Constitutions of France,

India and China

Political system of
China
 Introduction
• all the power > National People’s Congress > a decision-making and executive organization
(yixingheyi) as well as a legislature
• Administrative organs and judicial and military machinery on the national level > responsible
to and supervised by the National People’s Congress. a unitary state.
• one constitution and one legal system > Hong Kong and Macao, however, have independent
legal system since returning to China in 1997 and 1999.
• Division of power between the national and the local government.
• Citizens have constitutional rights > but rarely invoked by citizens in courts > There has
never been a constitutionality suit in a Chinese court > Only the standing committee of the
National People’s Congress has the authority to interpret the constitution. > has the power to
review the legitimacy of national and local administrative regulations and of local statutes.
• Presidency > part of the supreme state power > acts with the standing committee of the
National People’s Congress as head of the state. > major function of presidency –
representation of country in the world.
 Introduction
• party system > multiparty cooperative system led by the Communist Party > CP - ruling
party
• other parties are auxiliaries.
• The Chinese People’s Political Consulting Conference > coordinates the various parties
under Communist direction.
• Religious freedom > granted by the constitution cannot be dominated by foreign
influences.
• Economy > a socialist market economy since 1992. the First Session of the Eighth
National People’s Congress on March 29, 1993, > amended the constitution > “The state
practices a socialist market economy.
• The state shall enhance economic legislation and improve macro-control of the economy.
• The state shall, in accordance with the law, prohibit disturbance of the socioeconomic
order by any organization or individual.”
The National People’s Congress and Its Standing Committee (the
Parliament of China)
• Highest organ of state power.
• legislative power > resides in the congress and its Standing Committee. >
congress creates and holds accountable all the other central governing bodies
Functions and powers (Article 62)
1.to amend and to enforce the constitution
2.to enact and amend basic statutes concerning criminal offenses, civil affairs, the
state organs, and other matters;
3.to elect the president, the vice president, and other top officials;
4.to approve the national economic and social development plan and its
implementation;
5.to approve the state budget and its implementation report;
6.to decide on questions of war and peace;
7.and to exercise such other functions and powers as the highest organ of state
power should exercise.
The National People’s Congress and Its Standing Committee (the
Parliament of China)
• Composition:
• almost 3,000 deputies > elected indirectly through several levels from the various
provinces and other high-level administrative divisions and from the armed forces.
➢ Five-year term
➢ convene once a year for less than 20 days.
• The Standing Committee
• Permanent body of the congress > exercises almost all powers when the congress is
not in plenary session.
➢ elected by the National People’s Congress.
➢ members may not hold any office in any of the administrative, judicial, or other organs
of the state.
➢ perform nearly all the functions of the congress > cannot change the laws contriving
basic principles of such laws.
➢ interprets statutes and supervises the State Council, the central military commission, the
Supreme People’s Court, and the Supreme People’s Procuratorate, among others (Article 67).
 State Council

