuss and criticize but cannot really reject what the majority
backed cabinet wishes it to pass. Today it is not the House of Commons
which controls the Cabinet, on the contrary it is the Cabinet which controls
the House.

CHECK YOUR PROGRESS
Q 4: ‘Parliamentary Sovereignty is in reality the sovereignty of the

House of Commons’- why?
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q 5: Mention any two external limitations on parliamentary sovereignty

in Great Britain.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q 6: Write briefly about the compliance with party discipline as factor
responsible for the declining role of the British Parliament.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
7.6 LET US SUM UP
l Parliamentary sovereignty implies that the legislative body has

absolute sovereign power and is supreme over all other government
institutions, including executive or judicial bodies.
l Until the Glorious Revolution of 1688 the Parliament was not
recognised as part of the constitutional structure. The Bill of Rights was

passed in the following year which asserted certain rights of Parliament

and limited the powers of the monarch.
l In Great Britain the Parliament is supreme and unlimited. It has gained
substantial control over finance, legislation and administration. It can
alter or repeal any charter, agreement or statute; it can cause any
official of the government to be dismissed and any judicial decision to
be made of no effect. It can bend the Constitution in any direction it
likes. It can levy any taxes and put an end to any usage and overturn
any rule of common law.
l However there are certain external and internal limitations on the
sovereignty of the British Parliament. Internally it is limited by the
character and views of its own members whose personalities are the
product of environment. Externally the Parliament is limited by factors
such as traditions, public opinion, morality, mandate, delegated
legislation, international laws etc.
l In recent times the role of the Parliament in Great Britain has been
declining. Some of the factors which are responsible for this are-
strong position of the Cabinet, compliance with party discipline, lack
of time, technical nature of legislation, delegated legislation, inability
of the Parliament to vote against the Cabinet, etc.
7.7 FURTHER READING

Publishers.
Pvt. Ltd.

Ans to Q No 1: The Bill of Rights

Ans to Q No 2: (i) There is no law which the parliament cannot make.
(ii) That there is no authority recognized by the law of England which
can set aside the law of Parliament and declare such a law void.
Ans to Q No 3: The Civil List
Ans to Q No 4: Parliamentary Sovereignty is in reality the sovereignty of
the House of Commons. The House of Lords exists as a weak
chamber which can only influence but not determine the legislation.
The Monarch is a titular head of the state. Hence it is the House of
Commons which really exercise the Sovereignty of the British
Parliament.
Ans to Q No 5: (i) Traditions: The British Parliament is a legislature
constituted by the representatives of the people who are known for
their love for ancient traditions and customs. As such, they cannot
violate or act against the well established traditions of the British
society and politics.
(ii) Public Opinion: Parliament has to exercise its powers in
accordance with the demands and dictates of public opinion. It has
to show respect for public opinion which in the British society is
supreme and which ultimately controls all activities.
Ans to Q No 6: The two party system has also been responsible for the
increasing hold of the Cabinet over the House of Commons. The
House is not in a position to throw out a government backed by
majority. The Cabinet members act as a united whole in the
Parliament. There is strict party discipline and it is unusual for a
member to disregard the party whip. A member of the Cabinet follows
the official policy of his/her party in the House and does not deviate
from it. The growth of party discipline and party organization gives
to the members of the government, who are the leaders of the
majority party, a safe and certain tenure.
7.9 MODEL QUESTIONS

Q 1: In which year was the Magna Carta passed?
Q 2: What are the two Houses of the British Parliament?
Q 1: Write briefly about the meaning of the sovereignty of the Parliament
in the UK.
Q 2: Write a short note on A.V. Dicey’s interpretation of sovereignty of
the Parliament.
Q 1: Explain various limitations on parliamentary sovereignty in Great
Britain.
Q 2: Analyse the factors which are responsible for the declining role of
the British Parliament.
***********

UNIT 8: THE BRITISH JUDICIAL SYSTEM
UNIT STRUCTURE
8.2 Introduction
8.3 Features of the British Judiciary
8.4 Rule of Law
8.4.1 General Interpretation
8.4.2 Dicey’s Interpretation
8.5 The Supreme Court of the United Kingdom : Role and Functions
8.6 Let Us Sum Up
8.7 Further Reading
8.8 Answer to Check Progress
8.9 Model Question
After going through the unit, you will be able to -

l discuss the salient features of the British judiciary
l elaborate the concept of the ‘Rule of Law’
l explain Dicey’s interpretation of Rule of Law
l discuss the role and functions of the Supreme Court of the United
Kingdom .
8.2 INTRODUCTION
The British judiciary is one of the most renowned judicial systems

in the world. Britain has an impartial, well organized and independent judiciary
and the British judiciary. It has been working as a guardian of the rights and
liberties of the people. It has its unique organizational pattern along with
some exceptional features not to be found anywhere in the world. In this
chapter you will be able to learn the salient features of the British judiciary.

