PARLAIMENTARY SYSTEM AND

PRESIDENTIAL SYSTEM
Representative democracy comprises a form of democracy wherein voters choose their
representatives to act in their interest.
Modern representative democracy implies: outstanding types of representative democracy are (i)
Parliamentary and (ii) Presidential.

Parliamentary System
Almost by definition, Parliament is supposed to be supreme. There is fusion of the Executive and
Legislative powers inasmuch as the Executive are not separate centres Parliamentary system lays
greater emphasis on the concept of executive answerability to Parliament. When majority in the
House comes to be opposed to it parliamentary system the head of the government is different
from the head of the State.

Presidential System
Presidential system is distinguished by the President being elected by the people as the head of
the State for fixed term. He is the centre of power head of the State as also of the Government as
his tenure is dependent on retaining the confidence of the Legislature or enjoying majority
support for his policies. The executive vests in him and he is free to choose the heads of different
who may be called Secretaries or Ministers. The doctrine of separation of powers and functional
differentiation between the Executive the Legislature and the Judiciary exists. Judicial review is
almost absolute with the Supreme Court deciding from time to time what the U.S. Constitution is.
Presidential-Parliamentary
Mixed systems with features of both Presidential and Parliamentary, systems have been
experimented with varying degrees of success e.g. in France, Sri Lanka, Bangladesh etc.

Reasons for adoption of parliamentary system in India

Favorable recommendation of the Constitution Committee Presided over by Nehru.
Dominion Government of India was functioning as a full-fledged parliamentary government.
Accountable Government was essential for a diverse country like India
Cabinet advises the head of the State. He is made really the symbol of the impartial dignity of the
Constitution.

Merits of Parliamentary system as follows :

Old traditions, involves peaceful methods of action, peaceful acceptance of decisions taken and
attempts to change them through peaceful ways again.
Prevent a conflict between the legislature and executive and promotes harmony between the
different parts of the governmental system.
Fit in with the changing pattern of life.

Failures of Parliamentary System

1. Decline of Parliament

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 Parliament is bypassed most of the time. Parliamentary scrutiny is avoided. The duration of the
sessions is on the decline. Interruptions are on the rise. Answers to questions are unsatisfactory
and incomplete. It is easier to extract full and fair information through the Right to Information
Act than by raising questions in Parliament. Even a short-duration discussion or calling attention
motion does not yield results.
2. Decline in Quality of Our Representatives
Those who govern should be of the highest moral caliber and imbued with spirit of service, but
hardly anyone measures up to these expectations. Progressive deterioration in the quality of our
politicians and legislators is a part of the general degradation of our politicians and our public
life.
3. Decline in Quality of Debates
We no longer have the type of intellectuals and stimulating debates Leaders do not attend debates
discussions debates in Parliament degenerate into party squabbles, there being no decorum and
violent and undignified scenes taking. Speaker has difficulty in keeping order. Speaker is
partisan or incapable.
4. Legislatures as Agents of Vested interests
Parliamentary and legislative life as a whole came down from its earlier higher standards. A
career in the Parliament or State Legislatures in the absence of patriotism or idealism, was turned
more into a professional and money making proposition. Lobbying by Parliamentarians became
a common practice. They were no longer the promoters of national which should be their real
mission if politics is to be a noble pursuit for the public weal and not a profession. Members of
Parliament and state legislatures began to be increasingly made use of by big industrial houses
and rich businessmen towards their own taking advantage of their proximity to and influence with
those in power.
5. Defections:
India evolved its own brand and pattern of defection politics; the motives being partisan personal
and selfish the principles being a secondary consideration. The purpose of defection being only to
further the interests of the party or the person in power. Wholesale and mercenary defections
made a farce of our democracy and party system and not only brought down our parliamentary
tradition, shook the faith of our people in institutions which was an unhealthy development.
6. Criminalization of Politics
In some parts like Bihar and Uttar Pradesh, the writ of the dacoits or local leaders or Mafia Chiefs
of different description runs as much more than that of police. The Mafia and other Chiefs
actually rule the territories. Ruling Party and the Government themselves have been in league
with these anti-social elements for furthering their selfish political and personal ends. There is a
parallel economy in the country; there are even parallel Governments whose writs run large.
Vohra Committee categorically points out that, Mafia Organisations had developed significant
muscle and money power and established linkages with governmental political leader. It said
“that the mafia network was virtually running a parallel government, pushing the state apparatus
into irrelevance.” Entry of criminals into legislature is a new trend of Indian politics. In 1977, the
Bihar Assembly had 10 MLAs who were history-sheeters; by 1990, there were 40. In Uttar
Pradesh, over 189 of the 403 MLAs have criminals cases pending against them. In August 1997
the Election Commissioner G.V.G. Krishnamurthy has observed that as per records, 40 members
of Parliament have criminal cases pending against them while nearly 700 members of state
assemblies out of 4,072 are named in criminal cases. The Election Commission’s affidavit lists

