TERM PAPER ASSIGNMENT

POLITICAL SCIENCES

NAME OF TOPIC

PRESENDITAL FORM OF GOVERNMENT IS SUITABLE FOR INDIA

STUDENT NAME – DHRUV RAJPUROHIT

ROLL.NO – 32

DIVISION – A

SEMESTER – 1

DATE OF SUMISSION - 10 OCTOBER 2021

FACULTY OF LAW

GLS UNIVERSITY
 Submitted by Dhruv Rajpurohit

INTRODUCTION

1. Understand the Indian Parliamentary System of Government: -

 India is a federal (or quasi-federal) democratic republic with a parliamentary

system of government largely based on the UK model.
 India’s federal legislative branch consists of the President, the Rajya Sabha
(Council of States) as the upper house, and the Lok Sabha (House of the
People) as the lower house.
 If a political party or a coalition receives more than half of the total number of
seats in the Lok Sabha is able to form a government.
 Under Indian Parliamentary system of government – the executive is
responsible to the legislature for its policies and acts.
 The Constitution of India provides for a parliamentary form of government,
both at the Centre and in the States.
2. Features of the parliamentary system: -
1. Close relationship between the legislature and the executive: Here, the Prime
Minister along with the Council of Ministers form the executive and the Parliament is
the legislature. The PM and the ministers are elected from the members of parliament,
implying that the executive emerges out of the legislature.
2. Executive responsible to the legislature: The executive is responsible to the
legislature. There is a collective responsibility, that is, each minister’s responsibility is
the responsibility of the whole Council.
3. Dual executive: There are two executives – the real executive and the titular
executive. The nominal executive is the head of state (president or monarch) while the
real executive is the Prime Minister, who is the head of government.
4. Secrecy of procedure: A prerequisite of this form of government is that cabinet
proceedings are secret and not meant to be divulged to the public. 
5. Leadership of the Prime Minister: The leader of this form of government is the
Prime Minister. Generally, the leader of the party that wins a majority in the lower
house is appointed as the PM.
6. Bicameral Legislature: Most parliamentary democracies follow bicameral
legislature.
7. No fixed tenure: The term of the government depends on its majority support in the
lower house. If the government does not win a vote of no confidence, the council of
ministers has to resign. Elections will be held and a new government is formed.
Although India follows this system chiefly influenced by the British model, there are a few
differences between the Indian and British systems. They are:

 In India, the PM can be from either the Rajya Sabha or the Lok Sabha. In Britain, the
PM will always be from the lower house, the House of Commons.

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 In Britain, the speaker once appointed, formally resigns from his/her political party. In
India, the speaker continues to be a member of his/her party though he/she is expected
to be impartial in the proceedings.
 The concept of a shadow cabinet is absent in India. In Britain, the opposition forms a
shadow cabinet that scrutinises the actions and policies of the government. It also
offers alternative programmes.

Basis  Parliamentary  Presidential 

Executive  Dual Single 

Accountability Executive accountable to legislature Executive not accountable to

legislature

Ministers  Only from among MPs People outside the legislature can be
appointed

Dissolution of lower PM can dissolve before the expiry of President cannot dissolve
house the term

Tenure  Not fixed Fixed 

3. Comparison of Presidential and Parliamentary Systems: -

4. Introduction to the Issues: -

 Pluralist democracy is India’s greatest strength, but its current manner of

operation is the source of our major weaknesses.
 There have been legislators who are largely unqualified to legislate and who
have sought election only in order to wield executive power.
 Since governments depend on legislative majority, they obliged to focus more
on politics than on policy or performance.
 The preferences of the electoral college are distorted as they know their
individual preference that they want to vote for but not necessarily which
parties.
 Spawned parties that are shifting alliances, for selfish individual interests.
 Sometimes governments focus on catering to the lowest common denominator
of their coalitions is more rather than governance.
5. Reasons for emerging weaknesses: -

 In the absence of a real party system, the voter chooses not between parties but
between individuals, usually on the basis of their caste, their public image or
other personal qualities.