Unit-8 The British Judicial System
Along with this you will also know the concept of Rule of Law which is so
integrally associated with the judicial system of Britain.
8.3 FEATURES OF THE BRITISH JUDICIARY
The impartial and quick delivery of justice provided by the British

judiciary has made it a model judicial system in the world. The salient features
of the British judiciary can be discussed under the following heads—
l No single form of organization: One of the most important
peculiarities of the British judiciary is the absence of any single uniform
organization of judiciary all throughout the country. While the judicial
systems of England and Wales are almost similar, the guiding principles,
procedure and organization of judiciary in England, Scotland and Ireland
differ from one another. Each of these three systems has its own
distinctive characteristics. Earlier, there used to be a good number of
judicial tribunals to decide the cases overlapping each other. It is only
after the passage of the Judicature Acts beginning in the 1870s, that a
well organized system came into being.
l Absence of administrative courts: Unlike France, United Kingdom
does not have separate administrative courts. In France and some other
continental countries there are two types of law i.e. ordinary law and
administrative law and accordingly there are two types of courts- ordinary
courts and administrative courts. The ordinary courts are for general
citizens and the administrative courts are meant for government officials
for certain acts committed by them under official capacity. But in the
United Kingdom, under the provision of the Rule of Law, all British
citizens are equal in the eyes of law and so there is no provision for
separate court for the government officials or governmental matters. All
cases are taken into account by ordinary court.
l Two categories of lawyers: There are two types of lawyers in Britain
to deal with the case- the Barristers and the Solicitors. A case is
prepared by the Solicitors and is taken by the Barristers to the court.
The Barristers have the exclusive right to plead in the higher courts.

The British Judicial System Unit-8
The Solicitors on the other hand have to interact with the client, make
case for them and also need to appear in the county and magistrates’
courts on behalf of the client.
l Absence of judicial review: Supremacy of the Parliament does not
allow any scope for judicial review for the courts. Parliament is supreme
Delegated legislation :
and is beyond any judicial review. The courts are not allowed to declare
Delegated Legistation is
any law passed by the Parliament as ultra vires. The courts cannot
the power of the
declare any law of the Parliament as unconstitutional even if it breaks
executive to make laws
some provisions of the Magna Carta, Petition of Rights, or any earlier
when the Parliamnent is
Act of the Parliament. But they can review delegated legislation just
not in seesion. It has the
to see that these are according to the statutes of the Parliament.
force of law.
l Bifurcation between civil and criminal cases: In Britain civil and
Criminal cases are heard separately in separate courts. A criminal case
is counted as a case between the crown and the accused, where the
latter is charged with crimes like theft, murder etc. i.e. all kinds of activities
that violate certain law of the land. A civil case is a dispute between two
persons, groups, or institutions over property, breach of contract and
the like.
l Jury system: The jury system is a special feature of the judicial system
of Britain. The accused has the right to demand for a bench of jurors to
decide his or her case in all British courts except the lowest and the
highest court. Jurors are selected from the local area itself but they
must not be related with legal practice. Barristers, judges, doctors,
clergymen, commissioned officers, peers cannot act as jurors. The
lawyers defending the accused can object to the name of not more
than seven jurors without assigning any reason. It is obligatory for the
jurors to attend the meetig whenever they are called for the same except
on some medical ground. The number of jurors in the jury bench of
England and Wales is 12, whereas for Scotland it is 15. In England the
jurors have an unanimous decision, whereas in the case of Scotland it
must be a majority decision. In the failure of the decision, the judges will
form a new jury bench for hearing the case. The concerned judges

always listen to the views of the jury bench in deciding the case. Jury
system is a successful system and the jurors have been playing their
role in the adjudication process in a most fearless and Impartial manner
over the decades.
l Independence of judiciary: In Britain, the judges are provided with

statutory security. They are appointed by the Crown from among the
middle age group members of the bar. The King appoints them with the
consultation of the Lord Chancellor. Thus, the judge need not appease
any one. Besides, this security is guaranteed through the provision that
a county court is never promoted to High court and though promotion
from High court to the Court of Appeal is possible, but it does not add
much except a raise in income or dignity. Judges hold office during
good behaviour.
l Quality of justice : Speedy trial of the cases have granted quality justice
to the British citizens. It is due to the following two reasons—
Ø The Judges in the United Kingdom have the discretion in dealing

with cases.
Ø Judicial rule procedures are made by the specialised rule committee

consisting of Lord Chancellor and ten persons eminently familiar
with legal procedure.
The presence of highly qualified lawyers with discritionary power at
hands allows rapid movements of cases. Thus, there is no delay in
providing justice to the people in Britain.
l Rule of Law: It implies that every British citizen is equal in the eyes of
law. No one can be punished except for some breach of law and that
also must be proved in the court. Under the Rule of Law the judiciary is
the guardian of all rights and liberties of the British citizen. Many rights
like freedom of speech and expression and freedom of worship are
guarenteed by convention and useage and enforced by the courts.
Let us now discuss in greater detail the implications of the concept of
Rule of Law.

8.4 RULE OF LAW
Rule of Law is one of the most striking features of the British

Constitution that ensures rights and liberties to its people. In the absence
of any constitutionally recognized rights, it secures enormous rights to its
people. It is based on the common law of the land and is the result of
centuries of struggle of its people for the recognition of their inherent rights.
Rule of Law has been working as the guiding principles in the functioning of
judiciary through which justice is delivered to every section of the society.
8.4.1 General Interpretation
Rule of Law means the supremacy of law under which all

are equal and are amenable to the same law. It implies that no one
can be punished unless and until his/her guilt has been proved.
Again, it also means that the government is subject to the Parliament
A.V. Dicey (February
and through Parliament to the people.
4, 1835 to April 7,
8.4.2 Dicey’s Interpretation 1922) : British jurist

