MAJOR POLITICAL SYSTEMS

(UK, USA, RUSSIA AND CHINA)

PAPER – II

2ND SEMESTER

Ms. Vishizonu Kulnu

&

Mr. Imtinungkum Ao

Department of Political Science

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 A note to the reader

I am greatly pleased to present this work titled, ‘Major Political Systems’ before its readers.
This piece of work is prepared in accordance with the North East Hill University (NEHU)
syllabus to cater the needs of the students (2nd Semester, Political Science Honours), and also
to provide a better understanding of the subject in a simple and unambiguous manner.

Keeping in mind the trend of examination papers, every unit contains important questions to
help the students prepare for their examinations. The last three years of university questions
are included at the end.

I owe a debt of gratitude to all the authors whose standard texts and literatures I have
referred, and consulted to incorporate each aspect that may prove helpful to the readers. My
special thanks to Miss Keren for her support and her efforts, without whom, it would have
never been possible to present this piece of work in this shape. Suggestions for improvement
shall be gratefully acknowledged.

Vishizonu Kulnu

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 SYLLABUS-2016

MAJOR POLITICAL SYSTEMS

(UK, USA, RUSSIA AND CHINA)

Unit – 1

Political system of UK

1.1. History of evolution of British political institutions

1.2. British Political System

1.2.1. Nature of the British Political System

1.2.2. Sources of the British Political System

1.2.3. British Constitution as the Child of Accident and Design

1.2.4. Salient Features of the British Constitution

1.3. Conventions of the British Constitution

1.3.1. Features/ Nature of Conventions

1.3.2. Difference between Convention and Law

1.3.3. Importance of Conventions

1.3.4. Role/ Scope of Conventions in the British Constitution

1.3.5. Why Conventions are obeyed? Or Sanctions behind Conventions

1.4. British Parliamentary Government

1.5. British Monarchy: The King and the Crown

1.5.1. Powers of the Crown

1.5.2. Role and position of the King/Queen

1.5.3. Three Rights being used by the king

1.5.4. Why monarchy is surviving in Britain? Or Justification for the continuance of British
monarchy

1.6. British real executive: The British Cabinet

1.6.1. Organisation of ministry

1.6.2. Powers and functions of the British cabinet

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1.6.3. Limitations on the powers of the cabinet

1.6.4. Prime Minister of Britain

1.6.4.1. Powers and functions of the British Prime Minister

1.6.4.2. Position of the British Prime Minister

1.7. British Civil Service/Bureaucracy

1.7.1. Organization of the British Civil Service

1.7.2. Recruitment to the Civil Service

1.7.3. Features of the British Civil Service

1.7.4. Functions of the British Civil Service

1.7.5. Role of the Civil Service

1.8. British Parliament

1.8.1. Sovereignty of the British Parliament

1.8.2. The British House of Lords

1.8.2.1. Powers and functions of the British House of Lords

1.8.2.2. Arguments in favour of House of Lords

1.8.3. The British House of Commons

1.8.3.1. Powers of the House of Commons

1.8.3.2. Speaker of the British House of Commons

1.8.3.3. Functions and Role of the Speaker

1.8.4. The committee system of the House of Commons

1.8.5. Procedure for passing Non-Money Bills or Ordinary Public Bills

1.8.6. Procedure for passing a Money Bill or the Budget

1.9. Rule of Law and British Judicial System

1.9.1. Meaning of Rule of Law (A.V. Dicey)

1.9.2. Salient features of the British Judiciary

1.9.3. Organisation of British Judiciary

1.9.4. Supreme Court of the United Kingdom

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1.10. British party system and pressure groups

1.10.1. Party system in Britain

1.10.2. Pressure Groups in Britain

Unit – 2

Political system of USA

2.1. Historical background

2.2. Ideological background

2.3. Salient features of American constitution

2.3. Power and function of American president

2.4. Composition, power and functions of the supreme court of USA

2.4.1. Original jurisdiction

2.4.2. Appellate jurisdiction

2.4.3. Judicial review

2.5. Composition, power and function s of USA congress

2.5.1 The House of Representative

2.5.2 The house of senate

2.6. Political party system of America

2.7. Political party system of America

2.8. Pressure groups

Unit – 3

Political system of Russia

3.1. Collapse of USSR and birth of Russia

3.2. Constitution of Russia

3.2.1. Salient features of the constitution of Russia

3.2.2. Fundamental principles of the constitution of Russia

3.3. Russian Bill of Rights

3.3.1. Features of Russian bill of rights

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3.3.2. Rights and liberties of man and citizens

3.3.3. Duties of man and citizens

3.4. Russian Federation

3.4.1. Features of federalism in Russia

3.5. President of Russia: Elected Head of State

3.5.1. Powers and functions of the Russian President

3.5.2. Position of the President of Russia

3.6. Government of Russia

3.6.1. Nature of Russian government

3.6.2. Powers and functions of Government of Russia

3.7. Russian Parliament: The Federal Assembly

3.7.1. The Federation Council

3.7.2. Powers and functions of the Federation Council

3.7.3. The State Duma

3.7.4. Jurisdiction, powers and functions of State Duma

3.7.5. Position of the State Duma

3.8. The Russian Judiciary

3.8.1. Features of Russian judiciary

3.8.2. The three separate apex level courts

3.9. Offices of the Prosecutor-General and other Prosecutors

3.10. Russian political parties and election system

Unit – 4

Political system of China

4.1. Ideological basis of the Chinese constitution

4.2. Salient features of the Chinese constitution

4.3. Chinese executive

4.3.1. The president of PRC

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4.3.2. The state council

4.3.3. The premier of china

4.4. Chinese parliament

4.4.1. The national people’s congress of the people’s republic of china

4.4.2. The standing committee of the national people’s congress

4.5. Chinese party system

4.5.1. The communist party of china

4.5.2. Role of communist party

4.6. Chinese judiciary system

4.6.1. People’s courts, Procuratorate and public security

4.6.2. People’s Courts

4.6.3. The supreme people’s court; the supreme people’s court

4.6.4. The Intermediate People’s Courts

4.6.5. The Basic People’s Courts

4.6.6. The Special Courts

4.6.7. People’s Procuratorate

4.6.8. The Supreme People’s Procuratorate

4.6.9. The local people’s Procuratorate

4.7. Chinese bill of right

4.7.1 Fundamental right and duties

Unit – 5

Women and the Political process

5.1. Gender inequality in society

5.2. Low women participation in political process

5.3. Women in the political system of UK

5.4. Women in the political system of USA

5.5. Women in the political system of Russia

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5.6. Women in the political system of China

5.7. Factors of low level of women participation in political process

5.8. Some suggestion of increasing and enhancing the role of women in political process

Question Bank
&
Model Answers

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 UNIT- 1

BRITISH POLITICAL SYSTEM

Introduction:
Great Britain has a very long and continuously developing history of evolution. All its major
political institutions have a long history of gradual evolution. The Parliament, Sovereignty of
Parliament, Bicameralism, Constitutional Monarchy, Cabinet, Cabinet system, Bi-party system, the
office of Prime Minister, Privy Council, the Courts and almost all other institutions have been the
result of gradual, slow and continuous evolution. Right from the earliest Anglo-Saxon period to the
present, the constitutional development has been taking place in a peaceful and orderly way.
Almost all political institutions originated in times very ancient, yet these continue to live and
operate even today. These continue to work through a large number of political traditions.

I.1. HISTORY OF EVOLUTION OF BRITISH POLITICAL INSTITUTIONS

I. Origin and Evolution of Monarchy: Monarchy, the oldest political institution of England,
had its birth during the Anglo-Saxon period (600 AD to 1066). The Anglo-Saxon monarchy was
absolute but not despotic. The King used to exercise all the powers with the advice of a Council
known as the Witangemoot or the Council of the Wise. Kingship was hereditary as well as elective.
After the death of the King, the throne used to pass over to one of his sons, not necessarily the
eldest son. The Witangemoot used to choose the new King out of all the sons of the King. The King
exercised all the powers but Witangemoot could influence his decisions. During this period
England had an organised and effective system of local government.
In 1066, King William of Normandy conquered England and became the owner of all land,
persons and places. Under his rule, monarchy became strong and absolute. However, this strong
monarchy was transformed into a despotic monarchy by the two successor Kings and annoyed the
barons. Therefore, the barons drafted a document called the Magna Carta, and made the king to
sign it.

The Magna Carta, June 15, 1215

Magna Carta was the first historic charter which placed some limitations upon the exercise of
powers by the King. It consisted of 63 clauses. It laid the foundations for the emergence of a limited
monarchy in England. Its main significant provisions are
a. The King cannot levy a tax without common consent.
b. The King cannot deny or delay the grant of justice to his people.
c. The King cannot sell justice.
d. The King was also bound by certain rules (the provisions of Magna Carta)
From 1215 to 1339, monarchy continued to be a strong institution. However, from 1339 to
1485, monarchy worked as a weak institution due to the personal weaknesses of several Kings.
During this period, England experienced the War of Roses (1471-85) which was a sort of civil war.
The civil war led to the emergence of the rule of the Tudor Kings (1485-1603) who established a
strong centralised and efficient government in England. But, this strong centralised and efficient
monarchy was converted into an arbitrary system of governance by King James I and King Charles
I (1603-1649). Due to this reason monarchy was abolished in the country for eleven years (1649-

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60). However, in 1660, monarchy was restored but with no power. By the end of the 18 th century,
the tradition of having a constitutional and limited monarchy as head of the state, had been firmly
established. This tradition continues to be respected and followed till today. The monarch now
reigns but does not rule. All his powers are exercised by the Prime Minister and the Cabinet.
II. Origin and Evolution of the British Parliament
The first Parliament-the Model Parliament was established in 1295 by King Edward 1. He
summoned as many as 572 representatives, representing the Barons (Nobles), Bishops (Clergy) and
Commonality, to the meeting of the Great Council, which came to be called the Parliament.
The Parliament was a common meeting place for the three groups of representatives of the
Barons, the Clergy and the Commonality. The King used to address them in a joint meeting.
Thereafter, the representatives sit in three separate groups to hold discussions. Once the discussions
are done, they used to meet jointly for giving their advice to the King. However, in the 14th
century, the barons got divided into two groups- the higher barons and lower barons. The higher
barons joined hands with the clergy and formed the House of Lords. The lower barons joined hands
with the commonality and formed the House of Commons. In this way, the British Parliament
became a bicameral body. By the end of the 14th century a bi-cameral parliament was well
established, discharging the functions of law-making, granting of finances and advising the
monarch. In the year 1688 the Parliament established its supremacy and Monarchy came to be a
constitutional monarchy. Till the present day, British Parliament continues to be a sovereign
bicameral legislature with the House of Lords as the upper and weak house, and the House of
Commons as the lower house and the real custodian of the powers of the British Parliament. It is
the oldest parliament in the world and has been described as the ‘mother parliament’.

III. Origin and Evolution of the Cabinet

In 1066, the formation of the Great Council took place under King William of Normandy.
This Great Council performed the duty of advising and helping the Norman King. However, the
Great Council could not perform this work efficiently as it normally met only thrice a year.
Therefore, a special group, consisting of high officers of the state, emerged. This group came to be
known as the Permanent Council. However, this Council also became too large to develop intimate
relations with the King. In the reign of Henry VI (1422-61), the Permanent Council was replaced by
another inner circle of councillors, called the Privy Council. The Privy Council assumed the status
of the chief executive body and started playing an important role in the performance of executive
and judicial functions of the state. Under the Tudors, this Council became very powerful.
Unfortunately, the powerful Council could not survive under the Stuarts in 1603 as it was kept
under check. This ultimately led to the decline and fall of the Privy Council. Later, the Restoration
of 1660 created the necessity for the existence of an agency which could serve as a link between the
King and the Parliament. In order to manage the affairs of the state effectively, King Charles II
started the practice of depending upon the advice of a small group of Privy Councillors, who were
quite ‘influential with the Parliament’. This he had to do because he found it impossible to consult
the whole of the Privy Council.

The Birth of the CABAL

King Charles II therefore began consulting only a small group of Councillors rather than the
whole of the Privy Council. This group came to be known as the Cabinet or CABAL. It is known as

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the Cabinet because it met in the King’s closet, and the latter, because it involved the initials of the
men comprising it--Clifford, Arlington, Buckingham, Ashley and Lauderdale. The CABAL was the
fore runner of the Cabinet. Its members were selected by the King and they were linked to the King
rather than to each other. They were called together by the King for private consultation and advice.
The King was not bound to accept its view point. Moreover, it did not constitute a permanent body
of King’s advisers. Due to these reasons, CABAL failed to be popular.
However, the Glorious Revolution of 1688 paved the way for the final emergence of the
Cabinet. The Cabinet emerged as the link between the parliament and the monarch. The revolution
settlement created a constitutional monarchy which was to run the administration according to the
wishes of the Parliament. Though the Parliament had limited the powers of the King, it was in itself
incapable of exercising these powers. Thus, a gap existed, and to fill this gap, the Cabinet appeared
on the scene as a link between the King and the Parliament.

IV. Origin and Development of the Cabinet System

The origin and development of the Cabinet System took place in the 18th century under the
first two Hanoverian Kings, George I and George II. At the beginning of his reign, George I
appointed a Cabinet of fifteen ministers. Initially, he attended its meetings, but after 1717 his
appearances became rare. Lack of knowledge of English language, old age of the King, lack of
knowledge of the British way of life and a deep interest in the affairs of his home in Hanover, were
the factors which made him to stop attending the meetings of the Cabinet. This provided an
opportunity to Mr. Robert Walpole, a minister and a man of a very sound personality to preside
over the meetings of the cabinet. This chance gave rise to the origin of the office of the Prime
Minister.
Under Walpole’s leadership the cabinet system began developing as a system of responsible
executive, working as a team and remaining responsive and responsible to the wishes of the House
of Commons. In the absence of the King, Walpole started : (i) presiding over the meetings of the
Cabinet, (ii) controlling the policy, (iii) ensuring unity of action, (iv) enforcing the responsibility of
other ministers to himself, and finally (v) making the Cabinet responsible to public opinion as
reflected by the House of Commons. King George II, who succeeded King George I, also fully
depended upon Robert Walpole.
By the end of the 19th century, the Cabinet System had developed fully and assumed a
position of strength and prestige in the British constitutional system. It took its final shape and
came to be characterised as the key-stone of the constitution. The Cabinet came to be the core of
the British constitutional system. It became the supreme directing authority.
V. Origin and Development of the Office of the Prime Minister
The office of the Prime Minister came into existence during the reign of George I, who was a
German. He ascended the British throne in 1714 under the provisions of the Act of Settlement
(1701). Being a foreigner, he had no knowledge of English language and this made it very difficult
for him to have any conversation with his ministers, who did not have any knowledge of German
language. He did not have any interest in British affairs. He was satisfied of becoming the king but
not prepared to run the administration of his new kingdom. He was more interested in the affairs of
Hanover and of the neighbouring German states. Therefore, George I willingly decided not to
attend the meetings of the Cabinet. In his absence, someone was to preside over the meetings.
Robert Walpole took over the charge, and started controlling the policy and ensuring unity of

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action. He enforced the responsibility of other ministers to himself. In 1727, George II succeeded
George I and took over as the King of England. He too was not in a position to do away with the
increasing influence of Robert Walpole, but to fully depend upon him. Thus, Walpole became the
first Prime Minister of England.
Walpole continued in office for about twenty two years. He established the basic principles of
the Cabinet System in England, such as the common responsibility of the ministers and the
superiority of the Prime Minister, both in the Cabinet as well as in the House. He established the
cardinal principle of the Cabinet i.e. it remains in office so long as it enjoys the confidence of the
House of Commons. In 1742, when his government got defeated in the House of Commons, he
resigned the office along with his colleagues.
The office of the Prime Minister got statutory recognition by the Ministers of the Crown Act
1937. But the powers of the Prime Minister were nowhere defined. Till today the powers and
position of the British Prime Minister continue to rest on conventions. The Prime Minister is the
real executive head of the British Government, but still without a constitutional recognition of his
powers.
Conclusion: The above account of the history of constitutional development of Great Britain brings
out the fact that the British Constitution has been the result of a slow and gradual evolution. All its
major political institutions and processes have been the result of an evolutionary process which
began in the Anglo-Saxon period and continues to be alive even today. Great Britain is still ruled by
a constitution which reflects the active and powerful presence of several political traditions. Great
Britain has a rich legacy of several glorious political traditions.

I.2. BRITISH POLITICAL SYSTEM

British Constitution is described as the “Mother Constitution”. It is the oldest and the most
influential constitution of the world. It has played an important role in the development of political
theory and political institutions. Almost all democratic constitutions of the world bear an influence
of the British Constitution.

I.2.1. Nature of British Constitution

Is there a Constitution of the UK?
British Constitution has never been formally made. It has been a result of gradual evolution. It
is still unwritten yet, it is a well-functioning constitution.
A. Britain has no Constitution
Political thinkers like Alexis De Tocqueville, Edmund Burke and Thomas Paine do not accept
the existence of the British Constitution because of its unwritten character. Alexis De Tocqueville
categorically states, “In England the constitution—there is no such thing”. Thomas Paine also
observes, “Where a constitution cannot be produced in a visible form, there is none”. In support of
their view they advanced three arguments. They are
1. A Constitution has to be essentially a Written Constitution. De Tocqueville, Edmund Burke
and Thomas Paine strongly stated that a constitution has to be a written constitution and it should
be available in the form of a book. Since the British constitution is not available in a written form,
its existence cannot be accepted.
2. Special Procedure of Amendment is an essential condition. The thinkers believed that a
special procedure for amending the constitution is essential. In the absence of this, there is no

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difference between constitutional law and ordinary law. Since there is no special method of
amendment of the constitution of Britain, the existence of British constitution cannot be accepted.
3. A Constitution has to be an Enacted Constitution. Finally, De Tocqueville and Paine
advocate the view that a constitution has to be an enacted constitution. It should be enacted by the
people or by their elected representatives. Since British constitution has neither been made by a
constituent assembly nor has it ever been got approved by the people, they do not accept the
existence of the British Constitution.
On the basis of these three arguments, De Tocqueville and Thomas Paine advocate the view
that Britain has no constitution.

B. Britain has a Constitution

A large number of political scientists, however, do not support the views of Tocqueville and
Paine. They not only accept the existence of the British Constitution, but also praise it as the most
successful democratic constitution in the world. The supporters of this view advanced several
arguments.
1. A Constitution can be Written or Unwritten. A constitution means the body of laws, both
written and unwritten, which regulate the organisation and working of the government of the state.
Britain has a well-defined and developed body of such constitutional laws and rules, and hence it
has a constitution.
2. Parts of the British Constitution are available in a written form. It is wrong to say that the
British Constitution is totally unwritten. Several of its parts are available in writing. For example,
the Magna Carta 1215, the Petition of Right 1628, the Bill of Rights 1689, the Act of Settlement
1701, the Reforms Acts 1832, 1869 and some others, are the written parts of the British
Constitution.
3. The existence of a special procedure for amending the constitution is not an essential
condition. The constitution of a state can be rigid or flexible. A flexible constitution is one which
can be easily amended because the procedure of amendment is not difficult. It can be amended
through the procedure of passing laws. British Constitution is a flexible constitution. It can be
amended by a simple and easy process.
4. Enactment by an assembly or legislature is not an absolute condition. It is not essential for
a constitution to be made and enacted by a constituent assembly or to be adopted by the people at
large. A constitution can be an evolutionary constitution like the British Constitution. It has been a
natural product of the efforts put in by the people. No constitution of the world, not even the
democratic constitutions of the USA, India, France, Japan and several others are really and
popularly enacted constitutions.
5. Each Constitution has both Written and Unwritten Parts. The constitution of a state always
consists of written parts which in their operation are supplemented by unwritten parts - the
conventions. The only real difference between the British constitution (Unwritten) and the other
constitutions (Written) is only of degree and not of kind. In the British constitution, the written part
is less and the unwritten part is more whereas, in the latter case, the written part far outweighs the
unwritten part.
6. A Practical Argument. Another formidable argument in favour of the existence of the British
Constitution can be given as the systematic, continuous and successful working of British political

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institutions. In May 2010, the people of Britain successfully and systematically organised their new
government, a Conservative Party- Liberal Democratic Party coalition government. Had there been
no constitution of the UK, it would not have been possible for the British people to systematically
and successfully organise and work their government.
7. Several standard works on the British Constitution. There are several standard books
written by scholars and jurists of eminence which furnish an authoritative account and
interpretation of the Constitutional Law of England.
8. Constitution means Constitutional Law. The term Constitution really means the body of the
constitutional law of the state and not the book in which it is written. Britain has a definite and
well-defined system of constitutional law. As such, it has a constitution, though it is not written in
the form of a book.
All these arguments clearly established the fact that Britain has a constitution. The views of
De Tocqueville and Paine are narrow and negative. These cannot be accepted. The British
Constitution is a partly written and a mostly unwritten and evolutionary constitution. It is, as L.A.S.
Amery says, “a unique blend of formal law, precedent and tradition.” It has been a constitution
drawn from several sources.
I.2.2. ELEMENTS/SOURCES OF THE BRITISH CONSTITUTION
The British Constitution is an unwritten and evolutionary constitution. It has been the product
of a gradual evolution. In its development, several factors/sources have played their parts. It has
been a constitution drawn from several sources.
1. The Great Charters. The Great Charters are also called ‘great constitutional landmarks’ or the
‘historic documents’. The Great Charters have been given these names because they have exerted a
very powerful influence on all the fundamental aspects of the British Constitution. Magna Carta
(1215), Petition of Right (1628) and Bill of Rights (1689) are three great charters. These have
provided solid foundations to the British Constitution as a democratic constitution with
constitutional monarchy. The first and the greatest of these has been the Magna Carta, signed in
1215 by King John. Magna Carta laid down several fundamental laws of the land and provided for
such benign principles as ‘taxation only by the representatives of the people,’ ‘To none shall the
justice be sold, delayed and denied’ etc. It constitutes the keystone of the liberty of the people of
England. The Petition of Right (1628) granted by King Charles I, provided against arbitrary
taxation, arbitrary arrests and imprisonment, imposition of Martial law during peace time, and other
abuses of power by the King. The Bill of Rights (1689) affirmed the supremacy of the British
Parliament and firmly laid down the foundations of a constitutional monarchy in Britain. It was a
statute passed by the British Parliament but because of its high importance, it is regarded as a great
constitutional landmark and a great charter.
2. Statutes (Acts) of the British Parliament. The British Parliament has passed several statutes
which have regulated the organisation and working of British political institutions. Several of such
statutes have been the sources of the British Constitution:
a. Habeas Corpus Act 1679.
b. The Septennial Act of 1716.
c. Reforms Acts of 1832, 1867, 1884, 1918 & 1928.
d. The Municipal Corporation Act 1835.
e. The Local Government Acts of 1888, 1894, 1929 and 1933.
f. The Judicature Acts of 1873 and 1876.
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 g. The Statute of Westminster 1931.
h. The Parliament Acts 1911 and 1949.
i. The Abdication Act 1936.
j. The Ministers of the Crown Act 1937.
k. The Representation of the People Acts of 1918 and 1969.
l. Life Peerage Acts 1958 and 1963
m. The Peerage Disclaimer Act 1963.
n. The House of Lords Act 1999.
o. Constitutional Reform Act 2005.
British Parliament has the sovereign power to amend any and every part of the British
Constitution by passing an ordinary Law/Statute.
3. Common Law. Common Law is a body of legal rules which eventually gained recognition
throughout the realm. Common Law has defined a number of important rules and principles
relating to the power of the government and its relationship with the people. Despite being
customary in origin, Common Law is fully backed by the legal force of the courts. In the British
Constitution, the rights and liberties of the people rest mostly upon common law.
4. Conventions of the Constitution. Conventions consist of understandings, habits and practices
which though rules of political morality, regulate a large portion of the actual day- to-day relations
and activities of even the most important of the public authorities. These play a key role in the
evolution and working of an unwritten and evolutionary constitution. Conventions determine and
regulate the actual working of the constitution. The British Cabinet system rests almost entirely
upon conventions. In fact, the actual relations between the King and the Cabinet and between the
King and the Parliament are fully regulated by conventions. British cabinet system has been a child
of conventions.
5. Judicial Decisions. The interpretation of the Charters and Statutes is always done by the
courts. Judicial decisions always determine the meaning and scope of formal ‘laws’ of the
constitution. Several judicial decisions of the British courts have established several rights of the
people. Some of such important judicial decisions were given in such cases as Shirley Vs Fagg,
Skinner Vs East India Company, Ashby Vs White, Stockdale Vs Hansard, Wise Vs Dunning,
Beatsy Vs Gilbank, Entick Vs Carrington and others. In the Bushells Case 1670, the court through
its decision firmly guaranteed the independence of Juries.
6. Laws and Customs of the Parliament. The two houses of the British Parliament have defined
the privileges and freedoms enjoyed by their members. To protect these privileges and freedoms of
the members, the Parliament has made and enforced several rules and regulations. The rules of
procedure according to which the Parliament conducts its business also form a part of the British
Constitution.
7. Scientific Commentaries/Works of the Jurists. The works of several well-known jurists,
which involve commentaries on the constitutional law of England also, have helped the process of
evolution and clarification of the British Constitutional system. Some of the well-known scientific
commentaries are: (a) Blackstone’s, Commentaries on the English Constitution (b) Dicey’s Law
and the Constitution, (c) Peter May’s Parliamentary Practice, (d) Anson’s Law and Customs of the
Constitution, (e) Bagehot’s English Constitution, and (f) Jenning’s Cabinet Government.

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 From the above, we find that several sources have contributed to the evolution of the British
Constitution. It has been a constitution drawn from several sources. It is still changing and
evolving.

I.2.3. BRITISH CONSTITUTION AS THE CHILD OF ACCIDENT AND DESIGN

The British Constitution has been the result of “growth” and not a “make”. British political
institutions have been mostly evolved and not man-made institutions. It brings out the fact that the
path of evolution has been determined by both accidents and design. As Munro has observed, “It is
not a complete thing, but a process of growth. It is a child of wisdom and of chance, whose course
has been sometimes guided by accidents and sometimes by high design”.
A. British Constitution: The Child of Accidents
Three fundamental features of the British Constitution came into existence as a result of a series of
accidents. They are:
1. Origin and Development of the Cabinet System. The origin of the Cabinet and the Cabinet
system in England took place as a result of some accidental developments. King Charles II used to
depend upon the advice of five councilors—Clifford, Arlington, Buckingham, Ashley and
Lauderdale. These five councilors together came to be known as CABAL—a convenient term
consisting of the five initial letters of their names. The King began depending on CABAL for
advice. Gradually, the CABAL got the name Cabinet—a body of ministers.
The origin and development of the Cabinet System in the 18th century took place
accidentally. Under the provisions of the Act of Settlement (1701), George I ascended the British
throne in 1714. He was a foreigner (German) and had neither any knowledge of English language
nor any interest in British affairs. He became the King of England just by chance. He was very
satisfied in becoming the King but was not interested, and not prepared to run the administration of
his new kingdom. He could neither understand nor tried to understand the deliberations of the
Cabinet. He, therefore, stopped attending the meetings of the Cabinet. This provided an opportunity
to Mr. Robert Walpole (a minister) to preside over the meetings of the Cabinet and thus, gave rise
to the origin of the office of the Prime Minister. Walpole came to be recognised as the first Prime
Minister of England and the Cabinet System started developing as a part of the British
Constitutional System. The next King, George II, who continued to rule England up to 1760, also
lacked interest in the affairs of the country he ruled. He was very satisfied with the way in which
the Cabinet was working under Robert Walpole. He also decided to abstain from the meetings of
the Cabinet and to depend upon Walpole for getting all information about the decisions of the
Cabinet. His reign provided an ideal opportunity for the rapid development of the Cabinet System.
This account clearly establishes the accidental origin and development of the Cabinet and the
Cabinet System in the British Constitution.
2. Accidental Origin of Bicameralism. The origin of bicameral Parliament has also been the
result of accidental growth. Until the end of the 13th century, the British Parliament was a
unicameral body. In the Model Parliament of 1295, the three estates—Nobility, Clergy and
Commonality—were given representation but the representatives used to meet in a single house to
listen to the King and give him their advice on law-making. The system was that after listening to
the King’s speech, the representatives of these three classes would sit in three different rooms for
deliberations and then combine together in a single room to give their collective advice to the King.
If this practice had continued, the British Parliament would have become a tri-cameral legislature.

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An accident of history, however, made the British Parliament bicameral. On some issue, the nobles
got divided into two groups- the higher nobility and the lower nobility. The higher nobility joined
hands with the clergy and formed the House of Lords. The lower nobility joined hands with the
commonality and formed the House of Commons. By the end of the 14th century, the British
Parliament began working as a bicameral body, with the House of Lords as the upper house and the
House of Commons as the lower house.
3. Accidental Origin of the Bi-party System. Bi-party system too had an accidental origin. The
emergence of the Whig and Tory groups in the Parliament came as a natural result of the conditions
created by the Glorious Revolution (1688). Later on in the 19th century, the issue of democratic
reforms dominated the British society. The Whigs supported the reforms and came to be known as
Liberals (Liberal party). The Tories opposed the radical reforms and came to be known as the
Conservatives (Conservative party). Throughout the 19th century, the Liberal Party and the
Conservative Party continued to compete for power. In 1899, Labour Party took its birth. In the first
two decades of the 20th century, the British political system came to be characterised by three
political parties— the Liberal Party, the Conservative Party and the Labour Party. However, again
by chance, the Labour Party gained popular support and political footage, and the Liberal party lost
its support base. By 1945, Labour Party emerged as the ruling party, with the Conservative Party as
the opposition party. The Liberal Party now known as Liberal Democratic Party got reduced to a
very minor role in British politics. Once again, the British political system is characterised by a
two-party system.

B. British Constitution : The Results of Wisdom/Design

Many other features of the constitutional system have resulted from conscious designs which
are made and implemented by the British people. They have been designing, modifying, changing
and amending their institutions through several deliberately adopted laws. The following measures
can be legitimately described as the products of wisdom and design of the British people:
1. Magna Carta (1215). This great charter was signed on 15th June 1215 by King John. It defined
the organisation and powers of the Great Council of England and provided for certain
fundamental principles like “except for certain fees, no tax can be levied without the consent of
the Great Council”, and “to none shall sell justice and to none shall justice be delayed or
denied.”
2. Petition of Right (1628). It was a petition prepared by the people and granted by King Charles
I. It prohibited arbitrary arrests and arbitrary taxation. It lay down that no person can be
compelled to pay any loan, gift or tax without the previous sanction of the Parliament.
3. Habeas Corpus Act 1679. This Act was passed by the Parliament for checking illegal
detentions and arrests of the citizens.
4. Bill of Rights (1689). It recognised the supremacy of the Parliament in the sphere of law-
making and laid the foundations for the development of constitutional monarchy in England. It
also recognised several rights of the British people.
5. Act of Settlement (1701). It settled the issue of succession to the throne and declared that the
nation cannot go to war without the consent of the Parliament.
6. Act of Union with Scotland (1707). It provided for the union of Scotland with England and led
to the formation of the United Kingdom of Great Britain.
7. Septennial Act (1716). It provided for seven year tenure of the British Parliament.

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8. Judicature Acts 1873 and 1876
9. Reform Acts 1832, 1867, 1884, 1918 and 1928. These acts transformed Britain from an
Aristocracy to a Democracy.
10. Local Government Acts 1888 (established county councils and county borough councils in
England and Wales), 1894 (reformed local government in England and Wales outside the
County of London), 1929 (made changes to the poor law and local government in England) and
1933 (consolidated and revised existing legislation that regulated local government in England
and Wales)
11. Parliament Acts 1911 and 1949. The tenure of the Parliament was fixed to 5 years. Powers of
the House of Lords were reduced.
12. Statute of Westminster 1931. This Act increased the sovereignty of the self-governing
dominions of the British Empire from the UK.
13. Ministers of the Crown Act 1937. This Act set salaries for members of the government and
opposition.
14. Indian Independence Act 1947. Partitioned British India into two new independent dominions
of India and Pakistan.
15. Life Peerage Act 1958 and 1963. To make provision for the creation of life peerages carrying
the right to sit and vote in the House of Lords.
16. Peerage Act 1963. Enabled hereditary peers to renounce their titles for life if they wished.
17. People’s Representation Acts, 1918 (granted the vote to all men over the age of 21 and all
women over the age of 30) and 1969 (reduced the voting age from 21 to 18)
18. The House of Lords Act 1999. Restrict membership of the House of Lords by virtue of a
hereditary peerage to make related provision about disqualifications for voting.
19. Constitutional Reform Act 2005. Reformed the office of the Lord Chancellor, created and set
the framework for the UK Supreme Court and regulates the appointment of judges.
The above analysis clearly shows that both accidents and designs have played a role in the
evolution of the British Constitution. Writing in 1884, Freeman described British Constitution as
the creation of “Chance and Wisdom”. Starchey also observed, ‘British Constitution is the child of
wisdom and chance”.

I.2.4. SALIENT FEATURES OF THE BRITISH CONSTITUTION

The British Constitution is a unique constitution. Munro describes it as the ‘Mother of all
Constitutions of the world’.
The salient features of the British Constitution can be discussed as follows:
1. Unwritten Constitution. The British Constitution is an unwritten constitution. It has never
been made and codified in the form of a book. No constituent assembly has made it, and it has
never been formally adopted by the British. Yet, it has been successfully operating and served well
the British interests and needs. However, the unwritten character of the British Constitution does
not mean that it is totally unwritten. Some of its very important parts, like the Magna Carta, the
Petition of Right, the Bill of Rights and many other statutes of the British Parliament are available
in written form.
2. Oldest and Evolved Constitution. The British Constitution is the oldest and an evolved
constitution. It has been a product of a gradual and steady evolution. The process began in the
Anglo- Saxon period and still continues. The British Constitution is like a stream continuously

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flowing, changing its course, always incorporating new streams, always allowing new canals and
yet remaining the same. It has been always growing to meet the necessities of the people. It has
changed with the times and yet remained the same.
3. Child of Accident and Design. In the evolution of the British Constitution, two factors: (i)
Accident and (ii) Design—have indeed played a very important role. The origin and development
of the Cabinet and Cabinet System was possible because of a series of accidents. The emergence of
CABAL, the problem of succession in 1701, the succession to the throne of a German George I, his
successor George II’s unwillingness to participate in Cabinet meetings, and the presence of a man
like Robert Walpole in the Cabinet, all combined to secure the development of the Cabinet System
in England. Likewise, the birth of bicameralism of the British Parliament and the origin of a two
party system, both have been the products of accidents. However, several other features of the
Constitution came into existence as a result of well thought out and enacted measures like the
Reforms Acts, the Parliament Acts, the People’s Representation Acts, Constitutional Reform Act
2005 and several others. Analyzing the role of accident and design in the evolution of the British
Constitution, several constitutional pundits describe it as “the child of wisdom and chance whose
course has sometimes been guided by accident and sometimes by high design.”
4. Unitary Constitution. Britain is a unitary state. All powers are in the hands of the single
central government. The laws made by the British Parliament apply to all the people and places. All
the local governments derived their powers from the central government and are under it. They
enjoy a large measure of autonomy within the parameters prescribed by the central government.
5. Very Flexible Constitution. The British Constitution is a very flexible constitution. It is
indeed the most flexible constitution in the world. It can be partially or wholly amended by an
ordinary law passed by the British Parliament. There is no distinction between a constitutional law
and an ordinary law. Both can be passed by the British Parliament. The British Parliament can pass
a law by a simple majority, and bring in any amendment in the British Constitution.
6. Hereditary and Constitutional Monarchy. Hereditary monarchy continues to be present till
today. The King/Queen continues to be the head of the state in Britain. Succession to the throne
passes from the father to the eldest son, and if he has no son, to his eldest daughter. Since 1952,
Queen Elizabeth II has been the Head of the State and after her, the throne is to go to the Prince of
Wales—Prince Charles. There is, however, a proposal to change the succession law with a view to
enable the first child male or female of the ruling Queen/King to be placed on the top of the line of
succession.
The British Monarch is now only a constitutional head. He reigns but does not rule. The real
powers are in the hands of the Prime Minister and the Cabinet. The monarch always acts upon the
advice of his ministers. He can do no wrong because all his decisions are not his decisions. These
are the acts of the ministers done in his name. The ministers are responsible for all the acts of the
King. The Parliament is the sovereign law-making body, but it passes all laws in the name of the
King. Thus, Britain has a hereditary and constitutional monarchy.
7. Parliamentary Government. Parliamentary form of government had its origin and
development in Britain. The salient features of the British parliamentary system are: (i) British
King is the nominal and constitutional head of the state; (ii) the real executive powers are in the
hands of the British Cabinet headed by the Prime Minister; (iii) there is a close relationship between
the executive and the Parliament as the ministers are members of the Parliament. No one can
remain a minister without becoming a member of either the House of Commons or the House of

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Lords; (iv) the ministers are individually responsible before the Parliament (the House of
Commons) for the working of their respective departments; (v) for all its policies, the ministry is
collectively responsible before the Parliament (the House of Commons); (vi) the ministry remains
in office only so long as it enjoys the confidence of the majority in the House of Commons; (vii)
the House of Commons can remove the ministry by passing a vote of no confidence or by rejecting
any of its policies; (viii) the Cabinet can get the Parliament (House of Commons) dissolved and
seek a fresh mandate from the people; and (ix) the Prime Minister of England is the real and
effective center of power in the British Constitution. All these features gave Britain a parliamentary
form of government. It is also known as Westminster model.
8. Liberal Democratic Political System. Britain has a liberal democratic political system. The
struggle for power is open. All citizens of 18 years or above have the right to vote and if more than
21 years, the right to contest elections. Political parties directly and freely participate in the struggle
for power. Political power is shared by the people through their political parties. A well-organised
system of parties and pressure groups remains actively involved in the struggle for power. The right
to vote, to contest elections, to criticize the government, to free expression of public opinion, to
form and work political associations, and orderly transfer of power from one political party to the
other are its hall-marks.
9. Sovereignty of the British Parliament. The British Parliament is a sovereign parliament. It
has the power to make any law on any subject for all the people and places of Britain. Laws passed
by the Parliament cannot be rejected or set aside by the King or the courts. The King’s veto has
become obsolete and the courts have no power to determine the validity of parliamentary statutes.
The laws made by the British Parliament (statutes) can be changed or terminated only by the
Parliament itself. British Constitution can be amended only by the British Parliament and that too
by a simple majority. It is both a legislature and a constituent assembly rolled into one. It has the
final power to make laws and to change the British Constitution at will. Legally, there are no
limitations upon the Parliament’s law-making and constituent powers.
10. Bicameral Parliament. British Parliament is a bicameral parliament, consisting of two houses-
the House of Lords and the House of Commons. The House of Lords is the upper house. It has a
hereditary, nominated, permanent and class character. It now consists of around 800 members. It is
a permanent house which has never been, and which can never be dissolved. It is almost a
powerless house—a house which performs mostly revising and delaying functions.
The House of Commons is the lower, democratic, representative, national and powerful house. It
consists of 650 members. It is a directly elected house of the people of Great Britain with a term of
5 years. It enjoys vast legislative, financial and executive powers.
11. Supreme Court of the UK. The Supreme Court of the United Kingdom came into existence
on 1st October 2009. The Supreme Court of the UK consists of 12 Judges (One President, One
Vice-President and 10 other Judges). The Judges are appointed by the British Monarch acting on
the advice of the Prime Minister of England. It acts as the Supreme Court of appeals for England
and Wales, Northern Ireland and Scotland. It performs all the judicial functions which used to be
previously performed by the British House of Lords.
12. Bi-Party System. Another feature of the British system of government is the bi-party system.
The Conservative Party and the Liberal Party emerged naturally in the country. The two remained
as major contenders of power for 250 years. In the 20th century, the Labour Party emerged on the
scene and for about 25 years, Britain lived with a three party system. However, with the passage of

20
time, the Labour Party began becoming more and more popular and powerful, and correspondingly
the Liberal Party began suffering a decline. In 1945, the Labour Party formed its first government
in Britain. Thereafter the two main contenders for political power came to be the Labour Party and
the Conservative Party. The Liberal Party got reduced to be a relatively small actor. The position
continues to be the same till today. With this, Britain, once again became a two party system with
the Conservative Party and the Labour Party as the two key political parties.
13. Coalition Politics and Government. The May 2010 general election in UK resulted into the
birth of a Hung House of Commons in which no party got a clear majority. The Conservative Party
got 305 seats, the Labour Party 258, the Liberal Democratic Party 57 seats of the House of
Commons. Other seats (30) were bagged by several other parties. As such no party was in a
position to singlehandedly form the government. This gave rise to the formation of a coalition
government by the Conservatives and the Liberal Democrats. Thus, Britain came to live in the era
of coalition government and politics. It was a new development in British politics of 21st century.
14. Her Majesty’s Opposition: Organised Opposition. Bi-party system has made it possible for
Britain to continuously have an organised opposition. In the elections, the majority party becomes
the ruling party, while the other, which gets a minority of seats, assumes the role of the opposition.
The opposition party becomes Her (Queen) majesty’s Opposition. The leader of the majority party
becomes the Prime Minister and organizes his ministry with some of the elected members of his
party. The leader of the opposition gets a constitutional recognition, an office and a salary, and he
organises his ‘Shadow Cabinet’ consisting of some of the elected members of his party. The
Cabinet runs the administration; the ‘Shadow Cabinet’ takes up the role of criticizing the policies
and activities of the Cabinet. In this way, the game of politics is played between the majority party
and the minority party in an organised manner. The leader of the Opposition is respected as an
alternative prime minister.
15. Rule of Law. Rule of Law is the bed-rock of the rights and liberties of the people of Britain.
There is no formal bill of rights in the British Constitution and yet people enjoy all such rights and
liberties as are enjoyed by the citizens of a democratic state. The credit for this goes to the concept
of the Rule of Law which stands for, the absence of wide discretionary and arbitrary powers,
predominance of regular law, equality before law and equal protection of rights and liberties of all
under the law of the land. The Rule of Law makes it certain that people, whether ordinary citizens
or civil servants, are free to do whatever they like so long as they do not break any law. No one is
punished except for a distinct breach of law as proved in the common law courts. Arbitrary arrests
and punishments cannot be inflicted upon anyone. All are equal before law. No one is above or
beyond law.
16. Gap between Theory and Practice. In the British political system, there is a big difference in
theory and practice. Theoretically, there is Monarchy in Britain, but in actual practice a liberal
democracy with the parliamentary form of government is at work. All the powers of the King are in
reality exercised by the Cabinet.
17. A Mixed Constitution. British Constitution presents a unique example of a mixed constitution.
It involves a mixture of Monarchy, Aristocracy and Democracy. The King represents monarchy, the
House of Lords and Privy Council represents aristocracy, the House of Commons, Rule of Law,
Parliamentary form of government and Supremacy of Parliament symbolizing the sovereignty of
the people represent democracy.