• Central administration > the executive body of the People’s

National Congress.
• Highest organ of state administration
• composed of the prime minister, the vice prime ministers, state
councilors, ministers in charge of ministries or commissions, the
auditor general, and the secretary general. > for 5 years.
• PM > nominated by the state president and is formally appointed by
the NPC.
• PM nominates all the other members and formally appointed by
NPC.
• PM responsible for whole Council
• enact administrative rules and regulation
 EXECUTIVE
• The 1982 constitution designates the president of the People’s Republic of
China as the head of state.
• The president’s duties include promulgating laws and decrees, ratifying
treaties and other agreements with foreign states, appointing members of the
State Council and other important officials, and receiving foreign diplomatic
representatives.
 The President
• The president acts as the head of state and represents the country to the
outside world.
• According to the constitution, citizens who have the right to vote and to run
for elections and who have reached the age of 45 are eligible to be president
or vice president (Article 79).
• Both are elected by the National People’s Congress.
• Their terms of office are the same as that of the congress, and they can serve
no more than two consecutive terms.
• In recent years the constitutional convention that the general secretary (head)
of the Communist Party has also been the state president has developed.
 Communist party of China
1. Introduction
2. Membership
3. Organization
i. The cells or primary party organization
ii. The county or municipal party congress
iii. The provincial congress
iv. The national party congress
v. Central committee
vi. The Polit bureau
vii. The standing committee(brain)
viii. Central committee
4. Role of CCP
Constitution of India
 Constitutional Bodies
• well-defined executive, legislature, judiciary, and other statutory bodies both for the union and for
the state governments.
• The union executive > the president, the vice president, and the Council of Ministers headed by
the prime minister and is mandated to aid and advise the president
• The legislature of the union, the Parliament, consists of the president and two houses, known as
the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
• State level > the executive consists of the governor and the Council of Ministers with a chief
minister as its head.
• Every state have a legislature > consists of a governor and one or two houses. The lower house is
called the Legislative Assembly and the upper house, where it exists, is called the Legislative
Council.
• Parliament, by law, can abolish an existing legislative council or create one where it does not exist.
• Unlike many federations > India has a single, integrated judicial system.
• In the shape of a hierarchy, with the Supreme Court at the apex.
• Independent statutory bodies to perform and supervise important functions.
• Public Service Commission,
• The Election Commission, the comptroller and the auditor general of India, the attorney general,
 The President
• Elected by members of an electoral college consisting of elected members of both
houses of Parliament and legislative assemblies of the states in accordance with the
system of proportional representation by means of single transferable vote. > suitable
weight is given to each vote > To secure equality among the states as well as between
the states and the union.
• Eligibility: The president must be a citizen of India, not less than 35 years of age, and
qualified for election as a member of the Lok Sabha.
• Term of office is five years > eligible for re-election
• Can be impeached for violation of the Constitution under Article 61 > one fourth of
the total number of either House can prefer (submit) a resolution of impeachment > 2/3
members must vote to pass impeachment resolution > after this, the other house will
investigate the charge and can impeach the president by 2/3 majority.
• The executive power of the union > vested in the president, as is the supreme
command of the union defense forces.
 Powers
1. Summons, prorogues, addresses, and sends messages to Parliament and
dissolves the Lok Sabha
2. The president promulgates ordnances whenever either house of
Parliament is not in session, initiates financial and money bills, and gives
assent to bills in general.
3. Grants pardons, reprieves, respites, or remission of punishment or
suspends, remits, or commutes sentences in certain cases
4. In case of failure of the constitutional machinery in a state, the president
can assume all or any of the functions of the administration of that state.
5. He can proclaim an emergency in the country if satisfied that a grave
emergency exists whereby the security of India or any part of its territory
is threatened, whether by war, external aggression, or armed rebellion.
 Legislature
• The legislature of the Union, called Parliament > consists of the president and
two houses, known as the Council of States (Rajya Sabha) and House of the
People or House of Commons (Lok Sabha). > each house must meet within six
months
• A joint sitting of the two houses > in certain cases.
• The Rajya Sabha (Council of States) > 250 members, of whom 12 are
nominated by the president for experts of literature, science, art, and social
service > 238 members from the states and union territories.
• Elections > indirect > by the elected members of legislative assemblies >
proportional representation > single transferable vote.
• union territories > elected as prescribed by law. not subject to dissolution > 1/3
members retire every second year.
 Legislature
• The Lok Sabha > chosen by direct election > adult suffrage.
• 552 members > 530 for states, 20 for union territories, and not more than 2 for Anglo-Indian
community > nominated by the president, if, in the president’s opinion, that community is not
adequately represented in the house).
• Total members > distributed among the states > in proportion to their population.
• 5 years term unless dissolved before Eligibility > a citizen of India > not less than 30 years for Rajya
Sabha and not less than 25 years for Lok Sabha.
• Functions and Powers > cardinal functions of legislating > overseeing the administration, passing the
budget, ventilating public grievances, and discussing various matters such as development plans,
international relations, and national policies.