and constitutional
A.V. Dicey has given a classical formulation of the concept theorist who wrote
of Rule of Law. He interprets it in three ways which can be discussed ‘An Introduction to the
under the following way– Study of the Law of
Ø In its first meaning Dicey says “that no one is punishable or can the Constitution
be lawfully made to suffer in body or goods except for a distinct (1885).
breach of law established in ordinary courts of the land…”. It
implies that no one in the United Kingdom can be punished
arbitrarily. His or her guilt must be proved in the court. The
accused must have the opportunity to have a lawyer of his/her
own choice. Judgment should be made in open court and the
accused should have the right to appeal in the next higher court.
It guarantees security of life, liberty and property.
Ø In its second meaning Dicey holds that “not only with us is no
man above the law, (but what is a different thing) here every

man, whatever be his rank or condition, is subject to the ordinary

law of the realm and amenable to the jurisdiction of the ordinary
tribunals”. In simple words it means that irrespective of their
social and official status all citizens are equal before law and
that every one is amenable to the ordinary court for any violation
of the law. That is why there is no separate administrative court
for the government officials in Britain.
Ø In its third meaning it means that “the general principles of the
constitution are the result of judicial decisions determining the
rights of private persons in particular cases brought before the
Courts.” In Britain the rights of the people do not flow from the
constitution but from the judicial decisions from the courts.
l Criticisms of Dicey’s concept of Rule of Law: There a number
of criticisms leveled against Dicey’s formulation of the Rule of Law.
The major criticisms against Dicey’s interpretation are—
On the first meaning of Rule of Law, the critics say that—
Ø Absence of complete discretionary power is in fact not possible.
For the proper implementation of the programme the civil
servants must have some discretion.
Ø The frequent use of the delegated legislation by the executive
adds to the discretionary power at the hands of the government.
Ø The growth of modern welfare states has increased the works
of the government. Now, many of the departmental cases are
settled in the department itself. It has limited the scope of judiciary
in Britain.
On its second meaning the critics argue that-
Ø The King or Queen is above law. He or she cannot be tried in
any court of law.
Ø It is a myth that every one in Britain is equal in the eyes of law.
There are certain special immunities extended to its public
officers. For example- Public Authority Protection Act of 1893
as amended in 1939 declares that all public officials for the

excess, neglect or default of the public authority must be started

within six months of the act, otherwise the proceeding would
lapse.
Ø There are certain rights and privileges not available to the ordinary
citizen, but to the civil servants such as that they are not to be
arrested without the consent of the respective department
whereas an ordinary citizen can be arrested at any time.
Ø The diplomatic envoys and ambassadors enjoy some special
privileges and also immunities.
Ø No action can be taken against judges for lapses that might be
committed by them during the course of giving judicial decisions.
Ø In respect of a tort no action can be taken against the trade
Tort : In law, tort is
union under the Trade Dispute Act of 1906. Even if they resort to
something wrong
strikes or boycotts no action can be taken.
done by somebody
On the third meaning of Rule of Law as given by Dicey, critics
to somebody else
argue that British citizens do not avail rights only from judicial
that is not criminal,
decisions, but there are also a number of conventions and usages
but can lead to action
that also secure them their right.
in a civil court.
Though these criticisms are of great importance which Dicey
himself accepted later on, the inherent implication of the Rule of
Law serves as the guiding principle of the British Constitution. The
judiciary in Britain very carefully protects the virtue in it and thus
enhances the scope and availability of justice in the country.
CHECK YOUR PROGRESS
Q 1 : Dicey has given a classical formulation of the concept of Rule of

Law. (True/False)
.............................................................................................................
Q 2 : There are two types of lawyers in Britain to deal with the case—
the Barristers and the ………………................................(Fill in the
Blank).

Q 3 : United Kingdom does not have separate administrative courts.

(True/False)
.............................................................................................................
Q 4 : Describe the jury system in the UK. (within 50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
8.5 THE SUPREME COURT OF THE UNITED

KINGDOM: ROLE AND FUNCTIONS
The Supreme Court is now a fundamental pillar of the British

Constitution. Until the establishment of the Supreme Court in the UK in
October 2009, the House of Lords used to serve as the highest court of
appeal. Now, the Supreme Court is the final court of appeal for all United
Kingdom civil cases, and criminal cases from England, Wales and Northern
Ireland. In Scotland, the High Court of Justiciary remains the supreme court
for criminal cases. The Supreme Court was established with a view to
achieving a complete separation between the senior judges of the United
Kingdom and the House of Lords-the upper house of the British Parliament.
The Supreme Court hears appeals from the following courts in each
jurisdiction:
England and Wales
The Court of Appeal, Civil Division
The Court of Appeal, Criminal Division
(in some limited cases) the High Court
Scotland
The Court of Session
Northern Ireland
The Court of Appeal in Northern Ireland
(in some limited cases) the High Court

The jurisdiction of the Supreme Court also extends to resolution of disputes

relating to devolution in the United Kingdom. This involves issues concerning
the legal powers of the three devolved governments of Scotland, Wales
and Northern Ireland or laws that are made by their devolved legislatures.
CHECK YOUR PROGRESS
Q 5 : Until the establishment of the Supreme Court , which institution

used to serve as the highest court of appeal in the UK?
.............................................................................................................
Q 6 : In which year was the Supreme Court of UK established?
.............................................................................................................
Q 7 : Can the Supreme Court look into disputes relating to devolution

in the United Kingdom?
.............................................................................................................
Q 8 : In Scotland, which is the supreme court for criminal cases?
.............................................................................................................
8.6 LET US SUM UP
l The British judiciary with its adequate independence, transparency

and efficiency has become a very successful institution in guaranteeing
the rights of the people. Through its various judgments judiciary has
given new interpretation of the constitution and protected the rights of
its citizens.
l One of the most important peculiarities of the British judiciary is the
absence of any single uniform organization of judiciary all throughout
the country.While the judicial systems of England and Wales are almost
similar, the guiding principles, procedure and organization of judiciary

in England, Scotland and Ireland differ from one another.