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 With all these salient features, the British Constitution is a unique constitution. Its study
involves the study of the working of a successful and developed liberal democratic political system
with an unwritten, evolved, flexible, unitary and mixed constitution. The British political tradition
has been the tradition of having and successfully working an unwritten, unitary, flexible and a
convention-based liberal democratic system working through a constitutional monarchy and a
parliamentary form of government.

I.3. CONVENTIONS OF THE BRITISH CONSTITUTION

Conventions constitute a large and important part of the British Political Tradition. All
political institutions of England are carrying out their activities with the help of several
conventions. Being an unwritten and evolutionary constitution, a large number of conventions
continue to guide and govern it’s working. A real understanding of the British Constitution can be
achieved only by understanding the nature and scope of the conventions.
Conventions are unwritten rules of behaviour which have naturally grown and developed in
the British constitution. These have been described by Mill as the “unwritten maxims of the
constitution”. Anson calls them “customs of the constitution”. However, the most celebrated name
has come from A.V. Dicey who describes them as “Conventions of the Constitution.”
Definition
Ogg and Zink observe, “Conventions consist of understandings, habits or practices which
though only rules of political morality regulate a large portion of the actual day to day relations and
activities of even the most important of the public authorities.”
To A.V. Dicey, Conventions are “rules for determining the mode in which the discretionary powers
of the Crown (or ministers as the servants of the Crown) ought to be exercised.”
According to Herman Finer, “Conventions are rules of political behaviour not established in
statutes, judicial decisions or parliamentary customs, but created outside these, supplementing them
in order to achieve objectives they have not yet embodied.”
In simple words, we can define conventions as unwritten rules of political behaviour, or as the
political customs of Britain. Just as social relations are characterised by customs of the society,
political relations is society are also characterised by political customs i.e. conventions.

I.3.1. Features/Nature of Conventions

a. It is an unwritten informal practice or rule of conduct.
b. It is not made and enacted, it gradually grows.
c. It originates as a mode of doing a thing smoothly and efficiently.
d. Long usage and the acceptance that it is bound to be used in future leads to the recognition
of a practice as a convention.
e. A convention is of the nature of a rule of political morality or expediency or efficiency.
f. A practice becomes a convention when it satisfies three tests.
 It has been followed in the past.
 It is being followed at present.
 It is expected to be followed in future also.

I.3.2. Difference between Convention and Law

Conventions and Statutory Laws

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a. Statutory Laws or Statutes are the laws enacted and passed by the British Parliament and
enforced by the executive. Conventions are the natural products of gradual evolution. These are
neither made nor enacted.
b. Statutes are written laws. Conventions are unwritten.
c. Statutes are backed by legal sanctions. Their violations are always punished. Conventions have
no legal status. These are neither backed by force nor are their violations punishable.
Conventions and Common Law
Both conventions and Common Law are customary rules and both are unwritten. Both are the
results of evolution and are not enacted by the legislature. The differences between them are;
a. Conventions are political customs which have been not yet recognised by a courts decree.
Common Law consists of the body of customs and usages which stands recognised and enforced
by the courts.
b. Common Law is a law recognised by the courts. Conventions are rules which have been not yet
recognised.
c. Common Law is enforced by the courts but conventions are not. When a convention gets
recognition by the courts as a common custom of Britain, it becomes a part of the Common Law.

I.3.3. IMPORTANCE OF CONVENTIONS

Conventions have been playing a very important part in the actual operation of the British
Constitution.
1. Conventions lessen the rigidity of laws. Conventions are natural necessities for all laws.
Without conventions, laws cannot be operationalised and used in actual practice. Laws by nature
are rigid and formal rules of behaviour; therefore, conventions are needed for the application of the
rigid laws. Every constitutional law has to operate in the environment and this becomes possible
only when it is supplemented and operationalised with the help of conventions.
2. Conventions are essential for keeping the Constitution in true with changing
circumstances. A constitution has to change with every major change in the environment in which
it operates. Such changes can be easily brought about by conventions. Conventions as such perform
the essential function of helping the constitution to keep pace with the times. Conventions provide
for flexibility and informality which is always required for implementing the provisions of the
constitution and the laws.
3. Conventions are natural and essential products of social and political evolution.
Conventions are natural to all constitutions. They are natural and essential for an unwritten and
evolutionary constitution. In the absence of a written constitution, conventions provide the means
for an orderly and systematic organisation and working of the British government. The unwritten
and evolutionary character of the British Constitution has never hindered the process of socio-
economic- political development because of the use conventions.
4. Conventions are essential for all mixed constitutions. Constitutional Law is always rigid,
definite and fixed. It can never really permit a mixture of two extreme forms of government like
Monarchy and Democracy. Such a mixture can be made and used only with the help of
conventions. In the UK, the mixture of monarchical, aristocratic and democratic features in the
constitution has been possible only because of the emergence of several suitable conventions.

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5. Conventions govern the actual working of the Constitution. The actual working of a
constitution depends largely upon conventions. Conventions determine the actual operation of the
laws of the constitution.

I.3.4. ROLE/SCOPE OF CONVENTIONS IN THE BRITISH CONSTITUTION

The scope and role of conventions in the British constitution is indeed very important and big.
These regulate the working of all political institutions and offices. Some of the important
conventions characterizing the working of British political institutions can be described as under:
1. Conventions relating to Monarchy
a. The Monarch always acts upon the advice of the Cabinet.
b. The King does not attend the meetings of the Cabinet.
c. The King never exercises his veto over the bills passed by the Parliament.
d. The King dissolves the House of Commons only on the advice of the Cabinet/Prime Minister.
e. The King appoints only the leader of the majority party in the House of Commons as the Prime
Minister.
f. Upon the resignation of the Cabinet, the King invites the leader of the Opposition to form the
Cabinet.
2. Conventions relating to the British Cabinet System.
a. The leader of majority in House of commons becomes the Prime Minister of Britain.
b. Prime Minister presides over the meetings of the Cabinet.
c. Prime Minister always belongs to the House of Commons.
d. All the ministers must be members of the British Parliament.
e. The organisation of the Cabinet is the handiwork of the Prime Minister.
f. Cabinet remains in office as long as it enjoys the confidence of majority in the House of
Commons.
g. For all its policies, the Cabinet is collectively responsible before the House of Commons.
h. The Cabinet resigns in case any of its policies or bills or taxation proposals is rejected by the
House of Commons.
i. The Cabinet resigns the moment a vote of no- confidence is passed against it by the House of
Commons.
j. The Cabinet keeps on working as a caretaker government after the dissolution of the Parliament
and continues in office till the organisation of a new Cabinet.
k. The Cabinet can make war and peace only with the consent of the Parliament.
l. When a censure motion is passed against any minister by the House of Commons, indicting him
for lapses in the working of his department, only that minister resigns.
m. A minister remains in office so long as he enjoys the confidence of the Prime Minister. The
pleasure of the King really means the wish of the Prime Minister.
n. The King dissolves the House of Commons only on the advice of the Prime Minister. The advice
of the Prime Minister is regarded as the advice of the Cabinet.
o. All the ministers are appointed from amongst the members of the majority party. However,
during national emergencies, e.g. as the one created by war, representatives of all the parties
which have representation in the Parliament are included in the Cabinet. Such a Cabinet is called
War Cabinet or National Cabinet.

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p. For all that passes in the Cabinet, every member of it is absolutely and irretrievably responsible
and each has to defend all the decisions of the Cabinet.
q. Ministers must defend each other in the Parliament and in respect of all policies of the
government.

I.3.5. WHY CONVENTIONS ARE OBEYED? OR SANCTIONS BEHIND

CONVENTIONS

Conventions are rules of political behaviour which are not established by statutes,
judicial decisions and executive proclamations. Yet these are obeyed as the law. A natural
question that demands answer is, “Why are Conventions obeyed?” or “What is the sanction
behind Conventions?” We can answer the question as follows:
1. Fear of Impeachment. Some scholars advocate the view that conventions are obeyed because
disobedience can lead to impeachment of the person found guilty by the Parliament. Dicey,
however, rejects this view. He advocates that in modem times, impeachment is out of use. It has
become obsolete.
2. Ultimate Legal Sanctions. Dicey advocates the view that conventions are ultimately backed
by legal sanctions. Conventions are so intimately bound up with laws that if a convention is
violated, it leads to a breach of law. Dicey gives an example to prove his point. There is a
convention that the Parliament must meet once a year. If this convention is broken and the
Parliament is not called into session for more than a year, the Budget for the year would remain un-
passed. The Army Act will lapse, because it is passed annually. This would in turn make the
collection of taxes by the government illegal and the keeping of the army would also become
illegal. However, Lowell does not accept Dicey’s view. He holds that Dicey’s view is incorrect
because violation of many conventions does not lead to a violation of laws. For example, if the
convention regarding the three readings of a bill by each House of British Parliament is broken, it
does not lead to any breach of law. Further, the British Parliament is a sovereign parliament. It can
pass the Army Act for a decade or a Budget for five consecutive years. In such a case, Dicey’s view
is not fully correct and justified.
3. Conventions are backed by Moral Sanctions. Lowell is of the opinion that conventions are
obeyed because these are backed by Morality. These constitute the moral code of political
behaviour. These are like the code of conduct or the code of honour which is voluntarily obeyed by
the people. Lowell’s view is again a subjective view. Morality is not the only sanction behind
Conventions.
4. Public Opinion as the sanction behind Conventions. Jennings advocates the view that just as
public opinion is the real sanction behind laws, conventions are also backed by public opinion.
Conventions are backed by public opinion as people regard these as essential and fundamental rules
of the constitution. Fear of losing public support and antagonizing public opinion compels
obedience to conventions.
5. Practical Utility as the sanction behind Conventions. Laski is of the view that the real
sanction behind conventions is their practical utility. Conventions provide the means to the people
to run the affairs of the state efficiently and avoid crisis situations. Their utility is the real sanction
behind them. Violation of a convention can cause a political crisis. For example, if the King does
not accept the advice of the Prime Minister, he can cause a constitutional crisis in Britain. In case

25
he refuses to accept the advice of the Prime Minister, the latter would definitely resign. The Prime
Minister’s resignation would compel the King to take one of the following three alternatives:
a. To invite the leader of the Opposition to form the government. This the leader of Opposition
cannot really do because of lack of majority in the House of Commons.
b. To dissolve the House of Commons and order fresh elections. In this case, the elections would
be fought on the issue whether the King’s action in not accepting the advice of the Prime
Minister—the leader of the majority in the House of Commons, was justified or not. A re-
election of the same party to power would mean a mandate against the King, and even against
kingship. Hence the King would never like to invite trouble for himself.
c. To reappoint the same person as the Prime Minister. This the Prime Minister would do only after
ensuring the acceptance of his advice.
These three cases illustrate that it is essential for the King to accept the advice of the Prime
Minister so long as he continues to enjoy the confidence of the majority in the House of Commons.
The King as such always likes to obey the convention that Prime Minister’s advice must be
accepted by him. A political crisis can develop in the event of non-acceptance of the advice of the
Prime Minister by the king. Moreover, the acceptance of the advice makes the Prime Minister and
the Cabinet fully responsible for all the acts of the King. Hence, this convention is always respected
by the King.
Likewise, almost all conventions have a purpose to serve, a utility to be secured and a system
to be worked effectively and efficiently. The practical utility makes it essential for the men in
power to follow Conventions of the British constitution.
To conclude, we can say that conventions are backed by several sanctions and not one.
Public opinion, practical utility, morality and consensus, all are sanctions behind them. Conventions
are backed by the wisdom of experience. These are time-tested customs and recognised rules of
political behaviour, and hence are always obeyed.

I.4. BRITISH PARLIAMENTARY GOVERNMENT

The evolution of the British Parliamentary System has been a gradual long drawn process. In
its evolution and development several conventions and some laws of the British Parliament have
played a big role. There are several very well understood and definite principles and features which
characterized the working of British Parliamentary System.

Features of the British Parliamentary Government

1. Westminster Model. British Parliamentary Government or the Cabinet System of Britain is
popularly known as Westminster Model of Government. This term comes from the Palace of
Westminster, the seat of the British Parliament. This name has been given to the Parliamentary
System because the Cabinet is constituted by the members of the majority party/coalition group in
the Parliament. It is also called responsible system of government because for all its policies and
decisions the Cabinet is responsible before the British Parliament. It is also referred to as the
Cabinet System because in it the Cabinet is the centre of real power and direction.
2. Monarch as the Titular Executive. In Britain, the Monarch is the nominal and constitutional
executive. All the powers are exercised in the name of the King but not by the King himself. The
real executive powers are in the hands of the Cabinet, headed by the Prime Minister. The Cabinet
formulates the policies, gets these policies approved by the Parliament and then implements these

26
and runs the administration. The King does not take part in the meetings of the Cabinet, but he is
kept informed of all decisions by the Prime Minister and other ministers. In other words, the King
stands excluded from the Cabinet meetings.
3. Organisational Structure of the Ministry. The structural organisation of the Ministry is like
wheels within a wheel. The inner most wheel, the real wheel of power is the office of the British
Prime Minister. Next to it is an informal wheel consisting of the Inner Cabinet or the Kitchen
Cabinet (3-5 ministers) who enjoy the full confidence of the Prime Minister and are very near to
him. The next wheel consists of the Cabinet Ministers (15 to 20 ministers including the Kitchen
Cabinet) who hold key portfolios and together participate in policy-making and decision-making
under the leadership of the Prime Minister. It is the most powerful part of the ministry. The next
wheel consists of the ministers who are either in-charge of small departments or are deputies to the
Cabinet Ministers (60-80 ministers). The outer-most wheel consists of the members of the majority
party whose confidence and support sustains the ministry in power. Thus, the structural
organisation of the ministry is like wheels within a wheel.
4. Close Relationship between the Cabinet and the British Parliament. There is no separation
of powers in Britain. The Prime Minister always belongs to the House of Commons. All other
ministers must also be members of either the House of Commons or the House of Lords. In case a
person who is not a member of the Parliament is made a minister, he is to become a member of
either House within a fixed period. In case he fails to fulfill this condition, he has to resign
forthwith his ministership. The ministers, besides being heads of government departments, continue
to be active and full members of their respective Houses. They participate in the deliberations in
both the Houses, but can exercise their vote only in the House of which they are members. Most of
the bills are introduced and piloted by the ministers. The whole of Parliamentary work takes the
form of interactions between the Ministry backed by the majority party and the Opposition. A close
relationship binds the ministry and the Parliament. It indeed gives to the ministers a representative
and responsible character; on the other hand, it helps the Parliament to continuously supervise and
control the ministry.
5. Ministerial Responsibility. Ministerial Responsibility has three main dimensions:
(a) Responsibility of the Ministers towards the Monarch. All acts of the King are in reality
the acts of his ministers because the King always acts upon the advice of his ministers. If anything
goes wrong while performing the acts, the ministers are responsible for all actions of the King.
They cannot take refuge behind the King’s prerogative. They have to accept and own the
responsibility.
(b) Individual Responsibility of every Minister. Each minister is individually responsible for
his conduct and the activities of the department/departments under his charge. If anything goes
wrong, he is answerable to the Commons and in case the House of Commons rejects his
explanation or passes a vote of no-confidence or a censure motion against him, he has to resign. If
the House passes a cut motion in respect of his salary or the finances of his department, it is also
taken as a vote of no-confidence and he has to resign. Thus, the ministers are individually
responsible before the House of Commons for the working of their departments.
(c) Collective Responsibility of the Ministry. For all its policies and decisions, the Ministry is
responsible before the Parliament, actually before the House of Commons. It is the responsibility of
the Cabinet to get parliamentary approval for all its policies and decisions. In case the Parliament
(the House of Commons) rejects any policy or bill or budget sponsored by the Cabinet, it is taken as

27
a vote of no confidence against the Cabinet. Whenever the Parliament (In reality the House of
Commons) feels that the Cabinet has acted or is acting against the mandate, or is ignoring the
mandate or public opinion it can pass a vote of no-confidence against the Cabinet, the Cabinet
resigns.
(d) The ministers work as a team under the captaincy of the Prime Minister. Ministers
swim and sink together. They come into office as a team, remain in office as a team and go out of
office as a team. All are committed to defend collectively the policies and decisions of the Cabinet.
They are free to express their views in the meetings of the Cabinet, but once a decision has been
taken, they have to defend it as a decision of all. If any minister disagrees with any decision, he has
to quit at the time of decision-making. In case he does not quit, he has to uphold the decision and
support it in all deliberations whether inside or outside the Parliament. The principle of collective
responsibility enables the Ministry to work as a strong, united, dedicated, disciplined and
committed team under the leadership of the Prime Minister.
6. Leadership of the Prime Minister. In Britain, the Prime Minister occupies the most important
and powerful place. Being the leader of the Ministry, he chooses his ministers and distributes the
portfolios to the ministers. He is the real maker and controller of the government. Being the head of
the Cabinet, he presides over the Cabinet meetings. Nothing passes in the Cabinet which he does
not desire. Those who differ with him must quit or submit to his views. Prime Minister can dissolve
the House of Commons and pave the way for fresh elections. A vote of no-confidence against him
is taken as a vote of no-confidence against the whole ministry. His resignation or removal means
the resignation and removal of the entire ministry. As such, he is the life and death of the Cabinet.
7. Secrecy of Office. The Cabinet works in all secrecy. Privacy of proceedings is a rule. The
Cabinet meetings are held secretly. The Prime Minister prepares the agenda. Whatever goes on in
the meetings of the Cabinet is kept secret. The ministers discuss freely the pros and cons of all
issues which come before the Cabinet. They oppose the measures that they dislike, propose
amendments and submit alternative proposals. All this is kept secret. No one outside the Cabinet
knows how decisions were taken, who opposed and who supported which decisions. People come
to know about the decisions only when the Cabinet announces its decisions on the floor of the
House either of its own or when called upon to do so by the House.
8. Political Homogeneity and Solidarity. Normally all the members of the Ministry are
members of the same party. The party which gets the majority in the elections to the House of
Commons forms the ministry. The Monarch appoints the leader of the majority party in the House
of Commons as the Prime Minister, and appoints all other ministers upon his advice. All the
ministers are taken from the members of the majority party in the House of Commons and the
House of Lords. This greatly helps the process of a smooth formation of the ministry. It also helps
the ministers to remain united and to have similar outlook on national issues and problems. Political
unity makes the ministry a united body characterised by a high degree of harmony and commitment
to similar objectives. The unity and harmony paves the way for efficiency in the working of the
Cabinet.
9. War Cabinet/National Cabinet. War Cabinet/National Cabinet is a committee formed by the
government during national emergencies and extraordinary dangerous situations arising out of war.
It consists of representatives of all the political parties which have a representation in the
Parliament. During the Second World War, a national Cabinet was constituted. It was headed by
P.M Winston Churchill and he was the leader of the Conservative majority in the House of

28
Commons. National Cabinet had one representative each from the Labour and Liberal parties. It is
believed that in future also, whenever such an emergency may arise, a national cabinet will be
constituted to meet the situation.
10. The Right of the Prime Minister/Cabinet to get the House of Commons Dissolved. In
Britain, the Prime Minister/Cabinet has the right to advise the King to dissolve the House of
Commons. The Prime Minister can do so for seeking a fresh election or for punishing the
Commons for not agreeing to his policies or decisions. This right of the Prime Minister/Cabinet has
greatly strengthened the position of the Cabinet vis-a-vis the House of Commons. It can be used by
the Prime Minister/Cabinet as a threat because the members of the House generally fear elections,
which always make their future uncertain.
11. Coalition Government. During May 2010 to May 2015 the British Parliamentary System
functioned with Conservative-Liberal Democratic coalition government. The May 2010 general
election led to the emergence of a Hung House of Commons. In it, the Conservative Party got 305
seats, the Labour Party 258 seats, the Liberal Democratic Party 57 seats and the rest of the seats
were bagged by other parties. No party got a majority i.e.326 seats. Consequently, the
Conservatives and the Liberal Democrats formed a power-sharing coalition and agreed upon a
common agenda for governance. This coalition formed the government with the leader of the
Conservative Party, David Cameron as the Prime Minister, the leader of the Liberal Democratic
Party, Nick Clegg as the Deputy Prime Minister, and all other ministers from both the coalition
partners. This coalition government completed its tenure of 5 years.
With all these salient features, the British Parliamentary System has been working very
successfully and efficiently. These have resulted in making the Cabinet the most powerful single
institution of the British Constitution. The most cardinal and unique feature of the British Cabinet
System has been that it still rests upon several conventions which govern its organisation and
working.

I.5. BRITISH MONARCHY: THE KING AND THE CROWN

British Monarchy is an essential and an inseparable part of the British Liberal Democratic
Political System. This has been possible mainly because of the transfer of all the powers of the
King to the Crown— the real executive in Britain. British Monarchy now lives as a part of the
Crown.
The Crown is the institution to which has been transferred the authority that once belonged to
the King. The term Crown when written with ‘c’ (lower form) means the ornamental headgear
which the King/Queen wears on the head on all official and ceremonial occasions. But when it is
written with “C” (capital), it stands for the Crown—an institution which exercises all the executive
powers in Britain.

Definition of Crown
Several scholars have defined the Crown:
“The Crown is a bundle of sovereign powers, prerogatives and rights—a legal idea”. Sir Maurice
Amos
“The Crown is an artificial or juristic person”. Munro
“The Crown is a convenient working hypothesis... the nation or the will of the people or any other
suitable abstraction”. Sir Sydney Low

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“Crown is a subtle combination of the sovereign, ministers (especially cabinet members) and to a
degree Parliament: It is the institution to which all powers and privileges once possessed by the
King have been transferred". Ogg
Finer observes, “Crown is the ornamental cap which covers all effective centers (King, Minister
and Parliament) of political energy”.

I.5.1. DIFFERENCE BETWEEN THE KING AND CROWN

a. King is a person while the Crown is an institution.
b. King is a part of the Crown.
c. King as a person is mortal. He is subject to life and death. But the Crown as an institution is
immortal. It never dies.
d. The King is the nominal executive head of the state, while the Crown is the real executive
head of Britain.
e. King is a nominal and constitutional ruler who reigns but does not rule. He can do no wrong
because all his powers and functions are in reality exercised by the ministers. The ministers
constitute the major part of the Crown while the King constitutes its minor part.

I.5.2. POWERS OF THE CROWN

The Crown has vast executive, legislative, judicial and ecclesiastical powers. All the powers
and functions being used by the King and Council of Ministers are powers of the Crown.
The powers of the Crown can be studied under four main heads:
1. Executive Powers of the Crown. All executive powers belong to the Crown. These are
exercised in the name of the King, who is a part of the Crown. The Crown enforces all the national
laws and sees that these are observed. The King, as a part of the Crown, appoints the Prime
Minister and upon his advice, appoints other ministers. He distributes portfolios. Crown appoints all
higher executive and administrative officials, and can also dismiss them. Ambassadors and other
diplomatic agents of Great Britain are appointed by the Crown. It can send instructions to them and
recall them if necessary. It conducts the foreign relations of England. King is the supreme
commander of the army, the navy and the air force. The Crown can make war and peace. It has the
power to negotiate and sign all international treaties. All delegates to international conferences are
accredited by the Crown. The Crown is the “Fountain of Honour" because all honours and titles
flow from the Crown. It bestows all decorations and titles such as peerage, knighthood and other
gallantry titles on those who have rendered meritorious service to the nation or have distinguished
themselves in the field of art, science, literature or social service. The grant of honours is King’s
prerogative. However, it is exercised by him only as advised by the Prime Minister. Almost all
these executive powers of the Crown are exercised in name of the King by the Ministers of the
Crown.
2. The Powers of the Crown in the sphere of Legislation. The Crown has an important share in
the law-making powers. The King is not a member of the Parliament, yet all the laws are passed by
the King-in- Parliament. The laws are passed by the two Houses of Parliament but are declared to
have been passed by the King, by and with the consent of the Lords Spiritual and Temporal, and
Commons. The bills passed by the Parliament become laws only when signed by the King. The
ministers of the Crown play a leading role in law-making. Nearly 95%, of the bills are introduced
and piloted by them. Money bills can be introduced only by the ministers. The royal assent to the

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bill is always given because the ministers advise the King to do. No bill can get through the
Parliament without the support of the ministers (Cabinet). The Crown summons prorogues and
dissolves the Parliament. He alone sets in motion the process for the election of a new House of
Commons. Every new session of the Parliament is opened with a speech from the throne. This
speech is prepared by the Prime Minister and read by the King. The speech from the throne
specifies the policies of the Crown.
The Crown can create peers and determine the membership of the House of Lords. It can issue
ordinances and proclamations. It can issue Orders-in-Council (orders issued by the King in a
meeting of the Privy Council) to serve urgent need at a time when the Parliament is not in session.
3. Judicial Powers of the Crown. The Crown is the fountain head of justice. It appoints the
Judges and also removes them when requested by both the houses of the Parliament. Technically,
the courts are the “King’s Courts”, these implement “King’s Laws”, and dispense “King’s Justice”.
All criminal proceedings are launched in the name of the Crown. The King is above law and no
legal action can be taken against him in King’s courts. The King exercises the prerogative of
granting pardon and reprieve. In actual practice, however, the judges are appointed by the King
only in accordance with the selections made by the Lord Chancellor. The courts in England work as
independent courts and undertake the administration of justice in an independent and objective
manner.
4. The Ecclesiastical Powers of the Crown. The Crown is the head of the Church of England. It
appoints archbishops, bishops, deans and other religious dignitaries. It also summons the
ecclesiastical convocations of Canterbury and York and these require the assent of the Crown. All
these religious functions are performed by the King on the advice of the ministers. The principle of
promotion by seniority is the rule followed. King is called the “Defender of the Faith”. He has to be
an Anglican and cannot marry a Roman Catholic. The Crown is the final authority in all matters
concerning the Church of England.

I.5.3. ROLE AND POSITION OF THE KING/QUEEN

Britain has a hereditary and constitutional monarch. The King/Queen is the constitutional and
nominal head of the state. The role and position of the Monarch in the British constitutional system
can be discussed in two parts:
1. Theoretical Position of the Monarch. In theory, the British Constitution reveals the key and
powerful position of the monarch. Such a study leads to the conclusion that Britain continues to be
the home of Monarchy—absolute and supreme. Legally, all laws are still passed and enforced by
the King. The government is still His Majesty’s Government and the Opposition continues to be
His Majesty’s Opposition. The army, navy and air force continue to be the Royal Army, the Royal
Navy and the Royal Air force.
King is the fountain head of justice. All honours and titles are bestowed by him. He is the
Head of the Church of England. He cannot be tried in any court of Law. He is above Law. He is not
responsible for what he does. Walter Bagehot in his book “The English Constitution” wrote,
“Legally Queen Victoria can disband the army, sell the Navy, dismiss the civil servants, can pardon
all criminals, can make all persons Lords and do many other such things”. Gladstone also accepted
that theoretically all this was correct. He added, “Even today, legally, Britain is King’s realm and
its administration is run by the King”.

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2. Actual Position of the Monarch. However, in actual practice the British Monarch has come to
be a nominal and constitutional head of the state that reigns but does not rule. All laws are passed
and enforced in his name only. In reality, it is the power of the Parliament to enact the laws and the
power of the Cabinet to enforce the laws. The powers of the Monarch have been transferred to the
Crown of which he is a minor part. The monarch carries out all his work strictly in accordance with
the advice of the ministers. He has no personal power. The power which the King exercised once
upon a time has been transferred to the Prime Minister and the Cabinet. Due to this, the Prime
Minister has become the real executive head, the chief administrator, and the chief advisor to the
King, whose advice is always bound to accept by the King. The King always acts upon the advice
of the ministers. Theoretically, the ministers advise the King and the latter takes his decisions. In
actual practice, the rule stands reversed. The King can advise the ministers or the Prime Minister,
the decisions rest with the Prime Minister and the Cabinet.
Two statements clarify fully the position of the King.
a. Monarch Reigns but does not Rule. The saying; “British King reigns and does not rule” is true
to a very large extent. The administration of the state is run in the name of the King but not by
the King himself. The real centre of power is the Crown and in the Crown, Prime Minister and
the Cabinet occupy a dominant position. The King can do little without the advice of the
ministers of Crown. The traditional powers of the King stand transferred to the Crown as an
institution. The King has splendor and glamour but not power. He is more conspicuous than
powerful. All his acts are the acts of his ministers.
b. King can do no wrong. The principle “King can do no wrong" means that all the acts of the
King are the acts of the ministers and, if anything goes wrong, the fault lies with the ministers.
The King cannot be held responsible for any wrong because he never acts or commands of his
own. He does everything that his ministers advise him to do. He does nothing that his ministers
do not want him to do. Legally, the statement means that the King cannot be held guilty of any
wrong. He enjoys personal immunity from the jurisdiction of the courts. It also implies that the
King cannot command any evil or wrong. For any lapse, the concerned minister cannot take
refuge behind the judicial immunity enjoyed by the King. The minister is always responsible for
his decisions and actions whether done independently or on the recommendation of the King.

I.5.4. THREE RIGHTS BEING USED BY THE KING

The King has three important rights. These were described by Walter Bagehot as under:
a. Right to be consulted. The King enjoys the right to be consulted. It is the duty of the Prime
Minister and other ministers to keep the King informed of the affairs of the state. The King himself
has to remain in touch with all important matters affecting his people and his country. He can seek
any information from the Prime Minister and give his opinion on any matter concerning the state.
He does not attend the meetings of the Cabinet, but he has the right to know what transpires in the
meetings.
b. Right to Encourage. As the head of the state the King has the right to encourage the
ministers by appreciating their policies and activities. Cabinets keep on changing but the King
continues to reign for a very long time. As such, the government always depends upon the advice
and encouragement of the King.
c. Right to Warn. The King can prevent the enactment of harmful policies and measures
through his constructive criticism. He can raise objections, warn the ministers against the possible

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harmful consequences of any of their policies. He can suggest alternative measures which the
ministers accept with utmost respect. By warning against possible harmful effects of a policy, the
King can induce a change in a policy of the government. Through the exercise of these three rights,
the King exercises a large amount of influence on the policies and activities of the government.

I.5.5. WHY MONARCHY IS SURVIVING IN BRITAIN? OR JUSTIFICATION FOR THE

CONTINUANCE OF BRITISH MONARCHY
I. Arguments against the continuance of monarchy
The continuance of Monarchy in England has been, particularly to foreign viewers, an object of
criticism. They argue:
a. No need to keep a powerless monarchy. There is no justification for the continuance of
monarchy when it has lost all its power and relevance. There is no need for retaining an
institution which exists as a Superfluous Highness.
b. There should be no place for monarchy in a democracy. The existence of monarchy within
a democratic system is an anachronism. There is no need to retain this anachronism. Its
existence limits the working and lowers the status of British democracy.
c. There is every need to save the money which is being spent on monarchy. There is no
justification for spending huge sums of money for maintaining royal splendor. There is every
need to save the money which is currently being spent on the upkeep of monarchy.
On the basis of these three main arguments, the critics reject the continuance of monarchy in
Britain and advocate its abolition.

II. Arguments for the continuance of monarchy or reasons behind the survival of british
monarchy
The people of Britain do not subscribe to the above view. They strongly advocate for the
continuance of monarchy and justify its present status in the constitutional system on several
grounds. Monarchy has become a part and parcel of British democracy. Consequently, monarchy
continues to be successfully at work within the democratic system. The Crown has become stronger
simultaneously with the strengthening of democracy. Morrison aptly remarked, “British democracy
and monarchy have become inter-woven”. The following reasons justify the continuance of British
Monarchy
a. Practical Argument in favour of Monarchy. The abolition of monarchy will lead for an
alternative head of the state. Only two alternatives are available: (i) Either to have a president like
the Indian President, or (ii) To have a president like the American President. If the former
alternative is adopted, no good purpose will be served. The President will continue to be a nominal
head just like the British King. This change will give rise to the problem of electing the President
and keeping him above party politics. The second alternative i.e., to have a president like the
American President, also cannot fit in with the parliamentary system of England. As the real head
of state, such a President would certainty jeopardize the working of the parliamentary system. As
such, neither a president of the Indian type nor of the American type can really be installed in the
British constitutional system. So, the best is to let monarchy exist.
b. Several useful functions being performed by the Monarch. The supporters of Monarchy
argue that British Monarch is not only the head of the state but also performing several tangible and
useful services. He sets the process of government-making in motion by appointing the Prime

33
Minister. He has the responsibility to help the nation to overcome the constitutional crises which
always keep on coming in the life of a nation. He plays an important role by exercising his three
rights— the right to advice, the right to encourage and the right to warn. The Monarch always plays
a useful role in the actual operation of the British system of government. He cannot be described
and rejected as “a superfluous highness”.
c. King as the Impartial Umpire. The British Monarch is above politics. He is a hereditary king
who has neither the need nor the time to get involved in party politics. He acts as a non-partisan,
impartial, and common king of all. He is, as ' says, “The umpire who sees that the great game of
politics is played according to rules”. His non-partisan character made him an impartial head of the
state.
d. Monarch is a source of Stability. In a parliamentary system, political instability is always
present because the parliament has the right to dismiss the government at any time by passing a
vote of no-confidence. Such a possibility is also present in Britain. The existence of monarchy acts
as a source of stability. The sudden removal or resignation of a ministry does not lead to a major
constitutional crisis because in such an eventuality, the King steps in and takes over the reins of
power till the installation of a new ministry.
e. Monarch as the Symbol of Unity of the Nation. The King has become the living symbol of
sovereignty, unity and integrity of the nation. The people have a firm faith in the Monarch and owe
him allegiance by heart. He is the emotional link that binds the British into unity. He is a symbol of
unity not only for the people of England but also for the people of the dominions. The abolition of
monarchy in England would certainly break the close links that it has with the dominions. It would
mean an end to the close relationship between Britain and the “dominions” like Canada, Australia,
New Zealand and some others.
f. The Monarch as the Head of the Commonwealth of Nations. The Commonwealth of
Nations has replaced the old British Commonwealth. The latter was an association of countries
which were parts of the British Empire; the former has come to be an association of free sovereign
independent and friendly nations who are committed to maintain their historical ties of friendship
and cooperation by remaining members of the Commonwealth of Nations. The British Monarch is
the ex-officio head of the Commonwealth. He is the important link among the members of the
Commonwealth.
g. The Monarch as the Head of the British Social Life. In every society, the social status
depends on factors like family lineage, heredity, wealth and the like. In the British society, the basis
is family status and lineage. In this way, the royal family enjoys the highest status and in the royal
family, the King enjoys the top place. He heads the British social life. In the words of Jennings,
“the King is not only a part of the political structure but also he is the most important part of the
social structure”. He and the other members of the royal family are the trend-setters of British
society. The royal family always influences the social relations and has a generally good effect on
matters of taste, fashions, manners and morals.
h. The King is not a Limitation on Democracy. The British people always accept the King as a
part and parcel of their society. They are emotionally attached to the King and the royal family. The
King enjoys vast public support. Monarchy has earned a place in the British democratic system by
voluntarily accepting the transfer of royal authority to the Crown. This has increased the popularity
of monarchy. Any attempt to abolish monarchy would mean an attempt against popular will and
public opinion.

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i. Monarchy is backed by Public Opinion. Monarchy continues to survive in England because
of the absence of any opposition to monarchy. No political party really opposes monarchy. The
voice of dissent against monarchy is conspicuously absent in Britain. The people were, and still
continue to remain committed to monarchy. Continuance of monarchy has, in no way hindered the
process of socio- economic-political development of Britain. This realisation has made the people
accept the continuance of monarchy within their democratic system.
j. Abolition of Monarchy can create several difficulties. The abolition of monarchy is bound to
entail several practical difficulties. The entire nomenclature of the British Constitution and the laws
would have to be changed. Further, the Church of England would become headless. It would cause
too much tumult and disorder. Such a big change cannot be accepted by the people.
k. Monarchy is not expensive. It is indeed wrong to say that monarchy is very expensive. It costs
less than 1% of the total income. Further, the abolition of monarchy would in no way lead to any
saving because the country would have to spend equally huge sums of money for periodically
electing and maintaining presidents. Monarchy is cheaper to maintain than to have a president.
Even if monarchy is somewhat costlier than presidency, it must not be abolished because of the
useful services which the King performs as the neutral umpire. Such a head of the state cannot be
effectively secured under a president.
l. British Psychology. The conservative nature of the British people is an accepted fact. They
love their traditions and culture. They always try to maintain links with the past. They are opposed
to revolutions and revolutionary changes. They are so much attached to monarchy that they are not
prepared to abolish it.
m. Continued Popularity of the Monarch. Another formidable reason for the continuous
survival of monarchy has been its ever-growing popularity. The participation of the kings and
queens in the social and political life of Britain has helped monarchy to earn perpetuity. The
popularity of monarchy has been steadily on the increase. This clearly shows that the people fully
accept the relevance of monarchy and justify it as a natural and necessary salient feature of the
British constitutional system.
On the basis of the arguments given above, we can conclude that the continuance of monarchy in
England has been possible because the people of Great Britain fully accept and recognized
monarchy as an inseparable part of their political system. Morrison right said, “No monarchy in the
world is more secure or more respected by the people than ours”.

I.6. BRITISH REAL EXECUTIVE: THE BRITISH CABINET

Cabinet is the real executive head of England. Cabinet is the steering wheel of the ship of the
state. Marriot writes, “It is the pivot, around which the whole of constitutional machinery revolves".
It is the strongest centre of power in the British political system. The Cabinet is the supreme
directing, coordinating and controlling agency of the state. It exercises all real executive powers
and even guides the legislature.
The Cabinet is a small body of 15 to 20 ministers who hold key portfolios. Under the
leadership of the Prime Minister, the Cabinet formulates the policies of the state and controls the
executive branch. A unique feature of the British Cabinet is that its organisation and working
depends very little on written laws and mostly upon conventions. Munro defines the Cabinet as “a
body of royal advisors chosen by the Prime Minister in the name of the Crown with the approval of
a y majority in the House of Commons". This definition is technically sound because in theory, the

35
ministers are only advisors to the Crown. We can describe it as a small body of important ministers
headed by the Prime Minister. Finer defines it as “the British government’s executive branch, a
nucleus within a wider body of ministers called collectively as Ministry”.

I.6.1. ORGANISATION OF MINISTRY

1. Formation of the Ministry. After elections to the House of Commons, the King appoints the
leader of the majority in the House as the Prime Minister. The Prime Minister then prepares a list,
choosing members from both the houses, to be appointed as ministers. The King always accepts the
advice of the Prime Minister and hence appoints all those members as ministers whose names are
recommended by the PM. In this way, the formation of the ministry is really the function of the
Prime Minister. He becomes the Prime Minister by virtue of his position as the leader of the
majority in the Commons and then appoints all other ministers.
2. Composition of the Ministry. The Ministry consists of 70 to 90 Ministers. In fact, the House
of Commons Disqualification Act 1975 prescribes that the maximum strength of the Council of
Ministers can be 91. Most of the minister (but not more than 75%) are from the House of
Commons. The rest are from the House of Lords. They stand divided into several categories:
a. Cabinet Ministers. The number of Cabinet ministers is between15-20. They are the senior-most
ministers and hold charge of important departments such as foreign affairs, home, exchequer,
defense etc. However, some of them can be Cabinet ministers without specific portfolios. The
Cabinet ministers along with the Prime Minister constitute the Cabinet. The Cabinet formulates the
policies of the state. It is the supreme policy-making, coordinating and directing agency of the state.
Out of these Cabinet Ministers, 3 to 5 ministers constitute the Inner Cabinet or the Kitchen Cabinet.
The Prime Minister usually consults his kitchen cabinet in all matters of state policy.
b. Ministers of Cabinet Rank. Their number is nearly ten. They are junior to the cabinet
ministers. Each one of them is in-charge of a department. Each draws the same salary as is drawn
by a cabinet minister. However, they attend the Cabinet meetings only when desired by the Prime
Minister. They are not members of the Cabinet.
c. Ministers of State. They are appointed either in departments. Their work is to assist the cabinet
ministers or ministers of cabinet rank as the case may be, or in small and less important
departments where they hold independent charge.
d. Parliamentary Secretaries or Junior Ministers. They are not in-charge of any department.
Their function is to help the ministers in the Parliament. They help the ministers in answering
questions put to them, and in parliamentary debates.
3. Distribution of Portfolios or Departments among the Ministers. This is the power of the
Prime Minister. He can assign any department to any minister and can change his portfolio at any
time. However, there are several practical considerations involved in the task, (a) Prime minister
has to give a berth to all important leaders of his party, (b) He has to distribute the berths between
the two Houses of the Parliament, (c) Certain ministries require the appointment of specialists, (d)
He has to maintain a particular balance between the old guards and the young aspirants, (e) Often
there is more than one claimant for the same post, (f) Due weightage has to be given in case of a
coalition cabinet, (g) All the persons considered eligible for ministership must be either existing
members of Parliament or eligible to become so.

