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Tag: Indian Constitution

  • National Emergency (Part-2)

    In this article, we will discuss National Emergency (Part-2). So, let’s get started.

    Parliamentary Approval and Duration

    The proclamation of Emergency must be  approved by both the Houses of Parliyament within one month from the date of its issue. Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act. of 1978. However, if the proclamatinon of emergency is 1ssued at a time when the Lok Sabha has bcen dissolved or the dissolution of the Lok Sabha takes place during the period of one month without approving
    the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
    If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months. This provision for periodical parliamentary approval was also added by the 44th Amendment Act of 1978. Before that, the emergency, once approved
    by the Parliament, could remain in operation as long as the Executive (cabinet) desired. However, if the dissolution of the Lok Sabha takes place during the period of six months without approving the further continuance of Emergency, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the mean-time approved its continuation.

    Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is, (a) a majority of the total membership of that house, and (b) a majority of not less than two-thirds of the members of that house present and voting. This special majority provision was introduced by the 44th Amendment Act of 1978. Previously. such resolution could be passed by a simple majority of the Parliament.

  • National Emergency (Part-1)

    In this article, we will discuss National Emergency (Part-1). So, let’s get started.

    National Emergency

    Grounds of Declaration
    Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
    The President can also issue different proclamations on grounds of war, external aggression, armed rebellion, or imminent danger thereof, whether or not there is a proclamation already issued by him and such proclamation is in operation. This provision was added by the 38th Amendment Act of 1975. When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as “Internal Emergency’. A proclamation of national emergenoy may be applicable to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specifoed part of India.
    Originally, the Constitution mentioned ‘internal disturbance’ as the third ground for the proclamation of a National Emergency, but the expression was too vague and had a wider connotation. Hence, the 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’. Thus, it is no longer possible to declare a National Emergency on the ground of ‘internal disturbance’ as was done in 1975 by the Congress government headed by Indira Gandhi. The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister. In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting
    her cabinet. The cabinet was informed of the proclamation after it was made, as a fait accompli. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.
    The 38th Amendment Act off 1975 made the declaration of a National Emergency immune from the judicial review. But, this provision was subsequently deleted by the 44th Amendment Act of 1978. Further, in the Minerva Mills case, (1980), the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.

  • Emergency Provisions (India)

    In this article, we will discuss Emergency Provisions (India). So, let’s get started.

    Emergency Provisions

    The Emergency provisions are contained in Part XVIll of the Constitution, from Articles 352 to 360. These provisions enable the Central government to meet any abnormal situation etfectively. The rationality behind the incorporation of these provisions in the Constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system, and the Constitution. During an Emergency, the Central government becomes all powerful and the states go into the total control of the Centre. It converts the federal structure into a unitary one without a formal amendment of the Constitution. This kind of transformation of the political system from federal during normal times to unitary during Emergency is a unique feature of the Indian Constitution. In this context, Dr. BR Ambedkar observed in the Constituent Assembly that’: ‘All federal systems including American are placed in a tight mould of federalism. No matter what the circumstances, it cannot change its form and shape It can never be unitary. On the other hand, the Constitution of India can be both unitary as well as federal according to the requirements of time and circumstances. In normal times, it is framed to work as a federal system. But in times of Emergency, it is so designed as to make it work as though it was a unitary system. The Constitution stipulates three types of emergencies:

    An emergency due to war, external aggression or armed rebellion (Article 352). This is popularly known as ‘National Emergency’. However, the  Constitution employs the expression proclamation of emergency’ to denote an emergency of this type.

    An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly known as ‘President’s Rule’. It is also known by two other names-‘State Emergency’ or constitutional Emergency’. However, the Constitution does not use the word emergency’ for this situation.

    Financial Emergency due to a threat to the financial stability or credit of India (Article 360).

  • Amendment of Indian Constitution (Part-3)

    In this article, we will discuss Amendment of Indian Constitution (Part-3). So, let’s get started.

