Political science paper 4

Unit 5

Indian constitution

Questions

1. Salient features
2. President of India
3. Supreme court of India
4. Prime minister of India
5. Government of India Act 1935

1. Salient features of India

Synopsis
Introduction
Meaning
Definition
Salient features
Conclusion

Introduction

Every country must have a constitution, as the constitution guides and governs of country. In
every country be it democratic or despotic rules and regulations decide the role and organization
of political institutions.
Meaning

Constitution is the law of the state, which acts as a foundation and source of legal authority
underlying as the existence of the state.

The Constitution provides framework for the organization of the state and the government. The
term constitution is derived from the Latin term constitute, which means to establish. It is the
bare document of a state. Constitution is a basic design, written or unwritten, or a document
which deals with the structure and powers of the government, including the rights and duties of a
citizens.

It is the fundamental law which has special legal sanctity, which sets out the framework and
functions of organs of the government.
Definition

According to Aristotle, “constitution is the way in which citizens or component parts of the state
are arranged in relation to one another.”

According to Woolsey, “constitution is the collection of principles according to which the

powers of the government, rights of the citizens and relation between the two are adjusted.”

According to Austin, “constitution is something which fixes the structure of the government.”

Salient features

Lengthiest constitution. Indian Constitution is lengthiest and detailed which contains 448
articles and 12 schedules. Various articles are incorporated in Indian constitution. The parent
document is the Government of India Act, 1935.

Establishment of Sovereign, Socialist, secular Democratic Republic. In the Indian

Constitution, sovereignty means the power to the government and secularism is derived from the
42nd Amendment, which means development and unity of various religions. Democracy means
the rule of law and Socialist means providing equality among the people and ensures the welfare
of the people.

Parliamentary form of government. In the Indian Constitution, Article 74 and 75 concerned

with the parliamentary system of the centre and Article 163 and 164 deals with the parliamentary
system of the state. In the parliamentary form of government, head of the government will be
Prime Minister and the head of the state will be president.

Rigid Constitution. The Constitution is rigid in the sense that most of its part cannot be
amended by the ordinary lawmaking process. Some parts of the constitution can be amended by
the ordinary lawmaking process, but some need to be passed in each House of parliament and
need majority voting. Then that bill needs to be presented to the president, who has to give his
permission to it, and then the constitution stands amended.
Secularism. India is a secular state. Its laws and activities are all based on consideration of
secular or this worldly welfare of the people. It is none of its business to promote the spiritual or
religious welfare of the people. It allows freedom of religion to all its citizens. It guarantees
freedom of worship, faith and conscience. The term secular and socialist did not occur in any
part of the original constitution. They were incorporated in the preamble by the 42nd
Amendment.

Fundamental rights and duties. Indian Constitution contains a comprehensive Bill of Rights,
Right to Freedom, Right to Equality, Right to Religion, Educational rights have been guaranteed
to the citizens of India. A chapter on fundamental Duties were incorporated in the 42nd
Amendment in the Constitution.
Directive principles of state policy. A distinctive feature of the Constitution is that it contains a
chapter on the DPSP. They relate mostly to social and economic justice such as subserve the
commonhood, equal pay to equal work, protection of adult and child labour, etc. They are the
guiding principles of state policy.

Universal Adult Franchise. The Framers of the Constitution took the bold step of conferring the
right to vote on every adult citizen of India, irrespective of the differences of education, property,
cast, religion. Every citizen who is 18 years of age has the right to vote. This makes the
Constitution democratic in the real sense of the term.

Judicial review and independent judiciary. The Court has both original and appellate
jurisdiction. It has the power of judicial review. It can declare any legislative enactment or
administrative act unconstitutional if it is deemed to be in conflict with the provisions of the
Constitution. The legislative and executive does not have any power to interfere in the matters of
judiciary. It is an independent body and has all the rights and powers to keep its decisions.

Single citizenship. No separate citizenship for the States and the centre like in various federal
countries like the USA. Part 2 of the Indian Constitution deals with the citizenship.

Separation of Power. In the state, the powers between the central government and the state
government and local bodies are divided. Central government deals with their power and state
government deals with their power. There will be no interference between those two.

Conclusion: The Constitution emphasizes the principle of justice, equality, and secularism
fostering a pluralistic society. The innovative concept of DPSP outlines socioeconomic goals
guiding the government in ensuring social justice and equitable development. Overall, the Indian
Constitution is testament to the vision of its framers striving to uphold democracy, justice and
unity in the world's largest democracy.

Supreme court

Synopsis
Introduction
Composition
Powers
Conclusion

Introduction

The Supreme Court of India, established on January 28, 1950, is the highest judicial body in the
country which is in New Delhi.
It serves as the final Court of appeal and guardian of the constitution, comprising achieved
justice and 31 other judges the is a crucial role in interpreting and upholding the constitutional
values.
Its jurisdiction extends to civil, criminal, and constitutional matters ensuring justice and
maintaining the rule of law.
Through landmark judgments, the. Court shapes legal precedents, safeguards and fundamental
rights and contribute significantly to the Indian legal landscape.

Composition
Number of judges. The Supreme court Of India consist of Chief Justice and 31 other judges.
The number of judges of the. Theme quotes determined by Parliament of Law.

Appointment of the judges. Every judge of. Supreme Court is appointed by the President. The
Chief Justice of India is appointed after the consultation with such judges of the. End of the High
Court as he may deem necessary in case of appointment of a judge other than CJI, the chief
judges always consulted.

Qualification. He must be a citizen of India. He must be as a judge of High Court for at least
five years, or of two or more such courts in succession, or has been for at least 10 years, an
advocate for High Court or Who are more such goals in succession? Or is in the opinion of
President, a distinguished jurist.

Term of office. A judge of the Supreme court holds office until he attains the age of 65 years.

Removal. Judges are removed through the impeachment method by both the Houses of
Parliament by passing the resolution supported by 2/3rd of majority of members present and
voting. The impeachment of judges will happen only by providing their misbehavior.

Salary and allowances. Chief Justice of India draws the salary of rupees 2,80,000 and other
judges of rupees 2,50,000 and they are entitled to rent for residential accommodation, official
vehicle security, medical facilities and travel allowances.