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4. Tenure of Ministry. The ministry remains in office so long as it enjoys the confidence of the
majority in the House of Commons. The Commons can at any time remove the ministry by passing
a vote of no confidence against it or against the Prime Minister. If any policy, or law, or budget
passed by the Cabinet is rejected by the Commons, it also means loss of confidence of the House
and the ministry resigns. The resignation of the Prime Minister also means the resignation of the
entire ministry. Before the expiry of its term, the Prime Minister can ask any minister to resign. He
has the power to get any minister removed by the King. Since the ministry remains in power only
so long as it enjoys the confidence of the House of Commons, we can say that the tenure of the
ministry is not fixed or definite. But once constituted, it can remain in office for a maximum of five
years.
5. Cabinet Meetings. The Cabinet meets at least once a week. Its meetings may be held more
often in case of an emergency or for other extraordinary business. The meetings are generally held
at the Prime Minister’s residence - 10, Downing Street or in his chamber in the Parliament
complex. The Prime Minister calls all the meetings of the Cabinet. He prepares the agenda for the
meetings and also presides over the meetings. All decisions are taken by majority or by a simple
voice vote.
6. The Cabinet Secretariat. The Cabinet Secretariat is headed by the Cabinet Secretary. It
handles all the works associated with the meetings of the Cabinet. Its function is to put the business
into shape for the meetings, keeping the records, and having the custody of all official documents.
The Cabinet Secretary attends the meetings of the Cabinet for record-keeping. However, only
decisions and not the discussions are recorded. The Cabinet Secretariat undertakes all
administrative tasks as assigned to it by the Cabinet. In practice the Cabinet Secretariat works as the
Prime Minister’s Secretariat.
7. Cabinet Committees. The Cabinet works through several committees to systematically and
efficiently discharge its work. These committees co-ordinate the works of different departments and
decentralize the work of policy-formation. Each Cabinet Committee consists of 3 to 4 ministers and
is presided over by the minister of the concerned department. If the Prime Minister is a member of
any such committee, he is the ex-officio chairman. The British Cabinet committees are Defence
Committee, Economic Policy Committee, Legislation Committee, Home Affairs Committee,
Production Committee, The Lord President’s Committee, Commonwealth Affairs Committee,
Committee on Civil Defence, and Information Service Committee.

1.6.2. POWERS AND FUNCTIONS OF THE BRITISH CABINET

The Cabinet is the supreme directing authority which exercises almost all the executive powers and
plays a key role in the law-making and finance. In fact, it exercises all the powers of the Crown.
1. Executive Powers of the Cabinet
The Cabinet is the real executive in Britain. As the real executive, it exercises real power in
the state and performs several functions:
(a) Policy Formulation. The Cabinet is the chief policy-framing body. It formulates both foreign
and domestic policies. The policies are first discussed by the Cabinet and if it agrees, the policy is
submitted to the Parliament for approval. In the Parliament, the Cabinet defends the policy and
secures its approval. If a policy is disapproved by the House of Commons, it is taken to mean a lack
of confidence in the Cabinet and it resigns forthwith. While resigning, it can recommend the King
to dissolve the House of Commons. This recommendation is always accepted by the King. Thus,

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the fear of dissolution often compels the House to approve the policies sponsored by the Cabinet. In
this way, the Cabinet enjoys full powers in the sphere of policy-making.
(b) Enforcement of Laws and Running of Administration. The cabinet enforces the laws of the
state. As the real executive, it has no power to do what it likes regarding administration. It has to
run the administration of the state in accordance with the policies, statutes and conventions. Each
minister is head of a department or of some departments. He is responsible for the running of the
department under his charge. He is also responsible for any failure in the department.
(c) Appointment-making Powers. All major appointments are made by the King on the advice of
the Prime Minister. Ambassadors, Secretaries, and other high officials of the state are appointed
virtually by the Prime Minister. The King always accepts the advice of the Prime Minister. The
judges are appointed by the King on the advice of the Lord Chancellor, who is also a member of the
Cabinet.
(d) War and Peace, and Treaty-making Functions. The Cabinet formulates and implements all
foreign policy. It also takes decisions on the issues of war and peace. When a war breaks out, the
Prime Minister and the Cabinet is responsible to direct the state. During war, a national cabinet
consisting of representatives of all the political parties which stand represented in the Parliament is
formed. The Cabinet negotiates and signs all the international treaties. After a treaty has been
signed, the Cabinet is responsible to secure Parliamentary approval for it.
(e) Coordination Functions. Cabinet is responsible to coordinate the work of different
departments of the government. It resolves conflict between departments. Its decisions are final in
this respect. This function is mainly done by the Prime Minister. The Cabinet Secretariat helps the
Prime Minister and the Cabinet in this sphere. This coordination function becomes all the more
important in case of a coalition cabinet.
2. Cabinet’s Power in the Sphere of Legislation
The law- making powers are in the hands of the Parliament. However, the ministers, as
members of the parliament, play a deterministic role. Most of the bills are introduced and piloted by
them. No bill which is supported by the Cabinet has a chance to get rejected in the Parliament
because the majority supports the Cabinet.
a) The Cabinet really uses the Legislative Powers of the British Monarch. The King signs the
bills only because the Cabinet advises him to do so. In fact, the passing of a bill by the Parliament
really means that it has been accepted by the Cabinet. Backed by the civil servants, the Cabinet
alone is in a position to get the bills properly drafted. The sessions of the Parliament are summoned
and prorogued by the King on the advice of the Cabinet. The agenda for the meetings of the two
Houses of Parliament is prepared on the basis of the advice of the Cabinet.
b) Law-making under Delegated Legislation. Delegated Legislation has greatly strengthened
the role of the Cabinet in law-making. The Parliament has neither the time nor the expertise to pass
the laws in detail form. Due to this reason, the Parliament passes most of the laws in broad outlines
and delegates to the government the power to complete the laws through delegated legislation. The
Cabinet exercises a large amount of legislative power under the system of delegated legislation.
Thus, the role of the Cabinet in the sphere of law-making and its control over the work of the
Parliament has increased to such an extent.
3. Financial Powers of the Cabinet
The British Parliament, and in reality the House of Commons, is the custodian of national
finances. However, in practice, the Cabinet has become the real custodian and controller of the

38
finances of the state. The budget is prepared by the Cabinet. Ministers alone can introduce money
bills. The budget or any other money bill prepared and introduced by the Cabinet is always passed
by the House because of the majority supports behind the Cabinet. All fiscal policies and
development plans are prepared by the Cabinet. These are approved by the Parliament. The
approved policies and plans are implemented by the ministers who head the government
departments. All taxation proposals emanate from the Cabinet. All expenses are incurred and all
taxes are collected by the executive (Ministry) in accordance with the budget, passed by the
Parliament. The budget is the child of the Cabinet, made and delivered through the Chancellor of
Exchequer.

1.6.3. LIMITATIONS ON THE POWERS OF THE CABINET

There are several limitations which keep the power of the Cabinet under check and eliminate
the chances of a misuse of power.

1. Democratic traditions of the British Political System. Britain has a liberal democratic
political system. The struggle for power is open and free. Two major political parties are the main
contenders for power in this struggle. Both the parties are democratically organised, broad based
and have full faith in peaceful and constitutional means. Both believe in the peaceful process of
conflict-resolution and peaceful adjustment. At a particular time, when in elections a party wins a
majority, it comes to power for a limited time. After which it has again to face the electorate,
explain its achievements and conduct, and seek a fresh mandate. The electorate can punish it for its
lapses by denying it a majority or can revote it to power. The Cabinet is a body formed at a
particular time by the leaders of the party which has a majority in the House of Commons. It is a
democratic body which accepts all democratic traditions, conventions and norms. Such a
democratic body, which comes to power through popular, free and fair elections can never be a
dictator, and should never be described as a dictator.
2. Public Opinion. Public opinion is another powerful check upon the Cabinet. The people know
what the Cabinet is doing and evaluate its actions to determine whether the cabinet is using its
power in a proper manner. The people openly express their support or disapproval for the policies
of the Cabinet. The right to freedom of expression and freedom of press is used by the people to
publicize their views. The Cabinet always fears adverse popular reaction to its policies as well as
towards its style of functioning. The Cabinet has to face continuously the fire of criticism and the
force of public opinion. It is always held in check by public opinion and hence can never become or
even think of becoming a dictator.
3. Power of the British Parliament. No doubt, the party politics, the rigid party discipline, the
two-party system, the system of delegated legislation, the threat of dissolution at the hands of the
Cabinet have weakened the power of the British Parliament. However, this does not mean that it
has lost all power of control over the Cabinet. The Parliament still supervises the working of the
Cabinet. The Cabinet is still responsible to it. Its members can put questions and supplementary
questions to the ministers and seek information regarding the actual working of the administration
of the state. They never allow the lapses of the government to escape their vigilant eyes. The
Parliament controls the Cabinet through several other means like call attention motions,
adjournment motions and institution of investigation committees. If the Cabinet starts behaving like
a dictator, the Parliament can immediately remove it by passing a vote of no-confidence or by

39
rejecting the measures initiated by the cabinet. In the words of Laski, “The Cabinet is normally the
master of the House of Commons but there are always limits to its mastery which it must take into
account”.
4. Rules of Procedure and Standing Orders of Parliament. It is true that the Cabinet can get
passed the desired measures which it wants for running the administration of the state. However,
for this, it has to scrupulously respect and follow the rules of procedure and standing orders of the
Parliament. No minister can violate the privileges of the members of the Parliament. He can never
commit a violation of parliamentary privileges. He can be punished for the contempt of the
Parliament.
5. Dissolution of the House of Commons also means dissolution of the Cabinet. It is true that
the cabinet can get the House of Commons dissolved. However, this weapon can be used by it only
on its own peril. The dissolution of the House also means the dissolution of the cabinet. Further, the
fear of opposition from its own party members, who are not always prepared to contest elections,
prevents the Cabinet from using this power freely. It can use this power only when it feels that such
an action will have the support of the majority in its own party.
6. Limitation of the Opposition. The existence of an organised opposition working through its
own ‘Shadow Cabinet’ always keep a close supervision and scrutiny over the policies and acts of
the Cabinet. The Opposition always brings out the lapses and excesses that the Cabinet and the
ruling party may commit. It uses the platform of the Parliament, the press and other means of mass
media for criticizing the policies of the Cabinet. It always forces the Cabinet to defend its policies
before the people. The Cabinet always takes the challenge of the opposition most seriously because
any lapse in this direction can swing the public opinion in favour of the opposition. It can lead to a
defeat in the next elections. Thus, the existence of an organised opposition serves as a big check on
the powers of the Cabinet.
7. Role of Interest Groups and Pressure Groups. In Britain, there are several well organised
and well-functioning interest groups and pressure groups. These groups are very active and alert
actors that they never allow the government to ignore their interests. Often, these are in a position
to influence the decision-making by the Cabinet in their favour. They act as formidable safeguards
against possible excesses of the government.
From the above discussion, it becomes clear that though the Cabinet is a very powerful body,
it is neither a dictator nor can it become so because it is a democratic body which is directly
responsible to the House of Commons and ultimately to the electorate. On the other hand, the
opposition checks the process of exercise of power by the British Cabinet.

1.6.4. THE PRIME MINISTER OF BRITAIN

The office of the Prime Minister is the strongest office in the British constitutional system,
which any citizen can occupy by virtue of his qualities. The Prime Minister is the key-stone of the
cabinet arch. He is the real centre of power and the real executive head of the Government of Great
Britain. The whole administration of the government continues to revolve around the office of the
Prime Minister. The working of this office depends mostly upon conventions. There are only a few
written laws which describe his powers and position.
Two main Conventions governing the office of the Prime Minister
(a) Prime Minister is the leader of the majority party in the House of Commons. Legally, it is the
prerogative of the King to appoint the Prime Minister. But, in practice, the King has no choice. He

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has to appoint the leader of the majority in the Parliament i.e. the House of Commons as the Prime
Minister and upon his advice, all other ministers. Only in exceptional circumstances e.g., at the time
of a constitutional crisis arising out of non-existence of a party with a clear majority in the
Commons, can the King use his discretion in the appointment of the Prime Minister.
(b) Since 1923, a convention has been in existence that the Prime Minister must be a member of the
House of Commons. A member of the House of Lords is not appointed as the Prime Minister. This
convention got firmly established and it is a respected convention.

1.6.4.1. POWERS AND FUNCTIONS OF THE BRITISH PRIME MINISTER

The office of the Prime Minister is the most powerful office under the British Constitution.
The following are the major powers and functions of the British Prime Minister:
1. Formation of the Cabinet. After the election, the King appoints the leader of the majority
party as the Prime Minister. After assuming his office, the first function of the Prime Minister is to
prepare the list of the persons whom he wants to be appointed as ministers. He then submits the list
to the King who acts accordingly and appoints them as ministers. But, while selecting his team of
ministers, he has to keep in mind certain points- to accommodate all the important leaders of his
party; to satisfy all the internal groups within the party, to give representation to all the regions; to
select suitable persons for several specialized fields ; to appoint some of the ministers from the
House of Lords ; to satisfy the ambitions of the senior party leaders who have the potential to
replace him, and to keep satisfied all coalition partners in case he is heading coalition cabinet.
2. Distribution of Portfolios. The Prime Minister distributes the portfolios among the ministers.
He decides who shall be a Cabinet Minister or a Minister of Cabinet Rank or a minister of another
category. He determines the size of his Cabinet and selects his Inner Cabinet. He can change the
portfolios of the ministers at any time. The King always accepts the changes suggested by the
Prime Minister.
3. Removal of Ministers. Theoretically, the ministers hold office during the pleasure of the King.
But, in actual practice, they hold office during the pleasure of the Prime Minister. A minister
remains in office only as long as he agrees with the Prime Minister and the latter wants him to be in
his team. A minister has to resign the moment the Prime Minister shows displeasure with his work
or disapproves of his conduct. The Prime Minister can ask any minister to tender his resignation
and the minister has to obey. He can get any minister removed by the King. But such an action is
seldom needed because a minister always tenders his resignation whenever he comes to know that
the Prime Minister wants him to quit. At any time, the Prime Minister can reconstitute the Cabinet
either wholly or partially. He can drop any previous minister and can have a new team. He can
tender his resignation, which means the resignation of all the ministers.
4. Functions as Chairman of the Cabinet. The Prime Minister is the leader of the Cabinet. He
presides over its meetings. He prepares the agenda of the meetings. He decides which other
minister, besides the Cabinet Ministers, will attend a particular meeting of the Cabinet. The Cabinet
takes all decisions either by consensus or by majority. The Cabinet cannot take a decision against
the wishes of the Prime Minister. Almost all the decision-making or policy-formulation bears a
stamp of his views and decisions. The Prime Minister can lay down the policy of the government or
any of its departments. The Cabinet works under the supervision, guidance and control of the Prime
Minister.

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5. Functions as Chief Coordinator and General Manager of the State. The Prime Minister
manages the affairs of the government and coordinates the working of all departments. In case, any
misunderstanding comes up among the ministers, he is responsible to resolve. As the chief
coordinator of the government, he creates the Cabinet committees to coordinate the functioning of
various government departments. He can act as chairman of any such committee. If these
committees failed to do what is needed to be done, he intervenes and resolves the conflict. He is the
supervisor, guide and controller over all departments. He can hold the charge of any department or
departments.
6. Chief Advisor to the King. The Prime Minister is the chief advisor to the King. The King
always acts upon the advice of the Prime Minister on all matters. The ministers can meet the
Monarch only with the prior knowledge of the Prime Minister. The King considers the advice given
by the Prime Minister as final. The Prime Minister prepares the “Speech from the throne”, which
the King reads at the time of the opening of a session of the Parliament.
7. Main Channel of Communication. The Prime Minister is the main channel of
communication. All important decisions and policies are announced by him. He is responsible to
inform the King of all the decisions of the Cabinet and the state of administration in general. The
King can seek any information from the Prime Minister. He is the chief and the most authentic
spokesman of the government. His views are considered the views of the government.
8. Dissolution of the Cabinet. The Prime Minister can dissolve the cabinet through the King. He
can, at any time, submit his resignation, which really means the resignation of the entire Cabinet. If
a vote of no-confidence is passed against the Prime Minister by the House of Commons, it is taken
as a vote of no-confidence against the entire Cabinet which resigns forthwith. The Cabinet lives and
dies with the Prime Minister. He is central to the life and death of the Cabinet.
9. Functions as the Leader of the Majority Party or as leader of the Coalition Group. The
party which gets a majority in the election owes its success to the personality and work of its leader.
The leader of the majority party then becomes the Prime Minister. He acts as the leader of the
government as well as the leader of his party. When the Prime Minster heads a coalition cabinet, he
is responsibility to keep the parties united behind his leadership. While in office, he works to
maintain the solidarity of his party or his coalition group, which is the real and dependable strength
of his government. It is his supreme responsibility to keep the public opinion in favour of his party,
without which the party can never hope to maintain its majority.
10. Leader of the Parliament. The Prime Minister acts as the leader of the House of Commons
which virtually makes him the leader of the Parliament. He takes active part in the proceedings of
the Parliament. The King summons the sessions of the Parliament on the advice of the Prime
Minister. The agenda for the meetings of the two Houses is prepared in consultation with him. He
decides about the time of adjournment and prorogation of the sessions of the Parliament. He
decides which minister will introduce and pilot which bill in which House of the Parliament. He is
responsible of answering and silencing the criticism of his governmental policies by the opposition.
He can seek a vote of confidence in the House and prove his majority and right to carry out his
policies.
11. Power of Dissolving the Parliament. The power of the King to dissolve the House of
Commons is, in reality, exercised only on the advice of the Prime Minister. Prime Minister alone
has the right to decide about the dissolution of the House. He can use it as a threat to secure support
of the House for his policies. He can use it to secure a fresh mandate from the people. The Prime

42
Minister’s right to dissolve the House is a source of fear and threat to the members of the
Parliament whether of the majority or of the opposition.
12. Appointment-making Powers of the Prime Minister. All major appointments are performed
in the name of the King by the Prime Minister. He is the person who really makes all other major
appointments— Ambassadors, Justices, Lord Chancellor, Chairmen and numbers of various
statutory commissions. All key appointments are made by him. The final choice in respect of all
promotions of the civil servants rests with the Prime Minister.
13. Power of Conferring Honours. It is the prerogative of the King to create peers and nominate
members of the Privy Council for honouring distinguished persons of British society. The King
performs this function on the advice of the Prime Minister. All civil, military and ecclesiastical
honours are conferred by the King upon the recommendations of the Prime Minister.
14. Role in National Emergencies. During national emergencies, the powers of the Prime
Minister increase tremendously. He can personally act without the cabinet if the situation demands.
In times of war, he is responsible to lead the nation to victory. During a national Emergency or a
war, he acts as the leader of the nation and takes all essential steps to gear up the administration of
the government to make it capable of facing the emergency boldly and successfully. He can reduce
the size of the Cabinet or decide to have a national Cabinet to effectively pursue strong policies that
are needed to meet an emergency.
15. Role in International Relations. The foreign affairs department of the government is headed
by the foreign minister, called the Foreign Secretary, who is responsible to manage this department.
However, as head of the government, the Prime Minister plays a key role in international relations.
In this task, he is helped by the foreign minister and the civil servants. He attends all important
international conferences. He establishes personal contacts with the heads of states and
governments of other countries. He gives a direction to the bilateral relations between Britain and
other countries. He is actively involved in international diplomacy. He makes authoritative
pronouncements of his government’s policy in respect of all international matters. He is responsible
to uphold and secure Britain’s national interest in international relations.

1.6.4.2. POSITION OF THE BRITISH PRIME MINISTER

The Prime Minister occupies a very important position in the British constitutional system.
He is the central force in the organisation of the Cabinet. As the head, he forms the ministry. All the
ministers are appointed by the Prime Minister and they remain in office during his pleasure. He is
the leader of the Cabinet, the leader of the majority party, the leader of the nation and the chief
advisor to the King. He plays a very active and powerful role. No statute or law defines his powers
and functions yet, on the basis of well established and respected conventions; he exercises a large
amount of executive power and plays a key role in the legislature. He performs a large number of
important functions in national and international spheres. The Cabinet works under his control. He
gives order, cohesion and strength to the Cabinet, to his party and to the nation at large.
However, he is neither a dictator nor can behave like a dictator. Prime Minister is a political
leader, a democratic leader and, a responsible and accountable ruler of the state. His real strength
depends upon his democratic attitude and good personality. Herman Finer has rightly opined that
the Prime Minister is firmly there in the saddle of power but whether he proves worthy of a charger
or a hack depends upon his abilities. He can be a good rider or a bad one. It is his function to lead
the nation towards the goals of development and strength. Such a function can be performed only if

43
he is a man of personality with sound qualities of head and heart. He is to be a man of vision,
foresight, initiative, drive and, political and administrative acumen (intelligence; wisdom) to
become a strong Prime Minister. Only when he is a man of high qualities, he can discipline and knit
his cabinet into a team to effectively discharge their duties in the administration of the government.
He can establish his control over others only by his efforts and deeds.
As such, the Prime Minister is Sui Generis. Much depends upon his personality as well as the
personalities of his colleagues in the cabinet, the strength of his party in the House of Commons,
the political environment of the country, the personality of the leader of the Opposition and several
other factors. He can be strong only if he has the ability to be strong.

1.7. BRITISH CIVIL SERVICE/BUREAUCRACY

In Britain, the Civil Service is the permanent and professional branch of the executive. It is
professionally trained, expert and permanent class of civil servants. The civil servants are
politically neutral and therefore, they cannot support any political party which comes to power.
They run the administration of the government departments in accordance with the policies of the
Cabinet. They work under the ministers who are political heads of the government departments.
They provide expert knowledge and valuable assistance to the ministers. Without them, the
government policies and decisions can neither be formulated nor implemented. The civil servants
carry out the day to day administration of the government. Hence, Ogg and Zink rightly said that
they are “the persons who translate law into action in every comer of the land and bring the national
government close to the people.

1.7.1. Organization of the British Civil Service

The British Civil Service is divided into two groups- industrial staff and non-industrial staff.
We are concerned with the non-industrial staff.
The non-industrial staff is further divided into three categories:
(i) Administrative class,
(ii) Executive class, and
(iii) Clerical class.
The Administrative class is the top level. It determines the policy, coordinates and improves
the machinery of the government, and controls the government. The Executive class is the next
level. It serves as the link between the Administrative class and the Clerical class. It supervises the
work of the clerical class. It covers everything between the other two classes. The last level is the
Clerical class. This class includes all the employees who are carrying out clerical, typing,
accounting, record-keeping and other such works in the government departments.
Each class stands further subdivided in several grades, each with their appropriate levels of
pay and responsibilities. Besides these three general classes of civil service, certain specialist
classes (professional, technical and legal), e.g. the Scientific Service Inspectorate, exist separately
but alongside the general ones.

1.7.2. Recruitment to the Civil Service

The recruitment to the civil service is organized by an independent statutory civil service

44
commission. It is done on the basis of open competition and merit system. The essential features of
the method of recruitment of civil servants are as under:
a. It is a competitive system of recruitment.
b. The highest managerial grades, the administrative class, and the higher professional and
scientific classes of service, recruit entrants on the basis of university degree level qualifications
combined with an elaborate testing and interviewing system. The lowest levels are recruited on
the basis of examinations and interviews geared to the minimum school leaving age and the
executive class by examinations for grammar school and less highly qualified university
graduates.
c. The candidates for the general non-industrial class service are expected to be generally educated.
They are expected to be “generalists” and not “specialists”.

1.7.3. Features of the British Civil Service

a. It is a hierarchically organized civil service and the three main levels are Administrative Class,
Executive Class and Clerical Class.
b. Along with these three general classes, there are several specialist (professional, technical and
legal) classes.
c. The civil service is a non-political and professional class of employees of the government.
d. It is characterized by a high degree of professional expertness and impartiality.
e. The administrative class is responsible for the determination of policy and coordination of the
work of the government.
f. The minister is the head of the department and is responsible to the Parliament for the affairs of
his department. The civil servants working in the department are accountable to the minister and
not to the Parliament.
g. Excepting the employees of the specialized services (professional technical and legal) the civil
servants are ‘generalists’.
h. They are recruited through open competitive examinations and the basis of selection is merit.
i. Each of the three main classes is divided into grades.
j. An autonomous civil service commission of the civil service department of the government is
responsible for the recruitment of civil servants.

1.7.4. Functions of the British Civil Service

a) The administrative class is to help and advise the ministers.
b) To implement the policies of the government
c) To carry out the day-to-day routine administrative work in the government departments
d) To help the ministers in preparing drafts, bills, policies etc., and to prepare systematic record
e) To collect vital socio-economic data, which helps the process of policy-formation by the Cabinet
f) To carry out in practice the welfare, social security, and developmental plans of the government
g) Civil servants play a key role in the process of delegated legislation and administrative
adjudication
h) To provide expert, professional and technical advice to the ministers
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i) To present objective, impartial and expert opinion on various matters.

1.7.5. Role of the Civil Service

The civil service satisfies the need for continuity in administration. The governments change
at regular intervals but the civil servants are permanent employees of their departments. To each
new government they provide authentic account of the activities of the previous government, the
projects which are still waiting to be completed and the priorities which need immediate decisions.
The civil servants help the Prime Minister in the discharge of this function. The civil servants
always help the ministers and the Prime Minister to work their departments smoothly and
efficiently. To performance their functions, the civil servants have to depend upon their own
knowledge and abilities. They have to satisfy the political whims and aspirations of their ministers.
They have to carry out the work of administration effectively. They must have a general ability to
understand and allow for interaction of the three elements (to think out a policy, to put that policy
into legislative form and to translate the policy into action) in the formulation and execution of
government policies.

1.8. BRITISH PARLIAMENT

1.8.1. Sovereignty of the British Parliament
British Parliament had its origin in 1295 during the reign of King Edward I. It is the “oldest
Parliament” in the world. It has been described as the “Mother Constitution” and the “most
powerful constitution” in the world. It is a bicameral body. British Parliament became a sovereign
parliament in the 17th century.
The British parliament, which legally means the King-in-Parliament (which means the King,
the House of Commons and the House of Lords), is legally sovereign. It can make, amend and
unmake any law on any subject. No person or institution can reject or over ride the laws made by
the parliament. Only the parliament can make any law and amend or unmake any law made by the
previous parliaments.
Dicey has given three aspects to explain the meaning of the sovereignty of the British
Parliament. They are;
1) The Positive Aspect: In its positive aspect, the British Parliament (King-in-Parliament) can
make or unmake any law on any subject. It has unlimited law-making power on all subjects. There
is no constitutional limitation on the scope of its law making power. It can regulate its own
organization. It can enlarge or limit its tenure. It can change the existing laws. The positive
dimension of the sovereignty of the Parliament implies the power to amend or reject any law, any
rule of common law, to override any decision of the courts and to make any established convention
illegal. De Lolme observes, “The Parliament can do everything except to make a woman a man and
a man a woman”.
2) The Negative Aspect: The negative aspect of sovereignty of British parliament is that the
British parliament has the power to set aside or override any law or rule whatever, but no other
person or institution has the power to limit or reject the laws of the parliament.
There is no judicial review in Britain: The court does not have the power to determine the
constitutional validity of the laws made by the parliament. The word of the parliament is the law.

46
The law of the parliament is final. No law of the parliament can be declared unconstitutional by the
court. The courts have to accept all the laws of the parliament as valid.
Monarch’s Veto has become obsolete: There was a time when the Monarch used to have the
power to veto any bill passed by the parliament. However, the king’s veto has become obsolete
today. He never exercises his veto on laws made by the parliament. He signs the bills passed by the
parliament and these become laws. He cannot reject or suspend any law whatever.
The Constitutional Aspect: As Britain has no written constitution, the parliament possesses
unlimited constitutional power. The parliament is both a legislature as well as a constituent
assembly. It can introduce any change in the constitution by any of its laws. It can make any law,
ordinary or constitutional, by a simple majority.
Thus, the Sovereignty of the Parliament is complete in its three dimensions; Positive,
Negative and Constitutional. Parliament has the law-making jurisdiction over every person, every
place and every subject. It has the power to enact any law on any subject and that becomes binding
and remains so till the time the parliament wishes to retain it. It has unlimited law-making and
constitution amending powers.

1.8.2. THE BRITISH HOUSE OF LORDS

The House of Lords is the upper, permanent, nominated, hereditary and less powerful house
of the British Parliament. It is not only the second but also a secondary house. The powers of the
British Parliament are almost entirely, in the hands of the House of Commons. The House of Lords
is only a delaying, revising and helping house. It represents special classes and interests. It is a
permanent house with a large number of members. Most of its members are not really interested in
their work.
A. Membership of the House of Lords
The membership of the House of Lords is not fixed. Under the Life Peerage Act 1958, the
King can create any number of new peers, both hereditary and life peers. Under the Reluctant Peers
Act 1963, any peer can now relinquish his peerage. Consequently, the membership of the House
always keeps on changing. According to an Act passed in 1999, the House of Lords has a total of
725 as its members with 92 Hereditary peers. Presently, there are about 800 members in the House
of Lords. Currently, there are 782 active peers as its members. House of Lords has two types of
Peers as its members. They are
1. Temporal Peers: They are also known as ordinary peers. These peers are nominated peers
because they are nominated by the king on the advice of the Prime Minister. They are not
affiliated to political parties. They are non-party peers. This is why they are also called as
crossbench peers. The temporal or ordinary peers are classified into two (i) Life Peers and (ii)
Hereditary Peers. Life peers are those who continue to be members of the House of Lords till
their death. There are 665 Life Peers in the House of Lords. Hereditary Peers are those who
inherit their peerages from their fathers and grandfathers. Presently there are 92 hereditary peers
(including 2 women).
2. Spiritual Peers: These peers are religious office holders. They are the bishops and the
archbishops. The monarch nominates them to the House of Lords. Their number is 26.
B. Disabilities of the members of the House of Lords: the members of the House of Lords
cannot take part in the elections of the House of Commons. They do not have the right to vote or

47
contest elections.
C. Privileges of the Members: The main privileges of the Lords are as under:
a. The members enjoy absolute freedom of speech. No action can be taken against any members
for the words spoken during his speeches in the House
b. No member of the House of Lords can be arrested during the session of the House.
c. The Lords can directly go and meet the monarch and discuss matters of public interest.
d. Each member has the right to get recorded his dissenting opinion.
e. Under the Reluctant Peerage Act 1963, the new hereditary members have the right to
surrender their peerage and the seat in the House of Lords within 12 months of the inheritance
of their peerage.
D. Tenure: House of Lords is a permanent house. It has never been dissolved since its very
inception. The dissolution of the Parliament means dissolution of the House of Commons only.
House of Lords is immune from dissolutions.
E. The Presiding Officer, Lord Speaker: The members of the House of Lords elect one of its
members as the Lord Speaker. The Lord Speaker presides over the meetings of the House of Lords.
He acts as a neutral Chairman. He resigns his party-peerage and becomes a neutral presiding
officer. He now sits in the Woolsack. However, the members of the House of Lords continue to
address each other directly. The Lord Speaker continues to play a limited role as the Chairman of
the meetings of the House of Lords. At present Lord Fowler is the Lord Speaker.
F. Sessions of the House: House of Lords meets for four days in a week from Monday to
Thursday. The meetings are held in the evening and continue up to 8 p.m.
G. Quorum of the Meetings: The quorum of the House of Lords is fixed to three. However, no
Bill can be voted and passed unless at least 30 Lords are present.
H. Leave of Absence: By an order of 1958, the members of the House of 1ords can take leave of
absence if they do not want to or cannot attend the meetings of the House of Lords.

1.8.2.1. POWERS AND FUNCTIONS OF THE BRITISH HOUSE OF LORDS

The powers and functions of the House of Lords are explained under the following headings.
1. Legislative Powers: Before the passing of Parliament Acts 1911 and 1949, the House of Lords
enjoyed equal legislative powers with the Commons. But now it plays a minor and secondary role
in law-making. Today, nearly 90% of the bills are introduced in the House of Commons. When a
bill is passed by the Commons, it comes to the House of Lords. The Lords can delay the bill by one
year after which it is considered passed by the Parliament even if the Lords have not passed it.
House of Lords is only a delaying house in matter of legislation. Only some non- controversial bills
can be first introduced in the House of Lords. These become laws only when passed by the House
of Commons.
2. Financial Powers: The House of Lords has little financial powers. All Money Bills and
Budget are introduced only in the House of Commons. In financial matters, the House of lords has
no power. It cannot introduce a money bill. When a money bill is passed by the Commons, it can
only delay the bill for a maximum of 30 days. If there is any conflict as to whether a particular bill
is a money bill or not, the decision is given by the Speaker.
3. An Unduly Large Membership: House of Lords has around 800 members which stand
divided into some distinct groups. The large size and the “inner divisions” prevent the House of

48
Lords to be a unified and coherent House.
4. Uninterested Members: Most of the members of the House of Lords are not really interested
in its working. It becomes evident from the fact that the average attendance of its meetings is
around 200 out of a total of around 800.
5. Mostly a strong-hold of the Conservatives: A majority of its members used to be
conservative at heart and in action. Even today, its basic character and behaviour continues to be
quite conservative.
6. Reactionary House: As a house dominated by the conservatives, the House of Lords often
tries to check and delay the passing of progressive legislation. Its nature compels it to put brakes on
all efforts towards rapid socio-economic reforms. Hence it works as a reactionary house.
7. Undemocratic and Irresponsible House: The House of Lords is undemocratic in its
composition because none of its members is an elected representative of the people. The House is
immune to dissolution and hence to popular control. Its non-representative character makes it an
irresponsible house.
8. Delaying House: The House of Lords is a source of inefficiency because of its role as a
delaying house. It can delay every non-money bill for period of one year and a money bill for thirty
days. Delay in law-making always lessens the efficiency of the Parliament as well as of the Cabinet
which has the responsibility to run the administration by enforcing laws.
9. Powerless House: The House of Lords is a powerless house. It cannot prevent the House of
Commons from passing both money and non-money bills. It can only delay bills as it has lost
almost all its power and works only as a secondary house.
10. Harmful House: the House of Lords is dominated by the rich, the clergy, the barons and the
conservatives. It is a partisan house and therefore, its activities are often harmful to the democratic
nature of the British political system. The House negates the spirit of democratic politics by acting
as reactionary brakes on the democratically elected and national House of Commons.
On the basis of these arguments, the critics regard the House of Lords as a useless House.
They favoured a complete transformation of this House into a healthy, active and democratic house.
The ruling Conservative-Liberal Democratic Coalition is committed to reform the House of Lords
and make it a democratically constituted representative second house of the British Parliament.

1.8.2.2. ARGUMENTS IN FAVOUR OF HOUSE OF LORDS

Several supporters of the House of Lords accept its weaknesses but advocate its continuance.
1. The House of Lords acts as a Revising House: Unlike the Commons, the members of the
House of Lords are neither politician nor depend upon any party for their seat in the House. They
discuss and revise the bills objectively. They judge the measure on merits.
2. Even Delay made by the House of Lords is useful: No doubt the House of Lords is a source
of delay in law-making. Yet this delay is a blessing in disguise. The delay provides an ample
opportunity to the people to think well before taking a decision.
3. Reduces the Work of the House of Commons: The House of Lords plays a useful role when
the scope of legislation increased tremendously. It lessens the burden of the House of Commons. Its
abolition would definitely further increase the burden of the Commons.
4. House of Experience and Talent: The members of the House of Lords are experienced, able

49
and talented. Such persons are nominated by the Crown as its members.
5. High Quality of Speeches: The quality of speeches in the House of Lords is mostly very high.
The speeches are marked by a high degree of objectivity, impartiality and academic excellence. The
factors which contribute such quality are: (i) the presence of experienced and talented persons in
the House; (ii) lack of partisan politics and politically surcharged atmosphere in the House; and (iii)
adequate time at the disposal of the House.
6. Helpful for British Democracy: The nature of composition and the working of the House of
Lords indirectly favour the progress of the democratic political process of Britain. By giving
representation to the rich, the clergy and the feudal nobility, and by keeping them away from
participation in the elections to the House of Commons, the House of Lords really keeps limited
their intervention in democratic politics. It poses no danger to the democratic system. Rather it is a
part and parcel of this system.
7. Checks hasty and ill-considered Legislation: The hereditary and conservative character of
the House of Lords, in practice, is very useful as it acts as a brake on possible radicalism of the
House of Commons. It serves as a useful brake against hasty and ill-considered legislation.
8. Historical support for the House of Lords: The House of Lords, one of the ancient most
institutions continue to live even today not only because of their usefulness but also because of the
emotional and sentimental attachment of the people. The House of Lords is one such institution. It
has a long history of glorious traditions. It has a place in the heart of the British supporters and this
is evident from the fact that almost all sections of society favour its continuance. This is perhaps the
biggest reason for its survival.
Conclusion: On the basis of all these arguments, the supporters of the House of Lords advocate its
continuance as: (1) the second chamber of the British Parliament; (2) a traditional part of the British
political culture, and (3) a useful part of the British political system as a whole. Nevertheless, they
fully accept the need for reform of the House of Lords but they do not subscribe to the view that it
should be ended. They accept the need to amend it.

1.8.3. THE BRITISH HOUSE OF COMMONS

The House of Commons is the lower, popular, directly elected and really powerful house of
the British Parliament. It is a national and representative house of Britain. It represents both popular
sovereignty as well as the supremacy of the Parliament. The British House of Commons exercises
almost all the powers of the British Parliament.
1. Composition of the House of Commons: The House of Commons consists of 650 members.
The members are directly elected by the people. The sovereign law-making power of the parliament
is really used by the House of Commons.
2. Qualification for Membership: Any person with the following qualifications can become a
member of the House of Commons:
a) A citizen of Britain.
b) Not less than 21 years of age.
c) His name shall appear in the electoral register of voters which is revised every year.
d) Hold no office of profit under the government.
e) Aliens, members of the House of Lords, Clergy of the Roman Catholic Church, Clergymen

50
 belonging to the established Church of England, Scotland and Northern Ireland, lunatics,
insolvents, and criminals undergoing punishment, persons declared ineligible under the House of
Commons Disqualifications Act (1957) and the Civil Servants cannot become its members.
3. Qualification of a voter in Election: All adults who have attained the age of 18 years or
above and whose names appear in the register of electors can exercise their right to vote.
4. Elections: The members of the House of Commons are directly elected by the people. The
election is based on one person one vote, secret ballot, single member constituencies and simple
majority or relative majority vote victory system. In each constituency, there are approximately
64000 voters. Delimitation of constituencies is done by a permanent commission after an interval of
a minimum of ten and a maximum of 15 years, Civil Servants and citizens serving in other
countries can vote by post. In some cases, proxy voting is also permitted. It is not compulsory for
the voters to exercise their vote.
5. Tenure of the House: The tenure of the House of Commons is 5 years. However, in actual
practice, the House usually gets dissolved after 4 or 4 and half years. The tenure begins from the
date on which the new House of Commons meets after the election. During an emergency, the
House can increase its tenure by one year. The House elected in 1910 continued till 1918 and the
one elected in 1935 continued till 1945 because of the two World Wars.
6. Compulsory Membership: The membership of the House of Commons is regarded as a
national duty. Hence, no member can directly resign his seat. If a member wishes to resign because
of some personal reasons can do so only indirectly. He applies to the Chancellor of Exchequer for
appointment as the Steward of the Children Hundreds or the Steward of the Manor of the North
stead. It is a sinecure post. The appointment order is issued by the Chancellor of Exchequer and the
member takes up the new assignment which is an office of profit under the Crown. This renders
him ineligible for continuing his membership of the House, and hence he loses his seat.
7. Sessions of the House: The Parliament meets at least once a year. The session of the House
usually begins in November and continues up to Xmas holidays. After these holidays, the session
again reopens and continues till the end of July with brief adjournments in between. The House
meets for nearly 175 days in a year. After elections, the session of the new House has to be
convened within two or three weeks. The House sits for five days in a week i.e., Monday to Friday.
The meeting begins daily at 2.30 afternoons and continues till late in the night.
8. Quorum: The quorum for the meetings of the House has been fixed at 40. No business can be
transacted unless at least 40 members are present in the House.
9. Salary and Allowances: A member of the House of Commons gets £ 81,932 annually as
salary. In addition, MPs are able to claim allowances to cover the costs of running an office and
employing staff, and maintaining a constituency residence and a residence in London.
10. Privileges of the House and its members: The members of the House of Commons enjoy the
following privileges:
a) Full freedom of speech on the floor of the House. No legal action can be taken against any
member for words spoken in the House.
b) Freedom from arrest in civil offences during the sessions of the House and 40 days before and
40 days after the session of the House.
c) The House alone can judge the qualifications of its members.

51
d) The debates in the House are regulated by the rules of procedure of the House and it is the final
judge in respect of these rules.
e) The House can punish any person whom it finds guilty of contempt of the House.
f) The right to publish or get published its proceedings belong to the House.
g) The House has the power to punish all such persons or associations as commit a breach of its
privileges.
11. Speaker as the Chairman of the House of Commons: In its very first meeting, the members
of the House of Commons elect one of its members as the speaker. The speaker presides over the
meetings of the House of Commons. His authority in the House is supreme and final. In the absence
of the Speaker, either the Chairman of the Committee on Ways and Means or one of the two
Deputy Speakers presides over the meetings.

1.8.3.1. POWERS OF THE BRITISH HOUSE OF COMMONS

The House of Commons exercises a large amount of powers. The powers of the House of
Commons are as follows:
1. Legislative Powers: The law-making on all subjects and for all the places and people is the
power of the British Parliament. In actual practice, this power is mostly exercised by the House of
Commons because the House of Lords is a virtually powerless house. Any bill, public or private,
can be introduced in the House of Commons. If it is passed, it goes to the House of Lords which
can only delay the bill. If it proposes some changes in the bill, it is for the Commons to accept or
reject the proposed changes. The bills which are first passed by the Lords can be passed or rejected
by the Commons. The House of Commons has the real and effective law- making power. Nearly
90% of the bills are introduced in the House of Commons. The final fate of a bill depends upon the
decision of the Commons and not on the Lords. No bill can be passed without the consent/approval
of the House of Commons.
2. Financial Powers: The Parliament is the custodian of the national purse. It passes the budget
and no tax can be levied and collected without its approval. In reality, these powers are totally in the
hands of the House of Commons. A Money bill or budget can be introduced only in the House of
Commons. When a money bill is passed by the Commons, it goes to the House of Lords which can
delay the bill for a maximum of 30 days, after which, the bill is considered passed by the
Parliament. If the House of Lords return the bill to the Commons with certain changes, it depends
upon the Commons whether to accept or to reject the proposed changes. In case of any dispute as to
whether a bill is a money bill or not, the decision is given by the Speaker of the House of Commons
and his decision is final. No appeal can be made against his decision. No tax can be levied or
collected without the approval of the House of Commons. The House of Commons allocates funds
for various departments of the government and maintains control over the financial activities of
these departments. Thus, the House of Commons is the real custodian of the national purse.
3. Executive Powers: The Ministers are individually responsible before the House of Commons.
The Cabinet is collectively responsible for all its policies and actions. The House of Commons has
the right to control the executive and enforce its responsibility. The following facts bring out the
executive powers of the Commons:
a) The Prime Minister always belongs to the House of Commons.