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 around 162 MPs in the 15th Lok Sabha and 186 MPs in the 16th Lok Sabha with criminal charges
against them.
7. Deterioration of the Law and Order:
Increasing incidence of violence is a criterion. Violence in the shape of riots agitations, extremist
action clashes between castes has become so common and the terrorist killings such a daily
occurrence.
Political patronage in Bihar has prevented the police from arresting ‘absconders’, against whom
arrest warrants have been pending since years. 50 percent of total State forces are now engaged
on various “VIP security” duties as bodyguards and house guards and beneficiaries range from
high profile politicians to former police officers and bureaucrats. . As a result normal activities,
including crime control and investigation of cases, were affected
8. Lack of Strong and Effective Opposition:
Strong and effective opposition, the pre-requisite for the healthy and vigorous functioning of
democracy has yet to emerge. Opposition is highly ineffective. Opposition in India has generally
failed to act and fulfill its role in a positive manner. It could have adopted a more constructive
approach on co-operation with the Government, but such a spirit has been displayed by the
opposition only in times of national crises. Opposition has tended to act as an investing police
rather than as a watchdog in criticizing and opposing the policies of the Government.
9. Corruption:
A stage has been reached when nothing in the Government moves without oiling the wheels or
greasing the palms whether in the grant of licences where enormous amounts are involved or in
getting some routine work done at the hands of a petty official. India’s ranking in the annual
corruption index, released by Berlin-based non-government organisation Transparency
International (TI), slid to 81 among a group of 180 countries. The Corruption Perception Index
2017 also singled out India as one of the “worst offenders” in the Asia-Pacific region
10. The Parallel Economy:
Estimates Committee of the Parliament has expressed concern over the alarming magnitude of
black money in the country and emphasized that there is considerable scope for unearthing
unaccounted incomes in different sectors.
11. Crisis of Governability:
Indian governments that have been elected with large majorities have repeatedly failed to
translate popular support into effective policies. Personal rule has replaced party rule at all levels.
12. Paid News:
Paid news has become an overt and institutionalized affair, it reached the proportion of being
described as “fourth estate on sale”. Paid news can be defined as quid pro quo news, which is
unfair or camouflaged news or advertising. Money and media power in India’s electoral politics
has been on the increase. Note for vote phenomenon nationwide is hardly a secret. In
Democracy, free and fair elections and a free Press are equally important.

Other issues:
Instead of performing their parliamentary duties they are constantly probing for opportunities to
increase their privileges, and abuse their spouse passes, allow their companions to travel without
ticket and generally put themselves above the law. The Executive has assumed the law-making
functions. Acrimony and bitterness generated by divisive politics that the floor of Parliament has
become the area of street fight and the House is not allowed to function for days.

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 The direct causes of the failure:
Failure to maintain law and order;
Failure to bring unbounded economic potential of the country to fruition;
Failure to make human investment
Failure to provide moral leadership.

Case for presidential system

In Presidential form of government, whenever the politicians fail the country, there is at least one
strong organ of the state capable of tiding over the crisis. Caught in the grip of political
instability, Coalition governments became as numerous as the occasions for President’s rule.
The Presidential system provided a fair balance of power between the executive, the legislature
and the judiciary is maintained.

Advantages in having the Presidential system:

• Enables the President to have a cabinet of outstanding competence and integrity.
• Cabinet ministers are not elected they are not motivated to adopt cheap populist measures
in the long run.
• Presidential system permits the cabinet ministers to be absorbed in the job of governing
the country, instead of wasting their time and potential in endless politicking.
• Stop defections and desertions on the part of legislators which are in most cases motivated
purely by thirst power and hunger for office. Weak coalitions may emerge at the centre in
Parliamentary system, diluting its authority. This is a serious situation particularly in the
context of the rapid rise of divisive and fissiparous elements posing a threat to the
integrity of the country. Only direct election of the Chief Executive (President) can
ensure stability so vital to maintain our nationhood.

Evaluating the systems

Parliamentary v/s Presidential

The President selects his cabinet ministers entirely from outside Parliament. The invariable
characteristic of the Presidential system in all its different forms is that it makes the President the
Chief executive or the head of the government instead of the Prime Minister. Secondly, unlike the
Prime Minister the President cannot be removed by a vote of no confidence in Parliament.
Prime Minister assurance that every major thing he asks for will be enacted due to tight discipline
of Parliamentary system.