Powers
A court of record. The Supreme court is a court of record and has all the powers of such court,
including the power to punish for contempt of itself. A court of record is one of whose
proceedings are recorded and are valid as evidence of fact.
Original jurisdiction. The Supreme Court has original jurisdiction in any matter between the
Government of India and one or more states, or between the Government of India and any state
or states on one side and one or more states on the other or between 2 or more states. Such
dispute must involve any question on which the existence or extent of legal rights depends.
Appellate jurisdiction. An appeal lies to the Supreme Court from any judgement, decree or final
order of a High Court if the High Court certifies that the case involves a substantial question of
law, of general nature, and that in the opinion of the High Court, the question needs to be
decided by the Supreme Court. An appeal lies to the Supreme Court from any judgment, final
order or sentence in a criminal proceeding of a High Court if the High Court has on appeal
reversed an order of the acquittal of an accused person and sentenced him to death or has
withdrawn for trial before itself any case from any court subordinate to its authority and has in
such trials convicted the accused person and sentenced him to death or the High Court certifies
that the case is fit for appeal to the Supreme Court.

Special leave to appeal. The Supreme Court may in its discretion, grant special leave to appeal
from any judgment, decree, determination, sentence or order in any case or matters passed or
made by any court or tribunal in India. This confers wide powers on the Supreme Court.

Power of the review. The Supreme Court has power to review any judgment, pronounced or
order made by it.

Enforcement of the decision. Any decree or order of the supreme court is enforceable through
the territory of India, the law declared by the. Supreme Court is binding on all the courts within
the territory of India.

Conclusion: The. Preme Court of India, as the apex judicial authority, holds up pivotal role in
upholding the principle of justice, fairness and constitutional. Its commitment to justice, coupled
with its role as the final appellate authority, ensures that the rule of law prevails. The Supreme
Court of India stands as a beacon of judicial integrity and a pillar of nation’s legal system which
uphold the constitutional ethos and protect the right of all citizens.

Government of India act 1935

Synopsis
Introduction
Provisions
Conclusion

Introduction
Government of India Act, 1935 was the largest and longest constitutional measure introduced by
British India.
It is the result of multiple roundtable conferences and the report submitted by the Simon
Commission.
It consisted of two sections federal Sections for the Central Government of the Projected All
India Federation of British India and the Indian States, and the provisional section for the
Provinces of British India.
This act contains 321 articles and 10 schedules and also known as Mini Constitution of India.

Provisions

Federation. The Act provided for the establishment of Federation of India. It consists of
provision of both British India and Princely states as units. For the first time, an attempt was
made to establish federal government or dual government system.

Distribution of power. The legislation power has divided power into three lists. They are
Federal list, Provisional Lists and Concurrent List.
Federal list. Consist of 59 subjects, for example external affairs, currency making etc.
Provisional list. Consist of 54 subjects, for example police, education, transportation etc.
Concurrent list. Consisted of 39 subjects, for example, law, marriage, Civil Procedure, etc.
Both the Federal and provisional government have the power to make law. The subject which
does not come under 3 subjects comes under residuary power authority in the hand of Governor
General.

Dyarchy at the center. The Dyarchy was established under the Act of 1919 and adopted in 1935
Act. In this administration of reserve subjects like difference external affairs was done by
Governor General with the help of councillors who were appointed by Governor General, and
they are not responsible for the legislature.
In the matters of transferred subjects, the Governor General acted on the advice of Council
ministers who were responsible for legislature.

The federal legislature. The central legislature was bicameral and consisting of federal
assembly and council states.
The Council of States consisted of 260 members, 156 are elected from British India and 104 by
princely states for the term of three years.
Federal Assembly consisted of 375 members, 250 were elected by the Legislative Assembly and
125 were nominated by the rules of princely states for the term of five years.

Federal Court. First time the federal court was established in India in Delhi in the year 1937
consist of consisted of Chief Justice and Additional Judges. It was the highest court of India
which became supreme court after 1950, Sir Maurice Gwyer was the first Chief Justice.
Provisional autonomy. By the Act of 1935, the province was no longer remained as a delegate
of the central government, but becomes autonomous units of administration, Provisional
autonomy was introduced in Madras, Bombay and Bengal.
The United Province were introduced in Punjab, Bihar, the Central Province, Assam.
The Northwestern Frontier Province in Orissa and Sindh.

Conclusion
Federation was not introduced at the centre because of the opposition for merger from the rulers
of princely states. The provinces were administered by ministers. The difference between reserve
and transport subjects was dropped. The dominant status was not conferred to India as promised
by Simon Commission. A limited provisional autonomy as central government retained for
important powers.

President of India
Synopsis
Introduction
Election criteria
Process
Impeachment
Powers & Functions
Conclusion

