DSU3298 English Session 08 PDF

LESSON - 8 PARLIMENTARY SYSTEM OF GOVERNMENT Topics 1 What is a Parliamentary system of Government? 2 Basic Features of Parliamentary system of Government 3 Merits of Parliamentary System of Government 4...

LESSON - 8 PARLIMENTARY SYSTEM OF GOVERNMENT Topics 1 What is a Parliamentary system of Government? 2 Basic Features of Parliamentary system of Government 3 Merits of Parliamentary System of Government 4 Demerits of Parliamentary System of Government Concepts i. Collective Responsibility ii. Close Co-operation iii. Legislature iv. Cabinet v. Executive vi. Republic Learning Objectives After learning this lesson the student is expected to have a clear understanding of what a Parliamentary system of Government is, various types of Parliamentary system of Government, the basic features of Parliamentary system of Government and merits and demerits of Parliamentary system of Government. 60 8. 1 What is a Parliamentary system of Government? The Parliamentary system of Government, which is also known as the Cabinet Government, is based on co-operation between the executive and the legislature. The executive is accountable to the legislature and stays in office only as long as it enjoys the confidence of the legislature. According to Ivor Jennings “the legislature and the executive are combined and the latter is held accountable to the former, it becomes parliamentary government. It is also known by the name of cabinet government.” According to Garner “The Parliamentary system of Government is a system in which the real executive-the cabinet or ministries are legally responsible to the legislature or one branch of it, for its political policies and acts, which ultimately become responsible to the electorate, while the popular or normative executive, the chief of the state, occupies a position of nonresponsibility”. Thus under a Parliamentary System of Government, there are two types of executives such as nominal (the head of state) and real (the head of government). Parliamentary System of Government usually have a clear differentiation between the head of government and the head of state, with the head of government being the prime minister or premier (Sometimes called chancellor) and a cabinet or a council of ministers, and the head of state often being a figurehead, often either a President (elected either popularly or by the parliament) or by a hereditary monarch (often in a constitutional monarchy). The cabinet or council is the collective executive body. Usually the leaders of the largest party in the assembly, or the governing coalition within it, take the executive offices. Unlike Presidents, who are the only officials with general responsibilities for government affairs, parliamentary executive share responsibilities among their members? This type of government exists in Britain, India, Australia, New Zealand, etc. In Sri Lanka, the Soulbury System of Government that was in operation since 1948 and the first republican system that was in operation since 1972 can be described as parliamentary systems¡ 61 8. 2 Basic Features of a Parliamentary System of government The parliamentary system of government has following basic features. 8.2.1 Nominal Executive In the first place the Parliamentary Government is characterized by the presence of a nominal executive head on whose name the entire administration is carried on. Nominal means an official name, an office or post without any powers. However, the, real powers of the nominal head are exercised by the Prime Minister and other members of his Council of Ministers. The Queen of Britain, the President of India and in Sri Lanka under the Soulbury Constitution a Governor General are the nominal executive heads who exercise their powers on the advice of the Prime Minister and his Council of Ministers. 8.2.2 Functions of the Nominal Executive I. Appointing the Prime Minister – Nominal Executive has to appoint a Prime Minister. For this purpose he will name the leader of the party which has won the majority of seats in parliament as Prime Minister. If the Prime Minister resigns or dies suddenly, then the Nominal Executive gets an opportunity to select a Prime Minister. II. Summoning and Dissolution of Parliament - This is a function that belongs to the Nominal Executive. But the decisions on these matters are taken by the Prime Minister. The Nominal Executive performs these functions on the advice of the Prime Minister. Harold Laski has pointed out that “if the Prime Minister advises the queen of Britain to dissolve parliament she cannot refuse to do so”. That is to say that these functions are performed by the nominal Executive on the advice of the Prime Minister. III. Granting Pardon to Offenders - Granting pardon to convicted offenders is also a power vested on the Nominal Executive. IV. Appointments of High level Civil Servants V. Appointments of the Chief of Armed Forces 62  VI. Appointments of Ambassadors VII. Functioning as Head of State However in doing all this, the Nominal Executive has to obtain the advice of the Prime Minister. That means in realities fact all these functions are performed by the Prime Minister. The Nominal Executive acts as a mere figure head. 8.2.3 Leadership of the Prime Minister The parliamentary government implies leadership of Prime Minister. The Prime Minister holds the real executive authority and as, such, he may be described as “the real working head of the state” (Ramsay muir). He is the chief spokesman of the government, Keystone of the cabinet arch, leader of the popular chamber, and generalissimo of national administration, It is on his advice that the normal head of the state acts on matters relating to the appointment or dismissal of the ministers, or reshuffle in their portfolios, or summoning and prorogation of the session of parliament, or proclamation of war and peace, making an appeal to the nation and the like. Thus, while the nominal head rules, the real head governs. As chief executive, chief legislator and chief administrator, the Prime Minister is potentially a very powerful individual. Everything depends on how he chooses to make up his position stronger and to achieve success by efficiently delegating some of his responsibilities. 