52
b) Nearly 90% of the ministers are taken from the majority party/coalition group members of the
House of Commons.
c) The executive gets all its finances from the House of Commons.
d) If any bill or budget or policy of the government is rejected by the House of Commons, it is
taken to be a vote of no-confidence against the ministry, and it has to resign forthwith.
e) The House of Commons can pass a vote of no-confidence against the Cabinet or the Prime
Minister which leads to the resignation of the entire ministry.
f) The members of the House of Commons can put questions and supplementary questions to the
ministers. Such questions have to be answered by the ministers.
g) The House of Commons uses devices like Call Attention Motion, Adjournment Motion, Censure
Motion etc., for controlling the executive.
h) The House of Commons can create investigation committees for investigating the work of
government departments.
i) The House of Commons can pass a Censure Motion or Cut Motion against a minister for any
departmental lapse and ask the minister in charge to resign from his office.
Thus, the House of Commons maintains a continuous control over the executive and prevents it
from becoming arbitrary in its policies and actions.
4. Judicial Functions: The judicial functions of the House of Commons are that it can
recommend the monarch to remove any judge. It has the power to punish persons who are
considered guilty of contempt of the House. It has the power to investigate all cases involving
breach of privileges of its members, and to punish the guilty.
5. Constituent Functions: The British Parliament is both a legislature and a constituent assembly
rolled into one. It can pass a constitutional law in the same manner as an ordinary law. This power
of passing a constitutional amendment is really in the hands of the House of Commons.

1.8.3.2. SPEAKER OF THE BRITISH HOUSE OF COMMONS

The House of Commons conducts its business under the chairmanship of the Speaker. The
Speaker presides over the meetings of the House of Commons. He speaks for the House but he does
not speak in the House unless it is totally inevitable. His main function is to let the members speak
in the House in a systematic and orderly way. He takes no part in the debates and deliberations of
the House. He remains detached from the political battle between the majority party and the
opposition that continuously goes on in the House.
1. Qualifications: To be elected as the Speaker, one should be a duly elected member of the House
of Commons. In practice, only an experienced, able and non-controversial member, mostly from
the back benches, is chosen for this office.
2. Election of the Speaker: The convention says, “Once a Speaker always a Speaker”. This is
respected and adhered to. In other words the Speaker can be re-elected even if the party in power
changes. In case the Speaker decides to resign or his office becomes vacant due to death or physical
incapacity, election is held for electing a new speaker. For this, the leader of the majority party
nominates a person from the non-controversial back bencher after consulting the leader of the
opposition party. After this, a formal election takes place.
3. Tenure: The tenure of the Speaker is 5 years. He continues to remain in office till the new

53
Speaker is elected. But in practice, the convention, “Once a Speaker always a Speaker” allows him
to remain in office for a very long time.
4. Removal of the Speaker: The Speaker can be removed by the House by passing a resolution.
He can also be removed if he renders himself ineligible for the membership of the House of
Commons. He can give his resignation at any time.

1.8.3.3. FUNCTIONS AND ROLE OF THE SPEAKER

The functions and role of the Speaker are given below
1. Presiding over the Meetings of the Commons: The Speaker presides over the meetings of the
House and directs its business and proceedings. All the speeches in the House are addressed to “Mr.
Speaker”. The Speaker speaks only to maintain order in the debates and his call for order is always
respected. He fixes the order in which the members have to speak. The required quorum is decided
by him. Whenever there is lack of quorum, he can suspend the business of the House.
2. To Conduct the Business of the House: Speaker conducts the debates in the House. He fixes
the agenda as well as the time limit for discussion. He makes sure that adequate opportunities are
given to the members of different sections to express their views. He conducts the debates in a just,
fair and impartial manner and allows both the supporters and opponents to give their views. He
decides when and how a debate is to be closed. In case of shortage of time, he can enforce the
Kangaroo closure method. He asks the members to put their questions to the ministers and calls
upon them to reply these. Whenever a number of persons simultaneously rise to speak, the speaker
decides the order in which each of them will speak. His ruling has to be respected by all the
members.
3. To Maintain Discipline in the House: It is the responsibility of the Speaker to maintain
discipline, order and decorum in the meetings of the House. He can admonish the unruly members,
name them and if they still persist in creating disturbances or indiscipline, he can order them to
leave the House. He can even suspend them for some time from the meetings. In case the unruly
members refuse to obey his orders, he can ask the Sergeant of the House to remove them. In case of
serious disorders, he can suspend the meeting of the House.
4. To ensure the use of Parliamentary Language: The members of the House are expected to
use parliamentary and decent language in the House. In case any member fails to maintain decency
or decorum and uses objectionable words, the Speaker can reprimand him and order that his
remarks or certain words used by him be expunged from the proceedings of the House.
5. To interpret and apply the Rules of the House: The Speaker has the right to interpret and
apply the rules of procedure of the House. The debates in the House and its entire business have to
be conducted in accordance with the rules and orders of the House. He is the final judge of these
orders and no one can question him. He settles all ‘points of order’ raised by the members.
6. To admit or Reject Motions: It is the supreme right of the Speaker to admit or reject the
motions which are tabled by the members. He is the final judge as to whether an adjournment
motion or a call attention motion or a censure motion or a no-confidence motion has to be admitted
or not. If admitted, he fixes the date and time for discussing the motion. Here again, his ruling is
final.
7. To Certify Money Bills: Under the provisions of the Parliament Act 1911, the Speaker has the

54
power to certify in all cases of conflict as to whether a particular bill is money bill or not. His ruling
cannot be challenged in any court of the law or elsewhere. By certifying a bill as money bill, he
ensures its introduction only in the House of Commons.
8. Taking of Votes and Announcing the Result: The Speaker decides when a measure is to be
put to vote. He decides whether the vote is to be a voice vote or a division. He judges whether the
voice vote favours or rejects a Bill. Whenever the House demands or he himself decides, he orders
a ‘division’ which is conducted under his supervision.
9. Right to give Casting Vote: In case of a tie in a voting over any bill, the Speaker gives his
casting vote and decides the issue. However, the Speaker uses this right only rarely.
10. To safeguard the Privileges and Dignity of the House: The Speaker is to protect the
privileges and dignity of the House and its members. After getting elected, he demands from the
King the grant of “the ancient and undoubted rights and privileges of the Commons.” His demand
is always accepted by the King. The Speaker always acts as the guardian and protector of the rights
and privileges of the members. Any person or institution who commits a violation of these rights
and privileges is punishable by the Speaker. He has the right to punish to punish the offender.
11. Sending of bills to Committee: the Speaker decides which bill is to go to which committee.
He appoints the chairmen of various committees out of the panel of names suggested by the
Committee of Selection.
12. Head of the Secretariat of the House: the Speaker acts as the administrator of the Secretariat
of the Commons. He can make and implement rules for the smooth working of the house. He
appoints those persons working in the secretariat of the House. He is responsible for the keeping of
the records. He accepts the resignations of the members and notifies the vacancies. He also selects
the parliament members to go abroad as delegations.
13. Link between the Monarch and the house: the Speaker represents the house on all ceremonial
occasions. The members of the house see the king only through the speaker.
14. To determine the business of the House: the Speaker consults the prime minister and fixes
the agenda for the meetings of the House of Commons. He regulates the working of the house.
Nothing can be placed before the house without his consent.

1.8.4. THE COMMITTEE SYSTEM OF THE HOUSE OF COMMONS

There are five types of committees of the House of Commons: (1) Committee of the
whole House (2) Standing Committees, (3) Select Committees, (4) Sessional Committees and
(5) Committees on Private Bills.
1. The Committee of the Whole House. All the members of the House of Commons are
members of this committee, except the Speaker. This committee considers all cases of
appropriation bills and all budgetary proposals. The ordinary bills which are of great
constitutional significance are discussed by this committee. The Chairman of the Committee
of the Whole House presides over the meeting. In the absence of the Chairman, the Deputy
Chairman of the Committee presides over the meeting. The committee meets with relaxed
rules of procedure. The discussions are absolutely free. The whole procedure is simple and
flexible.
After the Committee has discussed its agenda and finalised its report, the Speaker
returns to the House and the Chairman of the Committee submits “the Report” to the House.
55
With this, the House starts the discussions on the recommendations made therein and the
process of passing the measure step by step gets underway.
Standing Committees
The House can have a maximum of five standing committees. Out of these, one
Standing Committee is for discussing Private Members’ Bills and the rest four are for
discussing non-money bills. All the non-money bills go to the standing committees of the
House. These committees have to discuss the bill in details and compulsorily submit their
reports to the House. They only suggest changes or amendments in the bill and prepare a
report at the Report Stage. The Standing Committees cannot kill any bill by non-reporting.
Each standing committee has a Chairman who is appointed by the Speaker. Members of
all parties are included in the standing committees. Each Standing Committee consists of 20
members who are nominated by the Committee of Selection. When an important piece of
legislation is placed before the House, the Selection Committee can nominate 30 more
members and can be added to any of the Standing Committees. The maximum strength of a
standing committee has been fixed to 50. However, the Scottish Grand Committee consists of
all the 71 members of the House who represent Scotland together with not more than 15 other
members. Likewise, the Welsh Committee consists of 26 members of the House who
represent Wales together with not more than 25 other members. Both these committees deal
with bills related to their respective provinces.
2. Select Committees. A Select Committee is established by the House of Commons only
when investigation for law-making on a particular subject is needed. It can also be created for
considering a bill of technical nature and importance. Each Select Committee is an ad-hoc
committee and it gets dissolved after completing the assigned tasks i.e. submission of its
report on the concerned subject. Each Select Committee consists of not more than fifteen
members nominated by the House. The Chairman of a Select Committee is elected by the
members of the committee. (However, in the case of a Select Committee of the House of
Lords, the Chairman is appointed by the House itself). Each Select Committee works as a
semi judicial body. It holds sessions, examines witnesses and can order the submission of
documents to it. The report of the Selected Committee is usually published.
The House of Commons and the House of Lords can also create a Joint Select
Committee or Committees for considering any non-money bill relating to matters of national
importance or of a very technical nature. In this case, each House gets equal number of seats
in the Committee and both give specified powers to the Committee. A Joint Select
Committee submits its report to both the Houses and gets dissolved after accomplishing its
assigned task.
3. Sessional Committees. At the beginning of each session, Several Sessional committees
are established by the House of Commons which continue to work during its session. These
are:
a) The Estimates Committee. It consists of 20 members of the House representing the
proportionate strength of the parties in the House. It examines the estimates of expenditures
of various government departments. It can recommend measures for reducing the
expenditures and costs with a view to effect economy in spending, saving and financial
efficiency.

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b) Public Accounts Committee. It consists of 15 members representing the different political
parties in the House in proportion to their strength. Its chairman is always from the opposition
party. The Comptroller and Auditor General is its official advisor. It examines the audited
accounts of public expenditure incurred by various government departments. It plays a major
role in securing effective parliamentary control over the financial administration. The
government departments always fear this committee as it work as an instrument of legislative
control over the executives.
c) Committee on Standing Orders and Rules. This committee settles conflict over the
standing orders and rules of the House of Commons according to which the business of the
House is transacted. It can recommend amendment of these rules and orders.
d) Committee on Statutory Instruments. This Committee considers every statutory instrument
or draft of an instrument laid before the House. It reviews the delegated legislation and
reports excesses committed by the executive while exercising its power. It is expected to act
as an instrument of effective control over delegated legislation. It consists of 11 members. Its
chairman is always from the opposition.
e) Committee on Privileges. It consists of 12 members. It investigates all complaints
regarding the breach of privileges of the members of the House of Commons. It acts as a
semi-judicial committee and examines persons, papers and records. The Committee gives its
report to the House, and the report can be voted upon. Its role is to preserve the rights and
privileges of the House and its members.
f) The Committee on Nationalized Industries. This Committee supervises the financial
position of various nationalized industries. It is through this Committee that the House of
Commons maintains a control over nationalized undertakings.
g) Committee on Publication of Debates. The House has the sole right to get its proceedings
published in their correct and untainted form. The Speaker of the House is assisted by this
Committee.
h) Committee on Selection. It consists of 11 members. Its members are selected jointly by the
Prime Minister and the Leader of the Opposition. The function of this committee is to appoint
members to all other committees with the exception of the Committee of the Whole House,
which includes all the members of the House.
Besides these eight major Sessional Committees, the House of Commons has a
Committee of Parliamentary Commissioner for Administration which reviews the report
submitted by the Commissioner for Administration in respect of the complaints he receives
and the actions he takes.

4. Private Bills Committee. Every private bill, after its second reading goes to a Private Bill
Committee. If it is not opposed at the second reading, it goes to the Committee on Unopposed
Bills; otherwise it goes to the Committee on Private Bills. Each such Committee consists of 4
members of the House of Commons who are selected by the Committee of Selection. (In case
of the House of Lords, this committee consists of 5 members.) Each member of the
Committee has to make a declaration that he is not an interested party in the bill. It is again a
semi-judicial Committee which hears the arguments of the supporters as well as the
opponents of the bill and gives its decision to the House.

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 Through these five types of committees, the House of Commons carries out its work
systematically and efficiently. Likewise, the House of Lords also carries out its work through
several such committees. The legislative committees serve a very useful purpose by saving
the time of the two Houses and by providing a specialist touch to the legislative work.

1.8.5. PROCEDURE FOR PASSING NON-MONEY BILLS OR ORDINARY PUBLIC

BILLS
A non-money bill can be introduced either in the house of the commons or the house of
lords. After it is passed by one house, it goes to the other. Thereafter, it is sent to the monarch
for the royal assent. In order to discuss the Stages in which a non-money bill is discussed and
passed by a House, let us assume that it is introduced in the House of Commons.
1. Introduction and First Reading
The introduction of the bill is considered its first reading. A bill can be introduced: (a)
by a written notice, or (b) by a motion. In the first case, the minister who is to introduce the
bill gives a notice to the House which gets recorded. The Speaker, thereafter, fixes the day for
its introduction. On the fixed day the Speaker calls upon the minister to introduce the bill. In
the second case, the minister seeks the permission of the House to introduce the bill without
any advance notice. His motion is discussed and the House decides by a voice vote whether
the permission is to be given or not. Because the Cabinet enjoys the majority in the House,
the minister mostly gets the permission to introduce the bill. This is the usual way in which
most of the ordinary bills are introduced by the ministers.
The first reading of the bill is almost a formality. The minister reads the title of the bill
and gives a copy of the bill to the clerk of the House. The bill is then got printed, its copies
are given to all the members and the date for the second reading is fixed by the Speaker.
Usually no discussion takes place at the introduction stage. However, sometimes the minister
makes a brief speech in favour of the bill and an opposition member can oppose it in his
speech. The whole process takes not more than 10 minutes. In fact, the system is called Ten
Minutes Rule. Voting is done after a brief discussion. If the majority supports it, which is
always the case because of the majority enjoyed by the Cabinet, the bill goes to the Second
Reading.
2. The Second Reading
On the fixed day, the bill is taken up for the second reading. The minister, who had
introduced the bill, pilots the bill and opens the discussion by a detailed speech spelling out
and justifying the objectives and main principles of the bill. Thereafter, a debate is held in
which the supporters of the bill support and the opponents of the bill oppose the bill. If the
bill is rejected, it is taken as a vote of no-confidence against the cabinet. Therefore, the
majority party always supports the bill as the measure of the government.
The second reading takes three days. But no amendments are made or accepted at this
stage. This stage is a very important stage in the law-making process because if rejected, the
bill dies and if passed, it certainly becomes a law after going through the remaining stages.
3. Committee Stage
At the committee stage, a non-money bill mostly goes to one of the five standing
Committees of the House. At this stage, the bill is fully discussed and the committee

58
formulates its report incorporating the suggestions for changes if any. After the committee
has finalised its report, the bill is returned to the House.
4. Report Stage
At this stage, the Chairman of the concerned Committee places the bill and its report on
the bill in the House for a discussion. The House then discuss the in bill detail. If majority
supports, amendments are proposed, discussed, voted and incorporated. The passage of the
bill at this stage nearly completes the discussion on it by the House.
5. Third Reading
At this stage, the House reads the bill as a whole and only minor amendments in the
language of the bill are made to clarify its provisions. The bill, after getting clearance at this
stage, goes to the House of Lords.
6. Bill in the House of Lords
The bill goes through similar stages in the House of Lords. If the House passes it, the
bill goes to the Monarch for royal assent. If the House passes the bill with some amendments,
the bill goes to the House of Commons. If the Commons accept the amendments, the bill goes
for royal assent and becomes a law. If they reject these, the conflict is sought to be removed
through consultations with each other.
7. Royal Assent
A bill passed by the two Houses becomes an act when the Monarch gives his assent.
The bill becomes a law and gets notified in the statute book.

1.8.6. PROCEDURE FOR PASSING A MONEY BILL OR THE BUDGET

A money bill can be introduced only by the ministers and only in the House of
Commons. After the bill is passed by the Commons, it goes to the House of Lords which can
only delay the bill for a maximum period of one month. In case of a dispute as to whether a
bill is a money bill or not, the Speaker of the House of Commons decides and his decision is
final.
The procedure for passing a money bill can be discussed by explaining the procedure of
passing the Budget which is a money bill.

Preparation of the Budget

The Chancellor of Exchequer (Finance Minister) prepares the budget and gets the
approval of the Cabinet. After this, the budget is presented to the House which introduces it.
It is always introduced in the month of January or February. It must be noted that a Budget is
an account of the actual income and expenditure in the previous financial year and the
estimates for the coming financial year. The expenditure is divided into two parts: (l)
Expenditure on Consolidated fund. It is not subject to vote. (2) Expenditure on supply
service. Only this part is subject to vote by the House. The Budget involves a scheme of
appropriation i.e., authorization of funds to various government departments for the next
financial year and proposals for taxation.
1. Presentation of the Budget. The Budget Session of the Parliament opens with an address
of the Monarch. After that the Chancellor of Exchequer (Finance Minister) presents the
Budget. The Budgetary estimates are presented sometime around the middle of February.

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There is an ancient practice that the remedy of grievances must come before the grant of
money. Thus a brief debate on “grievances” takes place. Then the House transforms itself
into the Committee of the Whole House on Supply for discussing the bill.
2. The Committee of the Whole House on Supply. When the House is to transform itself
into this Committee, the Speaker goes out of the House and the Chairman of Ways and
Means begins presiding over the meetings. The Committee starts discussing and voting the
estimates of expenditure. The demands for grants are put forward by the ministers for their
respective departments. 29 days are spent on this exercise but as this period is not enough, the
House discusses and votes only the demands for grants of important departments individually
and of the rest collectively.
3. Committee of the Whole House on Ways and Means. After the completion of its
business as Committee of the Whole House on Supply, the House converts itself into
Committee of the Whole House on Ways and Means. This committee examines the financial
policy and gives approval to the expenditures approved by the Supply Committee. It also
discusses the sources of revenue as proposed in the budget.
4. Discussions on the Appropriation Bill. All the demands cleared by the Committee of the
Whole House are consolidated in the form of an Appropriation Bill. It then goes through
various stages in the House of Commons and gets passed. It is then sent to the House of
Lords which either approves it or at the most delays it by 30 days. In both cases, the bill
stands passed by the Parliament.
5. Finance Bill. All the taxation proposals of the budget to which the Committee of the
Whole House has given its approval are consolidated into a finance bill and introduced in the
House of Commons where it goes through several stages before getting passed. Thereafter, it
goes to the House of Lords which either passes it or delays its passing by one month. In both
cases, the bill is deemed to have been passed by the Parliament. The passing of the Finance
Bill completes the process of passing the Budget.
6. Vote on Account. The budget for the coming financial year has to be passed before the start of
the next financial year. In case its passing gets delayed, the government can seek a Vote on
Account from the Parliament. The Parliament adopts it and gives ‘Provisional Authority’ to the
government to spend a limited specified amount of money till the final passing of the Budget. The
authority is strictly provisional and does not in any way mean proper appropriation.

1.9. RULE OF LAW AND BRITISH JUDICIAL SYSTEM

The British judicial system is an independent and efficient system of administering justice. It
protects the rights and liberty of the people. British Judiciary has been acting as the instrument of
Rule of Law.
Rule of Law means supremacy of the law and absence of rule of any person. So long as
individual remains within the limits set by law, his rights and liberties are safe. Law is the highest
power of the land, and no one is above law. Law is the source of the powers of all government
authorities and they are fully bound by law. No one can disobey law. Anyone trying to violate a law
or anyone who violates a law gets punishment from the courts. All people in Britain enjoy equal
rights and equal protection of law and law courts. No one enjoy unlimited, arbitrary and wide
discretionary powers.

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 Rule of Law is against the rule of arbitrariness. State and administrative authorities cannot
arbitrarily impose their will on any individual. It is only by remaining within the limits of law and
the directions of law they can get their orders obeyed by the individuals.

1.9.1. MEANING OF RULE OF LAW (A.V. DICEY)

A.V Dicey has given three meanings of Rule of Law in Britain.
1. Supremacy of Law and Absence of Arbitrariness and Discretion: Dicey is of the opinion that
there is supremacy of law in England. An individual can be punished only for a breach of law which
is recognized by the courts.
2. Equality before Law: According to Dicey, Rule of Law means ‘Equality before Law’. No
individual, government official or an ordinary citizen is above law. Everyone, from the Prime
Minister down to a peon or a vendor is bound by the same law. In Dicey’s words, “Equality before
law means the equal subjection of all classes to the ordinary law of the land administered by the
ordinary court”. In England, there is no separate administrative court for government officials. The
same law and the same courts for all the individuals is in existence.
3. Law is the guardian of the Rights and Liberties of the People: While describing the third
meaning of Rule of Law, Dicey says that rights enjoyed by ordinary people in England are
determined by Common Law and not by any legal document. These are the results of the judgments
pronounced from time to time by courts. Constitution is a part of the Common Law of the land.

Criticism of Dicey’s View of Rule of Law

There are several exceptions to Dicey’s view of Rule of Law.
1. King is above Law: It is an accepted fact that in England, the “King can do no I wrong”,
which means that King can neither be held responsible for any action nor sued in any court. This
provision is not compatible with the concept of Equality before Law.
2. Use of discretionary powers is against the practice of Rule of Law: In England executive
authorities have also got discretionary powers which are not based on law, whereas the principle of
Rule of Law as defined by Dicey gives no place to discretionary powers.
3. Special protection to Government Servants: In England, a government servant can be sued
only within six months of doing anything wrong and if the case filed against him is dismissed by the
court, the plaintiff has to pay the entire cost of the case as a fine to the government servant.
4. Judicial Powers with Administrative Departments: Granting of judicial powers to the
administrative a department is against the system of Rule of Law.
5. British Laws are not applicable to Foreign Ambassadors: Foreign diplomats cannot be sued
under the British Law for any wrong done in British soil. This is an exception to the Rule of Law.
6. Special Position of the Judges: The judges in England enjoy special privileges. Even if they
go beyond their defined jurisdiction while exercising their judicial powers, no legal action can be
taken against them.
7. Special privileges to Trade Unions: In England, if a person is harmed by any action of the
trade unions, no action can be taken against the trade unions.
8. Military Courts for Military Personnel: Cases against military personnel can be only filed in
the military courts in which decisions are taken according to the military laws.
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9. Special Privileges of Members of Parliament: Members of Parliament cannot be sued for the
words said in the Parliament. Also, they cannot be arrested during the session of parliament.
10. Provision of Administrative Courts: Rule of Law has given no place to the provisions of
Administrative Courts. But in reality, establishment of Administrative Courts is increasing in
England.
11. Delegated legislation: The scope of delegated legislation is increasing day by day in the
country. Under this system, the British parliament the passes the laws in outlines and authorizes the
executive to complete the laws. This is how the executive has been concentrated with powers in the
making and implementation of laws.

1.9.2. SALIENT FEATURES OF THE BRITISH JUDICIARY

1. Supreme Court of the UK: Supreme Court of UK came into being on 1 st October 2009. It is
the Supreme Court of England and Wales, Scotland and Northern Ireland. It is the apex level Court
and the highest Court of appeals in the UK. It has 12 judges who are appointed by the British
Monarch on the advice of the Prime Minister. The Supreme Court hears appeals in all civil and
criminal cases which involve a question of public importance and law. It also hears issues relating
to the devolution of powers to Wales, Scotland and Northern Ireland (However, it does not hear
criminal appeals against the cases decided by Scottish Highest Court).
2. Absence of a Single Judicial System: In UK, there is absence of a single judicial system.
Judiciary of England and Wales is different from the judiciaries of Scotland and Northern Ireland.
So when we talk of the Judiciary in the United Kingdom, we mean primarily judiciary of England
and Wales.
3. Independence of Judiciary: In United Kingdom, there is independence of Judiciary. Judges
remain in office not during the pleasure of the executive but during their good behaviour. They can
be removed from office only when both houses of Parliament pass impeachment motion against
them and request the Queen to remove them. Judges are given high salaries so that they are free
from economic worries. The salaries of the judges are paid out of the Consolidated Fund. Their
salaries cannot be decreased during their tenures. Judges enjoy judicial Immunity. They cannot be
sued for any judgment pronounced by them.
4. End of the Status of House of Lords as the Highest Court of Appeals: With the
establishment of the Supreme Court in UK, the status of the House of Lords as the highest court of
appeals has come to an end. Britain has now a Supreme Court of 12 judges with the Lord
Chancellor as the minister of justice in the Br. Cabinet.
5. Bifurcation between Civil and Criminal Cases: In England, there are separate courts for
hearing civil and criminal cases. A criminal case is heard and decided by a criminal court and it is
always treated as a case between the Crown and the accused. A civil case is a dispute between two
persons or groups or institutions over property or breach of contract and the like. It is heard and
decided by civil courts.
6. Absence of Administrative Law Courts: Unlike France, there are no administrative courts in
England. Every one, ordinary citizens and civil servants, all are under the same law and the same
type of courts.
7. Absence of Judicial Review: The courts in England do not enjoy the right of judicial review.

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The British courts cannot reject a law passed by the Br. Parliament.
8. No one is criminal except when proved in a Court of law: In England, the courts believe in
the ‘Innocence of the Accused’ till the charge is proved. The accused gets the ‘Benefit of Doubt’.
No one is treated as criminal unless his crime has been proved before the court.
9. Rule of Law: Rule of Law is an important feature of the British judicial system. It means (i)
Everyone is governed by the same law (ii) A person is punished only for a breach of law, and (iii)
Law protects the rights and freedoms of every individual.
10. Jury System: Jury means a body of people discharging the responsibility of deciding the truth
of some claim. Members of the Jury are selected at random out of common people who are not in
any way concerned with the case being heard. Generally ten common persons from different fields
of activity are included in the Jury. The Jury assists the judges in taking decisions. In the criminal
cases, all courts which can award punishment of more than three months are tried by Jury.
11. Open Trial and Free Legal Aid for Poor: In England, there is open trial and everybody can
hear and observe the trial. The accused is punished not in any secret or closed room. Also, he is
provided full opportunity to defend himself. Provision has been made for providing free legal aid to
the poor and weaker persons under the Legal Aid and Advice Act, 1949.
12. Two Types of Lawyers: There are two types of lawyers in England— (i) Barristers, and (ii)
Solicitors. Barristers are those who have passed the ‘Bar Examination’. They, generally, appear in
higher courts. They argue the cases. Solicitors belong to second category of lawyers. They are those
who have passed the examination of ‘Law Society’. They act as assistants of Barristers. People
establish contacts with the Barristers only through them.
13. Three Types of Laws interpreted and used by British Courts: While deciding cases, British
Judiciary depends on three types of law. (a) Common Law. Common law has originated from
customs and traditions. When such laws are recognized as common customs by the Courts, they
take the form of common law. (b) Statutory Law. These are the laws which are passed by
Parliament with due process. These are written and are more authoritative. In case of clash between
a Common Law and Statutory Law, the Statutory Law is always given primacy, (c) Law of Equity.
Sometimes judges find such cases in which Common Law and Statutory Law provide no solution.
In such a situation, judges decide cases on the basis of their sense of justice i.e. equity.

1.9.3. ORGANISATION OF BRITISH JUDICIARY

Organization of British judiciary can be divided into two parts- organization of civil courts and
organization of criminal courts.
A. Organization of Civil Courts
1. County Courts: These are the lowest level courts. Each county has been divided into about 50
circuits and one judge has been appointed in every county. The Crown appoints those persons who
have seven years experience as a barrister as judges. All cases of the value of £ 500 or property
worth of £ 500 are brought before the County Courts.
2. Supreme Court of Judicature: Above the County Courts is the Supreme Court of Judicature
which has been divided into two parts:
a) High Court of Justice: This court hears appeals against the decisions of the County Courts.
Its judges are appointed by the Crown on the advice of the Lord Chancellor. They have life

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 tenures. Cases concerned with an amount of more than £ 500 can be filed directly in this
court. High Court of Appeal performs its functions through the following three divisions.
(i) High or Queen’s Bench: This Bench has one Chief Justice and twenty five other judges.
It hears cases relating to Common Law.
(ii) Chancery Bench: This Bench consists of one Lord Chancellor and six other judges.
Lord Chancellor is the President of this Bench. Cases relating to Law of Equity are filed
in this Bench.
(iii) Probate, Divorce and Admiralty Bench: This Bench includes one presiding officer and
two other judges. It hears cases relating to Probates, Divorce and Admiralty.
b) Court of Appeal: The second part of the Supreme Court of Judicature is the Court of Appeal.
It includes a Chief Justice and eight other judges. The Chief Justice is called ‘Master of
Rolls’. This court hears appeals against the decisions of the County Courts and High Court of
Appeal.
3. Supreme Court of UK: Supreme Court of UK is the highest court of appeals. An appeal
against the decisions of the Court of Appeal can be filed in the Supreme Court of UK. Its judgments
are final and binding on all courts.

B. Organization of Criminal Courts

1. Magistrate’s Court or Court of Justice of Peace: This is the lowest level court for
hearing criminal cases. Each such court has 2 to 7 judges. In small towns and villages, these courts
are called ‘Courts of Justices of Peace’ and in the big cities, the Magistrate Courts. Generally, their
judges are not paid any salary. However, the judges of the courts situated in big cities are given
salary and that is why these judges are called ‘Stipendiary Magistrates’, These courts hear cases
relating to minor disputes and can award punishment of 14 days imprisonment and a fine of £ 20.
2. Petty Session/Summary Jurisdiction Courts: Petty Session Court is right above the
Magistrate’s Court. This court has 2 judges. Appeals against the decisions of the Magistrate Courts
and cases relating to theft, making attempt on life and causing injury and violation of traffic rules,
can be filed directly in these courts. This court can impose fines ranging from £ 50 to £ 100 and
sentence a person to imprisonment up to six months.
3. Courts of Quarter Session: These courts include all Justices of Peace of a county. These
courts hear cases quarterly and that is why these are called Courts of Quarter Sessions. These courts
decide cases with the help of the Jury. Both cases of appeal as well as original cases can be filed in
this court. All criminal cases except cases relating to murder, treason and some other serious
offences can be filed directly in this court and the appeals against the decision of Petty Session
Courts can also be made in these courts.
4. Court of Assizes: Courts of Assizes are the branches of High Court of Justice. These
courts are presided over by one of the judges of the High Court of Justice. The judges of these
courts tour the country to hear criminal cases and hear cases relating to murder, bribery and treason.
Such courts decide cases with the assistance of the Jury. In London, there is Central Criminal
Court, in place of this court. It is also called ‘Old Bailey’.
5. Court of Criminal Appeals: This court is a branch of ‘Court of Appeal’. This court
consists of one Chief Justice, who is called Lord Chief Justice and at least three judges of the Royal

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judicial department. Appeals against the decisions of Assizes Court and Quarter Session Courts can
be filed in this court where the interpretation of the concerned law is required. Generally, the
decisions given by this court are final. However, if the Attorney General certifies the case to be
worthy of appeal, then appeal against decision of this court can go to the House of Lords.
6. Supreme Court of UK: Supreme Court of UK is the highest court in criminal cases also.
Appeals against Court of Criminal Appeals can be filed in the Supreme Court and its decisions are
final.

1.9.4. SUPREME COURT OF THE UNITED KINGDOM

The Supreme Court of the United Kingdom came into existence on 1 st Oct. 2009. It consists
of 12 judges. It is the highest court of UK. The Supreme Court judges are appointed by the monarch
on the advice of the Prime Minister. However, the recommendations of prime minister are based
upon the names of the judges suggested by the selection commission.
a. Composition: The Supreme Court of UK consists of one President, one Deputy President and
ten other judges, of which, by convention, 9 judges are from England and Wales, 2 from Scotland
and 1 from Northern Ireland.
b. Provision for the Appointment of Acting-Judges and a Supplementary Panel of Judges: In
addition to the 12 judges, the President of the Supreme Court can request some senior judges of the
courts of England and Wales, Northern Ireland and Scotland to sit as acting judges of the Supreme
Court. The President of the Supreme Court can also approve some retired senior judges, who are
under the age of 75 years. They constitute a Supplementary Panel of the Supreme Court. The
Supreme Court also appoints a chief executive of the Supreme Court. He looks after the judicial
administration of the court.
c. Composition of Selection Commission: the selection commission recommends the names of
the persons for appointment as judges of the Supreme Court, consists of the President and Deputy
President of the Supreme Court and some members to judicial appointment commission of England
and Wales, Northern Ireland and Scotland.
d. Method of removal of a judge: a judge of the Supreme Court can be removed from office on
the basis of the address adopted by the British parliament. He can be removed by the process of
impeachment.
e. Jurisdiction of the Supreme Court: the Supreme Court hears appeals from the judicial
system of England and Wales, Northern Ireland and Scotland. Its main focus is on cases that raise
points of law of public importance. It hears appeals from many fields of law including commercial
disputes, family matters, judicial review claims against public authorities, and issues under the
Human Right Act 1998. It also hears criminal appeals but not from Scottish highest criminal court.

1.10. BRITISH PARTY SYSTEM AND PRESSURE GROUPS

1.10.1. PARTY SYSTEM IN BRITAIN
The salient features of the British Party System can be discussed as under:
(1) A Two Party System: The bi- party system has been developing naturally as a child of both
accident and I design. The Labour Party also known as New Labour Party and the Conservative
Party are the two major parties since 1923. The Liberal Democratic can be described as the third

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active side-actor in British Two Party System. The electoral battle for securing political power is
still between Labour Party and the Conservative Party. At present the ruling party is the
Conservative with Labour Party as the opposition.
(2) Moderate approach of the Political Parties: The British political parties are moderate in
approach. The Labour Party has not been committed to socialism or to the rule of the workers. It
also accepts due importance of other social groups. Likewise, the Conservative Party has not been
really conservative; it has been quite liberal in its policies. It has not been always opposed to
reforms. ‘Conservatism’ of the Conservative Party involves a big dose of ‘liberalism’, and
‘labourism’ of the Labour Party is not total proletarianism, it accepts the interests of capital and
business.”
(3) Centralized Party Organizations: Each major party has a strong well-knit organization
right from the bottom to the top, with the real power in the hands of the top level party organs.
There is a direct chain of connections and command relations between the headquarters and the
local units. Members of each party are bound by party discipline as enforced and maintained by the
party leaders. There is a firm, vigilant and continuous control of the party over its members. The
members have to vote strictly in accordance with the directives, decisions and whips issued by their
party.
(4) Organized Opposition: The Opposition is well organized with ‘Shadow Cabinet’ as the
instrument of control over the policies of the ruling Cabinet. The majority party forms the Cabinet,
runs the administration and tries to implement its policies and programmes as enumerated in
election manifesto. The ‘shadow cabinet’ keeps a watch over the activities and policies of the
cabinet. The leader of the opposition party enjoys a constitutional recognition and gets salary. He is
always respected as the ‘Alternative Prime Minister’.
(5) Continuity of Operation: The British parties are continuously and actively involved in the
struggle for power. After one general election, they start preparing for the next election. Any time
can be election time. The majority party can at any time go in for election with a view to seek a
fresh mandate from the people. The opposition can force the majority party to seek a fresh mandate
from the people. In this way, continuous electoral and political activity is present in the British
political system.
The British party system has evolved through a process of gradual evolution and has come to
be developed perfectly in accordance with the needs and demands of the liberal democratic, unitary,
parliamentary political system of Britain. The organization of a coalition government on 12 May
2010 has reflected the maturity of the British Party System. It has been operating within an
environment characterized by freedom, representativeness, transparency and equality, and helping
the British Parliamentary Democracy to run smoothly and successfully.

1.10.2. PRESSURE GROUPS IN BRITAIN

Pressure groups are very active in Britain despite the existence of a well-organized and strong
party system. There are numerous active interest groups or pressure groups which are classified into
six categories. They are:
a. Employers’ Associations
b. Trade Unions

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 c. Co-operative Movement Groups
d. The Professional Groups
e. The Civil Groups
f. Business Interest Groups
Role of Pressure Groups in Britain
The roles of pressure groups in Britain are the following:
a. Pressure groups have been actively present in the British political system since the first
decade of the 19th century
b. At present, there are a large number of pressure groups in Britain. All sections of society try
to secure their interest through their groups.
c. Most of the pressure groups stand centrally organized.
d. The pressure groups have their defined orientations towards either of the two main political
parties.
e. The pressure groups are generally democratic in their approach and outlook.
f. Most of the British pressure groups work as responsible groups committed to secure their
interest through the use lobbying and other such means.
British pressure groups are well organized and democratically constituted. They are very
active and use all the four main channels- the electorates, the legislature, the party system and the
executive, for securing their interests. Pressure Groups play important role in the British political
system. The government consults them at various levels. While making delegated legislation the
British pressure groups assist the government in the task of policy-making. This provides useful
data to the government departments.
Most of the pressure groups in Britain, however, usually concentrate upon the executive
because this organ directly affects their interest. The bureaucracy, which is itself a pressure group,
is open to the influence of other pressure groups and the latter always try to use it to satisfy their
interests.

Model Questions
1. Trace the history of evolution of the British political system.
2. Discuss the salient features of the British Constitution.
3. Describe the sources/elements of the British Constitution.
4. What are the rights of a British citizen?
5. What are Conventions? Why are Conventions important in the actual working of the British
Constitution?
6. What is Rule of Law? Explain with reference to Dicey’s view.
7. What are the main characteristics of British Cabinet System?
8. Explain the composition, powers and functions of the British Cabinet.
9. Explain the powers and functions of the British Prime Minister.
10. Discuss the composition, powers and functions of the British House of Commons.
11. What are the powers and functions of the British Speaker?
12. Discuss the salient features of the British Judicial System.
13. Write a brief note on the British Pressure Groups.

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 Unit – 2

Political system of US

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2.1. Historical background

Historically, the American Political system can be traced back to the year of 1492 when an
Italian by birth and a British Civil servant, John Cabot discovered the Eastern Coastline of
America and reached Maryland, Virginia. He then was under the directives of King Henry
VII of England and so the ‘New World’ became one of its colonies.

As a result of this discovery, many Europeans powers such as the Spanish colonized the
South-Western parts; the French colonized Novo-Scotia, the Dutch over Hudson valley and
the Swedish over Delaware. And so, by 1607 the first permanent settlement was established
at James Town in Virginia, followed by the establishment of the Colony of Plymouth.

It was later in 1620 that the state of Massachusetts came to be the third colony. But in 1664,
England defeated the Dutch forces and took control over Holland. Thus, by 1732, the number
of colonies increased to 13 where Georgia came to be the 13th colony of the Europeans
powers.

As such, the Central and Southern America was controlled by Spain and the Northern
America was controlled by England and France. However, the end of the French-Anglo War
in 1763 paved the way for England to capture power and established its control over the
Spanish colony of Florida and the French colonies of North-America and in this way,
England came to have control over all the 13 American colonies.

Subsequently, to cater an effective administrative establishment, England introduced the

Colonial system of administration and divided the existing colonies into three types of
colonies. These colonies were as follows:

I. Royal or Crown Colonies: These colonies were directly controlled by the King
through his Governors. They were New Hampshire, New York, New Jersey, Virginia,
North Carolina, South Carolina, Georgia and Massachusetts.
II. Proprietary Colonies: These colonies belonged to individual proprietors and their
heirs. The British King exercised some privileges in terms of their administration.
Some of these colonies were Maryland, Delaware and Pennsylvania.
III.Charter colonies: These colonies were collectively administrated by the group of
colonies but were under the supreme control of the British Crown. Some of these
colonies were Rhode Island and Connecticut.

However, these arrangements could not satisfy the needed political aspirations of the people
and resulted in a revolt against the colonial power. These revolutions took shape in the form
of organizing the Continental Congress Meeting at Philadelphia from 1774 – 75.

Thus, on 4th July 1776, the colonies adopted the Declaration of Independence drafted by a
five members committee headed by Thomas Jefferson. But the Declaration of Independence
on the part of colonies led to a war with Britain. And so in order to strengthen their ability for
a successful fight against the colonial power, the colonies continue to repose their faith in the
Continental Congress.

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It was then working without a formal legal basis, so in order to eliminate this weakness, the
Continental Congress appointed another committee headed by John Dickinson to draft the
Articles of the Confederation.

As such, the Congress on 17 November, 1777 adopted the reports of the committee which
was also ratified by all the existing 13 states and later on 1st March, 1781 the Articles came
into effect.

Thus, the Articles of the Confederation became the Law of the land but it lacked in providing
a proper working system of a strong Government. And so, the Articles could not unify the
Confederation under one strong central Government. Such realization led to the Making of
the USA constitution.

Initially, the delegates from 5 states met at Annapolis in September 1786 and gave a call for
holding a convention of all the states at Philadelphia in May 1787. As a result of this meeting,
on 25th May,1789 the Philadelphia Convention was held to bring out about certain changes
and reformed the Articles of the Confederation.

This reforms and changes were put forwarded in the forms of three proposals or Plans
namely:

1. The Virginia Plan: It was largely support by all the states as it advocated the creation of a
strong central Government with the following features:

i. A bi-cameral legislature in which the Lower House was to be directly elected by the
people and the Upper House was to be elected by the members of the Lower House.
ii. A legislature with all the legislative powers pertaining to national importance
iii. A central Executive and Judiciary to enforce the law of the Central Government
iv. A central Government with the power to levied taxes on certain specified areas and
v. President to be selected by the Congress for a fixed term.

2. The New Jersey Plan: It advocated a unicameral legislature with equal power of each of
the Houses.

3. The Hamilton Plan: It envisaged a central legislature with two popular elected houses
and a President to be directly elected by the people. These plans however, did not work out
to fully satisfy the political aspiration of its people.