Introduction
The President of India is defined in the Constitution in the Article 52.
It states that there shall be a President of India.
The President is the head of the state and the 1st citizen of India and the commander of the Indian
Armed Forces.
The President is elected by the method of indirect election, that is by the electoral College,
consisting of elected members of both Houses of Parliament and of the state legislative
assemblies.
The president is the formal executive.
The office of the President is very august, and the Constitution attaches to it many privileges and
immunities.
Election criteria
Eligibility. Article 58 of the Constitution sets the principal qualification one must meet to be
eligible of the office of the President.
A President must be:
• Must be the citizen of India
 • Must be of 35 years of age or above
• Must be qualified to become a member of Lok Sabha.
Conditions. Certain conditions as per Article 59 of the Constitution debar an otherwise eligible
citizen from contesting the presidential elections.
The conditions are as follows:
The president Shall not be a member of either House of Parliament, or of a House of legislature,
of any state be elected President, he shall be deemed to have vacated his seat in that house on the
date on which he enters upon his office as President.
The President shall not hold any office of profit.
The President shall be entitled, without payment of rent to use of his official residence, and shall
be also entitled to such emoluments, allowances and privileges as may be determined by
Parliament by law, and until provision in that behalf is so made, such emoluments, allowances
and privileges as are specified in the II Schedule.
The emoluments and allowances of the President shall not be diminished during his term of
office.
Term of office. The President holds office for a term of 5 years from the date of which he enters
upon his office.
Process
The President is chosen by an Electoral College consisting of the elected members of both
Houses of Parliament (MP's), the elected members of the State Legislative assemblies of two
union territory, and the elected members of the state legislative assemblies (Vidhan Sabha).
President being Constitutional head with duties to protect, defend, and preserve the Constitution
and rule of law in a constitutional democracy with constitutional supremacy is elected in an
extensive manner by members of Lok Sabha, Rajya Sabha and state legislative assemblies in a
secret ballot procedure.
The nomination of a candidate for election of office of the President must be subscribed by at
least 50 electors as proposals and 50 electors as seconders.
Each candidate has to make a security deposit of 15,000 rupees in the RBI. The security deposit
is liable to be forfeited in case of the candidate fails to secure 1/6 of the votes polled.
The election is held in accordance to the system of proportional representation by means of
Single Transferable Vote method. The voting takes place by secret ballot system. The manner of
the election of President is provided by Article 55 of the Indian Constitution.
The calculation for votes cast by a particular state is calculated by dividing the state's total
population by 1000, which is divided by the number of legislators from the state voting in the
Electoral College. This number is the number of votes per legislator in a given state. Every
elected member of Parliament enjoys the same number of votes, which may be obtained by
dividing the total number of votes assigned to the members of the legislative assembly by the
total number of elected representatives of the Parliament.
Indian presidential elections involve actual voting by MPs and MLAs. They tend to vote for the
candidate supported by their representative parties.
Impeachment
The president may for violation of the Constitution be. Remove from office by impeachment.
The procedure for impeachment is as follows:
• The charge of violating the constitution may be preferred by either House of Parliament.
• The proposal to prefer such a charge to be contained in a resolution signed by not less
than 1/4 of the total number of members of the House initiating impeachment.
• A resolution for impeachment can be moved after at least 14 days' notice has been given
by the members initiating impeachment.
• Such a resolution should be passed by a majority of not less than 2/3 of the total
membership of the house.
• Then the other house investigates into the charge or causes the charge to be investigated.
The President has the right to appear and to be represented at such investigation.
• If, as a result of the investigation, a resolution is passed by a majority of not less than 2/3
of the total membership of the House by which the charge was investigated or caused to
be investigated, declaring that the charge preferred against the President has been
sustained, such resolution shall have the effect of removing the President from his office
as from the date on which the resolution is passed.
Powers & Functions
Executive power and function.
All the business shall be in his name.
All the international treaties are signed in his name, subject to ratification by Parliament.
Allocate business among ministers on the advice of the Prime Minister.
The President of India is to be informed on affairs of the Union and proposed legislative power.
The Prime Minister and Council of Ministers are appointed by the President.
Legislative power and function.
Summoning, propagation, sending messages with respect to both houses.
Calling joint session in case of abrupt vacancy in case of the office of the Speaker or Deputy
Speaker.
The President will make a temporary arrangement dissolves Lok Sabha
Gives assent to the Bill Ordinance before both the Houses, the report of the Union Public
Service Commission, Annual Financial Statement or other constitutional statutory bodies.
He gives permission for the introduction of money bills.
Financial power and function.
Only with the prior recommendation of the President, a money bill can be introduced in
Parliament.
The annual financial statement, which is the Union budget, is there before the Parliament by the
President
To recommend the distribution of the revenue in Centre and State, he constitutes the Finance
Commission after every five years.
Judicial powers and functions.
The president can pardon commute, remit, respite and deprive any sentence of any court except
military court;
Appointment of the supreme Court and high Court judges.
He also refers to the supreme court any case for its opinion.
Military power.
He appoints the chief of the Army, Navy and the Air Force.
He is the. Commander in Chief of the Defence Forces of India.
He can declare war or conclude peace subject to the approval of the Parliament.
Emergency power.
President has extraordinary power with the following3 types of emergency:
• National emergency under Article 352
• President rules under Article 356 and 365 on the basis of the report of Governor or
otherwise.
• Financial emergency under Article 360.
Conclusion
The President of India holds a pivotal role in the country's government, serving as the ceremonial
head and the custodian of the Constitution. With the with the power to appoint the official
dissolved parliament and act as the. Commander of the armed force, the president plays a crucial
role in upholding the democratic principles of the nation. The President of India symbolizes the
unity and integrity of the country, embodying the highest ideals of leadership, impartiality and
constitutional duty.

Prime minister
Synopsis
Introduction
Explanation
Powers and functions
Position of prime minister
Conclusion

Introduction
The office of the Prime Minister is the most powerful office in India.
If Cabinet is the strongest institution, the Prime Minister is the strongest person in the cabinet
under the Constitution of India, the real centre of power is the office of the Prime Minister.
He is the Head of the Government of India. He is the real custodian of all executive authority.
The Prime Minister serves as the chief architect of India's socio-economic and political
landscape.
The Prime Minister of India stands as a symbol of hope, progress, and resilience for the nation
and beyond.

Explanation
Appointment of the prime minister
The Constitution simply lays down that the Prime Minister is to be appointed by the President. In
doing so the President follows the rules of the parliamentary system. He appoints the leader of
the majority in the Lok Sabha as the Prime Minister. Whenever a party gets a clear majority in
Lok Sabha elections, the President plays a little role, and he appoints the leader of such a party or
a coalition group as the Prime Minister. However, in case no party gets a majority, and some
parties are even unable to elect a common candidate as their leader, the President can play a real
role in the appointment of the Prime Minister.

The Prime Minister need not be always from Lok Sabha: Between 1950-96 the Prime
Ministers always belonged to the Lok Sabha. But it was a convention and not a law. This
convention was broken in June 1996, April 1997, May 2004 and May 2009. Since May 2004 (for
the second consecutive time since May 2009) Dr Manmohan Singh has been the Prime Minster
and he has been and still he is a member of the Rajya Sabha. The Prime Minister can be from
either House of the Parliament. The only essential condition is that he must be the adopted or
elected leader of the majority in the Lok Sabha.

Prime Minister need not be a sitting member of the Parliament: Further, that any person who
is not a member of either House of the Parliament can also become a minister or the Prime
Minister and e he can remain so for six months, within this period he has to essentially get the
membership of either House. In case he fails to do so, he loses his office of Minister/Prime
Minister.