l But in the United Kingdom, under the provision of the Rule of Law, all
British citizens are equal in the eyes of law and so there is no provision
for separate administrative courts.
l There are two types of lawyers in Britain to deal with the case- the
Barristers and the Solicitors.
l Supremacy of the Parliament does not allow any scope for judicial
review for the courts. Parliament is supreme and is beyond any judicial
review.
l In Britain civil and criminal cases are heard separately in separate
courts.
l The jury system is a special feature of the judicial system of Britain.
l In Britain, the judges are provided with statutory security. They are
appointed by the Crown from among the middle age group members
of the bar.
l Rule of Law is one of the most striking features of the British
Constitution that ensures rights and liberties to its people. A.V. Dicey
has given a classical formulation of the concept of Rule of Law.
l The Supreme Court is now a fundamental pillar of the British
Constitution. Until the establishment of the Supreme Court in the UK
in October 2009, the House of Lords used to serve as the highest
court of appeal. Now, the Supreme Court is the final court of appeal
for all United Kingdom civil cases, and criminal cases from England,
Wales and Northern Ireland.
8.7 FURTHER READING

2) Ghai,K.K. (2006). Major Governments. New Delhi : Kalyani

Publishers.

3) Chakravarty, Sivnath. & Chakravarty, Anup. (ed.) (2000-01). An

Pvt. Ltd.

Ans to Q No 1: True
Ans to Q No 2: Solicitor
Ans to Q No 3: True
Ans to Q No 4: Jury system is a special feature of the judicial system of
Britain. Under this system the accused has the right to demand for
a bench of jurors to decide his or her case in all British courts except
the lowest and the highest court. Jurors are selected from the local
area itself but they must not be related with legal practice. The
number of jurors constituing the jury bench differ from place to
place— in England it is 12 while in Scotland it is 15. They either
have to give a unanimous decision like in England, or majority
decision like in Scotland. Otherwise a new bench of jury is constituted
by the judge to hear the case.
Ans to Q No 5: The House of Lords
Ans to Q No 6: 2009
Ans to Q No 7: Yes
Ans to Q No 8: The High Court of Justiciary
8.9 MODEL QUESTIONS

Q 1: Mention any two features of the British judiciary.
Q 2: In Britian, a well organized judicial system came into being after the
passage of which Acts?

Q 3: When was the Supreme Court in the UK established ?

Q 4: Who has given a classical formulation of the concept of Rule of
Law ?
Q 1: Explain the bifurcation between civil and criminal cases in Britain.
Q 2: Discuss the role and functions of the Supreme Court in Britian.
Q 3: Explain the jury system and indpendence of the judiciary as features
of the British judicial system.
Q 1: Absence of Aministrative Courts is an important feature of the British
Judiciary. Discuss.
Q 2: Discuss the salient features of the British judiciary.
Q 3: Critically discuss the role of Rule of Law in the context of the
functioning of judiciary in the UK.
*** ***** ***

UNIT 9 : PARTY SYSTEM IN UK
UNIT STRUCTURE

9.2 Introduction
9.3 History of Political Parties in the United Kingdom
9.4 Features of the British Party System
9.5 Major Political Parties in the United Kingdom
9.5.1 Labour Party
9.5.2 Conservative Party
9.6 Role of Opposition in the British Political System
9.7 Let Us Sum Up
9.8 Further Reading
9.9 Answer to Check Progress
9.10 Model Questions
After going through the unit, you will be able to -

l describe the history of the party system in the United Kingdom
l explain the basic features of the British Party System
l elaborate the organization of political parties in the United Kingdom
l discuss the role of the opposition in British Parliamentary System.
9.2 INTRODUCTION
This unit introduces you to the party system prevailing in Britain.

With the adoption of parliamentary form of government and universal adult
franchise, political parties have become an indispensable part of the British
political system. But like many other liberal democracies political parties
are not mentioned in the Constitution or any other law of the United Kingdom.
Thus political parties are extra constitutional growth, yet British political

Unit-9 Party System in UK
system cannot operate without them. Party system has become so

integrated in the political process of the country that it is now impossible to
run the country without these parties. British political system has been
working very efficiently and successfully with a two-party system. In fact
British Constitution has developed much through the working of the two
party systems.
9.3 HISTORY OF POLITICAL PARTIES IN THE

UNITED KINGDOM
The question of a political party did not come to the forefront till the
Parliament stopped working as an advisory body to the Monarch. The first
seed of political party was sown during the Tudor period when the Puritans
started behaving as an organized group against the religious toleration
shown by Queen Elizabeth I. The Long parliament summoned by King
Charles I also depicted a sharp division between the Cavaliers or Royalists
and Roundheads or Parliamentarians. The former wanted the expansion
of the power of the King while the latter was in favour of shrinking down the
powers of the King with the interference of the parliament. The issue of
limiting further power of the Monarch led to a division among the members
of the parliament. Hence there emerged two groups, known as Whigs and
Tories. Whigs wanted reform and cut in the power of the Monarch, while
Tories supported Monarchy. Both of these were active during the Glorious
Revolution of 1688 where from the sovereignty of the Parliament was
accepted. This is a milestone in the growth of political party in the United
Kingdom as it gave a formal recognition to the country’s political parties.
Throughout the 18th century the Whigs and Tories group remained very
active and held power from time to time. Towards the end of the same
century, Whigs strongly supported democratic reforms while the Tories
wanted to restore Monarchy. After the passage of the Reform Act of 1832,
Whigs were named as Liberals and Tories were come to known as
Conservatives.