And so, the convention got sharply divided into two groups namely one group represents the
interest of the larger states and the other group represents the interest of the smaller states.

As such, in order to settle the conflicting opinions, the delegates of the Connecticut came
forward with a compromise plan, popularly called the Franklin Plan or the Connecticut
Compromise.

4. The Connecticut Compromise: It advocated a lower house elected by the people and an
Upper house with equal representation of all the states irrespective of their sizes and
populations. Besides, the Congress as the Legislature was to have power to regulate

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commerce with foreign nations and among several other states. The president was to be
authorized to negotiate treaties.

Furthermore, it was also agreed in favor of the Southern states that;

i. Slave trade would not be prohibited for the next 20 years

ii. Imposition of duty on exports would be forbidden and
iii. Treaties would not become effective without the approval of two-third majority of the
Upper house.

Significantly, based on the suggestions of the Connecticut delegates, the Drafting of the USA
constitution took up its initial step. On 26th July, 1787 an agreement was reached regarding
the main features of the New Constitution.

Thus, on the basis of this decision, the Committee of Style prepared the final draft of the
Constitution and so on 15th September, 1787 thirty-nine delegates out of forty-two delegates,
who represented the 12 states, signed the draft document and the constitution of USA came
into existence. However, it needed another important stage of Ratification by the states for its
proper functioning.

The Ratification of the USA constitution by the states

The prepared Constitution of the Philadelphia Convention was submitted to the States for its
ratification. It was to come into force only if three-fourth majority of the states ratifies it.
Thus, on 7th December, 1787, Delaware became the first state to ratify the Constitution. It
was then a great relief to the founding fathers of the constitution namely Hamilton, Madison
and Jefferson.

They indeed work really hard and as a result of their dedication, New Jersey and Georgia
ratified the constitution but two of the existing large states, Massachusetts and Virginia
agreed to ratify the constitution only if they incorporated a Bill of Rights in the constitution.

Thus, by 21st June 1788, the constitution had received ratification by nine states and so by
the first 10 Amendments, A Bill of Rights was incorporated in the constitution. However, the
USA Constitution came into operational on 4th March, 1789.

The House of Representatives was organize on 2nd April, 1789, the Senate met on 5th April,
1789 and George Washington took the Oath of office as the first President and John Adams
as the first Vice-President of the USA on 30th April, 1789.

2.2. Ideological background:

The farmers of the USA Constitution were highly inspired by the ideas of John Locke,
Montesquieu and Blackstone. And so, when they laid the foundation of the USA
Constitution, they put more emphasis on the following philosophical ideas;

Liberty

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The idea of liberty has been transited from the Declaration of Independence to the existing
Constitution. It is to say that every citizen in America has the right to develop their own being
and to seek any social obligations that is considered to be worth doing and worth performing.
The government in this aspect has no restrictions and limitations whatsoever.

Every individual has the liberty to maintain a certain standard of life and lead a comfortable
life provided their actions do not harm the other and the nation as a whole.

Equality

This idea of equality has been enshrined in the American Declaration of Independence which
states that, “all men are created equal, that they are endowed by their creator with certain
unalienable rights”.

And so, in terms of its practical approach one can understand it as equality before the eyes of
law and equal opportunity to develop one’s inner self. No individual will be discriminated on
the basis of their skin color, race, caste and gender. Every individual is a part of the nation’s
identity and so their well-being sustains the very essence of democracy.

Justice

The concept of Justice has been rooted in the American political history. Since time
immemorial, the farmers of American Constitution deeply believed in building up a Just state
where every citizen will be treated equally. Justice from the political point of view has been
regarded as a selfless society that caters to the needs and aspirations of its own people.

As people in a democratic system has been regarded as the main source of power, any
governmental establishment should dedicate and foster for the growth and development of its
country in terms of socially, economically and politically.

Rights

The idea of Rights has its origin from the American Declaration of Independence which
states that,”……………endowed by their creator with certain unalienable rights, that among
these rights are life, liberty and pursuit of happiness”.

As such, right has been considered not only as a claim of an individual alone but also the
recognition of an individual’s claim by the society. Thus, the American constitution
recognizes the rights of its citizens and ensures their stability and its safe-guard.

Sovereignty

The idea of sovereignty is to emphasis that America is no longer a colony under the Imperial
rule. It is a Sovereign state and does not allow the interference of any foreign forces in
matters of his internal as well as external affairs.The country is free to implement any law
that is considered to be legal and practice any form of economic strategy towards its
prosperity.

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Limited Government

The principle of limited government was propounded by John Locke. By limited government,
it means to say that every set of government is under the law of the land and hence no set of
government is absolute in its functions and authority.

Every government derives its power from one source and as such there are certain limitations
in respects to its legislative, executive and judiciary functions.

Democracy

The famers of the American Constitution were highly cautious about the political aspirations
of its people and so in order to satisfy the need of its time, they emphasis on the Democratic
principles. It is a democracy because the government is elected by the people and is
responsible to them.

Republicanism

The founding fathers of the American Constitution truly believe in the rights and liberties of
its people and so they rejected the British model of government. They emphasized on the
republican system of government where there is an elected president as the head of the state
and the Government who remains in Office for a fixed term.

Federalism

It means that there is a division of powers between the state and the Central government.
Both the set of government derives its authority from the people. Unlike India, the founding
fathers of the Constitution intended to make the State stronger than the Centre, hence
residuary powers has been given to the states but they do not have the right to secede from
the Union.

Rule of Law

It means that no one is above the law, if any individual breach the law will be punished as
according to the law of the land. Law is equal for everyone; it does not distinguish the person
in terms of wealth or position.

The President is also under the same law that governs his people. Any individual who
violates the law will be punished according to the degree of the nature of crime. It uses the
same yard stick in determining any nature of crime, be it the President or any ordinary
citizen.

Separation of Powers

The farmers of the American Constitution were highly influenced by the theory of Separation
of Powers as propounded by Montesquieu in his “Spirit of Laws”. It is the division of powers
amongst the three organs of the government namely the Executive, the Legislature and

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Judiciary. The congress legislate the law, the President along with his cabinets execute the
law and the Judiciary protects and interprets the law.

Checks and Balances

The founding fathers of the American Constitution were cautious about the concentration of
authority and to secure the liberty of its people, thus they incorporated the systems of Checks
and balances. In this system, each organ has been given a checking power over the other two
organs. The executive is balanced against the legislature and the latter against the former.

The Congress is limited by the veto powers of the President who, in turn is limited by the
Senate. The executive and the legislature are limited by the powers of the Judiciary who can
interpret laws and declare void any action of any governmental department. Similarly the
Congress is empowered to impeach the President who might become dictatorial.

2.3. Salient features of the USA Constitution

The USA constitution has a long history of its existence. Its origin can be trace back to the
time of Philadelphia Convention in 1787 where the delegates from 12 states signed the
document and came into force in1789. Till today it has survived with 7 Articles and 27
Amendments due to its outstanding features that had been incorporated by its framers.

Some of these features can be elaborated as follows:

Written, Enacted and Ratified Constitution

The USA constitution is one of the oldest written Constitutions in the world. It is written
because the whole Constitution is embodied in a document containing a Preamble, 7 Articles
divided into different sections and 27 Amendments. It is enacted because the realization of
the people against the colonial power lead to the Philadelphia Convention which resulted in
framing the Constitution.

Unlike India, the American Constitution did not borrow any ideas or principles from other
Constitutions rather it is a self-made. Indeed the farmers were highly influenced by the noble
ideas of the John Locke, Montesquieu and Blackstone. It is a ratified Constitution because the
Constitution came into force only after its ratification by three-fourth majority of the states.

The Philadelphia Convention did give the Constitution by not the authority to put into
practice. It gave equal rights and freedom to all the states to come up with suggestions so as
to cater the needs and aspirations of its people.

A brief Constitution

The USA Constitution is indeed the briefest Constitution in the world. Unlike India which
has 395 Articles, it consists of only 7 Articles and 27 Amendments. The American
Constitution is more than 221 years old which is a small booklet of 15 pages containing 4000
words.

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The Preamble

The USA Constitution posed full faith in Popular Sovereignty as propounded by Montesquieu
in his, “Spirit of Laws”. It clearly affirms in its Preamble that the people are the real and
ultimate source of all powers. Thus, the opening part of the Constitution reads;

“We, the people of the United States, in order to form a more perfect union, establish
justice, ensure domestic tranquility, provide for common defence, promote the general
welfare and secure the blessings of liberty to ourselves and our posterity, do ordain
and establish this Constitution of the Unites States of America”.

Subsequently, all authority emanates from the people and the government is fully accountable
before the people in America. All its policies and actions are based on public opinion and so
it is only through free, fair, secret and regular elections that the people exercise their
sovereign power to choose their own representatives to form the Government.

Thus, the representatives exercise authority on behalf of the people for a fixed term after
which a fresh popular mandate has to be sought.

Federal Constitution

Initially, the United States was a federation of 13 states but in due course of time it has a
drastic increase and now at present, it is a federation of 50 states. It was then the decision of
the Philadelphia Convention to end the Confederation and form a “more perfect Union”.

The hidden philosophy of this Convention was: (a) to secure a strong central government
capable of providing security, stability and strength; and (b) to maintain, as far as possible,
the autonomy of the federating states.

Thus, the farmers of the USA Constitution adopted the federal system and divided the powers
between one federal Government having authority over the entire country and the several
state governments having authority over their respective areas.

Presidential form of Government

The farmers of the USA Constitution adopted a Presidential form of Government based on
the principles of Limited Government, Separation of powers and system of Checks and
Balances. These ideas are found in the works of John Locke and Montesquieu

Accordingly, the President in America is the head of the state as well as the Government. He
is directly elected by a special body known as the Presidential Electoral College for a fixed
term of 4 years.

Before the expiry of his tenure he cannot be removed from his office except by the process of
Impeachment. He appoints his cabinets to carry out the duties and responsibilities of an
executive which is known as the presidential cabinet in America.

Rigid Constitution

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The American Constitution is rigid in character. It is not an impossible task to amend the
constitution but quite a difficult one. And so, the process of Amendment to the American
Constitution follows two stages.

First, the proposal for an amendment has to be initiated and passed either by a two-third
majority in each of the two Houses of the Congress or by a special constitutional convention
called by the Congress when asked to do by two-third of all the state legislature.

Secondly, the amendment has to secure ratification either from three-fourth of the several
state legislatures or by a special convention in three-fourth states.

Supremacy of the Constitution

The thesis of the supremacy of the Constitution in America stands accepted and respected by
one and all. As the government derives its power from the Constitution, it cannot go against
the provisions of the Constitution.

The Constitution is the supreme law of the land and the Supreme Court is the protector and
final interpreter of its provisions. No law is above the Constitution and thus, it is the
Constitution that decides the validity and jurisdiction of any legislation.

Separation of Powers

The farmers of the American Constitution were highly influenced by the theory of Separation
of Powers as propounded by Montesquieu. According to him, the three organs of the
government namely, the Executive, the Legislature and the Judiciary are independent of one
another.

The Congress in America legislate the laws, the President along with his Cabinets execute the
law and the Judiciary interprets and protects the law. Whereas, the President is not a part of
the Congress and so, the Congress cannot dismiss him by a vote of no confidence and the
President also cannot dissolve the Congress.

Systems of Checks and Balance

In the process of installing the concept of Separation of powers amongst the three organs of
the government, the framers of the American Constitution were also conscious of the fact that
absolute separation was neither possible nor desirable.

It could lead to an unhealthy division of powers and each organ could behave arbitrarily in its
own sphere. As such, in order to prevent this, they created a system of mutual checks and
balances. Each organ has been given a checking power over the other two organs.

Judicial review

The supremacy of the Constitution is a feature of the American Constitution. Practically, it

stands transformed into a thesis for judicial supremacy. The US Supreme Court enjoys the

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enviable position of being the protector and final interpreter of the Constitution. It has the
power to finally determine the meaning and scope of the Constitutional provisions.

It acts as its protector through the exercise of its power of judicial review. It is the power of
the Court to review the laws of the Congress and the measures of the President. Thus, the
Americans often declare: “We are under the Constitution, but the Constitution is what the
Supreme Court says it is.”

Bill of Rights

Initially, the USA Constitution did not contain a formal Bill of Rights. It was on this account
that the states of Massachusetts and Virginia withheld the ratification of the Constitution. As
a result of this, 10 Amendments were made in the Constitution and a Bill of Rights was
incorporated in it. Under this Bill of Rights, People enjoy the right to freedom of expression
and press, Religious freedom, Right to equality, Right to property and several other Natural
rights.

Bicameral Legislature

The USA Congress is a Bi-cameral legislature where the lower house is a directly elected
house consisting of 435 members with a fixed term of 2 years. It is called the House of
Representatives.

The Upper house on the other hand, is also a directly elected house consisting of 100
members with a fixed term of 6 years. It is a permanent house where one-third of its members
retire after every 2 years. It is called the Senate and is the most powerful house of the
Congress.

Dual citizenship

The American Constitution is a true federation as it provides for a dual citizenship. Each
American enjoys the common citizenships of the Unites States of America as well as the
citizenship of that state of the federation to which he/ she belongs.

Independence of Judiciary

The Courts in America are independent of the control of the legislature and the Executives.
As such, the judges of the Supreme Court are appointed by the President with the approval of
the Senate but they cannot be removed from the office at their will. It has to undergo the
process of Impeachment only.

2.4. The US executive

2.4.1. Powers and Functions of the USA President

The powers and functions of the USA President have been enshrined under Article II of the
American Constitution. It grants all the executive powers to the President and provides for

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the exercise of these powers by the President with the help of his Cabinets and Civil servants.
As such, some of these powers of the US President can be discussed as under:

Executive Powers

The President is the real executive head of the country. He is the sole custodian and exercises
real authority over the areas of executing the laws formulated by the legislature. As such,
some of these executive powers of the US President can be elaborated as follows:

Head of the State

The US President is the head of the state. He performs all the ceremonial functions that are
expected from him. He is the sovereign head of the state and represents the entire American
nation.

Chief administrator

The US President is the Administrator-in-chief. All the executive decisions are carried out by
his Secretaries and Civil servant s in his name. He supervises, controls and held responsible
to carried out all the administrative matters of the Government.

Enforce and maintains law and order

The President enforces all the federal laws and maintains order throughout the country. It is a
part of his political obligation and Constitutional pledge. He takes care that all laws are
faithfully observed by its citizens. The Oath of his Office empowers him to preserve, protect
and defend the Constitution of the Country.

In matters of enforcing the law, he enjoys a certain amount of discretion. It is the rightful
duty of the President to determine the validity of any legislation of the Congress. He can use
his discretionary power in determining the nature of steeps deemed essential for the
maintenance of order in the state.

Director of Administration

The President is the Director of US administration. He formulates the policies of the

administration and secures their execution by his Cabinet Secretaries and Civil servants.
These secretaries and bureaucrats works under his Supreme authority, direction, guidance and
control. Its main aim is to execute the policies of the President faithfully and run the
administration for the welfare of its people.

Appointment and removal powers

The US President is authorized to make important appointments such as State Secretaries,

Ambassadors, Counsels, Judges and members of the federal Commissions. All these
appointments are subject to the Senate approval but they remain in office at the good will of
the President. Thus, the President exercises enormous powers of appointment where he can

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appoint as many as 3.5 million appointments. He can also remove any Secretary from the
office without the approval of the Senate except those Civil Servants.

Military powers

The US President is also the Commander-in-chief of the armed forces. He is authorized to

take all necessary measures for the safeguard of the country. Constitutionally, he is not
authorized to declare war but he has the power to deploy forces anywhere in the interest of
nation’s defense and security.

Legislative powers

Apparently, all the legislative powers are entrusted to the Congress in USA but the President
as the Real Executive head has been authorized with some amount of legislative powers also.
Some of these legislative powers of the US President can be elaborated as follows:

Advice to the Congress

Initially, the President delivers this message in person through an address to the joint session
of the Congress but now a day, it is communicated on Televisions and other means of mass
media. It is the information of the state of the Union and recommendations for the
consideration of the congress to take certain measures as he shall judge necessary and
expedient.

This message of the President to the Congress is called the “State of the Union message”. It
usually contains all such measures, proposals and suggestions which, in the opinion of the
President, deserve attention of the Congress.

Veto powers

According to the Constitutional provision, any bill passed by the Congress has to be signed
by the President within 10 days of its submission to him. It then becomes the law even
without the signature of the President and so he has been empowered to check the validity of
the laws by exercising his veto powers. These veto powers of the President has two forms:

Suspensory veto

It means that the President can return a bill to the Congress before the expiry of 10 days to re-
pass the bill by two-third majority. If in case, the bill fails to get the required majority, it
remains rejected or un-passed.

Pocket veto

It means that the President has the power to reserve a bill passed by the Congress at the last
moment of the Session. A bill submitted by the Congress for his assent and the Session gets
adjourned before 10 days than the bill remains rejected and un-passed.

Executive orders

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The President has been authorized to issue executive orders to his cabinets. Usually, the
Congress passed laws in general outlines only and so it is left with the President to make
necessary arrangements for its effective implementation.

It is thus, the duty of the President to implement the laws made by the Congress and power to
restore or planed out the details of any law so as to meet the pressing needs of the
administration. Such executive orders of the President are also called an Ordinance.

Power to summoned special session of the Congress

The US President has been authorized to summoned special session of the Congress during a
national emergency. However, he does not exercise the power to adjourn the session. It is
then left with the Speaker and Chairman of the two Houses.

Financial powers

The President also exercises certain amount of financial powers. He controls and directs the
finances of the country. Thus, the Bureau of budget formulates its national budget under his
direct supervision.

Judicial powers

The US President enjoys some judicial powers such as to grant pardon, reprieve or amnesty
to any convicted criminals. These judicial powers of the President have been enshrined in the
Constitution and as such the Congress does not control him. It is the good will of the
President and the advices of his Cabinets to show such pardonage and creates a just and fair
society.

2.5. Federal judiciary system

2.5.1. Composition, Powers and Functions of the Supreme Court of USA

The Supreme Court of USA stands at the Apex of its judicial system. It was established by
the Congress in 1789 under the mandatory provisions of the Constitution. At present, it
consists of a chief justice and 8 other judges. They are usually appointed by the President
with the advice and consent of the Senate.

Unlike India, the Constitution does not prescribe any qualifications for the judges. The
Judges hold office during good behavior and may resign or retire at the age of 70. That is
why they appointed for life.

They can be removed only through the process of impeachment. Subsequently, the
jurisdiction of the Federal judiciary has been defined in Article III, Section 2 of the US
Constitution. Thus, the Constitution authorizes the Supreme Court with Original and
Appellate Jurisdictions.

Original Jurisdiction

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It implies that there are certain and reasonable cases which has to be trial and heard only in
the Supreme Court. The other Courts such as the legislative and District Courts have no
jurisdiction or power to trial or hear such cases. These cases are:

i. Cases which concern ambassador, counsels and foreign agents

ii. Cases involving federal government on one hand and two or more state governments
on the other
iii. Cases involving a state government on the one hand and citizen of another state on the
other
iv. Disputes between two or more states and
v. Disputes between the Unites States on the one side and a foreign government on the
other side

Besides all these, the Supreme Court also issues certain writs such as Habeas Corpus,
Mandamus, Injunction and Certiorari in the exercise of its national judicial power.

Appellate Jurisdiction

It states that all those cases which has already been trial or heard in other Courts can be re-
trial or re-heard if it involves certain degree of Constitutional interpretation or validity.
Usually, such cases are directly forwarded to the Supreme Court from the lower Courts.
Some of such cases are:

i. Cases for review directly from the state Courts – It happens when the validity of a
state or federal law is in dispute under the Constitution
ii. Cases directly from the Federal District Court – It happens when a District Court
invalidates a federal law and the government appeals against it
iii. It receives petitions against the decisions given by Federal Courts of Appeals

In some cases, the Supreme Court can review the decisions of the Courts of Claims and the
Courts of Customs and Patent Appeals. Moreover, all those cases which the Supreme Court
has heard and decided the verdict remains firm and final. It cannot be heard again in any
other Courts and thus, the judgment of the Supreme Court remains unchanged and no appeals
lies against them.

2.5.2. Functions of the Supreme Court

It is with no doubt that the Supreme Court in USA is the final interpreter and guardian of the
Constitution, the fundamental rights and the freedom of its people. The Supreme Court also
plays an important role towards building a just and fair society by ways of contributing to its
political system. Some of its prominent functions are as follows:

Final Interpreter of the Constitution

It implies that the Supreme Court is the final Interpreter of the Constitution in USA. No
Courts can argue its interpretations and so its decisions are binding and reasonable. And so,

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the Americans often declare, “We are under the Constitution, but the Constitution is what the
Supreme Court says it is”.

Guardian of the Constitution

It means that the Supreme Court has the power to declare any law or action of the Executive
as invalid if, in its judgment it is not on conformity with the Constitution. It also implies that
the Supreme Court can declare any law or an executive action as Ultra vires if it appears to it
as unreasonable, unjust or illegal.

The Constitution in this sense is the supreme law of the land and the Supreme Court is
responsible to preserve and defend its supremacy against any possible excesses and violation
of the Executive and the Legislature.

Development of the Constitution

It means that the Supreme Court has the power to review and interpret the Constitution to
meet the needs of the fast moving times and socio-economic changes. The Supreme Court by
exercising its power of Judicial Review and the doctrine of Implied Powers protects and
safeguards the very provisions of the Constitution.

Guardian of Fundamental Rights

It states that the Supreme Court has the power to protect and safeguard the fundamental rights
of its people from being encroached upon by the Legislature and the Executives. Thus, the
Supreme Court by its judgment on 1952, confirmed that the freedom of press, speech and
expression includes in itself the freedom expressed by means of motion pictures. It has
always upheld the concept of rights and liberties of its people.

Law making body

It means that the Supreme Court is not only a Court of law but also a law making body. It
becomes possible by exercising its judicial power and the doctrine of Implied Powers. As
such, the Supreme Court has no legislative initiative but acting negatively, it sets the
framework within which the legislation must work towards building a just society.

2.5.3 Judicial Review

The Supreme Court is the most powerful judicial agency in the world. As according to Laski,
“the respect in which the Federal Courts and above all the Supreme Court are held as hardly
surpassed by the influence they exert on the life of the United States’. Justice Frankfurt puts it
rather bluntly that, “the Supreme Court in the Constitution”.

When justices interpret the Constitution they may change policy decision and thereby have
the final say over the determination of the social and economic issues that confront the
country. The power of judicial review has come to be associated with the right of the highest
judicial authority of the state to decide whether or not the laws passed by the legislative

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authorities. Both the Centre and the State are in accordance with the fundamental laws of the
land or the Constitution.

In case the court is satisfied through proper legal investigation that the law in question or any
provision thereof are violative of the letter or spirit of the Constitution, it can declare that law
or any portion thereof null and void and ultra vires the Constitution.

An American Legal Authority Prof. Henry S. Abraham has defined the judicial review as,
“the power of any court to hold unconditional and hence unenforceable any law, any official
action based upon it, and any illegal action by a public official that it deems to be in conflict
with the basic law of the United States and its Constitution”.

This doctrines expression is found in the ‘Federal papers and the judiciary Act of 1989’.
Judicial Review as a doctrine originated in the verdict of Chief Justice Marshall in the case of
Marbury Vs Madison in 1803.

The implication in Chief Justice Marshall’s decisions may be summarized as under:

i. That the Constitution is a written document that clearly defines and limits the powers
of the government
ii. That the Constitution is a fundamental law and is superior to the ordinary law passed
by the Congress
iii. That the Act of the Congress which is contrary to and in violation to the fundamental
law is void and cannot bind the Courts.

Although the final judgment in cases of this kind is made by the Supreme Court of the United
States, Judicial Review is a prerogative of all courts from the highest to the lowest. When a
court declares a legislative Act unconstitutional, it means that it cannot be enforce as it is
inconsistent of law.

The prestige of the doctrine is so great that Lord Bryce expressed it, the Supreme Court is
“the living voice of the Constitution” and as such the country obeys both by inclination and
habit.

2.6. The US congress

Composition, powers and functions of the US Congress

According to Article I of the America Constitution, “all legislative powers herein granted
shall be vested in a Congress of the United States which shall consist of a Senate and a House
of Representatives.” As such, under its bicameral system of legislature, the Congress has two
houses of legislature namely:

2.6.1. House of Representatives

It is the lower Chamber of the Congress and thus be compared to the House of Commons in
Britain and the Lok Sabha in India. According to the constitution, 65 seats were provided in
the House, and the seats in future will be determined by the census after every 10 years.

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At present there are 435 members in the House with an addition of another two members
when Alaska and Hawaii were admitted as states. One sear is assigned to each state and the
remaining seats are distributed in proportion to state population. The House is presided over
by the speaker who is a member of the House elected by its members for 2 years.

Qualification of its members

i. He/ She must be a citizen of the United States.

ii. One must have completed 25 years of age.
iii. He/ She should be an inhabitant of the state for at least 7 years.

Tenure

The tenure ship of the House is 2 years wherein one-third of its members retire after every 2
years. It usually began its session from 3rd January every year.

Powers and functions of the House

The House shares many legislative and non-legislative powers with the Senate such as the
power of Ordinary legislation, Constitutional Amendments and Admission of new states. It
also exercises some distinct powers and functions which can be enumerated below:

Impeachment process

The constitution provides that the President, Vice-President and Civil Servants of the Country
shall be removed from office only through the process of impeachment and conviction for
treason, bribery or other high crimes and misbehaviors.

The House of Representatives initiates the impeachment proceedings by forming charges

against the officer concerned. The Senate on the other hand, sits as a court of Trial presided
over by the Chief Justice of the Supreme Court.

Financial power

All money bills originate in the House of Representatives. It has the sole initiative in taxation
bills also. The Constitution states that “all bills for raising revenue shall originate in the
House of Representatives”, but the Senate may propose or concur with amendments as on
other bills. With regard to appropriation bill, the Constitution is silent. Now it is a custom that
an appropriation bills can originate only in the House of Representatives.

Election of the President

If in a Presidential election no candidate secures absolute majority, the House of

Representatives has to elect the President by ballot from the three candidates having the
highest number of votes, voted for as President.

In spite of this chamber being called as the popular chamber, we find that it is the weakest
popular chamber in the world as compared to that of the House of Commons in Britain, the
Lok Sabha in India and the National Council in Switzerland.

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2.6.2 The Speaker

The presiding officer of the House of Representatives is the Speaker who is a member and is
elected by the members for a term of 2 years and generally re-elected thereafter. He is
entitled to vote like any other members with regard to the internal organization of the House
of Representatives.

The Constitution simply states that members of the House shall choose their speaker and
other officers. It does not states anything about his powers and functions, nor does the
Constitution require that the Speaker must be a member of the House although every Speaker
has been at the time of his selection a member of the House.

The election of the Speaker takes place at the beginning of each new Congress and the
nominee of the majority party is invariably elected by the House. The election of the Speaker
is not unanimous like that of its counterpart Britain, or the Speaker of the preceding House
which need to be elected all the time.

Seniority is no doubt an important consideration in choosing the Speaker of the House but
personal popularity and political backings seems to be the most important prerequisites.

Powers and Functions

The Constitution does not state anything about the powers and functions of the Speaker. In
spite of which, he exercises numerous power and perform various functions which may be
summed up as follows:

Presiding power

He is the commanding figure in the House and he presides over the sittings of the House,
arranges for the orderly conduct over the business of the House and preserves the order and
decorum. In case of disturbances or disorderly conduct, he may either suspend the business or
instruct sergeant at arms to order the House. The House provides that if two or more
members rise, the Speaker shall name who will have the floor.

Rule interpreting power

The Speaker possesses the right to interpret the rules of the House. He may create new rules
provided the House agrees. He puts questions to vote, sign all acts; addresses join resolutions,
writs, warrants and subpoenas (writ commanding a person to appear in a law court) ordered
by the court.

Speaker’s right to speak and vote

The Speaker has the same right to speak and vote as other members of the House. The
American Speaker of the House of Representatives is actively and openly identified with his
part organization in the House. He is frequently called to the White House to go over
legislative matters with the President.

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Today, as a matter of fact the Speaker of the House is relatively weak, yet he still has many
“weapons” which he can use to influence the course of legislation. He is by tradition and
practice, the active member of the majority part in the House that is, “the elect of the elect”.

He is second in succession to the Presidency by the Presidential succession Act 1947, in case
the President and the Vice-President dies, resign or removed from the office before the end of
their tenure.

The Senate

In Article I of the American Constitution, the word ‘Senate’ precedes the term “House of
Representatives” which is not a slip of the pen. The framer of the Constitution wanted to give
the Senate an important position in the Federal system. The Senate which is the Upper House
of the American Congress represents the States on the basis of the principles of equality.

All the States in America have equal representation in the Senate and the Constitution
recognizes the sacredness of this political dogma when it prescribes that ‘no state, without its
consent shall be deprived of its equal suffrage in the Senate’.

The Vice-President of the America is also the President of the Senate who presides over the
meeting of the Senate. He exercises his Senate vote only in case of a tie.

Composition and role

The Senate is a permanent body consisting of 100 members that is two members from each
state irrespective of their size of population or area. The members are usually elected for a
term of 6 years where one-third of its members retire after every two years. It is also so
arranged that the term of both Senators from a particular state do not terminate at the same
time.

It is a continuous body as only one-third of the Senators face re-election for any Congress. It
is not uncommon for a Senator to run 18-24 years of service. The Senate is continuous and
always organized as two-third of its members is always present in office.

Initially, the members of the Senate were chosen by the State legislature, but the working of
this indirect method of election belied the expectation of the founding fathers of the
Constitution.

With the development of the party machinery, the actual choice of the Senator was made in
the party Convention or the Legislative Caucus which were controlled by bosses. It very
often times led to a long and stubborn contest which frequently ended in a deadlock.

The breaking of which was accomplished by bribing and corrupt influences. After a tiring
afford, the 17th Amendment was adopted in 1913. It provided that two Senators from each
state shall be elected by the people for a term of 6 years.

In case there comes up a vacancy in the state, the Governor of the State may fill the vacancy
by temporary appointment until the next general election.

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Qualifications

i. He must be at least 30 years of age.

ii. He must be a citizen of at least nine years or more.
iii. He must be an inhabitant of the state from which he is chosen.

Powers and Functions

Whereas the Upper Chamber in other democratic countries of the world serves a limited
purpose and enjoys limited powers and functions, the US Senate is not only the most
important 2nd chamber but also the most important organ of the Federal Government besides
the President.

To Laski, the Senate gives a vivid reality to political democracy in the United States which
no other so fully and gladly supplies. The special powers of the Senate which no other 2nd
Chamber in the world enjoys can be enumerated under the following headings:

Senate as a Court of Impeachment

The Constitution prescribes that the President, Vice-President and all the Civil servants shall
be removed from the office only through the process of impeachment and Conviction for
treason, bribery, an act of Criminal nature and misbehaviors.

The House of Representatives initiates the charges and the Senate investigates and sits as a
Court of trial. It can issue writs and Subpoenas to witness and administer the Oath. On such
occasions when the President is on trial, the Chief Justice of the Supreme Court presides over
the proceedings.

Thus, a two-third majority vote of the Senate is required to determine and finalized the
Conviction and penalty which can be impose if removed from the office and disqualification
from holding any governmental offices in future.

Approval of Appointments

The Constitution empowers the President in appointing federal officers. Usually the President
nominates the Candidates and the Senate confirms the same by a two-third majority of vote.
Thus, the President cannot make any appointment without the consent of the Senate except
for such inferior appointments.

The confirmation of appointments by the Senate is indispensable. No appointments of the

President are valid unless it is approved by the Senate. The Senators are very vigilant to
safeguard the rule of “Senatorial Courtesy”.

This rule commands the President to consult the senior Senators of the state in which the
appointment is to be made before making the nomination. In case the senior Senators do not
belong to the President’s political part, he should seek the opinions of the Junior Senators. If
neither belongs to the part, he is not bound to consult either of the Senators.

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However, he may confer with a candidate is to fill the vacancy. The Senate is jealous of its
traditional prerogative and will rarely approve any important appointment which is personally
obnoxious (causing harm/ harmful) to the Senators most concerned.

Share in treaty-making power

The Senate also shares with the President the power of making treaties. The Constitution
ordains that the President shall have power, with the advice and consent of the Senate to
make treaties, provided that the two-third of the Senators present agrees.

In other words, a few Senators (34 Senators) can torpedo a treaty negotiation and concluded
by the President. If the Senate accords approval, the treaty is put into force by an exchange of
ratification with the other country(s).

If the Senate rejects the treaty, like that of the treaty of Versailles (1919) it is discarded and
the labor of the treaty formulations goes in vain. It may however, be noted that all treaties
whether military or otherwise, needs the approval of the Senate. As such, in America unlike
any other countries of the world there cannot be any treaty(s) as secret treaty.

The Senate as a legislative body

Apart from those special powers of the Senate, it also functions as a legislative body by
enjoying certain coordinate powers. It has co-equal powers with the House of
Representatives. Any ordinary bill may originate in either House of the Congress but it will
not become an act or law of the land without the approval of the Senate.

As regards to the money bill, the Senate has been given the power to propose amendments to
these bills and concurrence as necessary for their enactment. The Senate has made full use of
its power to amend the money bill even going to the extent of making them entirely a new
bill.

Thus, an appraisal of Legislative, Financial, Executive and Judicial powers of the Senate
reflects that it is a powerful Upper Chamber in the world. In addition, there are some more
factors which make the Senate as the most powerful 2nd Chamber in the world. Unlike any
other Upper Chambers of the world democratic countries, the Senate in USA is the Upper
most powerful Chamber.

The distinct characteristic feature of the Senate which other Upper chambers generally lack is
its popular representative character. There is no heredity principle at work. The Senators are
directly elected by the people. Besides, there are some distinct factors which make the
position of the Senate more powerful.

i. The founding fathers of the Constitution desired the Senate should function as the
President’s advisory council. In spite of which the Senate elects the authority of the
President by approving the appointments and consenting the treaties he concludes.
ii. The Senate is a conservative body promoting the interest of the Upper class and
representing the interests of the States they represent.

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 iii. The Senate exercises a check on hasty legislation. It pours the legislative coffee into a
saucer to cool it.
iv. Unlike the representatives representing one district, the Senators represent the State at
large and this gives them greater authority to speak on behalf of the entire populace of
the State.

Lastly, the membership of the Senate is a stepping stone for posts like the State governorship,
Vice-Presidency and Presidency in the same manner in which the membership of the House
of Commons is the stepping stone for a berth in the cabinet or even Prime Minister ship.

Origin of the Political Parties in USA

Introduction

The origin of the parties in USA can be traced to the days when the Philadelphia Convention
framed the Constitution. The political opinion got divided between the Federalists who
wanted a real union with large powers for the central government; and the Anti-federalists,
who advocated maximum autonomy for the states. The Federalists enjoyed support from
manufacturers, merchants, ship-owners and other propertied classes, the Ant-federalists were
supported by small groups, artisans and other low income groups.

George Washington himself belonged to the Federalist group. The two groups remained
active during the period when the Constitution was being ratified by the states. But after its
ratification, and the two unanimous elections of George Washington, the anti-federalists
group got faded into background. George Washington's administration preferred to include
both the Federalist and Anti-federalist leaders in the government.

In 1790, an important step in the direction of party-making was taken by Alexander

Hamilton, the first Secretary of Treasury. While presenting his economic programme, he
organised a group of senators and representatives within the government for lending him the
necessary political support. This group came to be popularly known as the caucus or the
Hamilton party. It consisted of members of the "Federalists" group.

In competition to it, Jefferson left the Cabinet and regrouped the Anti-federalists and named
it Democratic Republican Party. In the Presidential elections of 1756 and 1800 the tables
were turned when Jefferson defeated Adams. "Republicans" also gained control of the Senate
and the House of Representatives and continued to wield power up to 1824 and the
Federalists got faded into the background.

In 1824, the Democratic Republic Party suffered a division into: (i) The Democratic group
led by Andrew Jackson, which later on proclaimed it to be the Democratic Party and (ii) the
National Republican Party led by Henry Clay.

By 1828, both parties got stabilized and American political system started heading for a two
party system. The Democratic Party and the National Republican Party came to be major
players in US politics.

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In 1856 the latter got it named as the Republican Party. The Republicans started advocating
the abolition of slavery, while the Democrats expressed themselves in favour of its retention.
The Democrats suffered a big setback during the civil war because of their opposition to the
cause of Negro freedom.

It suffered even a division between the Northern Democrats and he Southern Democrats. It
was only in 1884 that the Democrats were in a position to rehabilitate them with the election
of Democratic President Cleveland.

The Republican Party, as the inheritor of the Federalists, was in a position to consolidate its
position during 1860 – 1913 when, with the exception of 8 years of Democratic rule, it
wielded power for 45 years. In this way, the US Political System began living with political
parties. The two party systems soon became its permanent feature.

The right to freedom to form associations, groups and parties is a fundamental right of the
American people. Till today, as many as 135 political parties have succeeded in sending at
least one member each to the US Congress since the middle of the 19th Century. But the big
share of seats has always been with either the Republicans or the Democrats.

During 1992 – 2000 the Democrats and during 2001 – 2008 the Republicans controlled the
Presidency. In 2008, the Democrats regained the Presidency as well as majorities in the
Senate and the House of Representatives.

In 2012 the Democrats retained the Presidency but in 2014 lost majorities in both the Senate
and House Representatives. In 2016 with 241 seats in the House of Representatives and 52
seats in the Senate, the Republican Party became a majority party in both the Houses of US
Congress. These two political parties continue to be the dominant political actors of the US
political system.

Salient features of US Party System

The following are the salient features of US party system:

1. Bi-party System

The American political system has a two-party system. One American scholar has well
observed:

"When we say that we have a two-party system in United States, we do not mean that
we have only two parties. Usually about a dozen parties nominate presidential
candidates. We call it a two-party system because we have two large parties and a
number of small parties and the large parties are so large that we often forget about
the rest."

Usually the small parties collectively poll less than 5% of the votes cast in national elections.
Only the Republicans and Democrats get the opportunity to wield power from time to time.
Hence, the USA has a bi-party system. Presently, the Democratic Party enjoys a majority in

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both Houses of the US Congress and the Republican Party acts as the opposition party in the
two houses. Moreover, USA will go for next Presidential election on 5 November 2024.

2. Similar Memberships

At present, the Republican and Democrats, have no marked differences in their nature.
Previously, the Republican Party was of the industrialists whereas the Democratic Party was
of the agriculturists. Now no line can be drawn between them. Both enjoy support in all
sections of the American society.

Both the major parties have no procedure or ceremony for joining. They have no general rolls
of members. They get no signatures to their programmes or policies. They collect no dues.
They enforce no rules. They have no means of disciplining a member or expelling him. These
simply work as two political parties.

3. Similar Programmes and Policies of the two Parties

Lord Bryce once humorously remarked that, “the great parties were like two bottles. Each
bore a label denoting the kind of liquor it contained but both were empty”. It is time to say
that "America has only one party, Republican-cum- Democratic, divided into two nearly
equal halves by habits and the contest for office – the Republican being one half and the
Democratic the other half of the party.

Prof. H. Laski also observes:

"Few things are more curious to the foreign observe than the character of political
parties in the United States. In one sense, they are only national in extent at election
times; in another, they are far more effectively local organizations which cohere
about persons rather than about ideas. They hardly represent even interests in the
sense that one can distinguish between the purposes they serve”.

4. Dominant Players in Politics

Republicans and Democrats are two main political players. Ogg and Henry write:

"The political parties help to keep the people informed public affairs; they stimulate
discussion and opinion and also action: they formulate issues, advocate policies and
put them before the electorate as more or less classified alternatives; they select
candidates for the public offices; they compromise and resolve interest groups
demands; they stand to some degree, as sureties for the satisfactory performance of
official duties by persons elected under their sponsorship they (at all events those out
of power) provide watchfulness over and criticism of the conduct of government: they
furnish a harmonizing element in government ; finally, they serve as a sort of cement
holding together people of divergent races, religions, cultures and occupations”.

Though extra-constitutional structures, the parties play a key role in the working of the US
Constitution.

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5. Existence of strong Interest Groups within each Political Party

Each of the two main political parties has within it several well articulated interest groups.
Each is a large federation of several well-organised interest groups.

6. Absence of Political Parties based on Race or Religion

American society is a society of diverse races, cultures and religions. It is characterised by

big diversities. However, there is a near total absence of parties based on race and religion.
There are several national level parties besides the Republicans and the Democrats and yet no
party stands organised on narrow lines.

7. Local Domination

The local organisations of both the major political parties play more dominant roles than the
national level organisations which become active only during the year of Presidential
Election. These are basically local parties. The local level organisations remain active
continuously.

Interest/ Pressure Groups in US Political System

Introduction

Interest Groups in the American political system play a very active role. These act
independently through their activities as well as through the political parties. Each political
party is basically a confederation of several interests groups constituted by different
segments/ sections of society.

In the modern age, interest groups have sought to go more and more beyond the traditional
methods of dealing with a few important statesmen, or party leaders on a private and personal
basis and, by propaganda to cultivate a favourable attitude among the great mass of citizens,
not members of the group. An interest group is a formal organization of people who share
one or more common objectives or concerns and try to influence the course of public policy
to protect and promote their aims.

Such organisations are large or small, permanent or temporary, rich or poor, powerful or
weak. Their exact number is impossible to ascertain. Some members prefer the term "interest
groups" to describe their organisation: others call these "pressure groups. Since they are
typically organised to protect their interest by exerting political pressure, each term is rather
accurate, and we shall use both of these.

In every political system, particularly in a democratic system, interest groups are now playing
an active and vigorous role in the political process. Without a direct role in the struggle for
power, they are playing an important role in determining its nature. This is doubly true of the
American political system.

In their book “American Government and Politics” Harold Zink and others have observed
that the United State has no monopoly on pressure groups, but it is probably true that pressure

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groups in the United States are more numerous, better organized and more open in their
operation than in other countries.

The very complexities of the social and economic structure in this country account in some
measure for this situation. Countries with less wealth and greater uniformity of population are
more likely to develop rigid party systems rather than a variety of pressure groups which seek
to operate within a two-party system in which neither party holds unswervingly to a particular
economic or social philosophy.