8.2.4 Collective Responsibility The most important feature of this government is the principle of responsibility of the ministers to the legislature. It means that they can live in office only so long as they enjoy confidence or pleasure of parliament. The Prime Minister and all other Ministers are members of parliament. According to a well-accepted convention, the Prime Minister must be a member of the lower or popular house, if there are two houses of legislature. In case a minister is not a member of the parliament, he is required to secure its membership within a period of next six months. It is for this reason that the ministers take part in the proceedings of the parliament. They speak in defence of the policies and activities of the government, place motions and resolutions for discussion and see that their wishes prevail; they introduce budget in the legislature and see to it, that it is passed. The ministers also see that in every matter of 63 public importance, their decided measures are adopted by the legislature. The ministers have the power to vote in a house of which they are members. In case a vote of censure is passed, or that the government is defeated in the house, or when vote of no confidence against the ministry is passed, all ministers have to resign. This is called the principle of collective responsibility. The ministers are also bound by the rule of individual responsibility which means that the Prime Minister may ask any minister to resign in case he forfeits his pleasure. 8.2.5 Principle of Fusion of Legislative and Executive powers The parliamentary government operates on the principle of fusion of legislative and executive powers. The Prime Minister and other Ministers are members of the legislature and are individually as well as collectively accountable to it. If a person who is not a member of legislature, is included in the Council of Ministers, he must acquire the membership of the legislature within a stipulated period, otherwise he ceases to be a minister or member of the legislature after the expiry of that period. The ministers being members of legislature play an important role in the enactment of laws. Usually all important bills are introduced and piloted in the parliament by the ministers. 8.2.6 Ministers are Accountable to the Legislature Under the parliamentary government the Ministers are accountable to the legislature. The members of legislature can ask questions, seek information or criticize their policy and action. In extreme cases the legislature can pass a vote of no confidence against the ministry/minister and oust him from office. The ministers are individually as well as collectively responsible to the legislature. 8.2.7 Political Homogeneity Political homogeneity is another important feature of parliamentary government. All the ministers are taken from the same political party so that they may be able to work as a team. But if no single political party is able to secure a clear cut majority in the legislature, only then a coalition government may be formed. Usually coalition government doesn’t posses homogeneity or stability. 64 8.2.8 Sound and Effective Opposition If one party in majority forms the government, other parties form the opposition. It is, however, required that the opposition should play a constructive role part what the English call “loyal”. The purpose of the opposition is to prevent the abuse of power by the party in power. It is for this reason that the opposition attacks the government for its acts of commission and omission and the Prime Minister advices the nominal head of the state to make “an appeal to the voters” (dissolve the parliament) in case a vote of no confidence is passed against the government and there is no possibility of forming an alternative government, or when he thinks in terms of adopting some revolutionary measures in accordance with the mandate of the people. Activity 01 Discuss the main features of British parliamentary system and compare it with the American Presidential system 8. 3 Merits of Parliamentary System of Government The parliamentary system of government has certain distinct merits which are given below. The close co-operation between the executive and the legislature enables the ministers to implement the promises made to the people at the time of elections. Most of the important bills are introduced in the legislature by the ministers and are passed easily in view of the party’s majority in the parliament. Mutual co-operation between the legislature and executive imparts smoothness to administration. I. The parliamentary government is a responsible government. The ministers are accountable to the legislature for their policies and day to day working of their departments. They have to answer questions and offer other clarifications regarding their policies to the members of the legislature. Being aware that the legislature can pass a vote of no confidence against the council in case of 65  serious laps, the ministers remain ever alert and do nothing contrary to public interest. II. Parliamentary government is quite flexible and is