• legislative power > under certain circumstances > on matters of the state.
• powers to impeach the president and to remove the judges of the Supreme Court and High Courts,
the chief election commissioner, and the comptroller and auditor general.
• legislation requires consent of both houses of Parliament > except money bills to be passed by Lok
Sabha >
 The Judiciary
• Independent of the executive and the legislature of both the union government and state
governments.
• Unlike many federations > single judicial system. > At the apex > the Supreme Court of India
> with a High Court for each state or group of states and a hierarchy of subordinate courts in
each state. > same structure in Pakistan.
• Supreme Court of India > 26 judges (including the chief justice) > hold office until 65 original
jurisdiction > dispute arising between the states, or between them and the union
government. >Highest Court of appeal
• The High Court > head of the state’s judicial administration. 21 High Courts > 3 have
jurisdiction over more than one state. > Each high Court > comprises a chief justice and such
other judges as the president may, from time to time, appoint. > chief justice and other
judges appointed by the president in consultation with the chief justice of India and the
governor of the state> Retire at 62.
• Structure and functions of subordinate courts are uniform throughout the country. These
courts deal with all disputes of civil or criminal nature
Constitution of
France
 Background
• France is a democratic republic with a unitary system that
combines features of presidential and parliamentary
government.
• Since 1789, she has been changing her constitution after
about every 12 years. Between 1789-1858, France had 16
constitutions
• The French Revolution And The Establishment Of The First
Republic France
• The old maxim ‘The King can do no wrong’ was replaced by
the new one : ‘The people are always right ‘.”
 Background
• France Re-Establishes Monarchy (1804)
• Second Revolution 1830 and The Third Revolution (1848) and
Establishment of the Second Republic France
• The Fourth Republic collapsed in part because its leaders were unable
to suppress the insurrection in Algeria that nearly brought civil war to
France itself.
• De Gaulle reclaimed a leadership role in 1958 and guided the Algerian
crisis to its conclusion, which was independence in 1962.
• De Gaulle—a national hero of the French resistance during World War
II and a leader of the postwar provisional government in 1944–46—
set about creating the Fifth Republic.
 Government institutions and practices
•The French Constitution established a semi-
presidential system of government, with two
competing readings.
•On one hand, the executive branch has both a
President of the Republic and a Prime Minister,
which is commonly seen in parliamentary systems
with a symbolic President and a Prime Minister
who directs the government.
POWERS AND FUNCTIONS OF THE PRESIDENT
• The president promulgates laws. The President may also refer the
law for review to the Constitutional Council prior to promulgation.
• The President has a very limited form of suspensive veto: when
presented with a law, he or she can request another reading of it by
Parliament, but only once per law.
• Article 12:The President may dissolve the French National Assembly.
• The President may refer treaties or certain types of laws to popular
referendum, within certain conditions, among them the agreement
of the Prime Minister or the parliament.
POWERS AND FUNCTIONS OF THE PRESIDENT
• The President is the Commander-in-Chief of the French Armed Forces.
• Article 8:The President names the Prime Minister, but he cannot dismiss him.
• He names and dismisses the other ministers, with the agreement of the Prime
Minister.
• The President names certain members of the Constitutional Council.
• The President may grant a pardon to convicted criminals; the President can
also lessen or suppress criminal sentences.
• Article 15: The president of the republic shall be commander-in-chief of the
armed forces. He shall preside over the higher national defence councils and
committees
• All decisions of the President must be countersigned by the Prime Minister,
except the dissolution of the French National Assembly
 Discretionary Powers
• First, the President can declare the dissolution of National Assembly.
• Article 11: The second discretionary power of the President relates to
submission of bills to a referendum.
• Third power of the President is related to emergency.
• Finally, the President must submit to the constitutional council organic laws
before their promulgation and regulation of parliamentary assemblies before
they came into application.
 FRENCH PRESIDENT AND THE AMERICAN
PRESIDENT
• The President of France is elected by direct suffrage.
• The US President formally elected by a electoral college, but
in actual practice his election also becomes direct.
• Both presidents have a fixed tenure. Both preside over the
council of minister's secretaries and issue orders.
• Both are commanders of the armed force of their country.
Both have right to return bill to parliament for
reconsideration.
• But the President of France has some special powers, which
US President does not possess.
 FRENCH PRESIDENT AND THE AMERICAN
PRESIDENT
• Such appointments are not subject to ratification by any of the chambers of
the legislature.
• The French President has the discretionary power to submit a bill to
referendum.
• In some respects, American President enjoys more power than his French
counterpart.
• In US, the cabinet is responsible only to the President.
• The American President is the sole executive authority.
• The French President does not enjoy that position. There is council of
ministers which determines and directs the policy of the nation.
LEGISLATURE
 French Parliament
• The subjects on which the Parliament can legislate have been enumerated in
Article-34 of the constitution
• Legislative Functions
• Power to Amend the Constitution
• Declaration of War and Ratification of Treaties
• Control over Executive
• Article-47 prescribes the procedure for enacting the financial bill
• The French upper house, the Senate, is principally a “chamber of reflection”
and a means of ensuring representation of the provinces.
• It has somewhat less legislative authority than the lower house and no direct
power to vote down governments.
 Justice system of France