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 It has come to be such a situation in India where a party is often a label of

convenience which a politician adopts and discards frequently.
 The prime minister cannot appoint a cabinet of his choice, in order to cater to
the wishes of the political leaders of several parties.
 In many cases, the anti-defection Act of 1985 has failed to cure the problem,
since the bargaining has shifted to getting enough MLAs to resign to topple a
government.
 Most laws are drafted by the executive (in practice by the bureaucracy) and
parliamentary input into their formulation and passage is minimal, with many
bills being passed after barely a few minutes of debate.
 MPs have to vote as their party directs, as a disagreement with the “party
whip” itself attracts disqualification (2nd Article)
 Many instances where the parties that failed to form government demonstrate
of their power to disrupt.
6. Positives Reasons for a Presidential System: -

 For the individual he or she wants to be ruled by, and the president will truly
be able to claim to speak for a majority of Indians rather than a majority of
MPs.
 At the end of a fixed period of time, the public would be able to judge the
individual on performance in improving the lives of Indians, rather than on
political skill at keeping a government in office.
 Presidential System will ensure stability of tenure free from legislative whim.
 The Presidential System will provide sufficient power and space to be able to
appoint a cabinet of talents,
 With the Presidential system in place, a President will be able to devote his or
her energies to governance, and not just to government.

7. Risks of Presidential System: -

 As a commanding president, immune to parliamentary defeat and unaffected

by public opinion, could rule the country arbitrarily – resulting in a
dictatorship.
 If the ruling party in the presidential system loses majority midway, then there
is no provision for opposition party to form the government (as available in
Parliamentary system, where the president invites opposition to form
government and prove majority) – This means there will disruption as new
government cannot be formed without fresh elections.
 As the executive is not part of the legislature, the presidential system increases
the probability of conflicts between the executive and legislature and may lead
to delays in passing of bills. (As it can be seen in the U.S. where the Senate
blocks passage of bills that are coming from the House of representatives.)

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8. Conclusion: -

A switchover to the presidential system is not possible under present constitutional scheme of
India because of the ‘basic structure’ doctrine propounded by the Supreme Court in 1973.
India’s tryst with democracy began with its efforts to overcome the colonial legacy marked
by underdevelopment, poverty, illiteracy and social and economic inequalities. Democracy
was construed as a flexible system wherein every citizen makes his/her contribution to the
society. However, the past few decades since independence have clearly demonstrated that in
India, democracy has failed to deliver its purpose, both theoretically and practically. In the
present context of rapid degradation of democratic norms, criminalization of politics,
corruption in the legal, executive and political sects of the government meant for facilitating
and catering to people’s needs and open violation of electoral reforms, alternative forms of
democracy have become increasingly needed in India. The alternative form of democracy
that could be made applicable in India is that of Participatory Democracy.

9. Suggestions: -

Participatory democracy is seen as a form of social action and political practice expanding
the arena of politics beyond the representational institutions of elections, political parties
and the bureaucracy. The Participatory democracy is inclusive of deliberative, consensus,
anticipatory and semi-direct democracy. However, the researcher recommends the Semi-
direct Democracy  or Semi-Presidential system of democracy in India like it has been adopted
in France. In such a system, the balance of power shifts decisively from the politicians to the
citizens where it truly belongs. This form of system is effective and desirable since it is not a
fully Presidential form of democracy, nor it is as similar to the present Parliamentary system.
This will increase the role of common man in the matters of public concern and importance.
The President shall be made more powerful and responsible. People will be able to elect their
head of the executive as well as the State. The active role of the president will ensure smooth
functioning of the three organs of the government. This idea of participatory democracy was
central to Gandhiji’s political thinking and practice. It features public participation, Rule of
law, transparency, responsiveness, consensus of the public and the three organs, efficiency
and accountability. Thus, this form of democracy will be a key to effectuate good governance
and participatory citizenship in India because of the following reasons:

 The demand for greater transparency in government decision making

processes in order to assure public scrutiny and participation in governance.
The RTI (Right to Information) is an example for such a demand.
 The demand for accountability of people in power through decentralization of
the decisions-making power to the lowest levels for direct people’s
participation in the process.
 The demand for competition in government monopolized areas by
encouraging the participation of private individuals in those areas which will
lead to better delivery of services.

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Such an adoption will require the amendment of the Constitution. Since the constitution has
already been amended multiple times by the legislature, another amendment for the benefit
and in the interest of the public would not be objectionable. Also, to implement the idea of
participatory democracy, technological resources can be used to enhance the role of people in
the election and decision-making processes and look into their interest and political and
social destiny. Internet has a great role and ease to deliver in such a case. An online voting
mechanism can be introduced for the purpose of people’s will and views in major areas.
Today, internet has reached almost every district of India and its usability and connectivity
would be effective in this regard. People would be able to vote and participate without any
harassment. This will entail a fairer and a more appropriate approach to the prevailing
demands and needs. Therefore, semi-direct democracy type of participatory democracy along
with technology would be in the interest of the nation.

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