It is interesting to note that every American is identified with and represented by at least one
vigorous interest group. Significant amounts of power are wielded in American politics by
these formations usually known us "pressure-groups. In I835, Alexis de Tocqueville
observed:

"In no country in the world has the principle association been more successfully used
or applied to a greater multitude of objects than in America”.

That was some 175 years ago but and what was true then is truer today. V.O. Key points out
that, “a prominent place must be given to the activities of private organizations if one is to
understand the working of the political system, for these associations constitute links of
communications between the citizens and the government”.

Features of US Interest/ Pressure Groups

The following are the basic features of the Pressure Groups in American Political System:

1. Thousands of Interests Groups

There are literally thousands of interest groups in the United States that promote material and
symbolic goals and can become pressure groups when they wok to influence the exercise of
public power. There is an American Goat Society and an International Baby Check
Association. There is also a League for Less Noise. It is worth mentioning that all the groups
in this great number of busy organization are not politically relevant, because all do not have
political interest.

According to Prof. Willlan Young, "At least 500 of them maintain permanent headquarters to
the national capital but this is only a small portion of those that are politically active at some
level of government. The Department of Commerce listed 4000 national trade, professional,
civic, and other associations".

If the account is taken of local branches, affiliated units and independent local groups there
are perhaps 1,50,0000 interest groups more or less active in politics. The number swells or
recedes daily as new groups are formed and some old ones languish.

2. Not all Groups are Politically Active Groups

According to Willian Young, "not all American groups, of course, have political
implications. A great many of them are formed to advance the interests – religious, economic,

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social, and racial – of the individuals who compare them. Advancing the interests of a group,
especially the economic interest, commonly involves participation in the political process.
The state with its vast power and its traditional prestige is in a position to advance
benevolently or to curtail harshly the interest of any segment of socicty.

3. Pressure Groups are Free Associations

Pressure Groups, as Earl Lathem write, are free associations. "They serve important political
ends. Who would not cherish institutions that flows from a natural right of association,
private organisations which are free of governmental control, and therefore, check the
tyrannies of class, party and police”.

Certainly one of the distinctions between open and free societies, on the one hand, and the
dictatorship of the 20th century, on the other, is precisely their difference of attitude towards
private associations. These associations thrive in the land of freedom. They die in jails and
concentration camps of the dictators.

4. Not all Groups have a Direct Political Significance

According to E. Latham, not all groups have direct political significance. For example, to
sociologists, the family is a primary group and to economists investors are a group. Now,
industrial giants, city fathers and stock holders all have something in common within their
respective categories, something that can be called as "interest. Thus they may be regarded as
interest groups. They may have some indirect political significance when parties and public
officials voluntarily take their interest into account.

Model questions

1. Explain the main features of the USA constitution.

2. How is the president of the United States elected? Discuss the powers and functions of the
president of the United States.

3. “The US senate is considered to be the most powerful second chamber in the world”.
Discuss.

4. What is meant by judicial review? Examine the process of judicial review in the US.

5. Discuss the organization jurisdiction and role of the US Supreme Court.

6. Explain the main feature of the party system in the USA.

7. Discuss the role of the US president as the executive of the US political system.

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 UNIT- 3
POLITICAL SYSTEM OF RUSSIA

1.11. COLLAPSE OF USSR AND BIRTH OF RUSSIA

The Union of Soviet Socialist Republics (USSR) was established in 1922 and composed of
fifteen republics. It had a big and deep impact in world politics. It was a super power and a key
actor during 1945-90. However, in 1991, USSR suffered an inglorious collapse due to internal
economic weaknesses and political turmoil. The Soviet central power developed a weakness and its
ability to use power and authority got limited. Shortages in the consumer goods and food provided
fuel to the movement for liberalization. Ethnic conflicts started developing in several Union
Republics. The Union Republics of the USSR, one after the other, started declaring their
independences. The Baltic states of Estonia, Lithuania and Latvia were the first to secure their
independences from the USSR. In August 1991, an unsuccessful communist coup to seize power in
the USSR was staged. The coup further weakened the central power of the USSR. Moreover, power
struggle between Michael Gorbachev and Boris Yeltsin came to the forefront. By November 1991,
the Soviet authority got almost totally eclipsed. All the Soviet Republics declared their
independences and the central government found the situation hopeless.
In November 1991, nine Republics of the USSR, which had declared themselves sovereign
independent states, signed a treaty to form the Commonwealth of Independent States (CIS), a loose
confederation of nine sovereign states. Therefore, Russia, the biggest of the fifteen republics,
asserted its claim for recognition as the successor of the erstwhile USSR. It was accepted by the
new sovereign republics, USA and other states of the world. Thus, on 31st December, 1991, the
flag of the USSR was replaced by the flag of Russia. Mr. Boris Yeltsin, the then President of
Russia, received the nuclear button from Mikhail Gorbachev and Russia inherited the permanent
seat of the USSR in the UN Security Council. With this, the collapse of the USSR became complete
and a super power got confined to the pages of history.
The collapse of USSR was both total as well as partial. It was total in the sense that USSR got
replaced by Russia, CIS, Georgia, Estonia, Latvia and Lithuania. It also reflected the end of the era
of communism in this part of the world, at least for the time being. The collapse of USSR was also
partial because Russia, its successor, inherited 3/4th of territory, population, resources and the
whole of nuclear arsenal of USSR. Russia took over all assets and liabilities of the erstwhile USSR.
However, Russia found itself weak and dependent as it inherited a very weak economic system.
The growing power of USA was another big limitation on Russian power. It was difficult for
Russia to challenge the US power. The internal problems of the country also limited the power of
Russia and its role in international relations. Presence of strong opposition to the leadership of
President Boris Yeltsin within Russia and the power struggle between the Russian Parliament and
the President acted as big limitations on Russian power.
All these factors prevented Russia from effectively taking over the role of the erstwhile USSR
in international relations. Legally it became the successor of the parent USSR, but in practice it
failed to act as a super power or even as a major power in world politics.

1.12. CONSTITUTION OF RUSSIA

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 The Constitution of Russian Federation is legally described as the Constitution of Russia.
Russian Constitution was adopted on 12 December 1993. Article I of the Russian Constitution
declares; “The names ‘Russian Federation’ and ‘Russia’ shall be equivalent”.
The Constitution describes the Russian Federation (Russia) as a democratic, federal, rule of
law state with a republican form of government. It consists of two parts: Section One and Second
Part. Section one has 9 chapters and a total of 137 Articles which lay down the fundamentals of
the constitutional system, the fundamental rights and freedoms of man and citizens, the Russian
federal system and the organization of the executive, legislature and judiciary of the Russian
Federation. The last two chapters deal with the local self-government and the method of
amendment of Russian Federation. The Second part consists of nine Articles and it contains the
concluding and transitional provisions.
Section One
Chapter 1: The Fundamentals of the constitutional system (Art 1-16)
Chapter 2: Rights and Liberties of man and citizens (Art 17-64)
Chapter 3: Russian Federation (Art 65- 79)
Chapter 4: President of the Russian Federation (Art 80- 93)
Chapter 5: The Federal Assembly (Art 94-109)
Chapter 6: Government of the Russian Federation (Art 110-117)
Chapter 7: Judiciary (Art 118-129)
Chapter 8: Local Self-Government (Art 130- 133)
Chapter 9: Constitutional Amendment (Art 134-137)
Second Part
Concluding and Transitional Provisions (Art 1-9)

1.12.2. SALIENT FEATURES OF THE CONSTITUTION OF RUSSIA

The salient features of the constitution of Russia are given below:
1. Written, Enacted and Adopted Constitution: The Constitution of Russian Federation is a
written, adopted and enacted constitution. On December 12, 1993, the Constitution of Russian
Federation was adopted. It was specially drafted, passed, enacted and adopted by the people of the
Russian Federation. It consists of two parts: (a) Section One consisting of 137 Articles, and (b)
Second Part containing 9 Articles covering the Concluding and Transitional Provisions.
2. Rigid Constitution: Chapter 9 of the Russian Constitution contains the provisions regarding
Constitutional Amendment. It provides for a rigid method of amendment. The constitution provides
two different methods of amendment, one for the amendment of chapter 3-8 and the other for the
amendment of chapter 1, 2 and 9. Amendments and revision of the constitutional provisions can be
done by the Russian President, the Federation Council, the State Duma, the Government of the
Russian Federation, legislative bodies of the subjects of the Russian Federation as well as by groups
of the deputies numbering not less than 1/5 th of the total number of the members of the two houses
of the Russian legislature (Art 134).

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3. Fundamentals of the Constitutional System: Chapter 1 of the constitution lays down the
fundamentals of the constitutional system and makes these inviolable foundations of the
Constitution. This chapter lays down the general features and properties of the Constitution. It
contains 16 Articles. The Fundamental Principles lay down that the Russian Federation shall be a
truly federal and democratic polity, and separation of the legislative, executive and judicial
branches shall be the basis for the exercise of state power. Article 13 lays down the ideological
plurality to be followed in the Russian Federation and that there shall be no state ideology or state
sponsored ideology. The Russian Constitution makes these fundamental principles sacrosanct.
4. Fundamental Rights and Liberties of Man and Citizens: Chapter 2 (Article 17 to 64) of the
Constitution of the Russian Federation grants and guarantees fundamental rights and freedoms to its
people. It incorporates a very detailed rights and liberties of man and citizen. It gives recognition to
natural human rights of man.
Chapter 2 clearly says that no law can be made by the state against the basic rights and
liberties of the people. It also recognizes and grants protection to human rights of all.
5. Federalism: The Constitution of Russian Federation is based upon the true spirit of federalism.
The name of the state: “Russian Federation” shows the presence of federalism of the constitution.
Art 1 of the Constitution declares: “The Russian Federation—Russia shall be a democratic, federal,
rule of law state, with the republican form of government”. Art 65 describes Russian Federation as
the federation of 21 Republics, 6 Territories, 49 Districts, 1 Autonomous Region, 10 National
Areas, and 2 Federal Cities. It however, uses the term ‘Subjects’ to refer to all the constituent parts
of the Russian Federation.
6. The constitution describes the status of each unit of the federation and recognizes this
status as adopted by the legislative representative body of each Subject: No federal law on any
Subject can be passed except on the request (nomination) of the executive and legislative body of
the concerned Subject. The status of no Subject can be changed without the consent of concerned
Subject. Thus, the constitution provides for a federation and gives due respect to the autonomy of
the units (Subjects) of the Russian Federation. It describes the jurisdiction of the Russian
Federation as well as its concurrent jurisdiction with the Subjects of the Russian Federation and
grants residuary jurisdiction to the Subjects.
7. Republicanism: The Constitution of the Russian Federation is a republican constitution.
Article 1 of the constitution declares Russia to be a Republic. The President of the Russia, who is
the head of the state, shall be elected for a term of six years by the citizens of the Russian
Federation. He shall be elected on the basis of general equal and direct vote by secret ballot. No
person can hold the office of the President for more than two terms in succession. After completing
two consecutive terms in office, the person will have to wait for at least 6 years to contest for this
office. Presently, Mr. Vladimir Putin is the President and Mr. Mikhail Mishustin and is the Prime
Minister of Russia.
8. Mixture of Presidential and Parliamentary Forms: The Constitution of Russian Federation
provides for a mixture of both Presidential and Parliamentary Model. The features of presidential
system in the Russian Federation are- The President is the head of the state with some real
executive powers. He represents the Russian Federation within the federation as well as in
international relations. He appoints the chairman of the Government of the Russian Federation with
the consent of the State Duma. He has the right to preside over the meetings of the Government of

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Russia. He is the guardian protector of the Constitution and can reject any decision of the
Government which contravenes the provisions of the constitution. He holds a definite tenure and
can be removed only by a difficult process of impeachment. The Government of the Russian
Federation works under the direction and final control of the President of Russia.
Along with it, the Constitution provides for the Government of the Russian Federation which
consists of a chairman, some deputy chairmen and several federal ministers. The President appoints
the chairman with the consent of the State Duma - the lower house of the Federal Legislature. Other
members of the Government are appointed by the President on the recommendation of the
Chairman of the Government. However, the Chairman and ministers of the Government of the
Russian Federation can be removed by the President in case the State Duma passes a vote of no-
confidence against them. The President can take decision for the removal of the Government within
seven days of the passing of the no- confidence motion by the State Duma. This feature makes the
Government of Russian Federation collectively responsible before the State Duma. These features
indicate the presence of a parliamentary form.
9. Bicameralism: The Russian Federation is a bicameral legislature. It consists of two houses-
the Federation Council and the State Duma. The Federation Council is the upper house. Each
Subject (State) of the Russian Federation sends two deputies to Federation Council—one deputy is
sent by the legislature/representative body and the other deputy is sent by the executive body of
each Subject. The State Duma consists of 450 deputies who are elected by the people of Russia for
a term of four years. The State Duma has more power than the Federation Council.
10. Independent and Powerful Judiciary: The Constitution of the Russian Federation provides a
separation between the legislative, executive and judicial branches of the Government (Art 10). It
ensures the presence of an independent Judiciary. It makes the judiciary a guardian, protector and
final interpreter of the constitution and, the rights and liberties of the people.
11. Constitutional Court: The Constitution of Russian Federation also provides for the
Constitutional Court. It consists of 19 judges. It is a powerful judicial court. It has the power to
settle Federal-Subject disputes, to protect the constitutional rights and freedoms of the citizens and
to protect the constitution from unconstitutional acts of the Federal Government as well as of the
legislatures and governments of the Subjects of Russian Federation. It has the power to interpret the
constitution and apply it to specific cases. Any law or any part of a law which is declared
unconstitutional by the Constitutional Court ceases to remain operative thereafter.
12. Supreme Court of the Russian Federation and the Supreme Arbitration Court of Russian
Federation: The Supreme Court of the Russian Federation is the highest judicial body on civil,
criminal, administrative and other matters. All federal judicial courts work under the supervision of
the Supreme Court. The Supreme Court of Arbitration of the Russian Federation enjoys the highest
judicial power in respect of economic disputes and other cases decided by arbitration courts. All
arbitration courts work under the judicial supervision of the Supreme Court of Arbitration. The
judges of both these courts are appointed by the President of Russia.
13. Office of the Prosecutor General and Other Prosecutors: Article 129 of the Constitution
provides for the office of Prosecutor-General (PG) and under him a chain of offices of prosecutors.
All the prosecutors form one chain forming a single hierarchy with PG at the top, higher
prosecutors in the middle and lower level prosecutors at the local levels. The Prosecutor General is
appointed by the President upon the nomination made by the Federation Council. Prosecutors of

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Subjects of Russian Federation are appointed by the Prosecutor General in consultation with the
government of the Subjects. All other prosecutors are appointed by the Prosecutor General.
14. System of Local Self Government: Chapter 8 of the Constitution provides the provisions
regarding Local Self-Government. It provides for the creation of independent local self-government
institutions for the cities, rural areas and other localities. The people of each local area enjoy the
right to organize and run their local government. Each unit of local self-government is an elected
and autonomous unit. It caters to the local needs and decides all local issues with the regular and
active involvement of the local people and their local representatives. The bodies of local self-
government independently manage their properties, finances, approve and execute the local budget,
establish local taxes and levies; ensure law and order and solve their local problems/issues locally.
15. Political Pluralism: The Constitution of Russian Federation accepts and ensures socio-
economic- politico-cultural pluralism. It provides for a truly multinational, culturally pluralistic
society and political pluralism. The people enjoy the right to form their political associations/parties
and to participate freely in the political process. The Constitution reposes faith in liberalism,
liberalization, pluralism and rule of law. It grants and guarantees equality to all citizens, all
nationalities and all Subjects of the Russian Federation.
With all these salient features the Constitution of Russian Federation is a liberal, democratic,
secular, federal republican constitution. The present constitution creates a truly pluralistic
constitutional system with a true spirit of liberal democracy. Since 1993, it has been successfully
guiding the organization and working of the government and administration of the Russia.

1.12.3. FUNDAMENTAL PRINCIPLES OF THE CONSTITUTION OF RUSSIA

Chapter 1 (Art 1- 16) of the Russian Constitution provides the fundamental principles, that
are sacrosanct. As such, the constitution prescribes a very rigid method of amendment to protect
these fundamental principles constitutionally and judicially. It can be amended by a majority of
3/5th of the total members of each house, and approved by the people through a referendum. The
fundamental principles are:
1. Russian Federation i.e. Russia—A Federal Democratic Republic: The first fundamental
principle declares that the names Russian Federation and Russia are equivalent, and that Russia is a
democratic, federal, rule-of-law state with a republican form of government.
2. Firm Faith in Rights and Liberties of the people: The second fundamental principle relates
to the rights and freedoms of man and citizen. It assigns to the state the duty to recognize, respect
and protect the rights and liberties of man and citizens.
3. Popular Sovereignty: Popular sovereignty i.e. supreme power of the people is the source of all
power of the Russian Federation. The people of Russia exercise their power directly and also
through the organs of state power and local self-governments. Free, regular, impartial, competitive
and direct elections and a system of holding referendum on some constitutional amendments
constitute a manifestation of the power of the people. No one can arrogate to oneself power in the
Russian Federation. Seizure of Power or appropriation of power authorization shall be prosecuted
under federal law. The constitution makes revolution or forcible capture of power as illegal.
4. Territorial Sovereignty of Russia: Sovereignty of Russian Federation applies to the entire
territory. Federal constitution and Federal laws enjoy supremacy in every part of the country. The
Russian Federation is committed to secure the integrity and inviolability of its territory (Art 4).

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5. Constituent Units of Russian Federation: The Russian Federation consists of several types of
units. These are designated as the Subjects of Russian Federation. These include republics,
territories, regions, federal cities, an autonomous region and autonomous areas. Each republic has
its own constitution and legislations. Each other unit has its own charter and legislation.
6. Principles governing Russian Federation: The federal structure of Russia is based on the
principles of state integrity, uniform system of state power, delimitation of scope of authority
between Russian Federation and the Subjects, equality of federating units (Subjects) and the
principle of self-determination of the people in the Russian Federation. Equality of all Subjects of
Russian Federation is a fundamental principle.
7. Equal Uniform Citizenship of Russian Federation: Each citizen enjoys a single, equal and
uniform citizenship of Russian Federation. Each citizen is entitled to equal rights and liberties in the
territories of Russia. No citizen can be stripped off his citizenship. However, every citizen has the
right to change his citizenship.
8. Russia as a Social State: Art 7 describes Russia as a social state. Through its policies it is
committed to create a dignified life and free development to its citizens by protecting the work and
health of its people, providing state support for family, motherhood, childhood, disabled and elderly
people, developing a system of social services, and by establishing government pensions, benefits
and other social security.
9. Economic Principles: Russian Federation guarantees unity of economic space, free movement
of goods, services and financial resources. It also supports competition and freedom of any
economic activity. It recognizes and respects all forms of ownership and gives equal protection of
law.
10. Protection of Land and Natural Resources: The Russian Federation protects and uses the
land and natural resources to protect and develop the life and activities of its people. It recognizes
ownership of land and resources to private, state and municipal.
11. Separation of Powers: The three organs of the Russian government- legislative, executive and
judicial are separated and made independent with certain amount of powers. The constitution
expresses faith in the principle of Separation of Powers.
12. Structure of Government: Art 11of the Russian Constitution lays down that the President of
Russia, the Federal Assembly, the Government of the Russian Federation and the Courts shall
exercise power at the federal level. In all the Subjects (Units), the respective authorities shall

exercise power.
13. Local-Self Government: The Constitution of Russia ensures that the local self-government be
organized. These bodies are to function in an autonomous way within their respective areas of
authority and cannot be made parts of the state power bodies.
14. Ideological Pluralism: The Constitution of Russia rejects the traditional state-ideology and
accepts the ideology of pluralism. It recognizes political pluralism, multi-party system and legal
equality of all political associations.
15. Prohibition of Revolutionary Organizations and Means: The Constitution of Russia
prohibits revolutionary associations or organizations based on force and violence, which try to
forcibly occupy state power or the constitutional system. It also bans revolutionary ideology and
revolutionary activities.

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16. Secularism: The Constitution of Russian Federation upholds secularism. Art 14 says: “The
Russian Federation shall be a secular state”. This applies that freedom of religion is guaranteed to
the citizens. No state religion can be imposed in Russia. All religions are equal before law.
Religious Associations and the state stand separated from each other.
17. Supremacy of the Constitution: The Constitution of the Russian Federation is the supreme
law of the land. All the people and places are under the Constitution and therefore, bound to obey
it. No law can violate the Constitution.
18. Respect for Rules of International Law: The Constitution recognizes the principles and
norms of International law and signs international treaties which become supreme law of the land,
even if these laid down rules are different from the laws of the Russian Federation.
19. Status of Chapter One: Chapter 1 constitutes the fundamentals of the constitutional system of
Russian Federation. It cannot be changed except by a very difficult process of revision as laid down
in Article 135 of the Constitution. No provision of the constitution can violate these fundamentals
of the Russian Federation. These are the fundamental principles of the Constitution of the Russian
Federation. They are fundamental, sacrosanct, basic and inviolable principles which govern the
organization, powers, functions and working of the Russian system of governance. They bind all
the organs of state power—national, regional and local. No person or official can act against these.

1.13. RUSSIAN BILL OF RIGHTS

Chapter 2 of the Russian constitution provides the rights and liberties of man and citizens. It
gives an important place to the fundamental rights and freedoms of the people.

1.11.1. FEATURES OF RUSSIAN BILL OF RIGHTS

1. Most Detailed Chapter of the Constitution: Chapter 2 of the Russian Constitution grants
and guarantees the rights and freedoms of the people. It is the most detailed chapter of the
constitution. It is the lengthiest chapter of the constitution containing 48 Articles (Article 17
to 64).
2. Supreme Importance of Rights and Liberties: Article 2 of Chapter 1 gives supreme value
to rights and freedoms of the citizens. It lays down that the state shall recognize, respect and
protect the rights and liberties of man and citizen.
3. Constitutional Protection and Guarantee of Inviolability of Rights: Art 135 defines that
the provisions of Chapter 1, 2 and 9 may not be revised by the Federal Assembly. To revise
any provision of these chapters, the constitution provides for a very difficult method of
amendment (3/5th majority of the two Houses of Federal Assembly, 2/3rd majority of the
total membership of the Constitutional Assembly or popular referendum).
4. Recognition of Natural Rights: The Russian Constitution also recognizes the natural
human rights of all the citizens. Therefore, these rights and liberties have been guaranteed
together with the fundamental rights and freedoms to the people.
5. No Law can violate Rights and Liberties: The Russian Federation prohibited the laws
which deny or belittle the civil rights and liberties of the people.
6. Constitutional and Judicial Protection: The constitution gives constitutional and judicial
protection to the fundamental rights and freedoms of the citizens. The Constitutional Court
has been given the power to reject any law which is violating the rights and freedoms of the

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 people.
7. Rights are binding on All State Authorities and Organs: Rights and liberties described
in Chapter 2 bind all state authorities and organs of state power working at the federal level
and subject level. Article 18 declares: “The rights and liberties of man and citizen shall have
direct effect. They shall determine the meaning and application of laws and the activities of
the legislature and executive branches and local self-government and shall be secured by
judiciary”.
8. Comprehensive listing of A1I Rights: The rights and liberties enshrined in Chapter 2 of
the Constitution include all such civil, political, economic, and social rights and freedoms.
The Russian bill of rights includes all the rights and freedoms which stand listed in the
Universal Declaration of Human Rights (1948).
9. Duties along with Rights: The constitution, while enumerating the rights and liberties of
the people also lists their duties.
10. Inalienable Birth Rights: Art 17(2) of the Russian bill of rights declares: “The basic rights
and liberties of the human being shall be inalienable and shall belong to every-one from
birth”.
11. Restriction of Human and Civil Rights and Liberties on certain grounds: According to
Article 55 of the Constitution, the human and civil rights and liberties of the people can be
restricted by the federal law for the protection of Chapter 1 (Fundamentals), morality,
health, rights and lawful interests of other persons, defense of the country and security of
the state.
12. Restriction of Rights during an Emergency: During the time of emergency, some
restrictions can be placed on rights for the protection and safety of the citizens and the
constitutional system. However, some rights cannot be restricted even during an emergency.
They are Right to Life (Art 20), Dignity of Person (Art 21), Right to Privacy [Art 23(1)],
Right to gather Information (Art 24), Freedom of Conscience (Art 28), Right to use Abilities
and Property (Art 34), Right to Home (Art 40), protection of law, court hearing, legal
consultation and some others (Art 46-54).
Thus, the bill of rights, incorporated in Chapter 2 of the Constitution of Russian Federation is
very detailed, comprehensive, constitutionally protected and judicially enforceable Bill of Rights. It
fully reflects the spirit of liberalism. It also reflects the liberal democratic character of the Russian
polity.

1.11.2. RIGHTS AND LIBERTIES OF MAN AND CITIZENS

The Constitution of Russia grants and guarantees the following basic rights to the citizens.
1. Right to Equality (Art 19): The constitution of Russia guarantees the right to equality
to its citizens. Under this right, the citizens enjoy equality before law and equal
protection of law. The state makes no discrimination on the basis of sex, race,
nationality, language, religious convictions, etc. No restriction on any social, racial,
linguistic or religious ground. Men and women enjoy equal rights and opportunities.
2. Right to Life (Art 20): Everyone enjoys the right to life. However, court of law can
award capital punishment for grave crimes. Each one can seek the protection of courts

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 as well as a fair trial by a court of law.
3. Right to Personal Dignity (Art 21): The state respects the dignity of every person.
Every individual has the right to maintain his dignity. No one can be subjected to
torture, violence, humiliation or humiliating punishment. No one can be subjected to
medical, scientific or other experiments without his or her free consent.
4. Right to Personal Freedom (Art 22): Each one has the right to personal freedom. No
one can be arrested or detained or held in custody without an order of a court of law. No
person can be detained for more than 48 hours without an order of a court of law.
5. Right to Privacy and Family Life (Art23 & 24): Under this right, each one enjoys the
right to personal and family secrets. Everyone has the right to keep the secrets of one’s
personal life to protect one’s honour and good name. No one can gather, store, use or
spread information about the private life of any person without his consent. Inviolability
of house is guaranteed. Trespassing is prohibited except under the court of law.
6. Right to National Identity and Language (Art 26): Everyone in Russia has a right to
state his national identity. No one can be compelled to change his national identity.
Everyone has the right to use his native language, and to freely choose the language of
communication, education, training and creative work.
7. Freedom of Movement: Art 27 of the constitution grants the citizen the right to
freedom of movement. The citizens can move freely within the territory of Russia. They
are free to choose the place of residence or leave or return to the territory of Russian
Federation.
8. Freedom of Conscience, Religious Worship, Thought and Speech, Peaceful
Assembly: Under Article 28, the Constitution grants the right to freedom of conscience,
freedom of religious worship, right to profess or not to profess any religion, freedom of
thought to all the citizens. However, citizens are prohibited to use the right to freedom
of thought and speech to create racial or religious hatred or strife. Every individual has
been given the freedom to think and to share his thoughts. They have the freedom to
choose their own choice of religion. No one can be forced to adopt or criticize any
religion. All the citizens enjoy the freedom to assemble peaceably without weapons. The
citizens are granted with the right of holding public demonstrations and protests which
are peaceful and non-violent.
9. Right to Information: The right to information is granted to all the citizens. Anyone
has the right to seek, get, communicate, transfer, produce, and disseminate information
by all lawful means. Freedom of mass media stands guaranteed. Censorship stands
prohibited.
10. Political Rights and Freedoms (Art 32 & 33): All Citizens are granted with the right
to participate in the political affairs of the state. They have been given the right to elect
freely their representatives, the right to public service, the right to representation, the
right to join state service, the right to make petitions to the state, and the right to
participate in the administration of justice.
11. Right to Economic Freedom or Economic Rights: Every citizen has the right to freely
use his or her abilities and property for lawful economic activity. However, economic
activities aimed at unfair competition stand prohibited (Art 34). People have the right to
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 organize and manage their economic associations and trade unions for protecting their
interests. Anyone can join any profession, trade or occupation.
The right to property belongs to all the citizens. Each citizen can have and use his property. The
right of inheritance stands guaranteed. Citizens and associations can own moveable as well as
immoveable property. They can use freely their property and resources.
12. Social Rights (Art 38-41): The social right guaranteed state protection to Motherhood
and childhood. The children have the right to get parental care and upbringing. Non-
employable parents have the right to be looked after by their employable children of 18
years or above of age. Everyone enjoys social security in case of old age or disability, or
disease or the loss of bread winner. The state provides social benefits and social
pensions. Everyone has the right to have a home. No one can be arbitrarily deprived of
his home. Poor citizens are provided with free houses or houses on low payments by the
government or municipalities. Every citizen enjoys the right to health care. State
provides medical assistance to the needy and establishes Free State and municipal health
care centers. Citizens enjoy the right to education, and freedom of literary, artistic,
scientific, intellectual and other creative pursuits.
13. Right to a Home (Art 40): everyone shall have the right to a home. No one may be
arbitrarily deprived of his or her home. State authority and local self-government shall
encourage housing construction and create conditions for exercising the right to a home.
Citizens with less income and those people in need of a home shall receive it gratis
(free) or for reasonable payment from the state, municipal and other housing stocks
according to the norms fixed by law.
14. Protection of Human Rights: The Constitution, under its Article 45, guarantees the
protection of human rights and liberties to all. The state has been vested with the
responsibility to protect the human rights of all. Further, everyone enjoys the right to
defend his or her rights and liberties by all lawful means.
15. No Deportation of Citizens: The citizens of the Russian Federation are not to be
deported out of Russia or extradited to another state. Russian state guarantees to its
citizens defense and patronage even outside Russian territory.
16. Rights of Foreigners and Grant of Political Asylum: Foreign citizens enjoy certain
rights and liberties under the Russian Constitution (Art 62(3)). The Russian Federation
grants the right of political asylum to foreign citizens and stateless persons. Persons
accused of political crimes or persons sought to be prosecuted on account of their
political views or actions are not extradited by the Russian Federation.
17. Right to Protection of Rights: Protection of rights and liberties has been guaranteed to
the Russian citizens by a court of law. The courts of law have the power to enforce these
rights. The people can challenge any law of the state if it violates any of their rights and
liberties. The people can get their human rights enforced by the concerned organs of
state power. Each person has the right to seek the protection of law and the law courts.
No arbitrary punishment. No one can be punished unless his guilt has been legally
proved in the court of law. No one can be punished twice for the same crime. Every
person who has sustained harm from a crime has the right to get the protection of law.
The state guarantees to the victim the right to get justice and compensation for the

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 harm/damage suffered.

1.11.3. DUTIES OF MAN AND CITIZENS

Under its Articles 57 to 62, the Constitution lists the duties of Russian citizens. These are:
a. Duty to pay lawful taxes and fees. (Art 57)
b. Duty to preserve nature, natural wealth and the environment (Art 58)
c. Duty to defend the homeland
d. Duty to perform military service in conformity with the law of the Russian Federation.
Citizens who are exempted from military service will have to perform an alternative civil
service.
e. Citizens can independently exercise their rights and duties only after attaining the age of 18
years.

1.12. THE RUSSIAN FEDERATION

The Constitution of Russia describes the state as a democratic, federal and rule of law state. It
makes Russia a true federation. Even the name of the state 'Russian Federation’ has been repeatedly
used in the text of the constitution and the name Russia has been described only as the alternative
name. Chapter 3 of the Constitution stands devoted to a discussion on the nature of Russian
Federation.
The Russian Federation is a sovereign state. It consists of several types of federal units such
as Republics (21), Territories (6), Districts (49), Autonomous Regions (1), National Areas (10), and
Federal Cities (2).
Article 5 of the Constitution declares that all these units shall be equal Subjects of the Russian
Federation. The word “Subjects” has been used to refer to all these units and the Constitution
makes a division of powers between the Russian Federation and the Subjects. Each Republic has its
own constitution and legislation; other Subjects have their own charters and legislations. The status
of an existing Subject can be changed only with the mutual consent of the Russian Federation and
the concerned Subject or Subjects.

1.12.1. FEATURES OF FEDERALISM IN RUSSIA

The essential and fundamental features of federalism in Russia are given below:
1. Written Constitution. The Constitution of Russian Federation is a written constitution.
It declares the state as a democratic, federal and rule of law state. Chapter 3 of the
constitution describes the federal features of the constitution. It lays down the division
of powers between the federal government and the governments of the Subjects of
Russian Federation.
2. Rigid Constitution: The Constitution of Russian Federation provides a rigid method of
amendment. Constitution can be amended only by a special procedure of amendment.
Amendment proposal can be made by the President of Russia, the Federation Council,
the State Duma, the Government of Russia, legislative assemblies of the Subjects and
groups of deputies numbering not less than 1/5th of the total number of deputies of the

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 Federation Council and the State Duma. The proposal has to be approved by at least
2/3rd of the Subjects of the Russian Federation in order to become an Act.
For chapters 1, 2 and 9, the proposal is to be made by a majority of at least 3/5th of the total
memberships of the Federation Council and the State Duma. Thereafter, a special constituent
assembly has to pass the amendment proposal by a 2/3rd majority of its total membership or the
proposal has to be submitted for a popular vote i.e. referendum. In case a clear majority (51%)
supports the proposal, it becomes a part of the Constitution. However, the referendum is considered
valid only if at least 50% of the electorate exercises its right to vote.
3. Subjects of the Russian Federation. Russian Federation has several types of federating
units which are referred to as the Subjects of the Federation. Constitution ensures :
(i) Equality of all Subjects.
(ii) Each Republic has its own constitution and legislation and every other Subject has its own
charter and legislation.
(iii) The status of each Subject is defined by a federal law. Such a law is passed by the federal
government and adopted by the legislative and executive bodies of the concerned Subjects.
(iv) The status of a Subject or Subjects can be changed only by a mutual consent of the federal
government and the concerned Subject or Subjects,
(v) Each Subject enjoys autonomy in carrying out its legislative and executive functions. The
sovereignty, however, belongs to the Russian Federation.
(vi) The Russian language is the language of the Russian Federation. But, the Republic can have
its own state language.
(vii) Boundaries of no Subject can be changed without the consent of the concerned Subjects
4. Russian Federation as a Multi-national Society. Article 3 recognizes and accepts the
multinational character of the Russian population. Each ethnic group enjoys cultural and
linguistic freedom and equal honorable status.
5. Supremacy of the Constitution. The Constitution of the Russian Federation is the
supreme law of the land. No constitution of a Republic or the Charter of every other
Subject can in any way oppose the Constitution of Russia. Both the government of the
Russian Federation and the governments of the Subjects derive their powers from the
Constitution of Russia. The judiciary acts as the guardian, protector and interpreter of
the Constitution.
6. Division of Powers. The Constitution of Russia offers a division of powers between the
Federation and the Subjects. It defines the jurisdiction of the Russian Federation, the
joint jurisdiction of the Federation and the Subjects, and leaves the residuary jurisdiction
for the Subjects. It also defines the jurisdiction of the Subjects.
7. Dual Administration. The Constitution of Russia provides for a dual Administration.
Each citizen obeys the federal laws, and pays federal taxes. Along with it, he obeys the
Subject laws and pays the taxes of the Subject in which he resides/works. Russian
Federal government enjoys powers over matters falling in its jurisdiction and each
Subject enjoys autonomy in its internal administration. However, no law of a Subject
can in any way violate any federal law.
8. Bicameral Federal Assembly. The Federal Assembly (Parliament) is a bi-cameral
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 federal legislature. It consists of two houses- the Federation Council and the State
Duma. Each subject of the Russian Federation sends two deputies (representatives) to
the Federation Council. One Deputy each is sent by the legislative and executive
authorities of a Subject. It is representative of the Subjects of Russian Federation. The
State Duma, the lower house, represents all the people of Russia.
9. Single Citizenship. The Russian Federation provides for a system of single citizenship.
Each citizen enjoys a single, common and equal citizenship of Russia.
10. Independent Judiciary with a Special Constitutional Role. The Constitution of
Russian Federation establishes an independent judiciary. Judiciary has been given the
power to interpret the constitution. It has the power to settle all disputes between the
Russian Federation and the Subjects of Russia. The Constitutional Court is the apex
level court and has the jurisdiction to settle Federal-Subjects disputes. It acts as the
guardian, protector, and interpreter of the Constitution.
The above discussed features clearly reflect the federal character of the Russian Federation.
The Russian federal system is characterized by the presence of a strong and powerful
central/federal government. The Constitution defines and finally determines the status of each
Subject of the Federation. Federal laws enjoy primacy over the laws of the Subjects.

1.13. PRESIDENT OF RUSSIA: ELECTED HEAD OF STATE

The Constitution of Russian Federation declares the state as a Republic State. It provides for
an elected head of state, the President of Russia. Art 80(1) records: "The President of the Russian
Federation shall be the head of state”. He symbolizes Russia as a sovereign independent republic.
He represents the Russian Federation inside the country as well as in international relations. At
present, Vladimir Putin is the President of the Russian Federation.
Qualifications
The Constitution lays down several qualifications for the office of the President
1. He should be a citizen of Russian Federation
2. He should not be less than 35 years of age
3. He should have resided in Russia for not less than 10 years
4. He should not be a member of any other legislative or executive body of state power
5. He should be a person of sound health and integrity.

Method of Election
Art 81-1 of the Constitution clearly says that the President of Russia shall be directly elected
by the citizens of Russian Federation. He shall be elected by the voters on the basis of general,
equal, direct vote and secret ballot. In order to win an election to the office of the President, a
candidate has to secure an absolute majority of votes in the election. In case no candidate gets the
majority, a second ballot is held after three weeks of the first ballot. In the second ballot only two
candidates who have secured the highest number of votes in the first ballot, contest the election. In
this vote naturally one of the two candidates is in a position to get a clear majority, and he becomes
the President.

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Tenure
The President of Russia is elected for a fixed term of six years. No person can hold the office
of the President for more than two terms in succession. In other words, a person can remain
President for a maximum of 12 years at a stretch. Then, after a gap of 1 term i.e. the same person
can again get elected to this office. There is no bar on the number of times a person can hold the
office of President. The only condition is “not more than two consecutive terms”.
The tenure of the President begins from the date he assumes his office. The existing President
continues to hold office till the new President is elected.
Oath
The President takes the oath of his office. He takes the oath in the presence of the members of
Federation Council, State Duma and judges of the Constitutional Court of the Russian Federation.
Vacancy in the Office of President
The President holds his office for a fixed term of six years. However, he can resign from his
office at any time. His office can also become vacant due to serious health problem or incapacity.
This incapacity can be temporary or permanent.
In case of a temporary incapacity, the Chairman of the Government of Russian Federation
temporarily performs the functions of the President. In case a permanent vacancy occurs in the
office of the President due to death or permanent incapacity on health ground or resignation or
removal by impeachment, the Chairman of the Government of Russian Federation takes over as
acting or ad-hoc President. Thereafter new election for the presidency is held within three months
and a new President is elected.
Impeachment of the President
The Russian president can be impeached only on high treason or some other grave crime. The
impeachment charges can be done by the State Duma. The impeachment process can be done by
1/3 rd of the deputies of the State Duma and then referred to a special commission formed by the
State Duma. In case the State Duma adopts the impeachment resolution by a 2/3rd majority of its
total membership, the same goes to the Federation Council. The Federation Council can either pass
the impeachment resolution by 2/3d majority of its total membership or reject it. If the
impeachment resolution is rejected by the Federation Council, the President cannot be removed
from office. In case the Federation Council adopts it, it is sent to the Supreme Court of Russian
Federation for confirmation. If it is confirmed by the Supreme Court and the Constitutional Court,
the President stands impeached and his powers get terminated.
Legal Immunity
The President of Russia enjoys full legal immunity for acts done in office. He can remain
President of Russia for only two consecutive terms i.e. 12 years continuously. After completing two
consecutive terms, there has to be a gap of one term (6years). Then after a gap, the same person can
contest and get elected for the office of the President.

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1.13.1. POWERS AND FUNCTIONS OF THE RUSSIAN PRESIDENT
The Constitution of Russian Federation has assigned the President a large number of real
powers and functions. He is the head of state and the Chief Executive with several real powers. As
head of the state, he performs all ceremonial functions and represents the Russian Federation inside
the country and in international relations. He appoints Russian ambassadors to other countries and
accepts credentials of the ambassadors of other countries in Russia.
1. Powers of the Russian President as the Chief Executive
a. President as the Guarantor of the Constitution and Rights. Under Art 80 the President
is the guarantor of the constitution and of human and civil rights and freedoms of the
people. He takes all required steps to protect the sovereignty of Russia, its independence and
the integrity of the state. He ensures concerted functioning and interaction of the organs of
the state power.
b. Determinates Domestic and Foreign Policy of Russia. The President defines the basic
domestic and foreign policy guidelines according to the provisions of the constitution, the
federal laws and for the national interest of Russia. The President supervises the conduct of
foreign policy of Russia, conducts negotiations and signs international treaties as well as
instruments of ratification. He appoints and recalls ambassadors with the consultation of the
Federal Assembly.
c. Supreme Commander of Armed Forces. The President is the supreme commander in-
chief of the armed forces of Russia. He is responsible to protect the sovereignty, security
and integrity of Russia. He can declare martial law in the territory of Russia or in any part of
it. However, he has to send the notification immediately to the Federation Council and the
State Duma.
d. Executive and Administrative Powers. Article 83 of the Constitution defines the powers
of the President in relation to the Government of Russia i.e. the executive or ministry.
a. The President appoints the chairman of the Government of Russia (Prime Minister) with the
consent of State Duma.
b. The President has the right to preside over the meetings of the Government.
c. The President nominates the Chairman of the Federal Bank of Russia to the State Duma
d. The President appoints the Deputy Chairman of the Government of Russia and the federal
ministers
e. Judges of the Constitutional Court, the Supreme Court and the Supreme Arbitration Court are
appointed by the Federation Council upon the recommendations made by the President of
Russia.
f. The Federation Council appoints the Prosecutor General of Russian Federation on the basis of
the recommendations made by the President of Russia.
g. The President forms and heads the Security Council of the Russian Federation.
h. The President endorses the military doctrine of the Russian Federation.
i. He appoints the staff of the office of the President.

