Parliamentary Government of India Chapter Notes | Civics Class 8 ICSE PDF Download

• During the framing of the Indian Constitution, the Constituent Assembly had to decide whether India should follow a parliamentary form of government or adopt the presidential system.
• In the presidential system, the President (Head of State) is chosen directly by the citizens and functions independently without being answerable to any other governing body for support or approval.
• In contrast, under the parliamentary system, which India chose, the President is largely a symbolic figure with limited powers.
• The President is elected by the legislature (Parliament), and the actual authority rests with the Prime Minister, who is the real head of government.
• The Prime Minister leads with the help of the Council of Ministers, who are selected and dismissed based on the Prime Minister’s advice.
• The Prime Minister chairs cabinet meetings and plays a key role in shaping both domestic and foreign policy decisions, holding more power than other cabinet members.
• Additionally, both the Prime Minister and the Council of Ministers are accountable to the legislature, particularly the Lok Sabha (lower house).
• This setup ensures that the exercise of power is constantly monitored and balanced.
• The Constitution’s framers deliberately chose the parliamentary system to prevent concentration of power in one individual or group, which could lead to authoritarian rule.
• They wanted a system where power was shared and checked.
• Another reason for adopting this system was its familiarity—Indians had already experienced the parliamentary model during British rule.
• The parliamentary structure was also better suited to India's diverse population, allowing power to be spread more evenly and ensuring the protection of minority rights.

The Parliamentary System

• The parliamentary system, also called cabinet government, is based on parliamentary democracy.
• The Parliament is supreme, and the executive is accountable to it.
• India’s large population makes direct rule impossible, so representatives are elected to the Parliament.
• Examples of parliamentary governments include India, Britain, Australia, and Canada.

The Parliament and Its Composition

• The Parliament of India, called Sansad, is the supreme law-making body.
• It consists of the President of India, Lok Sabha (Lower House), and Rajya Sabha (Upper House).

Lok Sabha

• Lok Sabha, or House of the People, has members directly elected by citizens through universal adult franchise.
• Every Indian citizen over 18 can vote for Lok Sabha elections.
• It has up to 550 members: 530 from states, 20 from Union Territories, and 2 nominated by the President from the Anglo-Indian community.
• Members serve a five-year term.
• Eligibility: Indian citizen, at least 25 years old, mentally sound, not bankrupt, and no criminal convictions.
• The Speaker, elected by Lok Sabha members, presides over the house.

Rajya Sabha

• It has 250 members: 238 elected from states and Union Territories, and 12 nominated by the President.
• Members are indirectly elected by state legislative bodies for a six-year term.
• One-third of members retire every two years, replaced by new members.
• Eligibility: Indian citizen, at least 30 years old, with special knowledge or experience in specific fields.
• The Vice President of India presides over Rajya Sabha.

Role of the Parliament

Make Laws

Oversee the Work of the Government

• The Parliament controls subjects like defense, foreign affairs, railways, transport, communication, currency, banking, and customs.
• It monitors government functioning directly or indirectly.

Represent the Interests of the People

Bills and Their Types

• A bill is a proposed law debated in the Parliament.
• Bills must be passed by both houses and approved by the President to become laws.

Ordinary Bill

• An ordinary bill can be introduced in either Lok Sabha or Rajya Sabha.
• It becomes a law after being passed by both houses and approved by the President.

Money Bill

• A money bill deals with government income or expenditure.
• It can only be introduced in Lok Sabha.
• After three readings in Lok Sabha, it goes to Rajya Sabha for suggestions.
• It becomes a law after the President’s approval.

Passing a Law

• A bill (except money bills) can be introduced in either house of the Parliament.
• It goes through three stages: introduction, discussion, and voting.
• The bill is sent to the other house for the same process.
• If both houses pass it, the bill goes to the President for approval.
• If the second house rejects it, the bill fails.
• In case of a deadlock, a joint sitting of both houses is called to discuss and vote.
• The President can approve the bill, return it for reconsideration, or withhold assent.
• The President’s veto powers include absolute veto (refusing assent), limited veto (returning for changes), and pocket veto (taking no action).
• If the Parliament passes the bill again after reconsideration, the President must approve it.

The Executive

Role of the President

Executive Powers

• The President appoints the Prime Minister, other ministers, Attorney General, Comptroller and Auditor General, Chief Election Commissioner, UPSC members, state Governors, and Finance Commission members.
• These powers are exercised as per the Constitution.

Legislative Powers

• The President can summon or end Parliament sessions and dissolve Lok Sabha.
• The President can call a joint sitting of both houses.
• The President nominates 12 Rajya Sabha members and 2 Lok Sabha members from the Anglo-Indian community.
• Some bills require the President’s prior recommendation.
• The President can approve, withhold, or return bills (except money or constitutional amendment bills) for reconsideration.