better equipped to deal with emergencies. If the cabinet is not able to handle the situation properly the parliament can remove it and a new Cabinet can be formed. National Governments, consisting of representatives of all political parties, can also be formed to deal with the situation effectively. This was actually done in Britain during the Second World War. III. Parliamentary system acts as a check on the despotism of the government. The opposition keeps vigilance over the policies of the government and refrains it from exercising powers arbitrarily. It draws the attention of the people to the actions of commission and high-handedness on the part of the government and mobilizes the public opinion against it. IV. Under parliamentary system of government, on the fall of one government, an alternative government is easily available. If a vote of no confidence is passed against the government, the opposition can be called upon to form the government. V. The parliamentary government makes available the services of talented people to the country. Generally, the members of the Cabinet are not only good speakers but also sound administrators and try to provide an efficient system of administration. Constant criticism of their policies by the legislature also obliges them to remain alert and efficient. 8. 4 Demerits of Parliamentary System of Government The parliamentary government also suffers from the following defects and shortcomings. 1. The parliamentary system promotes partisan spirit. Usually the political parties in the legislature get divided into two hostile camps and thereby create an atmosphere of constant struggle and differences. The opposition opposes the 66  policies of the government for the sake of sheer opposition and often criticizes policies which are in the national interest. 2. Parliamentary system leads to neglect of administration. The ministers, who are in charge of various departments, cannot pay full attention to the administration and have to devote a sizeable part of their time in the parliament defending their policies or in other activities of the party. This naturally adversely affects the efficiency of administration. 3. Under parliamentary government there is always the apprehension of Cabinet establishing its dictatorship. The Cabinet with the tacking of majority of the members in the parliament finds no difficulty in getting its will transacted into laws. No doubt, the Cabinet is accountable to the parliament and system in office only as long as it enjoys the confidence of the parliament, but in reality the Cabinet dominates the parliament on account of rigid party discipline. The Ministers introduce most of the important bills in the parliament and get them passed. The Cabinet exercises full control over finances. The Cabinet can also recommend to the head of the state to dissolve the popular house. This is a potent weapon in the hands of the Cabinet with which it can bring the parliament to its senses and dominates over it. 4. Parliamentary government is also considered unsuitable for dealing with emergency. As all the decisions are taken by the Cabinet quite often the members of cabinet are not able to agree on a common course of action and their differences delay action. This is suicidal for the country. 5. Under parliamentary government the national interests are ignored. All the political parties are motivated by the considerations of capturing power and adopt all types of methods for this purpose. Once they come into power, they try to retain it by all means. No wonder when the interests of the party come in clash with national interests, the political parties are ready to sacrifice the national interests. A look at the merits and demerits of parliamentary system shows that most of its defects are merely theoretical. On the other hand, in actual practice, the system functions quite smoothly due to co-operation between the legislative and the 67 executive wings of the government. This system of government combines the twin advantages of accountability and stability and no wonder is gaining popular day-by- day. Summary The Parliamentary system of Government, which is also known as the Cabinet Government, is based on co-operation between the executive and the legislature. The executive is accountable to the legislature and stays in office only as long as it enjoys the confidence of the legislature. This type of government exists in England, India, Australia and New Zealand, etc. The parliamentary government has following basic features: nominal executive, the Prime Minister as the real executive, collective responsibility of the cabinet, principle of fusion of legislative and executive powers, responsibility of the cabinet to the legislature, political homogeneity and the sound and effective opposition. In accordance with above mentioned parliamentary system of government have certain distinct merits and demerits. Review Questions 1. Discuss the main characteristics of the parliamentary form of government and list its merits and demerits? 2. Examine the relationship between the Executive and the legislature in the context of a parliamentary cabinet system of government. 3. Why do you appreciate a Parliamentary Cabinet system as an important system of government? Recommended Reading Gilchrist, R.N., (1957), Principle of Political Science. Madras: Orient Longmans. Johari, J.C., (1994), Principle of Modern Political Science. New Delhi: Sterling Publications. Private Limited. Newton, Kenneth and Deth, Van. W. Jan., (2006), Foundations of Comparative Politics. New York: Cambridge University Press. Singh, S.B., (2005), Comparative Government and Politics. Delhi: King Books 68