    Criticism of the Amendment Procedure

    • Critics have criticised the amendment procedure of the Constitution on the following grounds:
    • There is no provision for a special body like Constitutional Convention (as in USA) or Constitutional Assembly for amending the Constitution. The constituent power is vested in the Parliament and only in few cases, in the state legislatures.
    • The power to initiate an amendment to the Constitution lies with the Parliament. Hence, unlike in USA, the state legislatures cannot initiate any bill or proposal for amending the Constitution except in one case, that is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states. Here also, the Parliament can either approve or disapprove such a resolution or may not take any action on it.
    • Major part of the Constitution can be amended by the Parliament alone either by a special majority or by a simple majority. Only in few cases, the consent of the state legislatures is required and that too, only half of them, while in USA, it is three-fourths of the states.
    • The Constitution does not prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them. Also, it is silent on the issue whether thestates can withdraw their approval after according the same.
    • There is no provision for holding a joint sitting of both the Houses of Parliament if there is a deadlock over the passage of a constitutional amendment bill. On the other hand, a provision for a joint sitting is made in the case of an ordinary bill.
    • The process of amendment is similar to that of a legislative process. Except for the special majority, the constitutional amendment bills are to be passed by the Parliament in the same way as ordinary bills.
    • The provisions relating to the amendment procedure are too sketchy. Hence, they leave a wide scope for taking the matters to the judiciary.
    • Despite these defects, it cannot be denied that the process has proved to be simple and easy and has succeeded in meeting the changed needs and conditions. The procedure is not so flexible as to allow the ruling parties to change it according to their whims. Nor is it so rigid as to be incapable of adopting itself to the changing needs. It, as rightly said by K.C. Wheare, ‘strikes a good balance between flexibility and rigidity”. In this context, Pandit Jawaharlal Nehru said in the Constituent Assembly, ‘While we want this Constitution to be as solid and permanent as we can make it, there is no permanence in a Constitution. There should be a certain flexibility. If you make any Constitution rigid and permanent, you stop the nation’s growth, the growth of a living, vital, organic people.
    • Similarly, Dr. B.R. Ambedkar observed in the Constituent Assembly that, ‘The Assembly has not only refrained from putting a seal of finality and infallibility upon this Constitution by denying the people the right to amend the Constitutiobn as in Canada or by making the amendmentof the Constitution subject to the fulfilment of extraordinary terms and conditions as in America or Australia, but has provided for a facile procedure for amending the Constitution’.
    • K.C. Wheare has admired the variety of amendment procedures contained in the Constitution of India. He said, ‘this variety in the amending process is wise but rarely found; According to Granville Austin, ‘the amending process has proved itself one of the most ably conceived aspects of the Constitttion. Although it appears complicated, it is merely diverse.

  • Amendment of Indian Constitution (Part-2)

    In this article, we will discuss Amendment of Indian Constitution (Part-2). So, let’s get started.

    Types of Amendments

    Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority. But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368.
    Therefore, the Constitution can be amended in three ways:
    (a) Amendment by simple majority of the Parliament,
    (b) Amendment by special majority of the Parliament, and
    (c) Amendment by special majority of the Parliament and the ratification of half of the state legislatures.

    By Simple Majority of Parliament

    A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:

    Admission or establishment of new states.
    Formation of new states and alteration of areas, boundaries or names of existing states.
    Abolition or creation of legislative councils in states.
    Second Schedule-emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc
    Quorum in Parliament.
    Salaries and allowances of the members of Parliament
    Rules of procedure in Parliament.
    Privileges of the Parliament, its members and its committees.
    Use of English language in Parliament.
    Number of puisne judges in the Supreme Court.
    Conferment of more jurisdiction on the Supreme Court
    Use of official language.
    Citizenship-acquisition and termination
    Elections to Parliament and state legislatures
    Delimitation of constituencies.
    Union territories.
    Fifth Schedule-administration of scheduled areas and scheduled tribes.
    Sixth Schedule-administration of tribal areas.

    By Special Majority of Parliament

    The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting.  The expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees.
    ‘Strictly speaking, the special majority is required only for voting at the third reading stage of the bill but by way of abundant caution the requirement for special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill.
    The provisions which can be amended by this way includes: (i) Fundamental Rights ; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories.

    By Special Majority of Parliament and Consent of States

    Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.