Party System in UK Unit-9
The Labour Movement started to grow after the Industrial Revolution.

Thereafter many organizations were formed in the United Kingdom like Social
Democratic Federation in 1881, Fabian Society in 1883, and Independent
Labour Party in 1893 and they started to assert due labour representatives
in the Parliament. For this purpose Labour Representative Committee was
set up in 1899 which came to be known as Labour Party from the year
1906.
By the first part of the 20th century, United Kingdom had four parties-
the Conservative Party, Liberal Party, Labour Party and Unionist Party. At
the beginning the first two parties were prominent, but since 1922 election
when the Labour Party got the second largest majority in the House of
Commons, the influence of the Liberal Party came down. Since then either
the Conservative party or the Labour party has been in power to form the
government. Thus bi-party system is prevailing in Britain even though there
are some minor parties like Communist Party, Social Democratic Party
and so on.
9.4 FEATURES OF THE BRITISH PARTY SYSTEM
The major features of the party system of United Kingdom can be

discussed under the following heads-
l Bi-party system: A significant characteristic of the British party
system is the existence of the two well organized political parties
since the 17th century when political parties can be said to have
come into existence. Earlier, there was a contest between
Conservative and Liberal Party and now the Labour party has come
to the limelight by overriding the Liberal party. It is not that there is
not a third party in Britain, but these are always insignificant. The
Englishmen are more familiar with the two party culture. The role of
some minor parties like Social Democratic party, Communist party
and now Liberal party is not very significant. The two party system
has provided stability and permanence to the political system of
Britain. People are now habituated with this bi-party system with

the elections centering on a clear contest between the Conservative

party and the Labour party.
l Extra-Constitutional Entity: Political parties are extra
constitutional growth in Britain. These are not mentioned either in
the Constitution or any law of the country. Political parties have
emerged gradually throughout the history of the British political
system.
l Highly Centralized Political Party: In the United Kingdom, the
political parties are highly centralized. Each major party has a strong
organization both at the national and local levels. Each party has a
high degree of leadership and the members of the party follow the
party leaders. Members of all the parties follow strict discipline as
envisaged by their respective party leaders. The candidates for
elections are nominated by the central rather than local units. If a
member votes against the wishes of the party he or she is likely to
be expelled from the party.
l Moderation and Compromise: The political parties of Britain are
characterized as very moderate in their attitude. Just as the
Conservative Party does not comprise only the rich and the business
classes, the Labour party has also some other members drawn
form sections other than the working class people. All workers do
not necessarily vote for the Labour party, nor all businessmen vote
for the Conservative party. The Conservatives have liberalized their
conservatism while the Labour party has moderated its socialism.
Today, the Labour party also supports market economy, free
economy and globalization. Even in the House of the Parliament
political parties are never aggressive and the opposition party always
provides constructive criticisms.
l Strong Organizational Structure: Political parties in the United
Kingdom are also characterized by the existence of strong party
organizations. There are regular party elections and their inner party
discipline is very strong.

l Organized Opposition Party: The opposition party in Britain is

also no less important than the ruling party. The organized opposition
with its ‘shadow cabinet’ acts as an instrument of control over the
ruling cabinet. It has vigilance over the working of the government. It
Shadow Cabinet : It
brings into light the omission and lapses of the ruling party. The
is the Cabinet
leader of the opposition is regarded as the next alternative Prime
organised by the
Minister and his or her views are respected by the ruling government.
leader of the
opposition organised
l Continuity in Operation: The political parties in Britain remain active
along the lines of the
in both electoral and political activities throughout the year. As soon
ruling Cabinet . It
as an election is over all the political parties begin to prepare for the
criticises the policy of
next election. In this way they keep a good look at the wishes of the
the ruling Cabinet.
people all the time. This has contributed to the success of the British
democracy as an institution that caters for the needs of people for
all time.
Besides these, political parties of the United Kingdom are also featured
by the absence of political defection, adherence to strict party discipline
and also by the absence of deep ideological differences among the parties.
ACTIVITY 9.1
Compare the party system of the United Kingdom with that of India.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................

CHECK YOUR PROGRESS
Q 1: Mention the names of the two major political parties in the UK.
.............................................................................................................
.............................................................................................................
Q 2: The first seed of political party was sown during the
…………………………….. period. (Fill in the blank)
Q 3: The political parties in Britain are highly centralised. (True/False)
.............................................................................................................
Q. 4: Describe one feature of the British party system and how it has
strengthened the British democracy. (within 50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
9.5 MAJOR POLITICAL PARTIES IN THE UNITED

KINGDOM
We have mentioned earlier that the party system in Britain is

basically dominated by the two parties throughout the ages. The organization
and principles of these parties can be discussed under the following heads-
9.5.1 Labour Party
The Labour Party is the political expression of the working

class movement in England. It came into existence in 1906 and
from then it has been growing rapidly. It emerged as the second
largest party in 1922 general election. The Labour Party is the product
of two forces i.e. trade unionism and socialism.