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 j. He appoints and dismisses the Supreme Command of the Armed Forces of Russia.
k. The President can suspend the acts of the executive organs of the Subjects as are deemed to
contravene the Constitution of Russia, the federal laws, the international obligations of Russia
or human and civil rights and liberties.
l. The President can use dispute-settlement procedures for settling differences between federal
organs of power and the organs of state power of the Subjects, and also between the organs of
power of different Subjects.
2. Legislative Powers of the Russian President
The President enjoys several functions in the legislative sphere.
a. He issues orders for the elections to the State Duma.
b. It can dissolve the State Duma before the expiry of its full term.
c. He signs and publishes all federal laws.
d. He can introduce draft bills in the State Duma.
e. He is responsible to get a referendum held on constitutional amendments.
f. He sends annual messages to the Federal Assembly on the national situation as well as on the
basic directions of internal and external policies of the state.
g. President can address joint sessions of the Federation Council and State Duma.
h. The President has the power to issue decrees and executive orders which are binding
throughout the territory of Russia. However, no decree or executive order can violate the
Constitution of Russia or any federal law.
3. Emergency Powers of the Russian President
The President has the power to impose an emergency in the whole of Russia or in any part of
it. However, he has to immediately notify the emergency declaration to the Federation Council and
the State Duma. The emergency notification can remain in force only when approved by the two
houses of the Federal Assembly. The President can take decisions, steps and actions which are
essential for the emergency. In case of aggression or threat of aggression against Russia, the
President is responsible to preserve, protect, defend and secure the territorial integrity and
sovereignty of the Russian Federation.
4. Miscellaneous Powers of the Russian President
(i) The President has the power to resolve issues of citizenship of Russia.
(ii) He can grant political asylum to aliens in his country.
(iii) He awards decorations, confers honorary titles, military ranks and top specialized titles.
(iv) The President can grant pardon, reprieve or amnesty to any person in Russia.

1.13.2. POSITION OF THE PRESIDENT OF RUSSIA

The President of Russia enjoys a very powerful position. He is the head of State of the
Russian Federation and enjoys several real executive, legislative and financial powers. He is the
guarantor of the Constitution. The Government of Russian Federation works under the direction,
guidance and control of the President. He can suspend any act of the government of any Subject
which is pending in the court. He has the power to declare emergency in the country. He can take
all suitable steps for meeting an emergency. He defines the basic framework of all policies of
Russia. He is the protector of the rights and freedoms of the people. He protects the sovereignty and
independence of state, and the security and integrity of the nation.
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 He is the supreme commander of armed forces. He is the controller of the nuclear button. He
makes the security policy of the state. He conducts the foreign policy and foreign relations. He
represents the country in international relations. He is the leader of the nation. As the
elected/popular head of the state, the President of Russian Federation enjoys a powerful position. In
fact, the office of the President of Russia is the most powerful office in the political system of
Russia.
The office of the Russian President was very powerful. However, in 2008 this office became
less active and less powerful. Presently, Mr. Vladimir Putin is the President of the Russian
Federation.
The office of the Russian President can be compared to the office of the US President or that of the
British Prime Minister.

1.14. GOVERNMENT OF RUSSIA

The federal or central government of Russia is popularly known as the Government of
Russian Federation. Art 110 declares: “Executive power in the Russian Federation shall be
exercised by the Government of Russian Federation.”
1. Organization: The Government of Russian Federation consists of one chairman, several
deputy chairmen and some federal ministers. Prime Minister is the Chairman of the
Government of Russia. He along with the deputy chairmen and federal ministers
constitute the Russian Council of ministers or the Ministry which is referred as to the
Government of Russian Federation.
2. Method of Appointment of the Chairman of the Government: The Chairman of the
Government of Russian Federation (Prime Minister) is appointed by the President of
Russia with the consent of the State Duma.
The President of Russia proposes the name of a person for appointment as the chairman to the
State Duma. If the name is approved by the State Duma, the nominated person gets appointed as the
Chairman (Prime Minister) of the Government of Russian Federation. In case the State Duma
rejects the nomination, the President makes another nomination. If the State Duma rejects three
times the nominations made by the President, the latter appoints the Chairman, dissolves the State
Duma and orders new elections. Thus, the State Duma can reject only twice, the nominations made
by the President.
3. Method of Appointment of Deputy Chairmen and Federal Ministers: The Chairman
of the Government submits to the President a list of persons to be appointed as Deputy
Chairmen and other federal ministers. They are then formally appointed by the
President.
4. Tenure of the Government: The tenure of the Government of Russian Federation is 6
years. The Government can subunit its resignation to the President of Russia at any time.
However, the President has the right to accept or reject it. Further, the State Duma can
pass a vote of no-confidence against the Government. But the President decides whether
to remove or retain the Government. In case the State Duma passes a no-confidence
motion twice within a period of three months, the President announces the resignation of
the Government at the same time, dissolve the State Duma. Moreover, the Government

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 of Russian Federation can seek a vote of confidence from the State Duma. In case the
State Duma rejects the confidence vote, the President takes the final decision about the
fate of the Government within seven days. He can admit the resignation of the
Government and can also dissolve the State Duma and order new elections for it.

1.14.1. NATURE OF RUSSIAN GOVERNMENT

The Government of Russian Federation is a presidential government with some features of
the parliamentary system. After his appointment, the Chairman of the Government (Prime Minister)
submits to the President of Russia the proposals regarding the structures of the federal bodies of
executive power. He determines the guidelines of the work of the Government of Russia. He
decides about the organization and working of all the federal bodies of executive power and the
Government of Russia under the directions and decisions of the President. This feature makes the
organization and working of the Government similar to the working of a Presidential system of
government.
There are four other features that make the Government of Russia look like a Parliamentary
form of government:
(i) The consent of the State Duma in the appointment of the Chairman of the Government
(ii) The State Duma can pass a no-confidence vote against the Government
(iii) The Government can itself seek a vote of confidence from the State Duma
(iv) The President can dissolve the State Duma before the expiry of its full term and order for fresh
elections.
These features reflect the presence of a parliamentary form of government in Russia.

1.14.2. POWERS AND FUNCTIONS OF GOVERNMENT OF RUSSIA

Articles 114 and 115 enumerate the powers and functions of the Government of Russian
Federation. They are as follows;
a. To prepare and submit the federal budget to the State Duma.
b. To carry out the work of the Government in accordance with the federal budget as passed by the
State Duma.
c. To submit a report on the execution of federal budget to the State Duma.
d. To ensure the implementation of a uniform financial, credit and monetary policy in the whole of
Russian Federation.
e. To ensure the implementation of uniform policies in the fields of culture, science, education,
health, social security and ecology in the whole of Russian Federation.
f. To take all the measures necessary for ensuring the defense and security of the state.
g. To implement the foreign policy of Russia.
h. To implement measures to ensure legality, the rights and freedoms of citizens, protection of
property and public law, to maintain order and to control crime.
i. To implement and use all the powers as granted by the Constitution, the federal laws and decrees
of the President.
j. To issue decrees and orders as may be necessary for the implementation of the Constitution, the

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 federal laws and the decrees of the President.
However, the President of Russia can repeal the decrees and orders of the Government of
Russia in case these are against the Constitution of Russia, the federal laws and the decrees of the
President.
Thus, the Government of the Russian Federation carries out all its work under the
constitution, the federal laws and decrees of the President of Russia. It is the executive and
administrative agency working under the supervision, guidance, control and policies of the
President. The President plays an important role in the organization and working of the
Government. He is the policy-maker and regulator of the Government of Russian Federation. He
lays down all the domestic and foreign policies of the state. The Prime Minister and all other
members of the Government work as per the decisions and decrees of the President.

1.15. RUSSIAN PARLIAMENT: The Federal Assembly

The Constitution of Russian Federation provides for a bicameral legislature and named it as
the Federal Assembly. The Federal Assembly consists of two houses—the Federation Council and
the State Duma.

1.15.1. THE FEDERATION COUNCIL

The Federation Council is the upper house. It is the house representing the Subjects of the
Russian Federation. Each Subject of the Federation sends two deputies (members) to the Federation
Council-one from the representative body and one from the executive body of state authority of
each Subject. No member of the Federation Council can become a member of any other legislative
body or a member of executive body or member of any organ of local I self- government. Every
deputy of the Federation Council is sent by his Subject and he represents its interests. The
legislature of each Subject has the right to recall its representatives in the Federation Council by
passing a resolution with 2/3rd majority.
The members of the Federation Council elect one of its members to be the chairman of the
Federation Council. The chairman presides over the sessions and meetings of the Federation
Council and supervises the internal rules of the house. In his absence, his deputies preside over the
meetings.

1.15.2. POWERS AND FUNCTIONS OF THE FEDERATION COUNCIL

The jurisdiction of Federation Council includes the following subjects as listed in 102 of the
Russian Constitution.
a. Approval of changes of borders/boundaries between the Subjects of Russian Federation.
b. Approval of the decree of the President of Russia on the introduction of martial law.
c. Approval of the decree of the President of Russia on the introduction of a state on
emergency.
d. Making decisions regarding the use of the Armed Forces of Russia outside the territory of
Russia.
e. Calling the elections of the President of Russia.
f. Impeachment of the President of Russia.
g. Appointment of the judges of the Constitutional Court of Russia, the Supreme Court of
Russia and the Supreme Court of Arbitration of Russia. The names of the judges are

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 proposed by the President of Russia and the appointments are made by the Federation
Council.
h. Appointment to the office and the removal from office of the Prosecutor General Russia.
i. Appointment to office and the removal from office of the Deputy Chairman of the
Accounting Chamber and half of the staff of its auditors.
Article 106 of the Constitution also says that the federal laws made by the State Duma on the
following subjects/issues will have to be essentially sent to the Federation Council:
(a) The federal budget,
(b) Federal taxes and levies,
(c) Financial, monetary, credit and customs regulations and money emission,
(d) Ratification and denunciation of international treaties of Russia,
(e) The security and protection of the state borders of Russia, and
(f) War and Peace
Thus the Federation Council is the upper house of the Federal Assembly of Russian
Federation. It is a house representing the interests and opinions of the Subjects. It has the powers to
pass resolutions on all such issues which are within its jurisdiction. It has the right of legislative
initiative. The laws passed by the State Duma come to the Federation Council. Such laws can be
passed by the Federation Council by a majority of its deputies. The law then goes to the president
for his signature. In case, the Federation Council rejects any law passed by the State Duma, the
latter has to re-pass it by a majority of at least 2/3rd of the total number of its members. Thus, the
Federation Council has been given a specific role.

1.15.3. THE STATE DUMA

The State Duma is the lower house of the Federal Assembly. It consists of 450 deputies who
are directly elected by the people of Russia. 225 Deputies are elected by the people from single
member territorial constituencies and the remaining 225 are elected by a system of proportional
representation— List System. Universal Adult Franchise (Minimum age for right to vote is 18
years), single member constituencies, single electorate, single vote system, secret-ballot and simple
majority vote victory system are the salient features of elections.
Any citizen who is 21 years or above and who has the right to take part in elections, can be
elected as a deputy of the State Duma. No one can be simultaneously a member of the State Duma
and Federation Council or any other representative body working in any part of Russia.
The deputies of State Duma work on a permanent professional basis. No deputy can be
employed in the civil service or engage in any activity for remuneration other than teaching,
research or other creative activities.
State Duma is elected for a term of five years. It can be dissolved by the President of Russia
before the expiry of its full term. If the State Duma rejects thrice the name of the candidate
proposed by the President of Russia for appointment as the Chairman of the Government of Russia,
the President can dissolve it and call for new elections to State Duma. However, State Duma cannot
be dissolved at a time when it has leveled accusations against the President of Russia and
impeachment proceedings are to take place against the President. Further, it cannot be dissolved
during the period of the state of emergency or martial law throughout the territory of Russia as well
as within six months of the expiry of the term of office of the President of Russia.
Normally, the Deputies of the State Duma work on a permanent professional basis. They

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cannot hold any other job or engage in any activity for remuneration other than teaching, research
or other creative activities. During their tenures, the Deputies enjoy several immunities. A deputy
cannot be detained or arrested or searched. However, he can be detained in a criminal case and
searched when authorized by law.

1.15.4. JURISDICTION, POWERS AND FUNCTIONS OF STATE DUMA

Jurisdiction of State Duma
a. The State Duma grants consent to the President of Russia for the appointment of the Chairman
of the Government of Russia.
b. State Duma can cause the fall of the Government by rejecting a confidence resolution moved
by the Government.
c. The State Duma decides the appointment and dismissal of the Chairman of the Central Bank of
Russia
d. It decides the appointment and dismissal of the Chairman of the Accounting Chamber and half
of its staff of auditors.
e. It decides the appointment and dismissal of the Plenipotentiary (Minister) for Human Rights.
f. It decides the grant of amnesty.
g. It levels the impeachment charges against the President of Russia.
h. It adopts the resolutions on the issues of its jurisdiction under the Constitution of Russia.

Legislative Powers of the State Duma

The State Duma introduces draft laws on financial matters such as imposition or abolition or
reduction of taxes, payments, budget, and changes in financial obligations of Russia. The Draft
laws are considered and passed by the State Duma by a majority of votes of all its Deputies. When
passed by the State Duma, the draft laws go to the Federation Council for review. The Federation
Council has to act within a period of fourteen days. If it passes the law by a majority of its deputies,
it goes to the President for his assent and becomes an Act. In case the Federation Council fails to
take any decision within 14 days, the law is considered to have been passed by it. However, if the
Federation Council rejects the law, a conciliatory commission is set up by the two Houses for
resolving the differences. Thereafter, the law is again considered by the State Duma. In case the
differences persist and the State Duma re-passes the concerned law by a 2/3rd majority of the total
number of its Deputies, the concerned law becomes an Act.
Under Article 106, the Constitution makes it mandatory for the Federation Council to
consider certain types of laws as stand passed by the State Duma. Such laws include:
(a) The federal budget.
(b) Federal taxes and levies,
(c) Financial, monetary, credit and customs regulations and money emission,
(d) Ratification and denunciation of international treaties of Russia,
(e) Status and protection of the state borders of Russia,
(f) War and Peace.
The President can sign this law within 14 days and in this case, it becomes an Act and gets
published. In case the President rejects a federal law within 14 days and returns it for
reconsideration, the State Duma and the Federation Council have to reconsider it. If after
reconsideration the concerned federal law is re-passed by the two houses with 2/3rd majority of

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their total memberships, the President has to sign and publish the federal law within seven days.
Thus, the President of Russia can exercise a veto to suspend the federal laws passed by the two
houses of the Federal Assembly.

1.15.5. POSITION OF THE STATE DUMA

The State Duma is the lower house of the Federal Assembly of Russia. It represents the
people of Russia. It is the national, popular, democratic and directly elected house of the Federal
Assembly. It enjoys a large amount of legislative and financial powers. It can override the dissent
of the Federation Council. The position of State Duma can be compared with the Indian Lok Sabha
and the British House of Commons. All federal laws, ordinary as well as financial, originated in the
State Duma. The State Duma has the final say on all federal laws. The Federation Council can at
the most, cause a delay in the passing of laws. The State Duma can cause the fall of the
Government of Russia by rejecting its confidence vote. Thus, the State Duma is a powerful house.
It enjoys a superior and more powerful position.
The State Duma and the Federation Council together constitute the Federal Assembly—the
Parliament of the Russian Federation. The Constitution describes it as the supreme representative
legislative body of the Russia Federation. However the Federal Assembly is not a sovereign body.
a. The Federal Assembly works in accordance with the provisions of the Constitution of Russia.
b. The President of Russia can exercise a suspensory veto over the laws passed by the Federal
Assembly.
c. In some cases, the President of Russia can dissolve the State Duma before the expiry of its full
term.
d. The Constitutional Court of Russia can exercise the power of judicial review over the laws
passed by the Federal Assembly.
e. The two Houses of the Federal Assembly can pass federal constitutional laws but only with
very large majorities—3/4th of total members in the Federation Council and 2/3rd of total
membership in the State Duma.
f. The Federal Assembly can make laws only on the subjects specified by the Constitution under
its Articles 71 and 72.
g. No federal law can violate any federal constitutional law.
Thus, the Federal Assembly of Russia is a federal, democratic and national legislature. It
enjoys a strong and prestigious position in the Russian political system. However, it is neither
sovereign nor a very powerful legislature.

1.16. THE RUSSIAN JUDICIARY

The Constitution of the Russian Federation establishes a strong and independent judiciary. It
has been given the power to protect the rights and freedoms of the people as well as the supremacy
of the Constitution. It is made independent from the executive and the legislature. Thus,
independence of judiciary and its separation from the legislative and executive bodies are the two
cardinal principles of the judiciary in Russia.
Chapter 7 of the Russian Constitution (Art 118 to 129) lays down the basic principles and
functions of the law courts.

1.16.1. FEATURES OF RUSSIAN JUDICIARY

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 1. Justice by Law Courts. Article 118 declares that justice will be administered by law courts.
It prohibits the creation of extraordinary courts. All the judicial powers are exercised in
constitutional, civil, criminal and administrative cases.
2. Independence of Judges. Art 120 of the Constitution clearly mentions the judges to act
independently. This does not mean that they act on their own for their personal interests. They act
according to the Constitution of Russia and the federal law. No judge can act against the
constitution and the federal law.
3. Duly Qualified Judges. The Constitution declares that any Russian citizen who is 25 years
of age or above, holding a law degree, and having a minimum of 5 years of experience in legal
profession can become judges of the courts of law. The federal law can, however, prescribe some
additional uniform qualifications for judges.
4. Non-Replacement of Judges. The Constitution makes the office of the judge inviolable.
Art 121 declares that the Judges cannot be replaced, terminated or suspended, except by procedure
established by law and on certain specified grounds.
5. Immunity of Judges. The Constitution grants immunity to judges. Art 122 says that
criminal proceedings cannot be brought against a judge for the judgments pronounced by him.
6. Open Trial. The Constitution prohibits secret trials. All trials in law courts have to be open.
No case can be heard in absentia. Every accused is entitled to a fair, impartial and open trial.
7. Trial by Jury. The Constitution accepts the principle of trial by jury, but only for certain
cases as stipulated and described by the federal law.
8. Independent Finances. The Constitution declares that the law courts will be financed only
out of the federal budget. The budget will provide for adequate and necessary funds for running the
judicial administration by the law courts
9. Three Separate Apex Level Courts. The Constitution provides three separate apex level
courts: (I) The Constitutional Court of the Russian Federation (II) The Supreme Court of the
Russian Federation, and (III) The Supreme Arbitration Court of the Russian Federation.

1.16.2. THE THREE SEPARATE APEX LEVEL COURTS

The judiciary in Russia is not a single whole; it is split into three branches: The Constitutional
Court, the Supreme Court and the Supreme Arbitration Court. All these three courts are at the apex
level.
I. The Constitutional Court of Russia
The Constitutional Court of the Russian Federation consists of 19 judges. The President of
Russia proposes the names of the persons to be appointed as judges of the Constitutional Court and
the appointments are made by the Federation Council. This court is the guardian-protector of the
Constitution. It has the power to decide disputes between the Federation and the Subjects as well as
among the Subjects of the Russian Federation.

Jurisdiction of the Constitutional Court

Article 125 of the Constitution lays down the jurisdiction of the Constitutional Court of
Russia. They are as follows:
a. Power to decide cases involving the issue of compliance with the Constitution of Russia:
the Constitutional Court is the protector of the Constitution. It has the power to decide cases

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involving the issue of compliance of the federal laws, executive acts of the President of Russia,
Acts and Laws of the Federation Council, the State Duma, and Government of Russia,
Constitutions of the Republics and, laws and orders of the Subjects of Russian Federation. It has the
power to examine the constitutional validity of the agreements between the state bodies of the
Subjects as well as the international agreements of Russia which have not yet entered in force.
b. Power to settle Federal-Subject Disputes: The Constitutional Court has the power to
resolve (i) disputes between the Russian Federal Government and the Governments of the Subjects
of Russian Federation, (ii) disputes between the state bodies of Russia and the state bodies of the
Subjects of Russian Federation, and (iii) disputes between supreme state bodies of the Subjects of
Russian Federation.
c. Power to protect Fundamental Rights and Freedoms: The Constitutional Court acts as the
protector of the fundamental rights and freedoms of the citizens. It exercises the power of judicial
review over the laws of the state. It can reject any law as unconstitutional in case it violates the
rights and freedoms of the citizens.
d. Power to interpret the Constitution: The Constitutional Court interprets the Constitution of
Russia when request by the President of Russia or by the Federation Council or State Duma, or
Government of Russia or legislative bodies of the Subjects of Russian Federation.
Under Article 125 clause 6, any Act which is held to be unconstitutional by the Constitutional
Court immediately loses its validity and force. The International agreements made by Russia which
violate the Constitution cannot be enforced and applied. The power to review all such agreements
belongs to the Constitutional Court. The Constitutional Court also enjoys the power to judge
whether the impeachment process of the President of Russia has strictly followed the constitutional
procedures or not. However, the Constitutional Court can conduct such a review only when
requested by the Federation Council.
Thus, the Constitutional Court of Russia enjoys a position of high importance in the
constitutional system. It has been assigned the role to act as the guardian, protector and interpreter
of the Constitution of Russia as well as of the fundamental rights and freedoms of the citizens.
2. The Supreme Court of Russia
The Supreme Court is Russia's highest court of origination and of appeals for consideration of
criminal, civil, and administrative cases. It consists of 23 judges who are appointed by the
Federation Council on the basis of the nominations made by President of Russia. This court has
jurisdiction over all civil, criminal, administrative and other matters. It also exercises supervision
over the activities of all the federal courts in line with federal procedural norms. In case of any
doubt over judicial procedures, practices and issues, it offers explanations which are followed by all
the courts.
3. The Supreme Arbitration Court of Russia
The Supreme Arbitration Court of the Russian Federation is headed by a board of one
chairman and four deputy chairmen. It is the highest court for the resolution of economic disputes .
Its judges are appointed by the Federation Council on the basis of the nominations made by the
President of Russia. It exercises judicial supervision over the activities of all the arbitration courts.
It ensures compliance with the federal legal procedures and offers clarifications and explanations
on questions of judicial practices relating to the working of the arbitration courts.
Thus, the Constitution of Russia provides for three apex level courts. However their powers,
procedures of formation and activities are regulated by the federal constitutional law.
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3.11. OFFICES OF THE PROSECUTOR-GENERAL AND OTHER PROSECUTORS
The Constitution of Russia provides for the offices of the Prosecutor General and the other
Prosecutors, which stand hierarchically constituted in a single chain. Prosecutor General is
appointed by the Federation Council upon the nomination made by the President of Russia. He can
be removed from his office on the basis of a recommendation made by the President of Russia. He
appoints the other Prosecutors in consultation with the concerned governments of the Subjects of
the Russian Federation. Prosecutors work at the level of the Subjects of the Russian Federation. The
offices of the Prosecutors as well as the Prosecutor General are organized in accordance with the
provisions of the federal law.
Thus, the Constitution of Russia lays down the basic framework of the judiciary and the
details have been laid down by federal constitutional laws.

3.12. RUSSIAN POLITICAL PARTIES AND ELECTION SYSTEM

Russian Political System is a multi-party system. The people have the right and freedom to
form and run their associations, interest groups, trade unions and other voluntary organizations. In
this way, several political parties have been formed by the people. The political parties are actively
involved in the political process.
The elections to the State Duma as well as for the office of the President of Russia are hotly
contested by the political parties. The Communist Party of Russia also participates in elections but
enjoys less credibility and popularity with the masses. Pro-democracy and pro¬-liberalism political
parties have emerged as popular political actors in Russian politics.
Election for the office of the President of Russia is held after six years. The people elect the
President in a direct election. For winning, a candidate has to secure an absolute majority of votes.
In case no candidate gets such a majority, a second ballot is held. In this only two candidates who
secured the highest number of votes in the first ballot, are in the contest. The candidate who gets a
clear majority, more than 50% votes, gets elected as the President of Russia.
In the Elections to the State Duma, 225 seats are contested by candidates owing allegiance to
various political parties as well as by independent candidates. The other half of seats i.e. 225 are
contested by political parties.
The main features of the election system are: Universal Adult Franchise (18 years of age),
Single vote system (one man one vote), secret ballot, single member constituencies, proportional
representation list system, political pluralism, free, fair and regular elections, and independence of
Election Commission.

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 Unit – 4

Political systems of China

Chinese Political System

1. Historical basis of the Chinese Political System

Introduction

Hominid activity dates back 4 to 5 million years in China, and evidence has been found of
early Paleolithic hominids living some 1 million years ago. The remains of Homo erectus
(Peking-Man or Sinanthropus pekinensis), found southwest of Beijing in 1927, date from
around 400,000 years ago. Some 7,000 Neolithic sites (some as old as ca. 9000 B.C.) have
been found in North-China, the Yangzi (Changjiang or Yangtze) River Valley, and south-east
coastal areas.

These sites include a Neolithic agricultural village in Shaanxi Province dating from around
4500 B.C. to 3750 B.C., which had a moat for security and evidence of wood-framed, mud
and straw houses, colored pottery, slash-and burn farming, and burial sites in nearby

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cemeteries. The oldest Neolithic city found in China was uncovered by archaeologists in
Henan Province and dates back to between 4,800 and 5,300 years ago.

The first recognized dynasty—the Xia, lasted from about 2200 to 1750 B.C. and marked the
transition from the late Neolithic age to the Bronze Age. The Xia was the beginning of a long
period of cultural development and dynastic succession that led the way to the more
urbanized civilization of the Shang Dynasty (1750–1040 B.C.).

Hereditary Shang kings ruled over much of North-China, and Shang armies fought frequent
wars against neighboring settlements and nomadic herders from the north. The Shang capitals
were centers of sophisticated court life for the king, who was the shamanistic head of the
ancestor and spirit-worship cult.

Intellectual life developed in significant ways during the Shang period and flourished in the
next dynasty—the Zhou (1040–256 B.C.). China’s great schools of intellectual thought—
Confucianism, Legalism, Daoism, Mohism, and others—all developed during the Zhou
Dynasty.

The intersection of migration, amalgamation, and development has characterized China’s

history from its earliest origins and resulted in a distinctive system of writing, philosophy, art,
and social and political organization and civilization that was continuous over the past 4,000
years.

Since the beginning of recorded history (at least since the Shang Dynasty), the people of
China have developed a strong sense of their origins, both mythological and real, and kept
voluminous records concerning both.

As a result of these records, augmented by numerous archaeological discoveries in the second

half of the twentieth century, information concerning the ancient past, not only of China but
also of much of East, Central, and Inner Asia, has survived.

The Imperial Period

Over several millennia, China absorbed the people of surrounding areas into its own
civilization while adopting the more useful institutions and innovations of the conquered
people. Peoples on China’s peripheries were attracted by such achievements as its early and
well-developed ideographic written language, technological developments, and social and
political institutions.

The refinement of the Chinese people’s artistic talent and their intellectual creativity, plus the
sheer weight of their numbers, has long made China’s civilization predominant in East Asia.
The process of assimilation continued over the centuries through conquest and colonization
until the core territory of China was brought under unified rule.

The Chinese polity was first consolidated and proclaimed an empire during the Qin Dynasty
(221–206 B.C.). Although short-lived, the Qin Dynasty set in place lasting unifying

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structures, such as standardized legal codes, bureaucratic procedures, forms of writing,
coinage, and a pattern of thought and scholarship.

These were modified and improved upon by the successor Han Dynasty (206 B.C.–A.D.
220). Under the Han, a combination of the stricter Legalism and the more benevolent,
human-centered Confucianism—known as Han Confucianism or State Confucianism—
became the ruling norm in Chinese culture for the next 2,000 years.

Thus, the Chinese marked the cultures of people beyond their borders, especially those of
Korea, Japan, and Vietnam. Another recurrent historical theme has been the unceasing
struggle of the largely agrarian Chinese against the threat posed to their safety and way of life
by non-Chinese people on the margins of their territory.

For centuries, most of the foreigners that China’s officials saw came from or through the
Central and Inner Asian societies to the north and west. This circumstance conditioned the
Chinese view of the outside world. The Chinese saw their domain as the self-sufficient center
of the universe, and from this image they derived the traditional (and still used) Chinese name
for their country—Zhongguo, literally Middle Kingdom or Central Nation.

Those at the center (zhong) of civilization (as they knew it) distinguished themselves from
the “barbarian” peoples on the outside (wai), whose cultures were presumed to be inferior by
Chinese standards.

For centuries, China faced periodic invasions from Central and Inner Asia—including major
incursions in the 12th century by the Khitan and the Jurchen, in the 13th century by the
Mongols, and in the 17th century by the Manchu, all of whom left an imprint on Chinese
civilization while heightening Chinese perceptions of threat from the north.

Starting in the pre-Qin period, Chinese states built large defensive walls that, in time,
composed a “Great Wall”. The Great Wall is actually a series of non-contiguous walls, forts,
and other defensive structures built or rebuilt during the Qin, Han, Sui (A.D. 589–618), Jin
(1115–1234), and Ming (1368–1643) periods, rather than a single, continuous wall.

The Great Wall reaches from the coast of Hebei Province to north-western Gansu, officially
6,000 kilometers in length, although unofficial estimates range from 2,700 kilometers to as
many as 50,000 kilometers, depending on which structures are included in the measurement.

The Tang (618–907) and Song (960–1279) dynasties represented high points of Chinese
cultural development and interaction with distant foreign lands. The Yuan, or Mongol,
Dynasty (1279–1368) was a period of foreign occupation but of even greater interaction with
other cultures.

Despite these periods of openness, which brought occasional Middle Eastern and European
envoys and missionaries, the China-centered (“sinocentric”) view of the world remained
largely undisturbed until the 19th century when China first clashed with the European nations.

Emperor of China

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The Manchu had conquered China and established the Qing Dynasty (1644–1911), ushering
in a period of great conquest and a long period of relative peace. When Europeans began
arriving in increasing numbers, Chinese courtiers expected them to conduct themselves
according to traditional tributary relations that had evolved over the centuries between their
emperor and representatives of Central Asian states who came via the Silk Road and others
who came from Southeast Asia and the Middle East via the sea trade.

The Western powers arrived in China in full force at a time of tremendous internal rebellion
and rapid economic and social change. By the mid-nineteenth century, China had been
defeated militarily by superior Western technology and weaponry, and the government was
plagued with ever mounting rebellions.

As it faced dynastic breakdown and imminent territorial dismemberment, China began to

reassess its position with respect to its own internal development and the Western incursions.
By 1911 the millennia-old dynastic system of imperial government was hastily toppled as a
result of the efforts of a half century of reform, modernization, and, ultimately, revolution.

Republican China

The end of imperial rule was followed by nearly four decades of major socio-economic
development and socio-political discord. The initial establishment of a Western-style
government—the Republic of China—was followed by several efforts to restore the throne.

Lack of a strong central authority led to regional fragmentation, war-lordism, and civil war.
The main figure in the revolutionary movement that overthrew imperial rule was Sun Yatsen
(1866–1925), who, along with other republican political leaders, endeavored to establish a
parliamentary democracy.

They were thwarted by warlords with imperial and quasi-democratic pretensions who
resorted to assassination, rebellion, civil war, and collusion with foreign powers (especially
Japan) in their efforts to gain control. A major political and social movement during this time
was the May Fourth Movement (1919), in which calls for the study of “science” and
“democracy” were combined with a new patriotism that became the focus of an anti-Japanese
and anti-government movement.

Ignored by the Western powers and in-charge of a southern military government with its
capital in Guangzhou, Sun Yatsen eventually turned to the new Soviet Union for inspiration
and assistance. The Soviets obliged Sun and his Kuomintang (Nationalist Party). Soviet
advisers helped the Kuomintang establish political and military training activities.

A key individual in these developments was Jiang Jieshi (1888–1975; Chiang Kai-shek in
Yue dialect), one of Sun’s lieutenants from the early revolution days. But Moscow also
supported the new Chinese Communist Party (CCP), which was founded by Mao Zedong
(1893–1976) and others in Shanghai in 1921.

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The Soviets hoped for consolidation of the Kuomintang and the CCP but were prepared for
either side to emerge victorious. The struggle for power in China began between the
Kuomintang and the CCP as both parties also sought for the unification of China.

Sun’s untimely death from illness in 1925 brought a split in the Kuomintang and eventually
an uneasy united front between the Kuomintang and the CCP. Jiang Jieshi’s military academy
trained a new generation of officers who would soon embark on the Northern Expedition.

Zhou Enlai (1898–1976), who later become premier of China under the communists, was a
political commissar at this academy. Jiang, who succeeded Sun Yatsen, broke with his Soviet
advisers and with the communists but by 1927 was successful in defeating the northern
warlords and unifying China.

The years 1928 to 1937 are often referred to as the Nanjing Decade because of the national
development that took place under Jiang’s presidency before World War II when China’s
capital was in Nanjing (Southern Capital). The Northern Expedition had culminated in the
capture of Beijing, which was renamed Beiping (Northern Peace).

Thereafter, the Nanjing government received international recognition as the sole legitimate
government of China. With the 1927 split between the Kuomintang and the CCP, the CCP
began to engage in armed struggle against the Jiang regime.

The Red Army was established in 1927, and after a series of uprisings and internal political
struggles, the CCP announced the establishment in 1931 of the Chinese Soviet Republic
under the chairmanship of Mao in Jiangxi Province in south-central China.

After a series of deadly annihilation campaigns by Jiang’s armies, the Red Army and the CCP
apparatus broke out of Jiangxi and embarked on their epic 12,500-kilometer Long March of
1934–35 to a new stronghold in Shaanxi Province in the north. During the march, Mao
consolidated his hold over the CCP when in 1935 he became chairman, a position he held
until his death in 1976.

Japan invaded Manchuria in 1931, established the puppet government of Manchukuo in 1932,
and soon pushed south into North China. The 1936 Xi’an Incident—in which Jiang Jieshi
was held captive by local military forces until he agreed to a second front with the CCP—
brought new impetus to China’s resistance to Japan.

However, a clash between Chinese and Japanese troops outside Beiping on July 7, 1937,
marked the beginning of full-scale warfare. Shanghai was attacked and quickly fell. An
indication of the ferocity of Tokyo’s determination to annihilate the Kuomintang government
is reflected in the major atrocity committed by the Japanese army in and around Nanjing
during a six-week period in December 1937 and January 1938.

Known in history as the Nanjing Massacre, wanton rape, looting, arson, and mass executions
took place, so that in one horrific day, some 57,418 Chinese prisoners of war and civilians
reportedly were killed. Japanese sources admit to a total of 142,000 deaths during the Nanjing
Massacre, but Chinese sources report upward of 340,000 deaths and 20,000 women raped.

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Japan expanded its war effort in the Pacific, Southeast, and South Asia, and by 1941 the
United States had entered the war. With Allied assistance, Chinese military forces—both
Kuomintang and CCP—defeated Japan.

Civil war between the Kuomintang and the CCP broke out in 1946, and the Kuomintang
forces were defeated and had retreated to a few offshore islands in Taiwan by 1949. Mao and
the other CCP leaders reestablished the capital in Beiping, which they renamed Beijing.

The communist takeover of the mainland in 1949 set the scene for building a new society
built on a Marxist-Leninist model replete with class struggle and proletarian politics
fashioned and directed by the CCP.

The People’s Republic of China was barely established (October 1, 1949) when it perceived a
threat from the United States, which was at war in North Korea, and elected to support its
neighbor, the new communist state, the Democratic People’s Republic of Korea.

The Chinese People’s Volunteer Army invaded the Korean Peninsula in October 1950 and,
along with its North Korean ally, enjoyed initial military success and then a two-year
stalemate, which culminated in an armistice signed on July 27, 1953.

Meanwhile, China seized control of Tibet. It also had embarked on a political rectification
movement against “enemies of the state” and promoting “class struggle” under the aegis of
agrarian reform as part of the “transition to socialism.”

2. The ideological basis of the Chinese constitution

As a young revolutionary, Mao Zedong was greatly influenced by the writhing of Karl Marx
and Lenin. While Marx provided him with the theoretical framework of dialectical
materialism, Lenin’s writing taught him the practice of the proletarian revolution and the
organization of the communist party.

To understand moist thought, it is essential to understand Lenin’s revolutionary strategy and

reinterpretation of the Moist thought. Mao accepted Lenin’s explanation i.e. the weakness
link in the capitalist chain regarding the occurrence of revolution in an industrially backward
country against the prediction of Marx. The theory regarding the dictatorship of the
proletariat was developed by Lenin on the basis of hints thrown in by Marx in his writings.

This dictatorship meant to Lenin, a class dictatorship based on absolute power for
suppression the exploiters. The dictatorship of the proletariat also transforms a socialist
society into a communist one, under the guidance and direction of the party. The dictatorship
of the proletariat is in fact, the dictatorship of the proletariat.

According to Lenin, a revolution has stages, each stage calls for adjustments of friends and
enemies. When the next stage comes, friends may become enemies or vice versa. Lenin
therefore advocated continuous reappraisal of strategy and tactics, Lenin talked about three
kinds of contradiction which led to three kinds of conflicts and war;

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 1. Contractions between labor and capital- conflicts between the proletariat and the
capitalist.
2. Contradicts between the imperialists competing for world market and raw materials.
3. Contractions between colonial people and the imperialists- war of liberation.

The communist party is the leading organization of the proletariat which provides the
missionary cadres for the dictatorship of the proletariat. Lenin also gave a new definition of
social morals. All means are end justifies the means.

From the above analysis, we learn that the journey of Maoism is easy and comfortable. Mao
accepted the Marxist theories of dialectical materialism and historical materialism. For a
revolutionary, class analysis is very important. One must know an enemy as well as friends.

Mao organized the Chinese communist party (CCP) on Leninist principles- a revolutionary
cadre with the knowledge of Marxism and Leninism. The party functioned on the principle of
democratic centralism – the fundamental principle of the working of the communist party of
the Soviet Union, the party controlled the gun.

Mao also made used of the Leninist tactics – such as entering into an agreement or united
front with enemies as and when it serves the tactical purpose. Mao joined hands with Chiang
in fighting the Japanese, but as soon as the war is over, he marked Chiang as his target.

In his critical summing of Maoism, Ram Swarup writes:

“Maoism is Marxist in world outlook, Leninist in strategy and tactics in revolution

and principles of party in organization and Stalinist in ruthlessness…its conscience is
flexible and its moral is instrumental… its cult is naked totalitarian in power
exercised by an indoctrinated Elite ruling in the name of the proletariat said to be in
alliance with the peasants”.

It may be easy to criticize Mao’s thought, but must be understood that Mao’s greatest
achievement was the revolution brought about with the help of the peasant army. Secondly,
as Richard Lowenthal pointed out, he used modern totalitarian technique for transforming
the consciousness of man.

Thirdly, it was said of Marx that he put Hegel on his feet from an upside down position, by
substituting his mysticism with materialism. It was Mao who put Marxian dialects on its head
again, meaning thereby that he restored economic materialism to Marx, which was lost due to
the latter’s wrong prediction that revolution takes place only in industrially developed
capitalist countries.

The Chinese revolution of 1949 is amongst the most important happening of modern history.
It was an event of far reaching political and historical significance. China came under the
domination of the Imperialist forces and was known as the sick man of Asia.

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To make matters worse, China suffered a humiliating defeat at the hands of Japan in 1895.
When in 1949, the Chinese communist party established their rule over the whole of
maintained China; they changed not only the world wide relation of forces.

For a new they had created was merely one more satellite of Stalin’s Russia, but an
independent born out of an independent revolution and its founders were conscious of owing
their victory chiefly of their own efforts and wholly to their own decision.

Salient features of the Chinese constitution

According to article 1, the constitutions adopted on 1982 and later amended in 1993 and 1999
affected a few minor and few substantial amendments in the constitution of 138 articles
presently.

A written document

The Chinese constitution is a written document consisting of 138 articles presently.

Flexibility

The constitution is flexible constitution. Article 64 states, amendment may be moved by the
standing committee of more than one-fifth of the total member of the NPC. Amendment
could be affected only if two-third of all the members of the congress accord approval.

Keeping in view of the dominance of the communist party such a majority to support the
amendment is a foregone conclusion. The other statues and resolutions can be adopted by the
majority of vote more than half of all the deputies to the NPC.

Unitary in character

China is a multinational unitary state inhabited by the largest population. It is not divided into
autonomous provinces or state like India and Canada, nor is it a federation like USA. The
Chinese constitution does not even pay lip homage to the federal concept. It emphasizes
freedom and equality of nationalist through devoid of power.

The preamble state, ‘’china is a unitary multinational state built up pointy by the people of all
nationalities”. A strong central government has been establish trough united autonomy to the
provinces had been divided into 21 provinces, autonomous regions and two cities-Beijing and
Shanghai under the central government.

Power with the people

All powers in china belong to the people. It is exercised through the national people’s
congress people’s congress elected by the people at different levels. All the organs of the
state rely on the masses of the people, maintain close contact with them, heed to their opinion
and accept their suppression.

Planned economy

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China adopted planning for the regulation and improvement of its economy. Planning is
indispensible in a socialist state. Revolutionary changes have been made in the domains of
agriculture and industry. A bulk of industries has been brought under the state control.

The constitution rightly proclaims that through economy to bring about the constant increase
of the productive forces in this way enriching the material and cultural life of the people and
consolidating the independence and security of the country. The state promotes family
planning as well, to adapt population growth with social and economic planning.

Democratic centralism

The government of the PRC is a government of the people’s congress system based on the
principle of democratic centralism. The participation of adults (18 years of age) in the
election of the NPC and other organs to the lower bogy reflects adoption of democracy.
Centralism is however predominant.

All policy formation, supervision, implementation are done by the central organs like the
standing committee of the NPC and the state council. This combination of democratic
participation and accountability at all levels and policy making and its implementation by the
central organs or according to the dictates of the apex body of the communist party is termed
as “democratic centralism”.

Fundamental Rights and duties of citizens

The constitution contains a long list of fundamental right and duties. In addition to general
political, civil and personal rights, there right to work and the right to education are also
guaranteed.

Supremacy of the constitution

The constitution is the supreme law of the land. Articles 5 stipulate, “The state upholds the
uniformity and dignity of social legal system. No law or administration or local rules and
regulations shall contravene the constitution.

All state organs, armed forces, all political parties and public organizations and all enterprises
and undertaking must abide by the constitution and the law must be looked into. No
organization or individual may enjoy the privilege of being above the constitution and the
law.

No judicial review

There is any judicial review for the people’s republic of china. The supreme people’s court
has no power to toed clear a law enacted by the national People’s congress unconstitutional.
The right to interpret the constitution and statutes is vested in the standing committee of the
national people’s congress.

