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Form of Government
Form of Government
OR POLITICAL SYSTEM
1. Centralization of power
The centre is the reservoir of all powers in unitary system. There exist no
province or provincial governments in such a system and the central government
has the constitutional powers to legislate, execute and adjudicate with full might.
There is no other institution with this kind of state to share the powers of the
central government. Thus, it rules with no external pressure and runs the state
and administration free of any checks and balances. Their power is absolute.
What powers are to be centralized and decentralized are also decided by the
central government. Local governments exist but it is the centre which decides
what powers will be given to them. Even these are carried out with central
control or supervision.
4. No distribution of powers:
As stated, within a federation powers are distributed among the federal
and the state. In contrast, in the unitary system, no such distribution of powers is
made. All powers rest with the centre. One of the advantages of this lack of
distribution of power is that the government does not have to bother about
delegating powers and instead concentrate on more welfare issues and
development of the state and citizens.
5. Flexible constitutions:
Flexibility is what defines the constitutions of unitary states. It is within
federal systems that a rigid constitution is required so as to clearly define and
maintain the relationship between the centre and the state. One of the
advantages of a flexible constitution is that it can be altered as be the needs of the
state amid the continuously changing circumstances. As said, a constitution is a
document which is necessary to run a state according to the changing
orientations. A flexible constitution ensures that the desires and changing
demands of people are included in it accordingly and from time to time. It is
crucial to the idea of progressiveness. Thus, constitutions in unitary systems are
evolutionary and are strong to respond to contingency situations.
7. Responsibility:
In contrast to a federation, a unitary system is more responsible. Certain
defined institutions have fixed responsibility and this is a significant characteristic
of a unitary system. The central government is responsible for legislation,
executive for implementation and judiciary for adjudication. Thus, it is these
institutions that are responsible for their activities and therefore they try to
operate within the law of the land.
Federal Government:
A federal government is the national government of a federation. It is defined
by different structures of power; in a federal government, there may exist various
departments or levels of government which are delegated to them by its member
states. However, the structures of federal governments differ. Going by a broad
definition of basic federalism, it comprises at least two or more levels of government
within a given territory.
All of them govern through some common institutions and their powers often
overlap and are even shared between them. All this is defined in the constitution of
the said state. Therefore, simply put, a federal government is one wherein the powers
are delegated between the centre and many other local governments.
An authority which is superior to both the central and the state governments
can divide these powers on geographical basis, and it cannot be altered by either of
the government levels by themselves. Thus a federation, also called a federal state, is
characterized by self-governing states which are in turn united by a central
government. At the same time, both the tiers of government rule on the basis of
their own laws, officials and other such institutions. Within a federal state, the
federal departments can be the various government ministries and such agencies
where ministers of the government are assigned.
For instance, in the US, the national government has some powers which are
different from those of other 50 states which are part of the country. This division of
powers has been elaborated in the constitution of the US. Thus, a federal
government works at the level of a sovereign state. At this level, the government is
concerned with maintaining national security and exercising international
diplomacy, including the right to sign binding treaties. Therefore, as per the
guidelines of the constitution, the federal government has the power to make laws
for the entire country and not the state governments.
For instance, the US Constitution initially was did not empower the federal
government to exercise undue powers over the states but with time, certain
amendments were introduced to give it some substantial authority over states. The
states that are part of a federation have, in some sense, sovereignty because
certain powers are reserved for them that cannot be exercised by the central
government. But this does not mean that a federation is a loose alliance of
independent states. Most likely, the states that are part of a federation have no
powers to make, for instance, foreign policy; thus, under international law they
have no independent status.
While this is not the case with all federations, such a system is usually multi-
cultural and multi-ethnic and covers a large area of territory. An example is India.
Due to large geographical differences, agreements are drawn initially when a
federation is being made. This reduces the chances of conflict, differences between
the disparate territories, and gives a common binding to all. The Forum of
Federations is an international council for federal countries which is based in Ottawa,
Ontario. This council brings together different federal countries and gives them a
platform to share their practices. At present, it includes nine countries as partner
governments.
Where states have more autonomy than others, such federations are called a
symmetric. Malaysia is an example of one such federation wherein states of
Sarawak and Sabah joined the federation on their own terms and conditions. Thus,
a federation often appears after states reach an agreement about it. There can be
many factors that could bring in states together.
