- The parliamentary system refers to that form of government in which the executive and legislative branches of government are fused.
- In it, the executive is drawn from the legislature, remains responsible and accountable to it and may be dismissed by it.
- J. W. Gamer (1952) insists that parliamentary form of government “is that system in which the real executive- the cabinet or ministryis immediately and legally responsible to the legislature or one branch of it (usually the more popular chamber) for its political policies and acts…., while the titular or nominal executive- the chief of state- occupies a position of irresponsibility”.
- This form of government originated in Britain and has been adopted by number of countries such as India, Japan, Germany, Italy, Sweden, Canada, New Zealand, Israel, Australia etc.
- The Indian Constitution has adopted Parliamentary System of Constitution from Britain (UK).
- Articles 74 and 75 deal with the parliamentary system of government at the Union level and Articles 163 and 164 contain provisions with regard to the States.
The parliamentary system has its distinctive features that distinguish it from a presidential system. Its key features are:
(i) two executive heads
(ii) fusion of the executive and legislature
(iii) collective responsibility
(iv) leadership of the head of government and
(v) absence of fixed terms.
Two Executive Heads
- In parliamentary systems, there are two executive heads: head of state and head of government.
- The head of the state is a symbolic or figurehead representative of the state.
- His or her role is primarily non-political, formal, symbolic and ceremonial, with real power lying with the head of government.
- The head of a state can be either hereditary or elective.
- In the United Kingdom, Spain, Belgium, Denmark, Netherlands and Japan, the head of the state is constitutional monarch meaning that this position in these states passes by hereditary succession.
- On the other hand, in other states, such as India, Germany, Italy, Austria, Ireland and Israel, there is elected head of the state known as President (non-executive President).
👉🏽 The head of state enjoys and performs a wide range of ceremonial powers and functions, such as –
- appointing head of government and other ministers and officials,
- giving assent to legislation and treaties,
- representing his or her state in world affairs,
- awarding honours, and
- receiving ambassadors, high commissioners, heads of states and so on.
Owing to ceremonial nature of these powers and functions, the head of state is a mere non-partisan figurehead.
The head of government, on the other hand, is the political leader of government who serves as a real executive in a state.
- It is the head of the government that exercises decision-making and political responsibilities.
- The head of state is known as Prime Minister in India, Britain, Australia, Japan and most of the countries, as Chancellor in Germany and Austria, and as Minister-President in Netherlands.
Fusion of the Executive and Legislature
In parliamentary systems, there is no clear-cut separation of powers between the legislative and executive branches of government. On the contrary, there is a fusion of powers, that is, merger of the authority of the two organs of government.
The fusion of legislature and executive exists in parliamentary systems mainly in four forms.
Firstly
- Executive (the cabinet or council of ministers including the Prime Minister) is drawn from the legislature and remains accountable to it.
- A new government (the Prime Minister and his or her Cabinet) is formed only after it secures a vote of confidence from the legislature.
- The vote of confidence refers to a vote by a majority of the members of legislature expressing their support for the new Prime Minister and his or her cabinet.
- The executive cannot pass its legislative proposals without the support of the majority of the members of legislature.
- Moreover, the members of executive, particularly cabinet ministers, are responsible to the legislature. They are answerable to the members of legislature about the activities of their respective departments.
Secondly
- members of executive are also the members of legislature.
Thirdly
- legislature can remove the government from power before the completion of its term by passing a vote of no confidence, a vote by a majority of the legislature indicating its lack of confidence in the Prime Minister.
Fourthly
- the Prime Minister can dissolve legislature before the expiry of its term and call for new elections
Collective Responsibility
The principle of collective responsibility is another important feature of parliamentary systems. This principle denotes that Council of Ministers as whole must support all government decisions publicly as well as in the legislature.
It means that the Council of Ministers are equally responsible for all acts of the government, and therefore no member of the Council of Ministers may castigate actions of the government after a collective policy decision has been taken. Decisions made in the Cabinet are considered as collective decisions which have to be supported by all members.
