Law Exams Presidential & Parliamentary Form of Government

Parliamentary System

Presidential System

1.  Dual Executive

·       President is a titular executive (head of the state)

·       PM is a de-facto executive/real head (head of Government). PM along with the council of ministers, aid and advice the President to perform his roles. The advice is binding on the President.

2.  Election: Majority party rule

·      The political party obtaining the majority will form the Government, but if no political party is in the majority then a coalition Government is formed.

·      The Leader of this party is invited and appointed as PM by the President.

3.Responsibility

·       The PM, along with the council of his ministers, is collectively responsible to the Lower house and the Government.

·      The council of ministers along with the PM can be removed from office by a no-confidence in the Lok Sabha.

·      Secrecy

·       Oath of secrecy is taken before entering the office.

·       The oath is taken in front of the President.

·       The information regarding their policies, decision and processing are not to be disclosed in front of anyone.

4. Political Homogeneity

·       Ideally, the members of the council of ministers are part of the same party. Hence their political understanding or ideology is the same.

·      In the case of a coalition, the members are bind by a general concord.

5. Dual membership

·       A person should be a member of the parliament so that he/she can become a minister.

·      According to the constitution, he/she will have to get elected as a member of the parliament within six months after his/her appointment as a minister. In case the minister fails to do so, he/she will cease to be a minister.

6. Dissolution of Lower house

·      On the advice of the PM, the President can dissolve the Lok Sabha before its term. After the fresh dissolution elections can be conducted.

 7. Prime minister as a leader

·       He/she is head of the council of ministers and the party in power.

·       He/she is the leader of the parliament.

·       The PM plays a very crucial and important role in the working of the Government.

8. legislature, executive and judiciary are inter-dependent.

1. Single Executives

·      The President is the executive head of the Government and the state.

2. Election

·       The President is elected by the electors through Electoral College.

·       His/her term is four years.

·       Congress cannot remove him/her from the office. ( removal is possible only for an unconstitutional action, by impeachment process)

·       The legislature is elected separately.

3. Responsibility

·      The President and his secretaries are not responsible for Congress.

·      The President can issue executive orders, which are binding on the federal agencies according to law and do not require the approval of the US Congress. (Executive orders can undergo judicial review.)

·       He/she is not a member of the Congress, and he/she does not attend the sessions of Congress.

4. Political Homogeneity might not exist.

5. Single membership

·      President is not a member of the Congress.

·      With the help of a small advisory body known as “Kitchen cabinet.”

·      The members of this cabinet are not elected. They are chosen and elected by the President himself.

·      They are responsible to the President only.

·      They can be removed by the President at any time.

6. The lower house cannot be dissolved.

·      House of Representatives (lower house of the Congress) cannot be dissolved by the President.

7. President as a leader

·      The President can issue executive orders, which are binding on the federal agencies according to law and do not require the approval of the US Congress. (Executive orders can undergo judicial review)

·      Commander-in-chief of the armed forces

8. Separation of powers

·      The American presidential system works on this doctrine.

·      The legislature, executive and judiciary are independent organs.

Parliamentary

Presidential

Harmony between the legislature and executive

The conflict between the legislature and executive

Responsible Government

Non-responsible Government

Prevent despotism

May lead to autocracy

Wide representation

Narrow representation

Unstable Government

Stable Government

No continuity of policies

Definiteness of policies

Against Separation of powers

Separation of Power

Government-run by amateurs

Government-run by experts