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Any violations of the constitution and law by leading organs of the people’s congress any
violations of the constitution and the law by leading organs of the state or leaders of the state
are to be looked into by the national people’s congress and its standing committee.

Central military commission

Most centuries place their head of state in command of their armed forces. But the armed
forces of the people’s republic of china are under an organization known as the central
military commission. It consists of the chairman, the armed forces of the country.

This provision has been made to guarantee that the armed forces of the country. This
provision has been made to guarantee that the armed forces do not fall in the hands of one
person, but remain in the hands of the people.

Parliamentary form of government

The Constitution provide for parliamentary system of government. The state council of
minister in a parliamentary system of government is the executive body, the highest organ of
state administration.

The national people’s congress which is the highest legislative organ of the state decides on
the choice of the premier upon nomination by president and of the members of the state
council upon nomination by the premiere. The state council is responsible, when the national
people’s congress or, when the national people’s congress is not in session, to its standing
committee.

People’s Procuratorate

Under article 129, China’s people’s Procuratorates are “state organs for legal supervision”.
To define the task, functions and organizations of the people’s Procuratorates the standing
committee of the sixth NPC adopted at its second session on Sept. 2, 1983 the organic law of
the people’s Procuratorate.

A constitutional head of the state

The constitution provides for a president, who is the constitutional head of the state; he is
elected by the national people’s congress. He performs the functions which the
constitutional head of the state in a democratic country.

4.3. Chinese executive

Chinese President

The office of the president and the vice-president of the People’s Republic of China were
abolished by the constitution of 1975.Their responsibilities and powers were transferred to
the chairman of the Standing committee. The 1982 constitution restores the two officers and
gives to the president of PRC the status of the head of the state.

Qualifications

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 1. He should be a citizen of China.
2. He must not be of less than 45 years of age.
3. He should be duly eligible and registered voters.

Method of election and tenure

The president of the PRC is elected by the NPC for a term of 5 years. Any citizen of China
who is above 45 years of age is a registered voter and is eligible to seek election can be
elected as the President of the PRC. The 1982 constitution lays down that no person can serve
on remain President for more than two consecutive terms.

The leadership of the communist party selects one of its top leaders as the candidate for the
office of the president of PRC and he is later on formally elected NPC of China. Similarly a
vice-president also elected by the NPC. If the office of the president falls vacant the NPC
elects as new vice president.

In case both the two officers vacant the chairman of the S.C. become s the acting president
and carries out the duties of head of the state until the election of a new president and vice
president and vice president of NPC.

Powers and functions of the President

1. He is the head of the state he performs all the ceremonial functions of the state.
2. The president can give recommendation to the standing committee of the NPC the
president confer state medals and titles of honor on the people as well as grants
pardon to the criminals.
3. As head of the state, the president appoints and recalls Chinese ambassador and other
diplomatic agent in foreign countries. He receives the ambassador of foreign countries
in china. All these functions are performed by him up the recommendations of the
standing committee of the NPC.
4. As the treaties concluded by the govt. With the foreign countries are ratified by the
president. He has the power to abrogate any treaty if the circumstances so demand.
These functions are performed by the president under the advice of the standing
committee.

The Chinese Premier

State council is the executive and highest organs of the state power, and the Premier is the
powerful head of the state council. The PM or premier is appointed by the NP as the
recommendation of the president. His name proposed by the president to the NPC.

If the NPC approves the president recommendation the president appoints premier. In reality
the communist party decides who is to be the premier. And his removal is also decided by the
NPC and implementation by the president.

Tenure

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The premier holds office for a term of 5 years. The constitution of china provides that the
premier shall not serve more than two consecutive terms. The NPC has the power to remove
the premier before the expiry of his term.

Powers and functions of the Premier

1. He is the head of the state council which means he is the head of the govt.
2. He directs the work of the state council assisted by the vice –premier and other state
councilors.
3. He is the chief coordinator. He coordinates the working of all the
ministers and commissions. 4. As the head of the state council he is required to
participate in the performance of all those function which are entrusted to the state
council

Position of the Premier

The office of the china premier is a powerful office both because of his headship of the real
government, the state council as well as due to pivotal position that the holder of this always
occupies in the leadership hierarchy of the communist party of china.

The1982 constitution has restored his position as giving the headship of the real executive
and by vesting responsibility regarding the effective working of the state council. The power
or function the Chinese premier is not as powerful as the position of the PM in the
parliamentary system like India.

The State Council

The state council is indeed the highest organ of the state organization, responsible to the
national People’s congress. It is the executive organ of the highest state authority; it is the
highest administrative organ of the state. According to article 85, the state council is the
people’s central government.

Article 86 states that the state council is composed of the premier, the vice-premier, the state
councilors, the ministers in charge of commissions, the auditor general and the secretary
general. The number is fixed by the NPC when the state council is constituted. The premier is
appointed by the president with the approval of the NPC.

Other members of the state council are chosen by the NPC on the premiers recommendations.
The organization of the state council is prescribed by law. The tenure of the state council is
the same as that of the NPC.

The constitutions says that the premier, the state councilors, are allowed to serve for two
consecutive terms, the 10th NPC approved the appointment of Wen Jiabao as the prime
minister in march 2003, all members of the state council can be removed by the president on
the basis of decision taken by the NPC.

If the NPC is not in session, the decision on the choice or removal of the members other than
the premier is taken by the standing committee. The state council meets in a plenary session.

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The executive meetings of the state council are held more frequently. The premier directs the
work of the state council and presides over its meetings.

Thus the meetings of the state council are the two types – plenary and executive. The plenary
meetings are attended by the premier, the vice – premier, the ministers, the heads of
commissions and the general secretary.

They are held once every month and may be called by the premier on such other occasions as
may be deemed necessary. The executive meetings are held frequently and are attended by
the premier and the secretary general. There are sixteen vice-premiers and about thirty
ministers and heads of commissions.

Functions and powers of the state council

The state council may be described as then central government of china. Hence, the state
council is entrusted with those functions which normally a council of minister performs:

1. It formulates policies and looks after their Implementation.

2. It runs the administration of the country.
3. It adopts administrations measures and rules and regulations.
4. It policy decisions according to constitution and issues and orders to implement them.
5. It frames various proposals for legislation and submits them to the NPC and its
standing committee.
6. It lays down the responsibilities of various ministries and commissions and supervises
their activities.
7. It directs administrative work that does not fall within the purview of the individual
departments.
8. It determines the responsibilities of the administrative of provinces, autonomous
regions and municipalities directly under the central government and supervises their
working.
9. It draws up the rational plan for socio-economic development and the state budget.
The document is supposed to be submitted to the NPC or the standing committee for
approval.
10. It is responsible for administering the affairs of education, science and culture, public
health and family planning.
11. It looks after public security and judicial administration.
12. It conducts foreign affairs, formulates foreign policy, treaties which are ratified by the
president after clearance from the standing committee.
13. It ensures proper defense of the country, safeguards equal rights of the minorities,
nationalities and the rights of the autonomy of national autonomous areas.
14. It protects the legitimate rights of the Chinese living abroad.
15. It decides on the enforcement of Martial Law in parts of provinces, autonomous
regions and the municipalities directly under the central government.

An analytical appraisal of the powers of the state council reveals that apparently, the state
council under the chairmanship of the premier is the highest executive organ of the state. The

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president is only an ornamental head and the NPC’s control over the state is of mean
significances.

Like all other organs, the influence of the committee party over the state council also is all
pervasive. The social economic and politic life of the country is in fact regulated by the
dictates of the communist party. Thus the state council is the most effective organ of the state
functioning under the control of the party.

Chinese parliament

National people’s congress of the people’s republic of China

The national people’s congress is the supreme legislative authority of the people’s republic of
china. China has a unicameral legislature, which is repository of all powers and authority in
the state. It is through this organ, that the people exercise their powers. Prior to the adoption
of the 1982 constitution, the NPC is composed of 3456 members.

In 1998, its members consisted of 2979. Its strength and the mode of election are to be
prescribed by law. It is elected for a period of five years. Elections are organized and
conducted by the standing committee. Elections of the new NPC must be completed before
two months before the expiry of the tenure of the old NPC.

Under exceptional circumstances, the standing committee by 2/3rd can put the election in
which the old NPC is continued. The new NPC is elected within one after the end of the up
normal circumstance. The standing committee convenes at least one session either on its own
or on the proposal of more than one-fifth of the total membership of the NPC.

Functions

The functions of the NPC have been enumerated under article 1 of the Constitution. Its main
functions are:

1. It is the sole law making body of the country. During its recess, the standing
committee makes laws. All laws concerning criminal offences, civil affairs and the
state organs are enacted and amended by the NPC.
2. It supervises the enforcement of the constitution.
3. It elects the president, the vice president, the prime minister and other members of the
state council, the members of the standing committee, the auditor general and the
secretary general of the state council and the chairman of the central military
commission. It elects the president of the supreme people’s court and also the
procurator general of the supreme people’s Procuratorate.
4. Article 64 empowers it to amend the constitution by 2/3rd of the deputies of the NPC.
The proposal is to be made by the standing committee of the NPC or one-fifth of the
deputies of the NPC.
5. It controls the economy, social planning of the country. As such it examines and
approves the development plans and reports of their implementation.

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 6. It examines and approves the budget prepared by the government; it also examines the
reports on the implementation directly under the central government.
7. It accords approval of the establishment of provinces, autonomous regions and
municipalities directly under the central government.
8. It can alter the boundaries of the provinces of the provinces, regions and
municipalities.
9. It can take decisions regarding the establishment of especial administrative regions.
10. It takes decisions on the questions of war and peace. A Formal approval of the NPC
is required for the declaration of war and the conclusion of peace.
11. It can recall and remove the officers elected by it.
12. It can exercise such other functions and powers as the highest organ of the state power
should exercise. The powers enumerated above reflect that the NPC possesses
multifarious powers, it is said to be the highest organ and the exclusive legislative
authority of the country.

All the other organs function under its supervision and control. But in a communist country,
what is legal truth is political untruth. It is the standing committee which performs most of
the functions during the NPC’s long interval, besides the communist party is all pervasive.

It is the party and not the NPC which is the Centre of power in the People’s Republic of
China. The role of the NPC is absolutely formal and purely ceremonial.

The standing committee of the national people’s Congress

The standing committee of the People’s Republic of China is the permanently functioning
organ of the government. As the national people’s congress is numerous body, meeting only
once in a year. There, to carry out its functions, the constitution has provided for the standing
committee. It is a permanent body to act on behalf of the NPC and acts when the letter is not
in session.

Composition and election

It consists of the chairman, vice-chairman, the secretary general and the members. The NPC
decides the membership. The fifth national people’s congress in 1978 fixed 135 members as
the strength of the standing committee. However, in March 1998 its membership was reduced
to 134. The standing committee id responsible to the NPC and is elected by it. It is presided
over by the chairman.

Tenure

Its tenure is five years, the same as the NPC; it continues functioning until the new standing
committee is elected. After the fresh election, the NPC however can remove any member or
demise the entire standing before the completion of its tenure.

Function

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The standing committee performs multifarious functions like legislative, electoral, executive
and judicial.

Legislative functions

i. It summons the NPC.

ii. It enacts legislation on behalf of the NPC when NPC is not in session.
iii. It supervises the work of the state council, the central military commissions, the
Supreme Court and the supreme people’s Procuratorate.

Electoral functions

i. It decides on the choice of the minister, the auditor general and the secretary general
of the state council on the recommendation of the premier when the NPC is not in
session.
ii. It decides on the choice of the members of the military commission on the advice of
the chairman of the commission when NPC is not in session.
iii. It appoints and removes the vice president and the judges of the Supreme Court and
chairman of the military court on the suggestion of the president of the supreme
people’s court.

Executive functions

i. It decides on the appointment and recall on the ambassadors and other diplomatic
representatives abroad. These appointments are made by the president after decisions
are taken to this effect by the standing committee.
ii. It decides on the ratification and abrogation of treaties with foreign countries. The
treaties are ratified and abrogated by the president in according with its decisions.
iii. It institutes titles and ranks for the military personal.
iv. It institutes state medals and titles and honors and decides on their conferment.
v. It decides on the grant of special pardon, but the criminal concerned are actually
granted pardon by the president in accordance with its decisions.
vi. It takes decisions regarding proclamation of war and peace when the NPC is not in
session.
vii. It decides general and partial mobilization on the enforcement of martial law in the
entire country or part of it.

Judicial functions

It interprets the constitution and supervises the enforcement of the constitution and the laws.
The interpretation of law by the standing committee is unquestionable. It can annul decisions,
orders and administrative rules formed by the state council and contravene the laws of the
constitution and thus can reject the decisions of the state council.

Financial functions

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It is the NPC which approves the social and economic development plans and also the
budget. Hence the standing committee is left with the examining and approval partial
adjustments to the development plans of the state budget.

Chinese party system

The Communist Party of China

The Communist Party of China was founded in 1921. From 1921-49, the party led the
Chinese people in the struggle against imperialism and the bureaucratic capitalism. It
established the people’s republic of china with its final victory in the revolution. Since then
the party in power led the Chinese people in safeguarding the state independence and
security.

It had completed the abolition of the private ownership of the means of production, conduct
planned economy reconstruction and achieved significant development in china’s economic
and cultural sphere. In china, the communist party enjoys the monopoly of political power.
The programmed of the communist party declare that the party will act as the leader and the
core in every respect of the country’s life.

The communist party played a dominant role in the fields of economic, social and cultural
activities. In fact, the political system is based on one will, one principle. The communist
party in china is the largest communist party in the world.

Organization and working

The communist party of china is organized on the principle of democratic centralism. The
party’s leading organization on all levels is elected by the party’s member and their
leadership controls and guides all party’s activities. The principles of democratic centralism
are such that individual party members are subordinate to the party organization.

The minority is subordinate to the majority, the lower parties organizations are subordinate to
the higher party organizations are subordinate to the national congress and the central
committee of the party.

Aims and objectives

The ultimate aim of the communist party of china is to create communist social system; the
general task of the party is to unite the people of all nationalities to achieve modernization in
industry, agriculture, national defense, science and technology and built china into a
culturally advanced and highly democratic socialist economy.

The communist party is probably more elaborate than any other political group in the world
that is of great pyramid. The pyramidal organizations of the party are:

Local cell

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As its base are the cells, set up in factories, firms, offices, educational establishments and
villages. The main functions of the cells are to enlist new members and to organize their
political training to impart political education to the party members to train labor discipline
and to enable participate actively in the economic and political life of the country.

The county/ municipal party congress

The municipal party congress constitutes the next type of the party pyramid. They are
composed of the party delegates elected by the cell. These congresses hold sessions at least
once a year and supervise the work of the party within the areas under their respective
jurisdictions.

The provincial congresses

The delegates of the provinces are elected by the county/ municipal party congresses. These
congresses organization direct and supervises the work of the party within the areas under
their respective jurisdictions.

The national party congress

The ultimate authority of the party is the national party congress. The delegates are chosen by
the provincial congress after every 5 years. The national congress is to meet once every
unless the central government decides an extra ordinary condition which does not permit such
meetings. The national congress determines the broad policies, reviews and amends the
programs and statues of the party.

The central committee

It consists of 196 members elected by the national people’s congress. It is the highest leading
body of the party. It guides the work of the party, sets up party institutions, guides the
activities, distributes resources of the party and manages the cultural fund. The
political bureau is the core of the important decision- making, acts as the nucleus of the
largest body. It consists of 20 members elected by the central committee.

It formulates the policy of the party which is obligatory on all the party organs without
demur. The apex body is the standing committee which is the brain trust of the political
bureau consisting of 7 members elected by the political bureau. It constitutes of the national
formulation and is the real authority in china.

The role of the Communist Party

The communist party of china holds a pivotal position in china. Its role in the socio political
system of the country has been vital and of far reaching importance. The role can be
discussed under the following heads;

As an architect and defender of revolution

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The communist profess itself to be the architect of the revolution which overthrew
colonialism, feudalism and capitalism. The main aim of the party is to create a revolutionary
spirit to the people and to maintain the traditional of revolution. As the result of this very
effort, the revolution of 1949 was successful and consequently, it took power in its hands as
the vanguard of the laborers and the peasants.

The efficient intellectual leadership of the party cleared the way of the protection of their
interest. As such the communist has not only been an architect of the revolution but it has
also been instrumental in each consolidation. It has successfully withstood the diplomatic
onslaught of the capitalist countries and has been able to find a prominent place in the world.

China now is the biggest power in Asia, both economically and militarily and has been able
to get a permanent right place of the UN Security Council. For the present supreme stature
acquired by china, the credit goes to the party.

As the educator and a source of inspiration

The party has played the role of the guide, teacher and has been a source of inspiration. It had
made the people to understand as to why revolution was necessary, setting an example of the
earnestness, courage discipline and devotion. It inspires the people to be ardent nationalists
and to be devoted to the cases of communism. It aroused the enthusiasm of the people and
stimulated their efforts.

Party as government

Theoretically, the party stands outside the government, but through various means, it takes
total control of it. The party members hold the entire key positions in the government and the
society. Its leaders decide government policies and its ideology is the only
propagated doctrine mandatory for the members and non-members alike.

Thus the party is all embracing, because it controls the legislature, dominates the executive
means, the judiciary and dictates the military bit us organ deciding the policies to be
implemented by the state structure and supervising the execution of this policies.

It is therefore, true to say that the communist party is the prime force, both inside and outside
the government in china. It commands a pivotal position and holds control of the government
fully, guides and disciplines the society.

Chinese Judicial system

People’s courts, the Procuratorate and Public Security

Strictly speaking, china’s judicial system only refers to people’s court system. According
Criminal procedure law of PRC, during the criminal proceeding, people’s court, people
Procuratorate and public security organ shall perform their task respectively as well as
cooperate.

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In this meaning, people’s Procuratorate and public security organ both execute judicial
power, although their judicial function are limited in a very relatively narrow scope. Thus
broadly speaking, China’s judicial system institutionally comprises of three parts: people’s
court system, the people’s Procuratorate system, the public security system.

Corresponding to this, judicial structure in the Chinese board sense does not only refer to
courts, but also to Procuratorate and public security organs. The security organ is one branch
in the administrative system; the other two branches are created by the people’s congress and,
in the legal sense, are on an equal footing with the administrative branch.

The president of courts and the procurator-generals of Procuratorates are selected and
appointed by the people’s congresses on the same levels. The judges and procurators are
selected and appointed by the standing committees of the respective people’s congresses, and
assistant judges and assistant procurators are appointed by the respective courts and
Procuratorates.

People’s Court

The people’s courts are judicial organs exercising judicial power on behalf of the states.
According to the Constitution and the Organic Law of the people’s courts of 1979 as
amended in1983, china practices a system of court characterized by “four levels and two
instance of trial”.

The judicial authority of the PRC is exercised by the following people’s courts: local people’s
courts as various levels; military courts and other special people’s courts and the supreme
people’s courts. The local people’s courts are divided into basic people’s courts, intermediate
people’s courts higher people’s courts.

In the administration of adjudication, the people’s courts adopt the system whereby a case
should be finally decided after two trials. This means, first, a judgment or order of the first
instance must come from a local people’s court, and a part may bring an appeal only once to
the people’s court at the next higher level.

The people’s Procuratorate may present a protest to the people’s court at the next higher
level. Secondly, judgment or orders of the first instance of the local people’s courts at various
levels become legally effective if, within the prescribed period for appeal, no party makes an
appeal. Thirdly, judgments and orders of the court of the second instance shall be seen as
final decisions of the case.

However, any judgment and orders rendered by supreme people’s courts as the county of the
first instance shall become immediately legally effective. Within each court, there are usually
several division, such as civil, economic, criminal, and administrative and enforcement
divisions.

A court has one president and several vice-presidents; a division has one chief and several
association chiefs. Each court also has a judicial committee that is composed of the
presidents, division chiefs and experienced judges.

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The members of the committee are appointed by the standing committee of the courts at the
corresponding level. The judicial committee is the most authoritative body in a court, which
is responsible for discussing important or difficult cases, making direction concerning other
judicial matters and reviewing and summing up judicial experiences. Its direction shall be
follow by judges and collegial panels. In case of differing opinion, the majority’s opinion
shall be adopted.

The supreme people’s court

The supreme people’s court is the highest judicial organ of the state. The president of
supreme people court is elected by the NPC and its standing committee. His term
of office is 5 years and he may serve for no more than two consecutive terms.

The NPC standing committee appoints or dismisses vice-president, had and associate heads
of divisions, and judges. The supreme people’s court has a criminal division, a civil division,
and an economic division.

It may have such other divisions, as it deems necessary. Generally, it has jurisdiction over the
following cases:

a. Cases of first instance assigned by laws and other cases that it considers it should try
itself.
b. Appealed and protested cases against judgments and other orders of higher people’s
courts and special people’s courts.
c. Protested cases filed by the Supreme People’s Procuratorate. The Supreme People’s
Court supervises the work of the local people’s courts at various levels as wells as the
special courts.

The Supreme People’s court gives interpretation on questions concerning specific application
of laws and degrees by the Supreme People’s court have developed in recent years to
an extent that is called “judicial legislation”.

This was not previously defined in the Constitutional Law. However, the legislation does
require guidance in order to fill gaps and to solve conflicts and some vagueness among the
laws so that effective enforcement can be carried out by the judicial branch.

The Intermediate People’s Courts

The higher people’s courts are courts of province, autonomous regions and municipalities
directly under the Central Government. The internal structure is almost the same as that of the
Supreme People’s Court according to the definition of the organic Law.

A higher people’s court deals with cases of the first instance assigned by laws and degrees,
cases of the first instance transferred from people’s courts at the next lower level, cases of
appeals and of protests lodged against judgment and orders of people’s courts at the lower
level, and the cases of protests lodged by the people’s Procuratorates.

The Intermediate People’s Courts

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They are the courts established in capitals or prefectures in the provincial level. The scope of
jurisdiction by an intermediate people’s court covers cases of first instance assigned by laws
and degrees, cases of first instance transferred from the basic people’s courts, and appealed
and protested cases from the lower court.

The Basic People’s Courts

The basic courts, as the lowest level, are normally located at the country, municipal districts
and autonomous countries. A basic people’s court may be set up a number of people’s
tribunal according to the conditions of the locality, population and cases involved.

A people’s tribunal is a component of the basic people’s court, and its judgments and orders
are considered as judgments and orders of the basic people’s court with the same legal
effects. In practice, a tribunal of this nature is often set up in big town or townships where
there is a concentrated population.

The Special Courts

The special courts included military courts, railway courts and maritime courts. The military
court that is established within the PLA is in charge of hearing criminal cases involving
servicemen. This is relatively closed system.

The railway and transport court deals with criminal cases and economic disputes relating to
railways and transportation. Five maritime courts have been established by the Supreme
People’s Court at the port cities of Guangzhou, Shanghai, Qingdao, Tianjin, and Dalian.

These courts have jurisdiction over maritime trade cases of the first instance, including any
other disputes of this category taking place between Chinese and foreign citizens,
organizations, and enterprises.

Nevertheless, they have no jurisdiction over criminal cases and other civil cases belonging to
the ordinary courts. The higher people’s court in the locality where a maritime court is
located shall have jurisdiction over appeals against the judgment and others of maritime
court.

People’s Procuratorate

Under Article 129, Chinese Procuratorates are “state organs for legal supervision” to define
the task, functions and organizations of the people’s procuratorates, the standing committee
of the sixth NPC adopted at its second session on Sept. 2, 1983 the organic law of the
people’s Procuratorate.

Art.5 of the organic law states the functions and powers of the people’s procuratorates at all
levels as following:

1. To exercise procuratorial authority over cases of treason, cases involving acts to

dismember the state and other majority criminal cases severally impending the unified
enforcement of state policies, laws, decrees and administrative orders.

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 2. To conduct investigation of criminal cases handed directly by themselves.
3. To review cases investigated by public security organs and determine whether to
approve arrest, and to prosecute or to exempt from prosecution.
4. To exercise supervision over the investigative activities of public security organs to
determine whether their activities conform to the law.
5. To initiate public prosecution of criminal cases and support such prosecutions.
6. To exercise supervision over the judicial activities of people’s courts to ensure they
conform to law.

People’s Procuratorates at the levels shall have chief procurator, a number of deputy chief
procurators and procurators. The chief procurators exercises unified leadership over the work
of the Procuratorates. The term of office of the chief procurators shall be the same as that of
the people’s congresses at corresponding levels.

The Supreme People’s Procuratorate

The constitution defines it as “the highest procuratorial body”. Unlike the supreme people’s
court, it leads people’s Procuratorates at lower levels in order to safeguard the independence
of the system. The Procuratorate-general of the supreme people’s Procuratorate shall be
elected and removed by the NCP.

The deputy procurator-general, member of the procuratorial committee and procurators of the
supreme people’s Procuratorate shall be appointed and removed by the standing committee of
the NCP upon the recommendation of the procurator-general. The supreme people’s
Procuratorate is responsible to the NCP and its standing committee.

The supreme people’s Procuratorate may establish a number of procuratorial department and
other professional departments as needed. According to the organic law, if the supreme
people’s Procuratorate discovers some errors in a legally effective judgment or order of the
people’s court at any level, it shall file a protest in accordance with the procedure of judicial
supervision.

Today, the judicial interpretations of the supreme people’s Procuratorate, as well as that of
the supreme people’s court, have, de facto, the legal effect and are binding upon the judicial
activities of the people’s procuratorates of lower levels throughout china even though china is
not a common law country.

The local people’s Procuratorate

The local people’s procuratorates apply the system of dual leadership and the principle of
democratic centralism. The chief procurators of people’s procuratorates of provinces,
autonomous regions municipalities directly under the central government and their branches
shall be elected and removed by correspondent people’s congress, deputy chief procurators,
member of procuratorial committees and procurators shall be appointed and removed by the
standing committees of the people’s congresses upon the recommendation of the chief
procurators.

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Nevertheless, the appointment and removal of chief procurators of the local people’s
Procuratorate must be reported to the procurator-general of the people’s Procuratorate at the
next higher level, who should then submit the matter to the corresponding standing
committee of the people’s congress for approval.

The chief procurators, deputy chief procurators, members of procuratorial committees and
procurators of people’s procuratorates set up, in industrial and mining areas, provincial or
counties level shall be appointed and removed by the standing committee chief procurators of
the dispatching people’s procuratorates.

Chinese bill of right

Fundamental rights and duties

Right to Equality

All the citizens of the People’s Republic of China are equal before law. Articles 33 states that
every citizen enjoys the rights and the same time must perform the duties prescribe by the
constitution and the law. No organization or individual has the privilege of being above the
constitution and the law.

Right to Vote

All the citizens of the People’s Republic of China who have reached the age of 18 have the
right to vote and stand for election regardless of nationality, race, sex, occupation, religious
belief etc., except persons deprived of political rights according to law.

Rights to Freedom of Expression

Citizens of the People’s Republic of China enjoy freedom of speech, of press, of assembly,
association, of procession and of demonstration.

Right to Religious Freedom

Citizens of the People’s Republic of China enjoy freedom of religious belief. No state organ,
public organization or individual may compel citizens to believe in or not to believe in any
religion; nor may they discriminate against citizens who believe in, any religion; nor may
they discriminate against citizens who believe in or do not believe in any religion. The state
protects normal religious activities.

Right to Personal Freedom

Articles 37 of the Constitution state that the freedom of persons of the citizens is inviolable.
No citizens may be arrested except with the approval or by decision of a people’s
Procuratorate or by decision of a people’s court.

Unlawful deprivation or restriction of citizen’s freedom of person by detention or other

means is prohibited. Unlawful search of the person of citizens is prohibited. Insult, libel, false
charge or frame-up directed against citizens by any means is prohibited.

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The home of citizens is inviolable. Unlawful search of or intrusion into, a citizen’s home is
prohibited. The freedom and privacy of corresponding of citizens is protected by law.

Right to Criticize State Organs or Functionaries

Citizens have the right to criticize and make suggestion to any state organ or functionary.

Right to Compensation for Losses Suffered

Citizens who have suffered losses through infringement of their civic rights by any state
organ or functionary have the right to compensation in accordance with the law.

Right to Work

Article 42 of the constitution guarantees the right to work to all citizens. It provides necessary
vocational training to citizens before they are employed.

Right to Rest

Working people in the people’s republic of china have the right to rest. The state provides
facilities for rest and recuperation of working people.

Right to retirement benefits

The state prescribes by law the system of retirement for workers and staff in the enterprises
and undertaking and functionaries of the organs of state. The livelihood of retired personal is
ensuring by the state and society.

Right to material assistance in the old age, etc

Citizens have to material assistance from the state and society when they are old, ill or
disabled. The state and society help make arrangements for the work, livelihood and
education of blind, deaf-mutes and other handicapped citizens.

Right to education

Citizens have the right to receive education. Primary education is free and compulsory.

Equal right for women

Women in the people’s republic of china enjoy equal rights with men in the spheres of life,
political, economic, culture, and social including family life. Marriage, family, and mother
and child are protected by law.

Fundamental duties

1. Citizens of the people’s republic of china have the duty to work.

2. Citizens have the duty to receive education.
3. Both husband and wife have the duty to practice family planning.

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 4. Parents have the duty to rear and educate their minor children who have come of age
have the duty to support and assist their parents. Maltreatment of the old people,
women and children is prohibited.
5. The exercise by citizen of their rights and freedoms may not infringe upon the
interests of the state, of society and of the collective, or upon the lawful freedoms and
rights of other citizens.
6. It is the duty of citizens to safeguard the unity of the country and the unity of all
nationalities.
7. It is the duty of citizens to abide by the constitution and the law, keep state Respect
social ethics.
8. It is the duty of citizens to safeguard the security, honor and interests of the
motherland; they must not commit acts detrimental to the security, honor and interest
of the motherland.
9. It is the duty of citizens to defend the motherland and resist aggression. It is the
honorable duty of citizens to perform military service and join the militia in
accordance with the law.
10. It is the duty of citizens to pay taxes in accordance with the law of the land.

Women and the Political Process

Introduction

In every democratic state, justice, liberty, equality and fraternity are uphold. To exercise
political process directly or indirectly through their democratically and freely elected
representatives is the basic feature of a democratic political system.

In contemporary self governance and democracy means a system of exercise of sovereign

power by all the people of a democratic state. In liberalism, equal rights, equal opportunity,
equal political participation and equal status of all men and women are governing principles
of each liberal democratic state.

The promotion of equal rights and freedom of all human beings, both men and women
constitutes the most cardinal objective of every modern state without discrimination.

Gender inequality in society

Gender inequality based on social, political and economic inequality between men and
women. Inequality still continues in Eastern or Western, developing or developed, democratic
or non-democratic. Women continue to live social, economic and political inequality and
injustice.

Women continues to live with several constrains restrains, limitation, inequalities low level of
unemployment, lower literacy rate, economic dependence, falling sex ratio etc. Theoretically
and legally, women are recognized as equal to men. But in reality, they continue to live with
inferior, status and suffer from discrimination, exploitation and suppression.

Low women participation in political process

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The socio-economic position of women continues to discourage and limit their political
participation and independence in both the political process and decision making. In every
society, women constitute nearly 50 percent of its total population. Yet their role in political
process continues to be much below this level.

Till today, no woman has held their office of the president of USA. Since 1952, Queen
Elizabeth II has been the British monarch and yet during the past 7 decades the UK has only
two prime ministers. The role of women in Chinese politics continues to be grossly limited
and hierarchy of the leadership of the Communist Party.

Gender inequality women work 66% of the total hours but earn just around 10% of the world
income and on just 1% of the world property. In all areas of life-family, society, cultural,
politics, religion and economy, business, donated by father, brother, husband and sons and
the condition of women were exploitation and suppression in all countries of the world.

In 2011, the UN General Assembly resolution on women’s political participation recorded

that women in every part of the world continues to be largely marginalized from the political
sphere. Individual women have to overcome this obstacle for the benefit of the society at
large.

Women in the political system of China

In the Chinese political system, the official data shows a quite good level of women
participation in politics. But the validity of this data cannot be really ascertained and
substantiated with a single party neo- authoritarian rule of the Communist Party of China and
its total domination over Chinese politics and elections; no one can really believe that women
enjoy equal political participation in Chinese Political System.

After the Socialist revolution of 1949, the role of women in Chinese society, economy, work
fence and politics began changing. The UN Development Programmer’s Human
Development report 2010 gave China a “Gender Equality Ranking of 38, just below the US
(37) and women’s position of leadership in employment and politics at the top level continues
to be much below their number.

Unequal gender representation in the work place, politics, decision making and in fact, in all
process of politics continues to be a hard. Very few women occupy top position in the
hierarchy of the Communist Party of China.

Factors of low level of women participation in political process

1. Patriarchal society with male domination as its feature – in human society, women are
controlled over their own lives continues to be quite low and inadequate. Several
social traditions, some constraints of family life their role as house wives, economic
dependence on family particularly on their husbands, and several other factors
continue to affect the role of women in politics.
2. Lack of aspiration for political participation and representation on part of women -
very few women come forward to become active members of political party, and even

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 they got selected as the representative of the people, they do not hesitate to depend
upon their husbands, fathers, brothers and other male relatives for discharging their
responsibilities and their functions.
3. Low level of political access - the existing low level of their access to leadership
roles, decision making structure and processes, positions of power and authority
continue to be big limiting factors of the role of women in political.
4. Women find leader encouragement for political participation - women political
participation take place only when there are supportive father or after marriage their
husband and other members of their in-laws. Lack of family and societal support for
women participation of active politics has been a major limiting factor.
5. Presence of social constrains - due to several social, economic, cultural and domestic
constrain, women find it problematic to contest elections.
6. Falling sex ratio, low level of female literacy, evil practices of female infanticide
against women etc all these factors affecting the role of women in society and politics.
7. Even when women opportunities for political participation are available for women in
practice, they find themselves dependent on the person of male- dominated party
structure for meeting their political aspiration and promotion.
8. Even when women get elected or appointed to top political position, several social,
economic, cultural and political factors continue to act as evidence in the way of
performance their roles as independent and influential political actors.
9. Most cases, women political leaders mostly try to appoint only those women to key
political officers whose thinking and ideas are deemed conducive for their own ideas
and when they believe that women leaders would remain amendable to their political
influence and role.
10. Most of the cases, women political leaders consider it expedient and useful to accept
their key male relatives as their proxies in politics. In Bihar, Mrs. Rabri Devi always
allows her husband Mr. Laloo Prasad Yadar to carry out key political function and
policy making. In America, the election of Hilary Clinton, who is trying hard to get
presidential nomination of the Democratic Party, contested the presidential election
would means an indirect re-election of husband Bill Clinton.

Some suggestion of increasing and enhancing the role of women in political process

1. It should enact and effectively implement laws aimed at elimination of all forms of
gender inequality socio-economic limitation hindrance, discrimination and
exploitation against women.
2. Additional emphasize must be places on female literacy, skill development and
improvement. The political party must adopt and nominate at least 33 percent women
candidates in every election.
3. Women must come forward and encourage by all to aspire for political career. Their
willing and active participation is essential for the strength and success of democratic
politics.
4. Establishment of a chain of well-structure democratic institution at all levels of
politics- locals, regional, national and global must be put in place.

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 5. Introduction of an element of proportional representation should be device and
implemented in politics.
6. Some addition resource and election campaign facilities should be ensured
to the women candidate contesting election for various constituencies.
7. Male political leaders must be influenced and encouraged in favour of adopting and
objective and fair approach towards women members of their parties, particularly for
women who come forward to take up leadership role.
8. Political parties should clearly identify the issue and special concern relating to
women’s political empowerment and advancement.

Women in the political system of UK

In Britain, on the average 1/4 of the members of the House of Commons (1919) and 1/5 of
the members of the House of Lords (1956) are women. In 1929, only 16 women got elected
to the House of Commons. In 1979, Miss Margret Thatcher got as the first woman Prime
Minister of UK. The members of women of the House of Commons was being increasing but
at a very slow rate. In 2010, 143 out of a total membership of 650 of the House of Commons
were women.

In 2015 general election in Britain, 1033 women candidates contested election and 191
became successful. Further, at present, British cabinet has only 32% women ministers. Thus
women representation and active participation in British politics still continues to be much
below the target of 56%. In terms of percentage of women parliamentarians, the UK ranks
36th out of 190 countries.

Women in the political system of USA

The most developed liberal democratic country of the world is USA. In 2012, the US House
of Representative had only 17 percent women members and the US Senate had only 20
percent women Senators. Since 1920, only 277 women had got elected to the US Congress.
Till today no women in the USA has got elected to the office of the President of USA.

Due to several social, economic, political, cultural and psychological factors only 45%
women against 62% men aspire for contesting election. In2015, US companies have 25%
women as board members. At present there are only 20 women members of the US Senate
and 80 women of the US House of Representative. Men occupy 44 offices of the Governor of
the state.

Women in the political system of Russia

Russian political system also reflects a wide gender gap. Women make up only 13% of
deputies of Russian Federal legislature. According to the Inter-Parliament Union (IPU) report
in 2012, Russia ranked 96th as of the bottom country interval of women participation in
political process and decision making. Russian women politician were found to be lower
level of influence in political decision making.

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In 2011, Russian minister for health Mr. Tatyana Golikova even admitted that “Russia does
not have any gender equality legislation and we do not yet have any real mechanism to
eliminate gender discrimination.”

Model Questions

1. Discuss the salient features of the Constitution of the Russian Federation.

2. Describe the Fundamental Principles enshrined in the Constitution of the Russian
Federation.
3. What are the Fundamental Rights and duties of Russian Citizens?
4. Explain the salient features of Russian Federalism.
5. Discuss the method of election and powers of the Russian President.
6. Explain the organisation, powers and position of the federation Council of Russia.
7. Discuss the organisation, powers and position of the State Duma of the Russian
Federal Assembly.
8. Discuss the features of the Russian Judiciary.

Bibliography

1. Major Governments, Political Systems of U.K., U.S.A., Russia, Switzerland, France

and China- K.K. Ghai
2. The Constitution of the United Kingdom-Ellen Castelow
3. The New Constitution of Russia: Main Principles and Features- Dr. Ninel S. Krylova

Question Bank

2019
(April)
POLITICAL SCIENCE
(Elective/Honours)
(Major Political Systems)
(PsO.07)
Marks: 75
Time: 3 hours
The figures in the margin indicate full marks for the questions
149
 Answer any five questions
1. Describe the main sources of the British Constitution. 15
2. Explain the composition, powers and functions of the British House of Commons. 15
3. Discuss the characteristic features of the US Constitution. 15
4. Discuss the organisation, jurisdictions and rule of the US Supreme Court. 15
5. Examine the powers and functions of the British Prime Minister. 15
6. Enumerate the fundamental rights and duties of the citizens of the People’s Republic of
China. 15
7. Explain the important features of the constitution of the Russian Federation. 15
8. Give an account of the ideological basis of the constitution of the People’s Republic of
China. 15
9. Examine the powers and functions of the Russian President. 15
10. Write short notes on any three of the following: 5X3=15
a. Doctrine of parliamentary sovereignty in Britain
b. Basic features of the US party system
c. Democratic centralism as a feature of Chinese Constitution
d. Features of the Russian Judiciary
e. Pressure Groups in the US political system

2018
(April)
POLITICAL SCIENCE
(Elective/Honours)
(Major Political Systems)
(PsO.07)
Marks: 75
Time: 3 hours
The figures in the margin indicate full marks for the questions
Answer any five questions
1. Discuss the salient features of the British Constitution. 15

150
2. Examine the powers and functions of the British Cabinet. 15
3. “The US Senate is considered to be the most powerful Second Chamber in the World”.
Discuss.15
4. Examine the powers and functions of the US President. 15
5. Enumerate the rights and duties of the Russian citizens as laid down in the Russian
Constitution.15
6. Describe the composition, powers and functions of the State Duma of the Russian Federal
Assembly. 15
7. Explain the characteristic features of the 1982 Constitution of the People’s Republic of China.
15
8. Discuss the composition, powers and functions of the National People’s Congress of China. 15
9. Examine the organisation and rule of the Communist Party of China. 15
10. Write short notes on any three of the following: 5X3=15
a. The importance of Conventions in the British Constitution
b. Federal features of the Russian Constitution
c. Features of the Chinese Judicial System
d. Judicial Review in the US Constitution
e. Party System in Britain

2017
(April)
POLITICAL SCIENCE
(Elective/Honours)
(Major Political Systems)
(PsO.07)
Marks: 75
Time: 3 hours
The figures in the margin indicate full marks for the questions
Answer any five questions
1. Describe the main sources of the British Constitution. 15

151
2. Discuss the powers, functions and position of the British Prime Minister. 15
3. Explain the composition, powers and functions of the British House of Commons. 15
4. Discuss the characteristic features of the US Constitution. 15
5. Explain the salient features of the US Federal System. 15
6. Explain the ideological basis of the Constitution of the People’s Republic of China. 15
7. Enumerate the rights and duties of the Chinese citizens.15
8. Explain the salient features of the Russian Constitution. 15
9. Discuss the powers and functions of the Russian President. 15
10. Write short notes on any three of the following: 5X3=15
a. Rule of Law as a feature of the British Constitution
b. Party system in the USA
c. Standing Committee of the National People’s Congress of China
d. Features of the Russian Judiciary
e. Communist Party of China

2016
(April)
POLITICAL SCIENCE
(Elective/Honours)
(Major Political Systems)
(PsO.07)
Marks: 75
Time: 3 hours
The figures in the margin indicate full marks for the questions
Answer any five questions
1. Explain the salient features of the British political system. 15

152
2. What is a Convention? Explain its significance in the context of the UK. (5+10=15)
3. How is the President of the United States elected? Discuss the powers and functions of the
President of the United States. (5+10=15)
4. What is the composition of the US Senate? Why is it considered as the most powerful
Second Chamber in the world? (5+10=15)
5. What is meant by Judicial Review? Examine the process of Judicial Review in the US.
(5+10=15)
6. Explain the structure of the Chinese Communist Party. Discuss its role in the Chinese
political system. (5+10=15)
7. Explain the composition of the National People’s Congress (NPC). Discuss its powers and
functions. (5+10=15)
8. What is the composition of the Russian state ‘Duma’? Discuss its powers and functions.
(5+10=15)
9. Explain the rights and duties of the Russian citizens. 15
10. Write short notes on any three of the following: 5X3=15
a. Chinese State Council
b. Role of women in the political process of the USA
c. Party system in the UK
d. Democratic Centralism in China
e. Russian Federalism

153