Qualification:

• Citizenship: The person must be a citizen of India.

• Age: The individual must be at least 25 years old to be a member of the Lok Sabha (the
lower house of Parliament), which is a prerequisite for becoming the Prime Minister.
• Membership in the Lok Sabha or Rajya Sabha: While the Prime Minister is typically a
member of the Lok Sabha, they can also be a member of the Rajya Sabha (the upper
house of Parliament). However, if they are not a member of the Lok Sabha at the time of
appointment, they must become one within six months.

Tenure:
The prime minister holds the office for the term of 5 years. The Prime Minister holds office
during the pleasure of the President. It really means, so long as he enjoys the confidence of
majority in Lok Sabha. Lok Sabha can pass a vote of no-confidence against him and in this case
the Prime Minister either submits his resignation to the President or gets dismissed by the
President. Whenever it may appear that the Prime Minister’s party has lost its majority in the
Lok Sabha, the President can ask him to prove his majority in House. A failure to do so compels
the Prime Minister to either resign forthwith or face dismissal at the hands of the President.

Power and functions

Formation of cabinet: The Prime Minister forms the council of Minister, determines its size,
assigns portfolios to different ministers and names the persons who are to be included in the
cabinet. It is the right of the Prime Minister to shuffle and reshuffle his Council of Ministers as
and when he likes. It is the prerogative of the Prime Minister to ask any of his colleagues to
resign. If the Prime Minister desires, that particular minister must quit. A hint from him is
enough. If he does not resign, he may be dismissed. The PM determines the strength of his
ministry and selects his team of ministers. However, this number cannot be more than 15% of the
total membership of the Lok Sabha.

Control of the cabinet: The Prime Minister presides over cabinet meetings. He controls the
agenda for cabinet meetings, although discussions in the meeting are open and frank and every
member has the right to express his views freely yet ultimately, it is the views of the Prime
Minister that prevail. If a member persists in his disagreement with the decision of the cabinet or
the views of the Prime Minister, he has to quit.

Coordination of ministers: The Prime Minister's. Advises and coordinates the policies and
functions of all the ministers and ministries. It is his right as well as duty to ensure that every
minister and every department functions efficiently and carries out the policies of the Cabinet
faithfully.

Leader of the House of the People: The Prime Minister is the leader of the House of the
People. He makes all important policy announcements of the government. All questions relating
to important national and international affairs are addressed to him. He initiates debates of
general importance and intervenes in others when it seems necessary to defend the position of
the government.

Responsibility in foreign and defence affairs. The Prime Minister exercises special responsibility
towards foreign and defence affairs. He may not hold the charge of External Affairs Ministry,
but it is he who controls the foreign policy of the nation and the appointment of diplomatic
missions. He is regarded as the nation's authoritative spokesman on all the international affairs.
He represents the country as the head of the government in international gatherings. His relation
with the Defense Ministry is very close and active. He may not hold a charge of that ministry,
but he keeps a close watch on it working. In times of war, it is the Prime Minister who shoulders
the responsibility of the Defence and Foreign Affairs. The role of the Defence Minister amounts
simply to assisting him.

Special duties by Article 78: Article 78 of the Constitution assigns some special duties to the
Prime Minister. He is the only channel of communication with the President on all matters. It is
his duty to communicate to the President all decisions of the Council of Ministers relating to the
administration of the affairs of the Union and proposals for legislation. It is his duty to furnish
such information relating to the administration of the affairs of the Union and proposals for
legislation as the President may call for.

Powers and functions in relation to the state: The Prime Minister's powers in relation to the
states are immense. In reality, it is he who appoints and dismisses governors. Again, it is he who
decides that constitutional machinery in a state has failed and the president must assume to
himself the functions of the government of the state.

Exercise of emergency power and functions: The emergency power of the president is
virtually exercised by the Prime Minister. In 1975, Shrimati Indira Gandhi declared an
emergency without even consulting her cabinet colleagues. However, the 44th amendment of the
Constitution has curbed this power of the Prime Minister. The amendment states that the
President cannot declare emergency unless the decision of the Union Cabinet that such a
declaration be made is communicated to him in writing.

Position of the prime minister

The office of PM is very powerful: A study of the powers and functions of the Prime Minister
clearly brings out the fact that he holds the most powerful office in the Indian. He exercises real
and formidable powers in all spheres of governmental activity—executive, legislative and
financial. The Prime Minister is the captain of the ship of state, the key stone of cabinet arch, the
steering wheel of government, and the moon amongst lesser stars. The whole organization and
working of the Council of Ministers depend upon the Prime Minister. The President always acts
in accordance with the advice of the Prime Minister. Ministry-making is the sole right of the
Prime Minister. The resignation or removal of the Prime Minister always means the resignation
of the Council of Ministers. Hence, Prime Minister is the centre of gravity and the foundation
stone of the Council of Ministers.

The President of India always acts upon the advice of the PM: The President always acts
upon the advice of the Prime Minister. The constitution assigns to the latter the role of being the
chief advisor to the President. All the powers of the President, both the normal powers and the
emergency powers, are really the powers of the Prime Minister. As the head of the government,
leader of the Cabinet, leader of the majority, leader of the Parliament and the leader of the nation,
the Prime Minister plays an important and powerful role in the Indian Political System. Indeed,
the Prime Minister occupies a very powerful rather the most powerful position in India.

The PM cannot become a dictator: Undoubtedly, the Prime Minister of India enjoys a very
strong position, yet he can neither be a dictator nor even behave like a dictator. His office is a
democratic office to which he rises only through an effective participation in the democratic
process. The party to which the Prime Minister belongs, his own ministerial colleagues who are
also his competitors, the leaders of the opposition parties, the President of India, the Parliament,
the Press, the Constitution, and the public in general, all act as limitations upon him. These
prevent him from becoming a dictator and from acting in an arbitrary way. His personality and
skills are continuously on test. Any failure or lapse can cause his exit.

The office of the Prime Minister of India is a powerful democratic office. Its actual work
depends upon the personal qualities and political status of the person who holds this office.
However, no one can convert his office into an authoritarian or dictatorial office. A person can
remain Prime Minister only so long as he follows democratic norms and values.