Ø Organization of the Labour Party : It is composed of four

organizations- socialist and semi socialist societies,
intellectual and professional men, trade unions and co-
operatives, and local organizations of the party. It has an
elaborate organization with many labour organizations like
local trade union organizations, young socialist society, and
local socialist society.
In the beginning, Labour Party used to give limited
membership. Prior to 1918, Labour Party was not a national
organization having branches open to individual members in
every constituency; rather it was a federation of trade unions,
trade councils, and socialist society. During that time any
individual who desired to be the member of the party must
have the membership of all these components. But after the
end of the First World War its membership was opened for
all- men and women alike “who are individual members of
the local labour party and who subscribe to the constitution
and programme of the party”. At present there are broadly
two ways to get party’s membership- firstly, by taking
membership of an affiliated organization and secondly, by
direct membership and subscribing to a local constituency
organization. The membership for the party is open for all
sections of the society including teachers, businessmen,
officers, Bishops, agriculturalists, etc.
Annual Party Conference : The basic organization of the
Labour party is the Annual Party Conference composed of all
the delegates from the member organizations. Resolutions
adopted in the Party Conference determine the party’s policy. It
formulates the principles and instructions to be carried out by
the National Executive Committee of the Party, its affiliated
organizations, its representatives in the Parliament and the local
authorities.

National Executive Committee: It is the administrative

organization of the party. It is elected by the Annual Party
conference, responsible for the management of party affairs.
National Executive Committee is very powerful as it directs wide
range of activities of the party and no one can carry the party
label in an election without its approval. It can also expel any
member or disaffiliate any organization from the party. But these
actions must be put before the Party conference for review.
Parliamentary Labour Party (PLP): It consists of all the elected
members of the party to the House of Commons. When the
Labour Party gets majority in the House of Commons its leader
forms the ministry and becomes the Prime Minister. When the
party forms the opposition, the leader of the PLP organizes the
‘shadow cabinet’ working as an instrument of opposition against
the ruling government. When working as opposition, the PLP
elects three persons at the beginning of each parliamentary
session- the chairman and leader of the party, the vice chairman
and deputy leader and the chief whip of the party. In addition to
this PLP elects 12 members and thus forming a total of 15 that
constitutes the Parliamentary Committee of the Party.
National Council of Labour: Besides these, there is another
organ of the Labour Party, which is basically a coordinating
agency, known as National Council of Labour. It coordinates
activities and policies of the party at different fields of
participation. Consisting of 21 members, it has representatives
seven from Trade Union Congress, five from NEC, four from
PLP and four from Co-operative Union.
Ø Objectives of the Labour Party: The following are the
major objectives of the Labour Party:
m Along with the elimination of class struggle, labour party
wants to establish a welfare state in the United Kingdom.
m It wants to democratize the institution of Monarchy and
House of Lords.

m It holds that all private property and enterprises should be

brought under the control of the state. The key industries
need to be nationalized.
m It is opposed to the communist philosophy in the sense
that it believes that the regulation and control that a socialist
economy require, should not impinge on the basic liberties
of citizens. Freedom of discussion and criticisms should
be properly safeguarded.
m It speaks for self government in Colonies and
Dependencies under the British Empire.
m In the arena of politics as well as economics, the Labour
party has been advocating the policy of Liberalization since
1990s.
m In international relations, the dream of the party is to set
up a Socialist Commonwealth in the long run, but for the
time being it wants to build close ties with the United
Nations and build up collective security.
9.5.2 Conservative Party
The Conservative Party is the successor to the Tories which

was founded in 1678. It is the party of the aristocratic, wealthy, rich
and upper middle class of the British society. It favours the old
institutions like the Crown, Church, House of Lords, private property
and the like. It entrusts great power in its leader and hence the leader
of the party has dominant power over the policies and working of
the party.
Ø Organization of the Conservative Party
The organization of the Conservative party is not as elaborate
as that of the Labour party. At the top there is the National Union of
Conservatives and Unionist Associations (NUCUA). There are
separate Unionist Associations for Scotland and North Ireland.
NUCUA is a federal organization to which constituency associations
are affiliated. It has a Central Council and Executive Committee.
The Central Council consists of 15 categories of members like

university graduates, constituency association, and central
association. The Central Council or Central Office carries out all
administrative functions of the party. The Central office is headed
by the chairman of the party who is nominated by the party leader.
Besides controlling nomination of the party candidates, it manages
the party’s financial affairs. The Central office or Central Council is
the governing body of the NUCUA. It organizes the party’s annual
conferences. It organizes the local party groups, conducts publicity
campaigns, raises party funds and conducts some other party
works. The Central Office functions as the secretariat of the leader
of the party and it is controlled by the party’s leader. The Executive
Committee of the NUCUA is basically an advisory body. It looks after
the affairs of the party during the intervals of the meetings of the
central office.
The leader of the Conservative Party exercises tremendous

power and authority. He alone has the exclusive responsibility for
the formulation of policies and programmes of the party. He is
informed by the Central Office about the position of the party in the
constituency. Once elected, he continues to hold office for life. He
nominates his successor.
The Parliamentary Party is the policy making body of the party.

