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— Madhukar Shyam
(The Indian Express has launched a new series of articles for UPSC aspirants written by seasoned writers and erudite scholars on issues and concepts spanning History, Polity, International Relations, Art, Culture and Heritage, Environment, Geography, Science and Technology, and so on. Read and reflect with subject experts and boost your chance of cracking the much-coveted UPSC CSE. In the following article, Madhukar Shyam, a political scientist, explicates the parliamentary system of governance, and draws a comparison between the Indian and British forms of Parliamentary governance.)
During the previous NDA government, the circumstances in which the three contentious farm laws were repealed in November 2021 were of critical significance for the parliamentary system of governance.
The three laws were enacted in September 2020 and aimed at reforming how agricultural produce is marketed, sold, and stored across the country. However, the bills faced strong protests from the farmers. And after months of negotiations and protests, the government repealed the three laws.
But why did the government repeal the laws? What is the significance of the government’s decision for the parliamentary system of governance? What is the parliamentary system of governance and why has India adopted it?
As we know, a parliamentary system of governance is a democratic form of government in which the executive branch derives its legitimacy from and is accountable to the legislature or parliament.
As a result, it is also known as a responsible government. In this system, the Prime Minister is usually the head of government and the leader of the party or coalition with the majority of seats in Parliament.
Contrastingly, in a presidential system, the head of state – the President – is elected separately and holds independent executive power.
The parliamentary system closely intertwines the executive and the legislature, resulting in a fusion of power. The Council of Ministers or the Cabinet headed by the Prime Minister is collectively responsible to the Lok Sabha, meaning the entire government must resign if it loses the vote of confidence.
The system also provides for an alternative government. If the ruling party loses the confidence of the lower house, the opposition party is prepared to take over, ensuring continuity and stability in governance.
The Indian Parliament, also known as Sansad, is bicameral. It has a multi-party system in which the party with the majority seats, or coalition, forms the government. Thus, it ensures diverse representation within Parliament.
Countries like India, the United Kingdom, Canada, Australia, and Japan have parliamentary systems.
The parliamentary system offers several advantages such as responsiveness, which allows for swift replacement of the government if it loses parliamentary confidence; flexibility, which enables quick decision-making and adaptation; and power of the executive, which allows majority governments to implement policies effectively.
However, the system has some disadvantages, which include the concentration of power in the hands of the Prime Minister and the Cabinet, and a lack of checks and balances on the executive, potentially leading to the misuse of power and instability, particularly in coalition governments.
Ultimately, the suitability of a parliamentary system for a particular country depends on its historical context, political culture, and specific system design, which balances its strengths and weaknesses.
Notwithstanding its disadvantages, India has adopted the parliamentary system of governance. The system has many vital features such as:
• Bicameral Legislature: The Indian Parliament comprises the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The people of India directly elect Lok Sabha members, while state legislative assemblies’ members elect Rajya Sabha members.
• Dual Executive System: An electoral college elects the President of India as the ceremonial head of state. The President’s duties are mainly ceremonial, and the Council of Ministers exercises executive powers.
The Prime Minister is the head of the government and leads the Council of Ministers. The Prime Minister is usually the party leader or coalition leader with a majority in the Lok Sabha.
• Prime Minister’s Role: The Prime Minister is the chief advisor to the President, responsible for running the government, and plays a vital role in the functioning of the Parliament.
The role of Parliament is to enact laws, control finances, and amend the Constitution. The Lok Sabha plays a critical role in the legislative process and holds the executive accountable through debates, question hours, and various parliamentary committees.
After the end of colonial rule, India adopted a parliamentary system of government from Britain. So, are there any similarities or differences between India and the British Parliamentary systems?
Both countries have a head of state who performs a ceremonial role: the Monarch in the UK and the President in India. However, the Indian President is more powerful than the British ceremonial head.
Each has a bicameral parliament consisting of an upper house (the House of Lords in the UK and the Rajya Sabha in India) and a lower house (the House of Commons in the UK and the Lok Sabha in India). The principle of collective responsibility ensures that the cabinet, headed by the Prime Minister, is accountable to the parliament and must resign if it loses the vote of confidence.
Governance is based on majority party rule, with the Prime Minister serving as the leader of the party or coalition with the majority of seats in the lower house. Usually, council members belong to the same political party and share the same political ideology.
In a coalition government, the consensus binds the ministers. Both systems exhibit that the executive is responsible to the legislature, ensuring a system of checks and balances that is vital for democratic accountability and transparency.
Despite having inherited the British parliamentary system, India has many distinct features. Parliamentary sovereignty is a principle of the UK constitution. It gives Parliament the supreme legal authority to create or end any law.
There is also no provision for judicial review. But India follows a constitutional government where the constitution limits the power of parliament to legislate. The constitution’s basic structure is the pillar of the Indian judiciary.
The Indian Constitution is a written constitution that defines the government’s limitations. India’s head of state (the President) is indirectly elected for a five-year term, whereas the UK’s head (the Monarch) holds a hereditary position.
India and the UK have a bicameral legislature. In India, the Rajya Sabha (Council of States) represents the states and union territories, reflecting India’s federal structure. State legislatures elect members of the Rajya Sabha.
Conversely, the UK’s House of Lords comprises appointed life peers, bishops, and a diminishing number of hereditary peers. In India, the Prime Minister can be from the Lok Sabha or the Rajya Sabha, underscoring the country’s federal nature.
If the prime minister or ministers are not members of parliament at the time of appointment, they must secure a seat within six months. In contrast, the UK’s Prime Minister is traditionally a member of the House of Commons, ensuring direct electoral accountability.
The role of the Speaker also differs: In India, a member belonging to the ruling party is generally elected as Speaker, whereas in the UK, the Speaker renounces party affiliation upon election to uphold impartiality.
India’s parliamentary sessions feature Zero Hour, a unique aspect where members can raise urgent matters without prior notice. The UK has no direct equivalent, although MPs can raise urgent issues through other parliamentary procedures.
In India, MPs must adhere strictly to party discipline, often voting along party lines. The Anti-Defection Law mandates that MPs who defect from their party face disqualification, necessitating a by-election within six months.
In contrast, while the UK employs a robust party whip system, MPs occasionally have more flexibility to vote according to their conscience or the interests of their constituents. Unlike India, the UK has no equivalent to anti-defection law, allowing MPs more freedom in voting decisions.
The representation within the legislative bodies reflects the diversity of each country. India has reserved seats for Scheduled Castes and Scheduled Tribes to ensure the representation of marginalized communities. While not having reserved seats, the UK is trying to increase diversity among MPs through party selection processes.
To sum up, the Indian parliamentary form of government is both very effective and constantly evolving. Here, citizens are able to defend themselves against any orders issued by the government by either knocking on the door of the judiciary or using their right to protest to put pressure on the government. This is exactly what happened in the Farm Laws dispute.
However, it is also observed that the average annual sitting days of the Indian Parliament are decreasing. For example, the average annual sitting days of the first Lok Sabha was 135 days, while the 17th Lok Sabha sat only for 55 days on average in a year. There’s need to ponder over the reasons behind it.
Also, the election of people from criminal backgrounds, and the possible effective ways to check such issues are other major issues of serious concern.
What is the parliamentary system of governance? Compare it with the presidential form of governance.
Draw a comparison between the Indian and British forms of Parliamentary governance.
What are the prominent challenges faced by the Indian Parliament?
Does the anti-defection law need reform to make it more effective?
What is the role of the Election Commission in shaping the Indian Parliament?
(Dr. Madhukar Shyam is an Assistant Professor of Political Science at Christ (Deemed to be University), Delhi NCR.)
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