Parliamentary Form of Government in the Indian Constitution
Parliamentary Form of Government in the Indian Constitution
1. Introduction
India adopts the Parliamentary System of Government at the Union and State levels.
This system is characterized by a fusion of powers between the executive and the legislature, unlike the presidential system where powers are separated.
It is based on the British model of democracy, adapted to India’s context.
The Parliamentary form is rooted in the principles of responsible government and collective responsibility.
2. Features of Parliamentary System in India
A. Dual Executive
President (Union) and Governor (States) as the constitutional heads.
Real executive power lies with the Council of Ministers headed by the Prime Minister (Union) or Chief Minister (States).
President/Governor acts on the advice of the Council of Ministers.
B. Collective Responsibility
The Council of Ministers is collectively responsible to the Lok Sabha (House of the People) or the State Legislative Assembly.
If the Lok Sabha passes a vote of no confidence, the entire Council of Ministers must resign.
C. Prime Minister as Leader
The Prime Minister is the real head of the government, chosen from the majority party in the Lok Sabha.
PM selects the Council of Ministers and coordinates government policy.
D. Fusion of Powers
The executive is drawn from the legislature.
Ministers are members of Parliament and accountable to it.
This ensures integration and cooperation between branches of government.
E. Bicameral Legislature
At the Union level, Parliament consists of two Houses: Lok Sabha (elected) and Rajya Sabha (indirectly elected).
State legislatures may be unicameral or bicameral.
3. Constitutional Provisions Supporting Parliamentary System
Article 74: Council of Ministers advises the President; President acts according to this advice.
Article 75(3): Council of Ministers responsible to Lok Sabha.
Article 163 & 164: Similar provisions for States; Governor acts on Council of Ministers' advice.
Article 75(1): Prime Minister appointed by President.
Article 164(1): Chief Minister appointed by Governor.
Article 85 and 174: Summoning and proroguing Parliament by President on Ministers’ advice.
4. Difference from Presidential System
| Parliamentary System | Presidential System |
|---|---|
| Executive drawn from legislature | Executive separate from legislature |
| Executive responsible to legislature | Executive independent of legislature |
| Prime Minister is real head | President is both head of state and govt. |
| Collective responsibility of ministers | No collective responsibility |
| Government can be removed by legislature | Fixed term of executive |
5. Important Case Laws
A. S.R. Bommai v. Union of India (1994)
One of the most significant cases regarding the parliamentary system and federalism.
Issue: Use of Article 356 (President’s Rule) to dismiss state governments.
Held:
Parliamentary democracy is part of the basic structure of the Constitution.
The Council of Ministers is responsible to the legislature and must enjoy its confidence.
Courts can review the validity of dismissal of elected governments under Article 356.
Ensured the protection of the parliamentary form against arbitrary dismissal.
Significance: Reinforced democratic accountability and federal structure.
B. Keshavananda Bharati v. State of Kerala (1973)
While primarily about constitutional amendments, the case confirmed the basic structure doctrine which includes the parliamentary democracy as part of the basic structure.
Parliament cannot amend the Constitution to destroy or damage the parliamentary form of government.
C. SR Chaudhuri v. State of Punjab (1976)
Affirmed the role of Governor as constitutional head, acting on advice of Council of Ministers.
Emphasized the Governor’s duty to maintain parliamentary democracy in the state.
6. Working of Parliamentary System in India
The system encourages collective responsibility, accountability, and political stability.
The Prime Minister leads the government, and policies are debated in Parliament.
Opposition parties play a crucial role in holding the government accountable.
The President/Governor acts as a ceremonial head but with discretionary powers in exceptional cases (e.g., hung assemblies).
7. Challenges in Indian Parliamentary Democracy
Frequent use/misuse of Article 356 (President’s Rule).
Political instability in coalition governments.
Role of Governor sometimes questioned for alleged partisan actions.
Centralization of power in the Prime Minister’s Office.
8. Summary Table
| Feature | Details |
|---|---|
| System | Parliamentary democracy |
| Executive | President/Governor (formal), Council of Ministers (real) |
| Leader | Prime Minister/Chief Minister |
| Responsibility | Collective responsibility to Lok Sabha/Legislative Assembly |
| Constitutional Basis | Articles 74, 75, 163, 164, 85, 174 |
| Key Case | S.R. Bommai v. Union of India (1994) |
| Basic Structure | Parliamentary democracy included |
9. Conclusion
India’s Parliamentary Form of Government ensures a government that is responsible and accountable to the elected representatives of the people. It balances power between the executive and legislature, fostering democratic governance. The judiciary safeguards this system through the basic structure doctrine and judicial review, protecting parliamentary democracy from arbitrary actions.
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