Conclusion: The Prime Minister of India occupies a position of immense responsibility and
influence in the world's largest democracy. Charged with leading the government, shaping
national policies, and representing the country on the global stage, the Prime Minister plays a
pivotal role in steering India's socio-economic development and political trajectory. The
effectiveness of the Prime Minister's leadership profoundly impacts the nation's progress,
stability, and standing in the international community, making this role central to India's journey
towards prosperity, unity, and strength.

Unit-4

France constitution

Questions

1. 5th republic features

2. President of French constitution
3. Political party
4. Administrative courts

5th republic features

Synopsis
Introduction
Features
Conclusion

Introduction
The current government is popularly called the Fifth Republic though there has been no break,
with regard to fundamental principles, from the government which preceded it.
France’s current republic, the Fifth Republic, was established with the adoption of a new
constitution on October 4, 1958, with direct presidential elections introduced in 1962.
The Constitution of the Fifth Republic strengthened de Gaulle’s powers as head of state at the
expense of parliament and the judiciary.
The Constitution also draws inspiration from the first French Constitution and incorporates the
Declaration of the Rights of Man and the Citizen by a reference in its preamble.

Features

Preamble. The French people solemnly proclaim their attachment to the rights of man and the
principles of national sovereignty as defined by the Declaration of 1789, confirmed and
complemented by the preamble of the Constitution of 1946. By virtue of these principles and that
of the self determination of people, the Republic offers to the overseas territories that express the
will to adhere to them new institutions founded on the common ideal of liberty, equality and
fraternity, and conceived with the view to their democratic development.

Written Constitution. It is a written constitution. It was not framed and adopted by the
Constituent Assembly. A small cabinet committee was appointed by de Gaulle's government to
draft a constitution. The draft was considered by a Consultative Committee consisting of 39
members. The committee approved the text, then it was submitted to the people for their
approval at a referendum held on September 29, 1958. It was ratified by an overwhelming
majority.

Rigid Constitution. It is a rigid constitution. It cannot be amended by the ordinary lawmaking

procedure. The process of amendment includes a referendum.

The Declaration of Rights of 1789 was adopted. An important feature of the Constitution is
that it reaffirms the rights of man and the principles of national sovereignty as defined by the
Declaration of Rights of Man and of the Citizens of 1789. The entire Constitution is permeated
by these rights and principles.

Basic democratic principles defined and adopted. The basic democratic principles have been
incorporated in the Constitution. Article 2 states that France is a Republic, indivisible, secular,
democratic and social. It shall ensure the equality of all citizens before law, without distinction
of origin, race or religion. It should respect all beliefs. The motto of the Republic is “liberty,
equality and fraternity.” Its principle is “government of the people, by the people, and for the
people.” National sovereignty belongs to the people. Suffrage is universal, equal and secret.
Political parties and groups are guaranteed for freedom to carry on their activities.

Strong presidency. The constitution provides for a strong president. The position of the
president under the constitution of the Third and Fourth Republic was very weak. He neither
reigned nor governed. But the position of the President under the Fifth Republic is strong. He
presides over the Council of Ministers and signs decrease and ordinance decided upon the
Council. He is the commander of the armed forces and presides over the higher councils and
committees of National Defence. He can dissolve the National Assembly. He can assume special
powers in an emergency.

Limited powers of Parliament. The new Constitution provides for a parliament with a limited
power. Parliament can legislate only on matters enumerated in the Constitution. The government
can make laws on all other matters by simple decree. Article 37 states, “matter other than those
that fall within the domain of law shall be of regulatory character.” It means that parliamentary is
not the lawmaking authority. Its legislative competence is restricted. The Constitution itself has
endowed the executive with legislative powers.

Mixture of parliamentary & presidential system. The constitution combines the elements of
both parliamentary and presidential systems. The Council of Minister is responsible to the
National Assembly. The Assembly may question the responsibility of the government by motion
of censure. When the National Assembly adopts a motion of censure, or when it disapproves the
programme or declaration of general policy of the government, the Premier must submit the
resignation of the government to the President.

But the president is the head of the government as well as the head of the state. He possesses
important legislative, executive, financial and judicial powers. Under Article 16, he has been
given emergency powers which make him a virtual dictator.

Another important element of the presidential system is that a minister cannot be a member of
the National Assembly or the Senate. Article 23 states that the office of members of the
government is incompatible with the exercise of any parliamentary mandate.

Bicameral legislature. The Constitution provides for a legislature consisting of two chambers,
namely the National Assembly and the Senate. The deputies of the National Assemblies are
elected by direct suffrage. The deputies are elected for a term of five years, whereas the senators
have a term of nine years.

The Constitutional Council. The Constitution provides for a constitutional council. It consists
of nine members whose term of office lasts nine years, and it does not. Three of its members are
appointed by the President of the Republic, three of the President of the National Assembly, and
three by the President of the Senate. Its main functions are to ensure the regularity of the election
of President of the Republic and to examine the validity of organic laws before their
promulgation.

The High Court of Justice. Article 67 of the Constitution provides for a High Court of Justice.
It is composed of members elected in equal numbers by the National Assembly and the Senate
after each general or partial election to those bodies. It elects its president from among its
members. Its main function is to try the President of the Republic for higher treason and the
members of the government for their crimes and misdemeanors committed in the exercise of
their duties.

The High Council of the Judiciary. The Constitution lays down that the President of the
Republic shall be the guarantor of the independence of the judiciary. It provides for a High
Council of the Judiciary to assist him. It consists of nine members appointed by the President of
the Republic, who himself is its President. The Minister of Justice is its Vice President. The
function of the Council is to present nomination for judges of the. Court of Appeal and to give its
opinion on proposals of the Minister of Justice in respect of the nomination of other judges. It is
also consulted on the question of pardon.

The Economic and Social Council. The Constitution provides for the establishment of an
Economic and Social Council whose function is to give its opinion on the Government Bills
Ordinance and decrees, and as well as on parliamentary bills submitted to it.

Referendum. Another important feature of the Constitution is that the President of the Republic
can submit certain issues to the public at a referendum. Article 11 provides that the President of
the Republic on the proposal of the government or on joint motion of two assemblies, may
submit to a referendum any bill dealing with the organization of the governmental authorities,
entailing approval of the community agreement or providing for authorization to ratify a treaty
that, without being contrary to the Constitution might affect the functioning of existing
institutions.

