Presidential and Parliamentary Form of Government: President
Presidential and Parliamentary Form of Government: President
government leads an executive branch that is separate from the legislative branch. This head of
government is in most cases also the head of state, which is called president.
In presidential countries, the executive is elected and is not responsible to the legislature, which
cannot in normal circumstances dismiss it. Such dismissal is possible, however, in uncommon
cases, often through impeachment.
The title "president" has persisted from a time when such person personally presided over the
governing body, as with the President of the Continental Congress in the early United States, prior to
the executive function being split into a separate branch of government stereotypical
1. The President is the head of the State and also the head of the Government. He is not only the
head of the political system but also of the national life. He is the real executive and not merely
notional executive. The powers vested in him are in practice actually exercised by him.
2. All executive powers are vested in the President. The cabinet appointed by President is merely
to advise him. He is not bound by their advice. He may obtain their advice and yet may choose to
act on his own judgement.
3. The President is elected directly by the people who constitute the electorate. The term of the
office of the President is not dependent on the will of the legislature. The legislature does not
elect the President and the legislature cannot seek to oust him from office.
4. The President and the members of the cabinet are not members of legislature. The President
has no power to dissolve the legislature before the expiry of its term. The legislature cannot
terminate the term of the President except by way of impeachment. In this way the President and
the legislature are elected for fixed terms and are independent of each other.
Advantages of Presidential Form The advantage of Presidential systems are—
a. Because the President remains in office for a fixed term and is not dependent on the legislature
for continuing in office.
b. All executive powers are vested in tone individual who is the President. In times of war or
emergency or any other national crisis he can arrive at a decision quickly. He does not have to
apply his energy in obtaining consent of his cabinet.
c. The President is free to select such persons as he may deem proper to his advisors. He may
select experts to head several departments. These heads would constitute his cabinet.
d. . After assuming office the President is accepted as a leader of the nation and not merely of a
party. He views each problem as national problem and not from a party angle. This provides
greater unity and cohesion to the nation.
e. Presidential form of Government is based on the doctrine of separation of powers and provides
for checks and balances to keep the different organs within their allotted areas. This provides
better protection to liberty.
Features of Parliamentary System
Following are the features and characteristics of parliamentary system
Formation of Cabinet
When general election is over and prime minister is elected, then prime minister nominates his council of
ministers or cabinet. This responsibility of the prime minister is of prime significance. The list of ministers
is presented before head of state for his approval. They are commonly taken from the party's ring
leadership. Well-experienced, alert and learned members are given preference because of the sensitive
nature of parliamentary System.
Supremacy of Premier
In Ministerial or parliamentary system, Prime Minister is very important and has too many powers. in
legislature, he is leader of the house while in executive he is leader of the council of ministers. Prime
Minister is to appoint, remove, allot portfolios and supervises the activities of his ministers. He acts as a
bridge between cabinet and president. On his resignation, the council of ministers must resign. Prime
Minister is like a shining moon in the galaxy of stars.
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 in each other affairs. For example, Maximum bills are presented in the
legislature by the ministers, they can take part in legislation, address legislature, to call its meetings and
even to dissolve the lower house etc. On contrary, parliament can question the activities of the cabinet
members, present various motions and to remove cabinet through no confidence. Both government
organs have strong check upon each other.
Term
Term of cabinet is fixed by the constitution but not in rigid sense. A minister may be removed or changed
any time. Parliament can be dissolved during the national emergencies. If parliament is dissolved,
government no longer remains in office. Parliament,
through no-confidence movement against any particular minister, Prime Minister or against the whole
cabinet, can remove government. Therefore life of parliamentary government is uncertain.
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 executive is mere a symbolic or constitutional head of state. Second is real executive who is to
exercise real powers of the state and is head of government for example, the Prime Minister of Pakistan.
Election in India is the largest exercise of its kind in the democratic world. In the election process,
the filing of nomination papers by candidates is a very important task. Under Section 14/15 of the
Representation of the People Act, 1951, the filing of nomination starts on the date of notification by
the President/Governor. The Returning Officer (RO) issues public notice of election (under Section
31) in Form -1 (appended to CE Rules, 61). The public notice has to be under the signature of the
RO only as no other authority can issue this public notice.
Who can file the nomination?
As per the Constitution and R.P. Act, 1951, any individual can contest from any constituency, as
long as he/she possesses qualifications for contesting from that constituency and has not been
disqualified under the Constitution or alternative laws for contesting the elections.