    The following provisions can be amended in this way:

    Election of the President and its manner.
    Extent of the executive power of the Union and the states.
    Supreme Court and high courts.
    Distribution of legislative powers between the Union and the states.
    Goods and Services Tax Council.
    Any of the lists in the Seventh Schedule.
    Representation of states in Parliament.
    Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

  • Amendment of Indian Constitution (Part-1)

    In this article, we will discuss Amendment of Indian Constitution (Part-1). So, let’s get started.

    Amendment of Indian Constitution

    Like any other written Constitution, the Constitution of India also provides for its amendment in order to adjust itself to the changing conditions and needs. However, the procedure laid down for its amendment is neither as easy as in Britain nor as difficult as in USA. In other words, the Indian Constitution is neither flexible nor rigid but a synthesis of both.
    Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled
    by the Supreme Court in the Kesavananda Bharati case’ (1973).

    Procedure for Amendment
    The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:

    An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.

    The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.

    The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two thirds of the members of the House present and voting.

    Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.

    If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting,

    After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.

    The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.

    After the president’s assent, the bill becomes an Act  ( i.e, a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.

  • Preamble of Indian Constitution (Part-2)

    In this article, we will discuss Preamble of Indian Constitution (Part-2). So, let’s get started.

    Key Words in the Preamble

    Certain key words-Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality
    and Fraternity-are explained as follows:

    Sovereign
    The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state. There is no authority above it, and it is free to conduct its own affairs (both internal and external).

    Though in 1949, India declared the continuation of her full membership of the Commonwealth of Nations and accepted the British Crown as the head of the Commonwealth, this extra-constitutional declaration does not affect India’s sovereignty in any manner’. Further, India’s membership of the United Nations Organisation (UNO) also in no way constitutes a limitation on her sovereignty.
    Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favour of a foreign state.

    Socialist
    Even before the term was added by the 42nd Amendment in 1976, the Constitution had a socialist content in the form of certain Directive Principles of State Policy. In other words, what was hitherto implicit in the Constitution has now been made explicit. Moreover, the Congress party itself adopted a resolution to establish a ‘socialistic pattern of society’ in its Avadi session as early as in 1955 and took measures accordingly.
    Notably, the Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’ (also known as ‘state socialism’) which involves the nationalisation of all means of production and distribution and the abolition of private property. Democratic socialism, on the other hand, holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side. As the Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity. Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards the Gandhian socialism.
    The new Economic Policy (1991) of liberalisation, privatisation and globalisation has, however, diluted the socialist credentials of the Indian State.

    Secular
    The term ‘secular’ too was added by the 42nd Constitutional Amendment Act of 1976. However, as the Supreme Court said in 1974,
    although the words ‘secular state” were not expressedly mentioned in the Constitution, there can be no doubt that Constitution-makers wanted to establish such a state and accordingly Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution.
    The Indian Constitution embodies the positive concept of secularism ie, all religions in our country (irrespective of their strength) have the same status and support from the state.

    Democratic
    A democratic” polity, as stipulated in the Preamble, is based on the doctrine of popular sovereignty, that is, possession of supreme power by the people.
    Democracy is of two types-direct and indirect. In direct democracy, the people exercise their supreme power directly as is the case in Switzerland. There are four devices of direct democracy, namely, Referendum, Initiative, Recall and Plebiscite. In indirect democracy, on the other hand, the representatives elected by the people exercise the supreme power and thus carry on the government and make the laws. This type of democracy, also known as representative democracy, is of two kinds-parliamentary and presidential.
    The Indian Constitution provides for representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions. Universal adult franchise, periodic elections, rule of law, independence of judiciary and absence of discrimination on certain grounds are the manifestations of the democratic character of the Indian polity.
    The term ‘democratic’ is used in tne Preamble in the broader sense embracing not only political democracy but also social and economic democracy.
    This dimension was stressed by Dr. Ambedkar in his concluding speech in the  Constituent Assembly on November 25, 1949, in the following way:

    “Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean ? It means a way of life which recognises liberty equality and fraternity. The principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. They form a union ot trinity in the sensa that to divorce one from the other is to defeat the very purpose ot democracy. Liberty cannot be divorced from equality,  equality cannot ba divorced trom liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty, would kill individual initiative”.
    In the same context, the supreme Court observed in 1997 that: *The Constitution envisions to establish an egalitarian social order rendering to every citizen social, economic and political justice in a social and economic democracy of the Bharat Republic”.