Financial Powers

• Money bills need the President’s recommendation to be introduced.
• The President presents the Union Budget to the Parliament.

Diplomatic Powers

• The President signs international treaties, subject to Parliament’s approval.
• The President represents India in international forums and appoints diplomats.

Military Powers

• The President is the Commander-in-Chief of the Indian Armed Forces.
• The President can declare war or peace, with Parliament’s approval.
• The President appoints the chiefs of the army, navy, and air force.

Judicial Powers

• The President appoints the Chief Justice and other judges on the Chief Justice’s advice.
• The President can dismiss judges if both houses pass resolutions for it.
• The President can grant pardons or reduce sentences, especially in capital punishment cases.
• The President enjoys judicial immunity during their term.

Emergency Powers
The President can declare a state of emergency if the country’s security is threatened.
Types of emergencies include:

• ​State Emergency: Declared due to failure of constitutional machinery in a state.
• National Emergency: Declared during war, armed rebellion, or external aggression.
• Financial Emergency: Declared if the country’s financial stability is at risk.

The Prime Minister and the Council of Ministers

• The President appoints the Prime Minister, usually the leader of the majority party in Parliament.
• The Prime Minister heads the Council of Ministers, the real executive.
• The President acts on the advice of the Prime Minister and Council of Ministers.
• The Prime Minister can change cabinet members by requesting resignations or dismissals.
• The Prime Minister’s resignation leads to the entire Council’s resignation.
• The Prime Minister links the President and the Cabinet.
• The Prime Minister leads the Parliament, sets its session dates, and represents the cabinet.
• The Prime Minister is the chief spokesperson for India in international relations.
• The Prime Minister chairs the Planning Commission, an advisory body.
• The Council of Ministers is appointed by the President on the Prime Minister’s advice.
• Ministers are ranked as Cabinet Ministers, Ministers of State, and Deputy Ministers.
• All ministers must be Parliament members or elected within six months of appointment.

Comparison between the Council of Ministers and the Cabinet

1. Includes all three types of ministers: Cabinet Ministers, Ministers of State, and Deputy Ministers.
2. It is a large group that meets only occasionally.
3. The Prime Minister is not required to consult the entire Council for key decisions.
4. Although the Constitution states it advises the President, this role is not carried out by the full Council in practice.

The Cabinet

1. Composed mainly of senior ministers who have a cabinet rank and handle significant departments.
2. It is a smaller, more unified group that meets frequently.
3. The Prime Minister seeks their opinions on major matters.
4. In practice, it is the Cabinet that advises the President on daily governance matters.

Case Study: The Debate between President Dr Rajendra Prasad and Prime Minister Jawaharlal Nehru

•  The dominance of India’s parliamentary system today resulted from a significant disagreement between Prime Minister Jawaharlal Nehru and President Dr Rajendra Prasad. 
•  The exchange of letters between the two leaders revealed that Dr Prasad supported granting the President broader discretionary powers. However, the country ultimately adopted a strictly parliamentary system due to Nehru's position winning out in the debate. 
•  These communications from 1950 and 1951 are now publicly available. In a letter dated March 21, 1950, Dr Prasad asked for clarification about the extent of the President’s powers without the Council of Ministers’ advice. He emphasized that the President, not being a member of Parliament, had a distinct role and that the Constitution required clearer guidelines. 
• Dr Prasad also argued that the President should be able to directly reach out to any secretary for advice or information without needing permission, as there was no justification for suspicion in a democratic setup. 
• Nehru responded by referring to Article 74 of the Constitution, which required the President to act based on the advice of the Council of Ministers. He also cited Article 75, which established that the Council is collectively accountable to the Lok Sabha, highlighting that governance must reflect the will of the people. 
•  In a reply dated October 6, 1950, Nehru warned that if the President ever ignored the Council's advice, it would lead to a constitutional breakdown. He reinforced that the Constitution's authors had clearly opted for a parliamentary system over a presidential one.

Accountability of the Government

• The parliamentary system ensures collective responsibility of the Council of Ministers to the Parliament.
• All ministers are equally responsible for cabinet decisions and their outcomes.
• A no-confidence motion against any policy or minister is considered against the entire Council, leading to its resignation.
• The Parliament supervises the Council through questions during Question Hour, attention notices, and adjournment motions.
• The Council of Ministers needs Parliament’s approval to pass laws, spend money, or impose taxes.
• The system of checks and balances ensures no single branch (Parliament, Executive, or Judiciary) becomes too powerful.