The French community. Another notable feature of the Constitution is that it has instituted a
French community which consists of the French Republic and the associated States. The
Republic which consists of metropolitan France, Overseas Territories and the Overseas
Departments. The Overseas Territories may retain their status within the Republic or become
Overseas Departments of the Republic or Member States of the Community. The states in the
community enjoy autonomy, administer themselves and manage their own affairs democratically
and freely. There is only one citizenship in the Community. The community's jurisdiction
extends over foreign policy, defends currency, common economic and financial Policy, as well
as on policy on strategic raw material. The President of the Republic is the President of the
Community.
Conclusion:

The features of the Fifth Republic of France epitomize a balance between stability and
adaptability, that blends elements of both parliamentary and presidential governance.

Under the leadership of Charles de Gaulle, this constitutional framework emphasizes strong
executive authority vested in the President, who serves as the head of state and government.

The Fifth Republic's hallmark features include a robust executive branch, a bicameral legislature
with a powerful National Assembly.

The Fifth Republic has demonstrated resilience, adaptability, and the capacity to evolve in
response to socio-political dynamics, thereby solidifying its status as a cornerstone of French
democracy.

President

Synopsis
Introduction
It was said in the constitution of 1875 that it was "a Senate." It may be said of the constitution of
1958 that it is "a President."
The French Constitution, established in 1958 under the leadership of Charles de Gaulle,
delineates the roles and powers of the President the vital pillars of the country's political
framework.
The President is also entrusted with appointing the Prime Minister, presiding over the Council of
Ministers, and ensuring the proper functioning of state institutions.
As custodians of the nation's democratic ideals, the President embody the France's commitment
to governance rooted in constitutional principles, fostering stability, accountability, and the
pursuit of the common good.

Election of the president

The President of the France is elected by direct universal suffrage for a term of seven years.
Article 7 provides that the President is to be elected by an absolute majority of the votes cast. If
this is not obtained on the first ballot, there is a second ballot on the 2nd Sunday following. Only
the two candidates who have received the greatest number of votes on the first ballot present
themselves, taking into account the possible withdrawal of more favoured candidates.
In the event that the Presidency has been vacated or impaired in its functioning, the functions of
the President are temporarily exercised by the President of the Senate and, if the latter is in his
turn impeded in the exercise of these functions by the government.

In the case of a vacancy or where the incapacity of the President is declared permanent by the
Constitutional Council, the ballot for the election of the new President shall, except in the event
of a finding by the Constitutional Council of force majeure, be held not less than 12 days and not
more than 35 days after the beginning of the vacancy or the declaration that the incapacity is
permanent. If in the seven days preceding the last day for lodging presentation of the candidate,
any of the person who, less than 30 days prior to that day have publicly announced their decision
to be a candidate dies or becomes incapacitated. The Constitutional Council may decide to
postpone the election.

If, before the 1st ballot, any of the candidates dies or becomes incapacitated, the Constitutional
Council shall declare the election postponed.

In the event of the death or incapacitation of either of the two candidates on the lead in the first
ballot before any withdrawals, the Constitutional Council shall declare that the electoral
procedure must be repeated in full. The same shall apply in the event of the death or
incapacitation of either of the two candidates remaining standing for the 2nd ballot.

Powers and functions

Power and functions as constitutional head of the state: The President performs all those
functions which are usually performed by the constitutional head of the state.

• He appoints the Prime Minister and terminates his functions when the latter presents the
results of the government.
• On the proposal of the Prime Minister, he appoints other members of the government and
terminates their functions.
• He presides over the meeting of the Council of Ministers and over the Higher Council
and committees of National Defence.
• He is the commander of the armed forces of the country.
• The President accredits ambassadors and envoys extraordinary to foreign powers; foreign
ambassadors and envoys extraordinary accredited to him.
• He makes appointments to civil and military posts of the state.
• He signs ordinance and decrees decided upon in the Council of Ministers. He
promulgates laws passed by Parliament and sends messages to the two Assemblies of
Parliament.
• He negotiates and ratifies treaties.
 • He is kept informed of all negotiations leading to the conclusion of an international
agreement not subject to ratification.
• The president has the right of pardon.

In exercising these powers, the President acted with the concurrence of the Prime Minister. His
acts are countersigned by the Premier and should circumstances so required by the. Ministers.
However, by appointing the Prime Minister, he acts in his discretion.

Discretionary power. The Constitution vests President with discretionary powers in exercise of
which counter signature of the Premier is not required. The Constitution especially mentions four
such powers.

1. Dissolution of National Assembly: The president can declare the dissolution of the
National assembly.

The only limitation on his power of dissolution is that he cannot dissolve it twice within the year
following the fresh election after a dissolution.

The other limitations are that the president must consult the prime minister and president of the
assemblies before declaring the dissolution. But it is a sheer formality. The president may refuse
dissolution when asked by the prime minister.

2. Submission of the bill: The second discretionary power is that the president relates to
submission of bills to a referendum. Article 11 states that the president on proposals of
the government during the parliamentary sessions or on joint motion of the two
assemblies may submit to a referendum any bill dealing with the organization of the
governmental authorities, entailing approval of the community agreement, or providing
for authorization to ratify a treaty that without being contrary to the constitution might
affect the functioning of the existing institutions. Further, the president may decide that a
constitutional amendment passed by the parliament need not be submitted to a
referendum. In that case, the proposed amendment is submitted to a joint sitting of the
two assemblies and if it is accepted by a 3/5th majority of the votes cast it becomes an
amendment of the constitution. Thus, initiative for referendum lies with the president.
3. Emergency power: The third discretionary power of the president is related to
emergency. When the institutions of the republic, the independence of the nation, the
integrity of its territory or the fulfilment of its commitments are threatened in a grave and
immediate manner and when the regular functioning of the constitutional governmental
authorities is interrupted, the President of the Republic shall take necessary measures and
inform nation of these measures. However, he shall take these measures after official
consultation with the Premier, the presidents of the assemblies and the Constitutional
Council.
 4. Organic laws: The president must submit to the Constitutional council, organic laws
before their promulgation and regulations of Parliamentary assemblies before they come
into force. This act of the President does not require the countersignature of the Premier.