• In France there are two types of jurisdictions: the

judiciary that judges trials between private persons
and punishes infringements of the penal law
• An administrative judicial system that is responsible
for settling lawsuits between public bodies, such as
the state, local bodies, and public establishments, as
well as private individuals.
 Justice system of France

• Codified law
• No elected judges
• Dual hierarchy
• Court of conflict
• Absence of judicial review
• The institution of parquet> same as the public
prosecutor
• Independence of judiciary
 Organization of judiciary in France

Administrative
Ordinary courts courts
Other institutions

1.Court of first 1.Supreme council of

instance 1.Regional judges
2.Court of appeal council 2.High court of
3.Court of assize 2.Council justice
4.Court of os states 3.Constitutional
accession council
 Local government system in France

The first is the supervision of elections, both presidential and

parliamentary, and ensuring the legitimacy of referendums
(Articles 58, 59 and 60).
The second area of Council power is the interpretation of the fundamental
meanings of the constitution, procedure, legislation, and treaties
 Local government system in France

Three tiers of local government

• The commune, department and region.
• These are both districts in which administrative decisions
made at national level are carried out and local authorities
with powers of their own.
• Legally speaking, a local authority is a public-law corporation
with its own name, territory, budget, employees, etc. and
has specific powers and a certain degree of autonomy vis-à-
vis central government.
 The communes
• Lowest tier– applied to all municipalities
• There are nearly 37,000 communes, many more than are found in the other countries of
the European Union. In Fra
• The term commune is applied to all municipalities whatever their size – 80 per cent of them
have fewer than 1,000 residents.
• This situation has led the government to encourage smaller communes to merge to form
urban communities
• Like the department and region, the commune has a deliberative or decision-making body
(the municipal council) and an executive (the Mayor), elected by the municipal council.
• The number of municipal councilors is proportional to the population.
• Elected for six years by direct universal suffrage
• Municipal councilors lay down guidelines for municipal policy, adopt the budget, manage
municipal assets, notably primary school buildings and equipment, and decide how the
municipal administration is to operate
 The communes
• Mayor has dual responsibilities: at local level and at state level
• So, the commune's own powers cover activities which affect its inhabitants' daily lives.
• Its economic and social brief, long limited to granting aid for job creation and helping needy
families, has been broadened to enable it to play an important role in combating
unemployment and social exclusion and engage actively in economic restructuring and
development of new activities.
The departments
• There are 100 departments in France, 96 in metropolitan France and four overseas (Martinique,
Guadeloupe, Réunion and French Guiana).
• Established in 1789, the department has developed from a partially decentralized local
authority to one with full powers of its own (since 1982).
• It has played a prominent role in the country's administrative and geographical organization.
• The department essentially has competence in health and social services, rural capital works,
departmental roads, and the capital expenditure and running costs of colleges.
 The Prefects
• Appointed by the government, the Prefect is still the sole person empowered to act on the state's behalf in
the department.
• Prefects represents the Prime Minister
• They ensures the administrative supervision of the department's local authorities.
• However, the law of 2 March 1982 conferred executive authority for the department on the chairman of the
general council.
• It is made up of general councilors elected for a six-year term in a two-ballot uninominal majority poll.
• Each department is divided into cantons (France has 3,500 cantons) which serve as the constituencies for the
election.
• Elected by the councilors for a six-year term, the chairman prepares the council's debates and implements its
decisions, including decisions on budgetary matters.
• He or she represents the department at the legal level, heads the department's staff and services and
• Finally, as the person in charge of running the department, exercises certain police powers in the areas of
conservation and departmental highways (without prejudice to the powers of the Mayors and Prefect in these
areas).
 The regions
• France has 26 regions, 22 in metropolitan France and four overseas.
• The latter have a special status, being at the same time departments and regions.
• Created in 1955 to provide a framework for regional town and country planning, the region became
a local authority in 1982.
• Its main spheres of competence are planning, regional town and country planning, economic
development, vocational training, and the building, equipment and running costs of schools
(lycées).
• The decision-making organ is the regional council whose members are elected for six years.
• They are assisted by an economic and social committee, which is a consultative assembly made up
of representatives of businesses, the professions, trade unions and other employees' organisations,
regional voluntary organisations, etc.
• This committee must be consulted on the preparation and implementation of national plans, the
establishment of the regional development plan and the major guidelines for the regional budget.
• The regional council chairmen, elected by the councillors, are the region's executive authority.
• Their responsibilities are identical to those of the general council chairman in the areas within the
region's sphere of competence.
 The regions
• So while basic principles and structures have not changed
and there is a clear distinction between the spheres of
competence of the different tiers, the decentralisation
legislation did bring in some innovations, especially
regarding supervision.
• Some degree of ex post facto monitoring of local
government action is necessary in order to reconcile the fact
that the authorities are self-governing with the need for
coordinated action within a unitary state and ensure that the
principle of equality of all citizens does not override the
general interests of the nation as a whole.