Presidential system cannot be an alternative model for india

Except in a few countries, the Parliamentary system has failed. But the democratic Presidential
system has even fewer successes to boast. The experience in Asian and African countries has
been that hardly any President has gone out of office as a result of elections. Only death or a
coup has resulted in his displacement.
In presidential systems the President and the legislature can both invoke the mantle of democratic
legitimacy. In the event of a clash between them there is no democratic means of resolving
differences of policy. The President claiming independent authority and popular mandate, has no
reason to defer to the legislature and indeed will be perceived as weak for doing so.

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 Parliament is nominally supreme over the executive and the representatives of different interests
have constitutional status in the system of government.

Advantages of parliamentary system:

The fact that the change of an executive President is accompanied by a wholesale replacement of
senior public officials can also be disruptive of the administrative process.
From this point of view, it is parliamentary systems which provide greater continuity and
stability.
Another reason for the stability of parliamentary regimes in many European countries lies in the
separation of the executive (head of government) and ceremonial (head of state) functions.
Parliamentary systems confer greater flexibility through the simpler expendient of votes of
confidence on the floor of the house. The ouster of a Prime Minister poses no threat to democracy
itself.
Parliamentary democracy can be more stable especially in societies driven by deep social and
political cleavages.
A coalition government, places a higher premium on the political skills of bargaining and
consensus building. Coalitions can offer effective and continuous representation to a variety of
interests which would be excluded from the administration in a presidential regime
In contrast to a sort of individual presidential executive the cabinet executive with collective
responsibility can more adequately reflect social and political diversity.

Disadvatanges of Presidential System

The President is the leader of a particular party and offers a partisan option in public policy
A fixed term makes presidential systems correspondingly more rigid. A President can be
removed from office only by the uncertain drastic and divisive process of impeachment.
American Supreme Court blocked social legislation, and allowed the robber barons to exploit the
American people. The Supreme Court again helped perpetuate social discrimination
The application of the American pattern in a country of such vast ethnic, social, religious and
linguistic diversity as ours would spell either complete disintegration or frequent constitutional
breakdowns both in the States as well as at the Centre.
Why it worked in USA: The system has somehow worked because of the innate Anglo-Saxon
respect for the law the constitution and the judiciary and their spirit of compromise and
adjustment. There is no such reverence for law in the caste-ridden India. In a presidential India,
should be Presidency and Legislature come to be controlled by two different parties or groups of
parties a complete deadlock would ensue.
We must not confuse the fundamental defects of our social order with the supposed drawbacks of
the political system. The Parliamentary system is not all that bad, and the Presidential system not
all that goods.

Reforming parliamentary system in various aspects: If our existing democratic institutions can be
revived, a great deal can be achieved. Some reforms towards this end:
• Reduction of poll expenditure
• Simultaneous elections to all representative institutions, regular elections to local bodies
• State financing of elections
• Democratization of political parties

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 • Direct election to the upper house to eliminate ‘Vote-trading’
• Proper selection of judges raising of their emoluments and retirement age
• Efficiency and work ethic in government department and public sector undertakings
• An efficient public grievances procedures are some of the reforms indicated.

Measures/ Reforms for strengthening parliamentary system:

Following the German practice, we could provide for a constructive vote of confidence in the
Council of Ministers. This would make it essential for the House to select a successor
simultaneously with the throwing-out of the incumbent Prime Minister
No-confidence in the Council of Ministers cannot be entertained more than once during the same
year. To increase stability and decrease frequent changes to government
To form a stable government the President may take the initiate to form a national government
with the help of outsiders and with the incumbent Vice-President at the head.
(a) according the opposition its rightful place and ensuring its fuller participation in
Parliamentary life;
(b) widening the opportunities for private members for bringing up matters of public importance
before the House;
(c) review of the existing procedure relating to legislature and financial business so as to increase
the effectiveness of Parliament in the discharge of its primary duties in these fields;
(d) exercise of continuous control of the Administration through a well devised committee
system;
(e) provision of a Secretariat for Parliament independent of the Executive with Parliamentary
Staff specially recruited and trained for the service of Parliament;
(f) providing opportunities and facilities for specialization by members and for their general
equipment in order to increase their effectiveness;
(g) provisions of training for MP’s and MLA’s
(h) restricting the numbers of political parties, regulating the party system by ensuring internal
party democracy declaration of sources of party funds audit of accounts, etc;
(i) disqualifying defectors from holding any public office

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