Under Section-30-A of the R.P. Act, 1951, the candidate is required to deliver the nomination paper
to the RO or to the Assistant Returning Officer (ARO), as laid out in public notice of election. The
candidate is needed to deliver the nomination paper on or before last date for filing of nomination
fixed by the Election Commission.
It is processed that if the last date for filing nomination is the seventh day or a public holiday, then
the nomination paper is needed to be submitted on the immediate next day. Nomination paper
cannot be filed on a public holiday. One cannot file the nomination paper before any person other
than the RO or the ARO. The nomination paper is to be presented either by the candidate or by only
one person who has proposed the name of the candidate.
Proposer
Only the person, who is the elector within the constituencies in which the candidate contests the
election, will propose the name of the candidate and may sign the nomination paper. So, an elector,
who has been enrolled within the electoral roll for the constituency other than the constituency from
which the candidate contests the election, cannot propose the name of the candidate.
One proposer is enough for candidates of a recognised national or state party. However, if the
candidate belongs to a registered unrecognised organisation or is an independent candidate, ten
proposers or electors of the constituency are needed to sign the nomination paper.
Nomination papers are filed between 11 o’clock (morning) and three o’clock (afternoon) of a working
day.
According to the Section 31, the nomination paper can be presented at the place fixed by the RO for
filing nomination paper. If the nomination paper is presented at the place other than the place fixed
for presenting nomination paper, then it is considered that the nomination paper is not presented in
proper manner.
Here it’s clarified that if within the notice it’s mentioned that nomination paper can be presented at
the workplace of Collector, it’s not necessary that nomination paper is needed to be delivered in the
chamber of RO. The nomination paper are often delivered anywhere within the office of Collector.
Nomination paper should be in prescribed from. The form of nomination paper is prescribed under
Rule-4 of the conduct of election Rules. Consequently Form 2A is prescribed as nomination paper
for Lok Sabha election and Form 2B is prescribed as nomination paper for Vidhan Sabha election.
If the candidate or his proposers are not able to sign, under Rule 2(2) of the conduct of election
rules, 1961, thumb impression or the other mark as directed by RO or ARO, are required to be
placed.
For the constituency reserved for scheduled caste (SC) or scheduled tribe (ST), the candidate is
needed to make a declaration with the nomination paper that he or she belongs to the SC or ST.
If a person, dismissed from an office under the Government of India or under the Government of
any state, wants to contest election, he is required to produce along with his nomination paper, the
certificate issued by the Election Commission as per Section 9(2) of the R.P. Act, 1951.
Such certificate is issued by the Election Commission to decide whether the person is dismissed for
corruption or for disloyalty to the state. It should be issued under the signature of the Secretary,
Election Commission of India with authorised stamp and as per Rule-6 of conduct of Election Rules:
1961. It is required in the case of a person in whose case five years of dismissal are not completed.
The certificate issued by the Election Commission is considered to be final and it cannot be
challenged in the court of law.
Submission of Affidavit
A candidate is required to produce an affidavit along with his nomination paper in Form-26 (as
revised w.e.f. 01-08-2012) that he/she has not been convicted for any offence. This affidavit is sworn
before notary public/oath commissioner or magistrate of the first class. If not filed with nomination,
the affidavit can be filed till 3 PM on the last date of filing nomination. As per Section-34 of R.P. Act,
1951, a candidate is required to make security deposit prescribed by law. At present, the sum
required to be deposited by a candidate for contesting Lok Sabha election is Rs. 25,000. For
contesting a Vidhan Sabha election, the sum required to be deposited is Rs 10,000. But for the
candidate belonging to schedule castes and schedule tribes, the sum required to be deposited is half
of the sum deposited by general category candidate.
The Indian general election of 2014 were held to constitute the 16th Lok Sabha in India. Voting
took place in all 543 parliamentary constituencies of India to elect members of parliament in the Lok
Sabha. The result of this election was declared on 16 May. The 15th Lok Sabha completed its
constitutional mandate on 31 May 2014.[1] Since the last general election in 2009, the 2011 Indian
anti-corruption movement by Anna Hazare, and other similar moves by Baba Ramdev, have
gathered momentum and political interest.[2] Issues such as Inflation, price rise and corruption were
some of the chief issues.