It is composed of all party members elected to the House of
Commons. The leader of the party is elected by it. When the party
forms the government, he becomes the Prime Ministers. When it
works as a minority in the House of Commons, it works as opposition
and the leader becomes the leader of the Opposition.
Ø Objectives of the Conservative Party

The following are the major objectives of the Conservative Party-
m It does not believe in class-struggle; rather, for the

Conservatives, the differences based on quality can give the
best result and bring unity in the state.
m It wants to retain all the traditional and cultural heritage of

British society like the church, monarchy or property.
m This party is a strong advocate of the Laissez-Faire theory

according to which every individual should have the right to
pursue his or her own ends and the state need not interfere
in the affairs of the individual. In other words, it favours market
economy. The conservatives do not support the
nationalization of any industry.
m The members of the party want to safeguard the British

Imperial interest throughout the world. They do not believe
in the self government in the British Colonies or
Dependencies.
Besides these two parties that have been playing a major

role for the last many decades, British party system also has some
minor parties. Liberal Democratic Party which was known as Liberal
party used to be of great significance before the rise of the Labour
party. The lukewarm reform policy propagated by the party could
neither attract the labour class nor the capitalist class. They advocate
liberty of all forms like religious liberty or political liberty like equal
franchise right. The Communist party consists of the members who
follow the ideology of Marx. They want to abolish capitalism and set
up the rule of the worker. Its significance in Britain is very limited as
the interest of the working class is very carefully taken care of by
the Labour party. There was split in the Labour party in 1980s and
that led to the formation of the Social Democratic party. The members
of this party advocate for mixed economy and continuity of Britain’s
membership in the European Union. It does not support trade
unionism and socialism.

ACTIVITY 9.2
Find out the name of the present ruling political party in the UK and
its leader.
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
LET US KNOW
l The Liberal party was earlier known as Whigs and the Conservative
party was known as Tories.
l The slogans of the Conservative party is ‘Quality’ and Opportunity’
while that of the Labour Party is ‘Equality and Security’.
l The Labour party created history by winning three consecutive
elections in 1997, 2001 and 2005.
9.6 ROLE OF OPPOSITION IN THE BRITISH

POLITICAL SYSTEM
The opposition party has got a special recognition in the United

Kingdom and it is known as “Her Majesty’s Opposition”. The leader of the
Opposition is taken as the next prospective Prime Minister. The Opposition
works in a disciplined and organized manner. The criticisms made by the
opposition are always constructive. Under the prevailing bi-party party
system no party remains in opposition for all the time. For example, the
Conservative party was in power from 1979-97, whereas the Labour party
was working as opposition. Now the Conservative party is the ruling party
since 2010 and the Labour party is working as Opposition. The Opposition
in Britain is as strongly organized as the ruling cabinet. It renders all kinds
of co-operation to the government in national crisis.
The role performed by the Opposition can be outlined in the following
way-
l By criticizing governmental policies and policy makers, it makes the
government responsible and accountable for every action it takes. Along
with criticizing the governmental programme through questions and
debates in the Parliament, the Opposition provides alternative solutions
and strategies to the government.
l It controls the ruling government through parliamentary debates,
privileges and rules of procedure.
l It keeps the public abreast of every step taken by the government. It
helps in the formation of vibrant public opinion.
Thus, the Government rules and the Opposition in the Parliament
evaluates and inspects its rule through constructive criticism.
CHECK YOUR PROGRESS
Q 5: In which year was the Labour party formed?

.............................................................................................................
Q 6: The basic organization of the Labour party is the Annual Party
Conference. (True/False)
.............................................................................................................
Q 7: The ………………………….. favours the old institutions like the
Crown, Church, House of Lords, private property and the like.(Fill
in the Blank).

Q. 8: What is the full form of NUCUA?

.............................................................................................................
.............................................................................................................
Q. 9: Discuss in brief the differences between the Conservative and
Labour parties. (within 50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
Q. 10: Discuss the role of the Opposition in the British parliamentary
system. (within 50 words)
.............................................................................................................
.............................................................................................................
.............................................................................................................
.............................................................................................................
9.7 LET US SUM UP
l In UK we can see the existence of two party system. The success

of British political system is largely the outcome of the existence of
two major parties that guarantees stability to the government. The
moderate and compromising approach, strict discipline and principle
of the political parties are the key to the success of British political
system.
l In Great Britain political parties have evolved by passing through
several stages.
l The British party system has several features, such as- it is a bi-
party system, political parties are extra constitutional growth in Britain,
the political parties are highly centralized in Britain, political parties
of Britain are characterized as very moderate in their attitude, political
parties in the United Kingdom are also characterized by the existence

of strong party organizations, existence of strong and organised

opposition, political parties in Britain remain active in both electoral
and political activities throughout the year.
l The two major political parties in Great Britain are Labour Party and
Conservative Party.
l The opposition party has got a special recognition in the United

Kingdom. The Opposition works in a disciplined and organized
manner. Under the prevailing bi-party party system no party remains
an opposition for all the time. The Opposition in Britain is as strongly
organized as the ruling cabinet. It renders all kinds of co-operation
to the government in national crisis. In Great Britain the Government
rules and the Opposition in the Parliament evaluates and inspects
its rule through constructive criticism.
9.8 FURTHER READING

2) Ghai,K.K.(2006). Major Governments . New Delhi : Kalyani

Publishers.

Pvt. Ltd.