The president of the arbiter: Article 5 of the constitution authorizes the President with the
responsibility to see that the governmental institution function properly. It states, “The President
of the Republic shall see that the constitution is respected. He shall ensure by his arbitration, the
regular functioning of the governmental authorities, as well as the continuance of the State. He
shall be the guarantor of national independence, of the integrity of the territory; and of the
respect for the community agreements and treaties.

Thus, agreement of France wields extensive powers. His position is entirely different from that
of the British Queen and of the Indian President.

Conclusion:

The role of the President of France is pivotal in shaping the nation's direction, both domestically
and internationally.

Charged with upholding the principles of liberty, equality, and fraternity, the President embodies
the aspirations and values of the French people.

Through decisive leadership, effective governance, and a commitment to inclusivity, the

President has the power to steer the country towards progress, unity, and prosperity.

Administrative courts

Synopsis

Introduction

Explanation

Conclusion

Introduction

o A peculiar feature of the French judicial system is that there are administrative courts
separately.
o Administrative law deals with the liability of the state and the municipal bodies for the
wrong done to private, individual or their property.
 o It also deals with rules relating to the validity of administrative decrees, the modes of
granting redress when public official exceed their power vested in them by law, the
awarding of damages to private citizens for injuries which are caused by the public
servants, and the distinction between official and personal acts of the public servants.
Explanation

 There are separate courts in France to decide suits brought by the private individual
against officials.
 There are 23 administrative tribunals.
 These are the courts of first instance for deciding cases involving administrative law.
Each administrative tribunal consists of a president and four members appointed by the
Minister of Interior.
 The council status the highest administrative court.
 It is composed of 15 members who are appointed by the President of the Republic.
 It is divided into several sections.
 The judicial section is further divided into chambers in which 5 councillors decide cases.
 They hear appeals from the administrative tribunals.
 The Council has also originated the restriction in certain matters. Access to the Council
of State is easy and inexpensive.
 The Council of State has got the other power as well.
 Government bills are discussed in the Council of State.
 Ordinances are enacted by the government after consultation with the Council of State.

Evaluation of administrative courts.

 The French system of administrative courts has been a subject of hostile criticism.
 It is argued that justice cannot be obtained in administrative courts as they consist of
officials appointed by the ministries.
 The judges of these courts are likely to be partial to the offending officials, as they
themselves are officials.
 This system therefore constitutes encroachment on the rights and liberties of citizens.
 But the actual working of the system has proved that the criticism is unfounded.
 The Frenchman consider it as the best guarantor of their liberty. In the words of the
Duguit, the system provides almost perfect protection against administrative action.
 The French administrative law, Professor Warner asserted that “without fear of
contradiction in no other country of the world are rights of individuals so well protected
against administrative abuses and the people so sure of receiving reparation for injuries
sustained from such abuses.”
 The Council of State has formally established its reputation for impartiality.
Conclusion

o French administrative courts play a crucial role in safeguarding the rule of law and
ensuring the proper functioning of administrative bodies.
o With a focus on resolving disputes between individuals and public authorities, these
courts meticulously evaluate cases based on administrative law principles, ensuring
adherence to legal procedures and protection of citizens' rights.
o Through their impartiality, expertise, and adherence to legal principles, these courts
provide citizens and organizations with a forum to challenge administrative decisions and
seek redress for grievances.
o French administrative courts contribute significantly to upholding the rule of law,
maintaining governmental accountability, and safeguarding the interests of citizens.

Political party system

Synopsis
Introduction
Features
Important parties
Conclusion

Introduction
French has a multi-party system.
It was the system that was responsible for the chronic instability of the government under the
third and 4th republics.
French had 22 governments with an average list of about six and half months.
Even in the recent days, French has about the dozen parties represented in the National
Assembly.
These parties engage in electoral competition, coalition-building, and policy formulation,
shaping the direction of French governance and reflecting the diverse socio-political landscape of
the country.

Features
Multiplicity of parties. Multiplicity of parties is an important feature of the French party
system. There have always existed more than a dozen parties and groups in Parliament. It was
this multiplicity of parties that was responsible for the chronic instability of the government
under the Third and Fourth Republic.

Unrealistic and ideological. French party politics is often but. Unrealistic and passionately
ideological, as Law will do. A Frenchman is inclined to pursue an ideal, striving to realize his
conception of a perfect society, and is reluctant to give up any part of it, forsake of attaining so
much as lies within his reach.

Lack of discipline. The French parties lack sound organizational structure. Revolutionary habits
and anarchical tendency govern the behavior of an average French politician. He hates party
discipline. He is emotionally enthusiastic with strong likes and dislikes. The result is that the
system is in a constant state of flux parties or bold. Flourish and frequently either merge with
others or simply cease to exist.

Deep class, religious and regional antagonism. Prolonged and bitter antagonism between the
church and the state has exercised tremendous influence on the party system. The confrontation
between a highly class-conscious proletariat and very conservative bourgeoisie occasionally
erupts in a major political upheaval.

Elitist and top heavy. The French parties are elitist cadre groups top heavy in leaders. For the
most part, they do not possess a mass membership base.

Federation. Occasional individual parties banned together into federations, such as the former
Federation of the Left, combining the Socialist and Radical parties, or the Union or Democrats
for the Fifth Republic, which included Gaullists of various persuasions. These groups cooperate
in numerous ways such as signing of electoral agreements to support certain candidates or
cooperating on the parliamentary level in the National Assembly.

Important parties
The important parties are Communist Party, Unified Socialists, the French Socialist, Radical
Socialist, the Democratic Centre, the Union of Democrats for the Fifth Republic, the Independent
Radicals and the Independents.