For instance, they might want to solve mutual problems, provide for mutual
defence or to create a nation state for an ethnicity spread over several states. The
former happened in the case of the United States and Switzerland and the latter
with Germany.
Just like the fact that the history of different countries may vary, similarly their
federal system can also differ on several counts. One unique system is that of
Australia’s where it came into being after citizens of different states voted in the
affirmative to a referendum to adopt the Australian Constitution. Brazil has
experienced with both federal and unitary system in the past. Till date, some of the
states in Brazil maintain the borders they had during Portuguese colonization. Its
newest state, Tocantins, was created mainly for administrative reasons in the 1988
Constitution.
2. Written Constitution:
A federation must have a written constitution. A federation is a political
partnership of various states and consequently, there must be a written
constitution.
3. Rigid Constitution:
The constitution of a federation should be rigid so that it could be regarded
as a sacred agreement, the spirit of which should not be easily violated. A flexible
constitution allows the scope of the central government to curtail the autonomy of
the federating states.
4. Special Judiciary:
In a federation, there are possibilities of constitutional disputes arising
between the federal center and the units or between one unit and another or
between the citizens and the government. All these disputes are to be
adjudicated in the light of the constitution. For this purpose, a special judiciary
with wide powers must be established. It should act as the custodian and
guardian of the constitution. It should be vested with powers of declaring any
law, national or local, ultra vires if it is at variance with the articles of the
constitution.
6. Double Citizenship:
Citizens in a federal state have dual interests and they should be given
rights of double citizenship of the state wherein they are domiciled and citizenship
of federal state as a whole. However, in India, we have a single citizenship.
7. Bill of Rights:
Citizens in a federation enjoy certain rights given to them by the
Constitution. The constitution of India, Russia, and the U.S.A. have given
fundamental rights to the citizens. It is a well-established custom now.
System of Government
Every country in the world has its own constitution, according to which policies
are framed, government bodies and institutions function and decisions are made. In
finer terms, it is the constitution, that covers all the aspects of the political system
adopted by the country. There are two forms of government, Parliamentary and
Presidential.
In Parliamentary System, the political party winning the majority seats in the
parliament makes the government and elects a person from among themselves as
the Prime Minister who is the head of the Government. The members of the cabinet
possess double membership, i.e. of legislative and executive organ of government.
Contrary to this, in the presidential form of government, the members of the cabinet
possesses the membership of executive organ only.
The President elects some ministers as the Secretary and forms a small
Cabinet, who assist in governing the country. Neither the President nor the
Secretaries are accountable to the Congress (Parliament) for their acts. Indeed, they
do not attend the sessions as well. This form of government can be found in the
countries like United States of America, Russia, Brazil and Srilanka.
In this post, we shall look at what the advantages and disadvantages of the
Presidential System of Government really are. In our previous post, we underlined
that the President holds both executive and ceremonial powers. He is important in
the Presidential System. The President is both head of state and head of
government. Having said all that, we will let you know the merits and demerits of the
Presidential System of government.
1. The President's fixed term of office enables him to give his full time to the pursuit
of state duties during his tenure, rather than dividing his time between State
duties and politics.
2. The clear separation of powers among the three organs of government helps to
prevent the misuse of state power.
3. Although there are majority and minority parties in the legislature, the absence of
an official opposition party makes everyone work together for greater
development.
4. The President's power to discipline any erring member of his government,
especially the ministers, makes for an effective running of the executive arm of
government.
5. The President's power to discipline any erring member of his government,
especially the ministers, makes for an effective running of the executive arm of
government.
6. The conflicts and tensions between the head of state and head of government in
the cabinet system are non-existent in the Presidential System of government.
7. The President is the effective symbol of the nation and may not bend to the
dictates of his party members. This helps to guarantee the smooth running of
government.
As per this system, the political party getting the maximum number of seats
during federal elections, in the Parliament, forms the government. The party elects
a member, as a leader, who is appointed as the Prime Minister by the President.
After the appointment of the Prime Minister, the Cabinet is formed by him, whose
members should be out of the Parliament. The executive body, i.e. the Cabinet is
accountable to the legislative body, i.e. Parliament. This system is prevalent in the
countries like India, Japan and Canada.
Executive powers are vested in the cabinet, headed by the prime minister,
and the legislature which is the source of authority for the executive.