Ans to Q No 1: Conservative party and Labour party

Ans to Q No 2: Tudor

Ans to Q No 3: False
Ans to Q No 4: Bi-party system: A significant characteristic of the British
party system is the existence of the two well organized political
parties since the 17th century when the political parties can be said
to have come into existence. Earlier, there was a contest between
the Conservative and the Liberal Party and now the Labour party
has come to the limelight by overriding the Liberal party. It is not that
there is not a third party in Britain, but these are always insignificant.
The Englishmen are more familiar with the two party culture. The
role of some minor parties like Social Democratic party, Communist
party and now Liberal party is not very significant. The two party
system has provided stability and permanence to the political system
of Britain. People are now habituated with this bi-party system with
the elections centering on a clear contest between the Conservative
party and the Labour party.
Ans to Q No 5: 1906
Ans to Q No 6: True
Ans to Q No 7: Conservative party
Ans to Q No 8: National Union of Conservatives and Unionist Associations
Ans to Q No 9: While the Conservative Party follows the ideology of market
economy, the Labour Party wants to bring a welfare state in Britain.
The former are the followers of the Laissez Faire theory advocated
by Adam smith and others, while the latter believes in socialist
principles. For the former, there should be open economy,
globalization and liberalization where the market should have a
greater role to play and the states need to confine itself in the
protection of life and property of the people. The Conservative party
wants to maintain all traditional institution like Monarchy, church or
property, while the Labour party wants to make reform of the same.
Of late, the Labour party has liberalized its strict socialistic principles
and advocates for open economy and globalization. Thus, the
ideological differences between the followers of the two parties have
come down.

Ans to Q No 10: The opposition party has got a special recognition in the
United Kingdom and it is known as “Her Majesty’s Opposition”. By
criticizing the governmental policies and the policy makers, it makes
the government responsible and accountable for its every work. It
controls the ruling government through parliamentary debates,
privileges and rules of procedure. It keeps the public abreast of every
step taken by the government. It also helps in the formation of a
vibrant public opinion. Thus, the government rules and the opposition
in the parliament evaluates and inspects its rule.
9.10 MODEL QUESTIONS

Q 1: Mention names of any two organisations formed in the United
Kingdom after industrial revolution.
Q 2: What are the two forces that contributed in the emergence of the
Labour Party?
Q 3: Which is the policy making body of the Conservative Party?
Q 1: Explain the role of opposition in Britain.
Q 2: Write a short note on the history of evolution of political parties in
the United Kingdom.
C) Long Questions (Answer question in about 300-500 words)
Q 1: Describe the features of the British party system.
Q 2: Discuss the organization and objectives of the Labour party of Britain.
Q 3: Discuss the organization and objectives of the Conservative party
of Britain.
**********

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Exam Code : PSM4B

SELECT POLITICAL SYSTEMS (UK & USA)

KRISHNA KANTA HANDIQUI STATE OPEN UNIVERSITY

Select Political Systems (UK & USA) 1

1 & 2,3,4,5 Dr. Abhijit Bhuyan, KKHSOU

7 Dr. Manashi Sarma,

Arya Vidyapeeth College, Guwahati

6, 8 & 9 Dr. Khaleda Sultana Ahmed, Guwahati

Structure, Format & Graphics : Jahnabi Devi, KKHSOU

Headquarter : Patgaon, Rani Gate, Guwahati - 781017

4 Select Political Systems (UK & USA)

Select Political Systems (UK & USA) 5

6 Select Political Systems (UK & USA)

Select Political Systems (UK & USA) 7

1.1 Learning Objectives

1.1 LEARNING OBJECTIVES

After going through this unit, you will be able to -

The constitution of almost every country in the world exists in the

Select Political Systems (UK & USA) 9

1.3 DEVELOPMENT OF THE BRITISH CONSTITUTION

The British Constitution is a product of a long process of evolution.

10 Select Political Systems (UK & USA)

Select Political Systems (UK & USA) 11

influence of Kingship. Thus, Parliament, though it survived, did not place

CHECK YOUR PROGRESS

Q 1: During the Anglo-Saxon period, England was a loose aggregation

l Stuart Period(1603-1714): After the death of Elizabeth, the throne of

12 Select Political Systems (UK & USA)

Glorious Revolution led to the overthrow of King James

l Hanover Period (1714-1837) : The Glorious Revolution of 1688

Select Political Systems (UK & USA) 13

legislative supremacy of Parliament and restricted the powers of the

The Bill of Rights embodied the constitutional rules and

CHECK YOUR PROGRESS

14 Select Political Systems (UK & USA)

Q 6 : Mention some of the important provisions of the Bill of Rights.

1.4 LET US SUM UP

l The British Constitution is a product of a long process of evolution.

l The Norman conquest of England in 1066 marked a new development

l During the Plantagenet period, the powers of the Parliament increased.

Select Political Systems (UK & USA) 15

16 Select Political Systems (UK & USA)

1.5 FURTHER READING

1) Bhagwan, Vishnoo & Bhushan, Vidya. (2007). World Constitutions.

2) Ghai,K.K.(2006). Major Governments. New Delhi : Kalyani

3) Chakravarty, Sivnath & Chakravarty, Anup. (ed.) (2000-01). An

4) Sachdeva and Gupta. (1984). A Simple Study of World Constitutions.

1.6 ANSWERS TO CHECK YOUR PROGRESS

Ans to Q No. 1 : True

Select Political Systems (UK & USA) 17

1.7 MODEL QUESTIONS

A) Very Short Questions

18 Select Political Systems (UK & USA)

2.1 Learning Objectives

2.1 LEARNING OBJECTIVES

After going through this unit, you will be able to-

The British Constitution is the result of evolution over a long period

2.3 SALIENT FEATURES OF THE BRITISH

Let us now discuss the features of the British Constitution. These

Select Political Systems (UK & USA) 19

l It is mostly Unwritten: The first important feature of the British

Magna Carta is an English legal charter originally issued