Social media[edit]
There has been much commentary about the large role that social media is expected to play in this
general election.[3][4][5] The expenditure on social media by political parties has been estimated to be
around Rs. 5 billion.[6] In view of this, the Election Commission announced that they would be
keeping tabs on the expenditure on social media by political parties and candidates.[7][8] A Christian
group launched a non-partisan popular website called Let's Pray for India where people can adopt a
constituency that they will pray for during the election.[9][10]
Manifestos[edit]
Indian National Congress released its manifesto on 29 March 2014. Rights to health, homestead and
anti-corruption Bill are the main promises made in its manifesto.[11] Bharatiya Janata Party released
its manifesto on 7 April, promising good governance, improving economy and infrastructure, ending
policy paralysis and curbing corruption.[12] The BJP was unusually late in releasing their manifesto,
doing so on the first day of polling. The 'unprecedented' delay was criticised for depriving the people
of Assam and Tripura, who voted in the first phase, an opportunity to know the contents of the
manifesto before voting.[13]
he President of India is elected for a five-year term by an electoral college of India consisting of
members of federal legislature and state legislatures (i.e. all the elected member of parliament
and all elected members of all legislative assemblies of the country).
The House of the People (Lok Sabha) represents citizens of India (as envisaged by the Constitution
of India, currently the members of Lok Sabha are 545, out of which 543 are elected for five-year term
and two members represent the Anglo-Indian community). The 543 members are elected under
the plurality ('first past the post') electoral system.[8] The Council of States (Rajya Sabha) has 250
members, 238 members elected for a six-year term, with one-third retiring every two years. The
members are indirectly elected, this being achieved by the votes of legislators in the state and union
(federal) territories. The elected members are chosen under the system of proportional
representation by means of the single transferable vote. The twelve nominated members are usually
an eclectic mix of eminent artists (including actors), scientists, jurists, sportspersons, businessmen
and journalists and common people.[3]
Lok Sabha is composed of representatives of the people chosen by direct election on the basis of
the adult suffrage. The maximum strength of the House envisaged by the Constitution is 552, which
is made up by election of up to 530 members to represent the States, up to 20 members to
represent the Union Territories and not more than two members of the Anglo-Indian Community to
be nominated by the President, if, in his/ her opinion, that community is not adequately represented
in the lower house i.e. Lok Sabha. In 1952 Lok Sabha Elections there were 1874 candidates, which
rose to 13952 candidates in 1996. However, in 2009 Lok Sabha Elections only 8070 candidates
contested.[9] Historical share of seats and votes of major political parties are ranked by the number of
seats won.[10]
Emergency powers
Indian President wields huge powers during emergency situations. He can proclaim both
external and internal emergencies. Indian President can declare emergency in a state,
dissolve state legislature and dismiss the state council of ministers. During financial
emergency, he has the power to reduce the salaries of all the government officials including
that of the Supreme Court and High Court judges. He has a formidable list of executive,
financial and legislative powers which he can exercise on the advice of the cabinet during
emergency
Veto power
Indian President has comparatively lesser veto power than the President of US. The
President of US can veto a bill passed by the Congress. He needs to sign the bill if it is once
again passed by two-thirds majority of both the houses.
The Indian President on the other hand can send the bill for reconsideration only once. If
the bill is passed again even by a simple majority in the Parliament he is obliged to sign the
bill.
Comparison Between the Powers of the Presidens of USA , India and UAE
Powers Of the President Of USA
His powers are :
The President is at the head of the Union Executive.Examples of Responsibilities:
- Appointing someone to serve as head of the Central Intelligence Agency (CIA)
- Holding a Cabinet meeting to discuss government business
-Reading reports about problems of the Federal Bureau of Investigation (FBI)
The president is in charge of the U.S. armed forces: the Army, Navy, Air Force, and Marines. The
president decides where troops shall be stationed, where ships shall be sent, and how weapons shall be
used. All military generals and admirals take their orders from the President.
Only Congress has the actual power to make laws, but the Constitution gives the president power to
influence Congress in its lawmaking. Presidents may urge Congress to pass new laws or veto bills that
they do not favor.
The president is concerned with such things as unemployment, high prices, taxes, business profits, and the
general prosperity of the country. The president does not control the economy, but is expected to help it
run smoothly.
As the head of the executive branch of the federal government, the President is responsible for ensuring
that all the nation’s laws are “faithfully executed.” Per the Constitution, the president also can choose to
pardon felons, or even to preemptively pardon people who have not been convicted of any crime.
How the President is elected in India
The President of is elected by the members of an electoral college consisting of the elected members of
both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the
Union Territories of Delhi and Pondicherry.
Powers of the Indian President
Executive powers
The President has a right to be informed of all of the nation's affairs, enjoys powers to appoint and
remove high Constitutional authorities, including the prime minister and the council of ministers.