    Republic
    A democratic polity can be classified into two categories-monarchy and republic. In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that is, he comes into office through succession, e.g., Britain. In a republic, on the other hand, the head of the state is always elected directly or  indirectly for a fixed period, e.g., USA.
    Therefore, the term ‘republic’ in our Preamble indicates that India has an elected head called the president. He is elected indirectly for a fixed period of five years.
    A republic also means two more things: one veating of political sovereignty in the people and
    not in a single individual like a king; second, the absence of any privileged clas and hence all public offices being opencd to every citizen without any discrimination.

    Justice
    The term ‘justice’ in the Preamble embraces  three distinct forms-social, economic and political, secured through vurious provisions of Fundamantal Rights and Directive Principles.
    Social justice denotes the equal treatment of all citizens without any social distinctlon based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs and OBCs) and Women.
    Economic justice denotes the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income and property. A combination of social justice and economic justice denotes what is known as ‘distributive justice
    Political justice implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government. The ideal of justice-social, economic and
    political-has been taken from the Russian Revolution (1917).

    Liberty
    The term liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.
    The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their Fundamental Rights, enforceable in court of law, in case of violation.
    Liberty as elaborated in the Preamble is very essential for the successful functioning of the Indian democratic system. However, liberty does not mean “license’ to do what one likes, and has to be enjoyed within the limitations mentioned in the Constitution itself. In brief, the liberty conceived by the Preamble or Fundamental Rights is not absolute but qualified.
    The ideals of liberty, equality and fraternity in our Preamble have been taken from the French Revolution (1789-1799).

    Equality
    The term ‘equality’ means the absence of Special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.
    The Preamble secures to all citizens of India equality of status and opportunity. This provision embraces three dimensions of equality- civic, political and economic.
    The following provisions of the chapter on Fundamental Rights ensure civic equality:
    (a) Equälity before the law (Article 14).
    (b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
    (c) Equality of opportunity in matters of public employment (Article 16).
    (d) Abolition of untouchability (Article 17).
    (e) Abolition of titles (Article 18).
    There are two provisions in the Constitution that seek to achieve political equality. One, no person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex (Article 325). Two, elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage (Article 326).
    The Directive Principles of State Policy (Article 39) secures to men and women equal right to an adequate means of livelihood and equal pay for equal work.

    Fraternity
    Fraternity means a sense of brotherhood. The Constitution promotes this feeling of fraternity by the system of single citizenship. Also, the Fundamental Duties (Article 51-A) say that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities.

    The Preamble declares that fraternity has to assure two things-the dignity of the  individual and the unity and integrity of the nation. The word ‘integrity’ has been added to the preamble by the 42nd Constitutional Amendment (1976).
    According to K.M. Munshi, a member of the Drafting Committee of the Constituent Assembly, the phrase “dignity of the individual’ signifies that the Constitution not only ensures material betterment and maintain a democratic set-up, but that it also recognises that the personality of
    every individual is sacred. This is highlighted through some of the provisions of the Fundamental Rights and Directive Principles of State Policy, which ensure the dignity of individuals. Further, the Fundamental Duties (Article 51-A) also protect the dignity of women by stating that it shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women, and also makes it the duty of every citizen of India to uphold and protect the sovereignty, unity and integrity of India.

    The phrase ‘unity and integrity of the nation’ embraces both the psychological and territorial dimensions of national integration. Article 1 of the Constitution describes India as a ‘Union of States’ to  make it clear that the states have no right to secede from the Union, implying the
    indestructible nature of the 1ndian Union. It  aims at overcoming hindrances to national
    integration like communalism, regionalism, casteism, linguism, secessionism and so on.

  • Preamble of Indian Constitution (Part-1)

    In this article, we will discuss Preamble of Indian Constitution (Part-1). So, let’s get started.