In parliamentary system all ministers work with a team spirit. They must
agree on an issue in a cabinet meeting and because of different opinions, the
minister concerned must resign or he is expelled from the cabinet. All differences
must be kept secret. The cabinet members are in the same boat and they either
swim together or sink together.
c. Supremacy of Premier
d. Coordination of Powers
It is the basic principle of this system that two organs, legislature and
executive share their powers. In this system, both the organs (legislature and
executive) are dependent upon each other. In different constitutional ways, they
interfere with each other affairs. For example, bills are presented in the
legislature by the ministers. They can take part in legislation, address legislature,
call meetings and even to dissolve the lower house etc. On the other hand,
parliament can question the activities of the cabinet members, present various
motions and to remove cabinet through no confidence. Both government organs
have strong checks upon each other.
f. Term
The term of the cabinet is fixed by the constitution but not in a rigid sense.
A minister may be removed or changed any time. Parliament can be dissolved
during national emergencies. If the parliament is dissolved, the government no
longer remains in office. The parliament, through no-confidence movement
against any particular minister, the prime minister or against the whole cabinet,
can remove government. Therefore, the term of a parliamentary government is
uncertain.
g. Two Executives
Another characteristic of parliamentary system is, that there are two type
of executives i.e. titular executive and real executive. Titular executive is head of
the state, for example, the President of Pakistan. This type of executive is merely
a symbolic or constitutional head of state. The second is the real executive who
can exercise real powers of the state and is head of government, for example,
the Prime Minister of Pakistan.
B. President-parliamentary system:
In this form of Semi-Presidentialism, the Prime Minister and the cabinet are
responsible and answerable to both the President and the legislature. Although
the President selects the Prime minister and the cabinet, his decisions must have
support from the majority of the legislature. In this system, the Prime minister and
the cabinet ministers can be dismissed from the office, both by the president and
by the motion of no confidence in the legislature. This form of semi-
presidentialism is much related to pure Presidentialism. Some examples of
countries that follow this system are Russia, Senegal, Taiwan, Mozambique,
Namibia etc.
C. Division of power:
When the President and the Prime Minister are from the same Political
party in a Semi-presidential Government, then there is not much division of power
as the president grants as much executive authority he wants the Prime Minister
to have. However, when the President and the Prime Minister are from different
political Parties then often there is a strict division of powers between the two. he
division often differs from state to state and depends upon the state’s policy and
tradition. For instance, in France, whenever there is this type of government, by
tradition the President is responsible for the foreign and defence policy whereas
the Prime Minister is responsible for the domestic and economic policy.
D. Cohabitation:
Cohabitation is the period in a Semi-Presidential government when the
President and the Prime Minister come from a different political party. As
mentioned earlier, as the President of a Semi-presidential government holds a
significant executive authority over the state just like the Premier or simply the
Prime Minister, there is a strict division of power in these states between the dual
executive during the period of cohabitation. This period of two opposing political
parties in power can produce either an effective checks and balances system or a
tumultuous political period resulting from the different ideologies of the two
executive authorities.
E. Subtypes:
As discussed earlier, Semi-Presidential government can be of two types-
Premiere-Presidential system and President-Presidential system. In the former
system, the President does not have the power to dismiss the Prime Minister and
the cabinet but the legislature with the motion of no confidence does. This form of
government is much related to the pure Parliamentary government. On the other
hand, the latter provides the President with the power to dismiss the Prime
Minister and the cabinet without the approval of the legislature; however, the
parliament also has the power to remove the cabinet by the motion of no
confidence. This system is much related to the pure Presidential government.
Federalism in Nepal
The Constitution of Nepal, promulgated through historical Constitution
Assembly in 20 September 2015, declared Nepal as a 'federal democratic republic'
state with three levels of governments having 761 federal units including one federal
union, seven provinces and 753 local units.
Nepal witnessed a historical transformation in polity from constitutional
monarchical system of governance to republicanism and from a unitary form of state
structure to federal form of governance. The division of state-powers among federal,
provincial local level provides the bases for exercising federal system of governance in
Nepal. Following the constitutional spirit, elections for three levels of governments
have been conducted in 2017 that brought a safe landing of political transition. With
this, the elected governments are functional to deliver 'perpetual peace, good
governance, development and prosperity' and safeguard citizen's entitlements.