A member of the Council of Ministers who cannot support government decisions in the legislature or in the public is expected to resign from the Council of Ministers.
This principle ensures unity and encourages balance and moderation within the Council of Ministers, the two essential conditions for the survival and efficiency and efficacy of Cabinet.
This principle becomes critical when there is a coalition government the Cabinet members of which belong to different political parties.
Moreover, the principle of collective responsibility contributes in arriving at a conclusion about what legislative proposals are to be formally introduced in legislature and thereby enabling the government to get these proposals passed with ease as the members of cabinet are themselves members of legislature and senior leaders of the majority party.
However, critics argue that principle of collective responsibility is basically a means of achieving the goal of disciplined party rather than encouraging balance and moderation.
Leadership of the Head of Government
- In parliamentary systems, the real power on a day-to-day basis resides with the Prime Ministers or Chancellors.
- As the leader of the Council of Ministers, the legislature and the majority party, the Prime Minister exercises a wide range of powers, making him or her the most powerful actor in the political system.
- It is on the advice of the Prime Minister that the titular head of the state appoints ministers and other important officials of the central government, allocates and reshuffles portfolios among the ministers, dismisses the minister, summons and prorogues the sessions of legislature, and dissolves the legislature (particularly the popular or lower house).
- Thus, it is the head of government who enjoys real power and governs in practice, not the head of state who simply acts as the titular head.
- According to Douglas Vemey (1966), “As chief executive, chief legislator and chief administrator, the Prime Minister is potentially a very powerful individual. Everything depends on the use which he chooses to make of his position, and the success with which he delegates some of his responsibilities”.
Absence of Fixed Terms
- In parliamentary systems, there is absence of fixed terms of office.
- The legislature (generally the lower house) can remove the government before the completion of its term via a vote of no confidence and the Prime Minister can dissolve legislature (generally the lower house) before the expiry of its term and call for new elections in order to take advantage of an electoral opportunity for his or her party.
- This feature is mainly found in the countries characterized by either coalition governments or single-party minority governments than in the countries where single-party majority governments are frequently found.
FORMATION OF GOVERNMENT IN PARLIAMENTARY SYSTEMS
- In parliamentary systems, executive or government consisting of Prime Minister and Council of Ministers or cabinet is not elected separately, but rather is formed on the basis of legislative elections.
- In most parliamentary states, elections for legislature are held after every four or five years. In India, for example, elections for the Lok Sabha (India’s lower house) seats are held after five years.
- After the legislative election, the newly elected representatives form a legislature as well become busy in forming the government (organizing the executive).
- If a single political party wins majority of legislative seats on its own, then the formation of government is straightforward.
- The head of state invites the leader of that majority party (a party that holds a majority of the seats in legislature) to serve as Prime Minister and form a government.
- The Prime Minister then constitutes his Council of Ministers or cabinet and allocates portfolios to his ministers who are appointed by head of state on his or her advice. The ministers, including the Prime Minister, must be the members of legislature.
- If no single party gains a majority of legislative seats on its own, there are two alternatives for the formation of government in parliamentary states; the head of state in both situations can use his or her discretion in appointing the Prime Minister.
- First, the head of state may recommend to the leader of party with most legislative seats to form a coalition government, a government in which two or more parties pool their legislative seats to secure together a legislative majority. The parties constituting the coalition jointly determine the head of government and cabinet positions.
- Second, the head of state may recommend to the leader of party with most legislative seats to form the minority government, the government which is formed by the single party without a clear majority of legislative seats. Sweden, Norway and Canada have the tradition of forming single-party minority governments.
- In parliamentary forms of government, the Prime Minister and his Council of ministers (government) are thus taken from the legislature.
- The government remains in power as long as it enjoys the support of legislature. If an incumbent government loses its majority in the legislature (generally in lower house), then it is removed via a vote of no confidence before the expiration of its term and elections are held to form a new government.
- In general, the coalition governments and single-party minority governments tend to be short-lived as the vote of no confidence is far more likely in these governments.