    Preamble of Indian Constitution

    The American Constitution was the first to begin with a Preamble. Many countries, including India, followed this practice. The term ‘Preamble’ refers to the introduction or preface to the Constitution. It contains the summary or essence of the Constitution. N.A. Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the ‘identity card of the Constitution”.
    The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly’. It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words – Socialist, Secular and Integrity.

    Text of the Preamble
    The Preamble in its present form reads:
    “We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
    JUSTICE, Social, Economic and Political;
    LIBERTY of thought, expression, belief, faith and worship;
    EQUALITY of status and of opportunity; and to promote among them all;
    FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

    IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.

    Ingredients of the Preamble
    The Preamble reveals four ingredients or components:

    Source of authority of the Constitution: The Preamble states that the Constitution derives its authority from the people of India,

    Nature of Indian State: It declares India to be of a sovereign, socialist, secular democratic and republican polity.

    Objectives of the Constitution: It specifies justice, liberty, equality and fraternity as the objectives.

    Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.

  • Salient Features of Indian Constitution (Part-11)

    In this article, we will discuss Salient Features of Indian Constitution (Part-11). So, let’s get started.

    Universal Adult Franchise

    The Indian Constitution adopts universal adult franchise as a basis of elections to the Lok Sabha and the state legislative assemblies. Every citizen who is not less than 18 years of age has a right to vote without any discrimination of caste, race, religion, gender, literacy, wealth and so on. The voting age was reduced to 18 years from 21 years in 1989 by the Constitutional Amendment Act of 1988.

    The introduction of universal adult franchise by the Constitution-makers was a bold experiment and highly remarkable in view of the vast size of the country, its huge population, high poverty, social inequality and overwhelming illiteracy.

    Universal adult franchise makes democracy broad-based, enhances the self-respect and prestige of the common people, upholds the principle of equality, enables minorities to protect their interests and opens up new hopes and vistas for weaker sections.

  • Features of Parliamentary Government

    In this article, we will discuss Features of Parliamentary Government. So, let’s get started.

    Features of Parliamentary Government

    The features or principles of parliamentary government in India are:

    Nominal and Real Executives
    The President is the nominal executive (de jure executive or titular executive) while the
    Prime Minister is the real executive (de facto executive). Thus, the President is head of the
    State, while the Prime Minister is head of the government. Article 74 provides for a council
    of ministers headed by the Prime Minister to aid and advise the President in the exercise of his functions. The advice so tendered is binding on the President’.

    Majority Party Rule
    The political party which secures majority seats in the Lok Sabha forms the government. The leader of that party is appointed as the Prime Minister by the President; other ministers are appointed by the President on the advice of the prime minister. However, when no single party gets the majority, a coalition of parties may be invited by the President to form the government.

    Collective Responsibility
    This is the bedrock principle of parliamentary government. The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular (Article 75). They act
    as a team, and swim and sink together. The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence.

    Political Homogeneity
    Usually members of the council of ministers belong to the same political party, and hence they share the same political ideology. In case of coalition government, the ministers are bound
    by consensus.

    Double Membership
    The ministers are members of both the legislature and the executive. This means that a person cannot be a minister without being a member of the Parliament. The Constitution stipulates that a minister who is not a member of the Parliament for a period of six consecutive months ceases to be a minister.

    Leadership of the Prime Minister
    The Prime Minister plays the leadership role in this system of government. He is the leader of council of ministers, leader of the Parliament and leader of the party in power. In these capacities, he plays a significant and highly crucial role in the functioning of the government.

    Dissolution of the Lower House
    The lower house of the Parliament (Lok Sabha) can be dissolved by the President on recommendation of the Prime Minister. In other words, the prime minister can advise the President to dissolve the Lok Sabha before the expiry of its term and hold fresh elections. This means that the executive enjoys the right to get the legislature dissolved in a parliamentary system.

    Secrecy
    The ministers operate on the principle of secrecy of procecdure and cannot divulge information about their proceedings, policies and decisions. They take the oath of secrecy before entering their office. The oath of secrecy to the ministers is administered by the President.