The Communist Party. The Communist Party is the best organized party in France. It came into
existence in 1920. Communist parties all over the world followed in all the matters the policies
laid down by the Communist International and the Communist Party of the Soviet Union.
It. Did an important role during the Second World War in the resistance movement against
Germans.
The primary unit of the party is the cell. It consists of three to 30 members. It elects a secretary
or a Bureau or an executive committee. There is a section composed of delegates from the cells.
The highest body of the party is the National Congress which consists of departmental
conferences. The Congress elects a central committee, which in turn chooses the political Bureau
and the secretariat. It is essentially a working-class party. It advocates abolition of capitalism and
establishment of socialism by democratic methods. It has renounced violence as a means of
social transformation. It no more believes in the dictatorship of proletarian.
The Socialist Party. The official name of the party is the French Section of the Second
International. Although it stands for socialism, it is not a working-class party. It has failed to win
the loyalty and support of the class-conscious working masses of France. The Socialists are
defenders of democratic republican institutions. In foreign policy they support the line of West
European democratic countries. They are opposed to the foreign policy of the Soviet Union.
They are not the holistic to the NATO.

The Socialist Unified Party. The Unified Socialist Party is a splinter group that separated from
the Socialist in 1958. It stands for socialism and democracy. It also favors a regrouping of all the
leftist parties. Its influence is limited. It is almost disintegrating.

The Gaullist. Charles de Gaulle's group was originally known as the value of the French people.
Its object was to replace the constitution of the Fourth Republic by a new one. The long-drawn
war in Algeria created a critical situation. Civilian, extremist and the French army in Algeria
began to challenge the authority of the Fourth Republic. The crisis came to a head in 1958. At
this juncture, General de Gaulle appeared on the scene. He became first the Prime Minister under
the Fourth Republic and then the 1st President of the Fifth Republic in the elections of 1958
under the new constitution, the Gaullists emerged as the largest parliamentary group. Since then,
they have been playing an important role in French politics.

Conclusion: French political parties form the cornerstone of the country's democratic process,
representing diverse ideological viewpoints and providing avenues for political participation and
representation.
These parties play a crucial role in shaping public discourse, formulating policies, and competing
for power through elections.
The dynamic interplay between French political parties reflects the complex landscape of French
society and underscores the vibrancy of its democratic system.

Unit-3

Swiss constitution

1. Direct democracy
2. Judicial system
3. Federal assembly
4. Federal council
Direct democracy

Synopsis
Introduction
Referendum
Initiative
Merits
Demerits
Conclusion

Introduction
The most salient feature of the Swiss constitution is what is known as the institution of direct
democracy. The instruments of direct democracy are referendum and initiative. The referendum
consists of submission to the people for approval or rejection of a law passed by the legislature.
The initiative was the right of the people to initiate or propose a piece of legislation.

Referendum
Referendum is compulsory when a legislative measure passed by the legislature must be
submitted for the approval of the electorate. It is optional when a law passed by the legislature
needs to be submitted to the people only on petition from a prescribed number of the qualified
voters. Referendum is of two types, obligatory and optional.
Referendum at the centre.
Compulsory referendum. In the Federation, the referendum is the compulsory in respect of the
constitutional changes. If both houses of the federal parliament agree on a constitutional
amendment, it must be submitted to the voters and become law if approved not only by a variety
of the qualified voters, but also by a majority of cantons.
Optional referendum. In the Federation, the referendum is optional in respect of ordinary laws.
Article 89 of the Constitution states that if 50,000 citizens or 8 cantons makes a demand, federal
laws of general effect and federal decree shall be submitted for the approval of the people.
Similarly in international treaties will be concluded for an indefinite, or more than 15 years are
submitted for the approval or rejection by the people.
Referendum in the Canton. In the Canton, the compulsory form of referendum is a new use for
amendments to the Constitution and in several for the adoption of ordinary laws. The optional
form of referendum is in use in almost all cantons for ordinary laws.

Initiative.
The initiative was in use in the Federation for Constitutional Law. If 50,000 voters desire a total
revision of the constitution, the question whether such a revision should be made or not
submitted to the citizens. If a majority of the voters favoured the revision both the Houses of
Federal Parliament are dissolved, and fresh elections are held. The newly elected parliament
proceeds to consider the proposed revision. When approved by both houses, it is submitted to the
citizens for their approval, and becomes law if approved by the majority of voters and by the
majority of cantons.
Procedure for formulated and unformulated initiative.
A proposal for partial revision of the Constitution may be submitted by 50,000 voters by means
of an initiative petition.
If the demand is submitted in the form of a duly drafted bill, complete in all respects, it is called
formulated initiative.
If the demand is couched in general terms, it is called as unformulated initiative.
Scope of initiative.
The initiative is not used in the Federation for ordinary laws. The initiative is in use in all
cantons except one, for constitutional laws and in all except for a few for ordinary legislation.
The procedure in the cantons is almost the same as in the Federation.

Merits of direct democracy.

More effective popular sovereignty. Democracy is based on the principle of popular
sovereignty and direct democracy as embodied in the institution of the referendum and initiative
upholds the principle of popular sovereignty more effectively than the institutions of
representative democracy. People know their own interests better than their representatives.
Therefore, laws made by them are likely to serve their interests more effectively than those made
by the legislature.

Minimum evils of the party system. The referendum and initiative minimize the evils of the
party system. In many countries, the party system has been responsible for the failure of
democracy. Parties and their leaders often act from partition motives, ignore national interests
and the wishes of the people, misguide and confuse the masses by their partition propaganda, and
even corrupt them by means of patronage they command. Direct democracy reduces these evils
to the minimum. Ultimately, it is the people who decide whether they need a particular
legislative measure or not.

Safeguards the interest of the people. Direct democracy safeguards the interests of the people
against the vagaries, high handedness, arrogance and incompetence of the legislature. In every
democracy, the legislature is dominated by the majority party, which does not reflect the public
opinion correctly. The dominating party only often represents the minority opinion of the public.
Direct democracy eliminates the chance of a law being passed which is not approved by a
majority of the citizens.

Inculcates responsibility and patriotism. Direct democracy inculcates in the people a sense of
responsibility and strengthens their sentiment of patriotism. Knowing that they themselves are
the architects of their fate, they behave responsibly. Besides, it gives them valuable political
education and familiarizes them with intricacies of legislation.

Damper to radical politics. Direct democracy acts as a damper to radical politics, minimizes the
possibility to political upheavals and discourages unbridled demagogy. People know that they
can get a law if and when they want it. They also know that the legislature cannot impose a law
on them which they do not like. In a situation like this, political leaders hardly get the chance to
fan the passion of the masses.

Demerits of direct democracy.

Less importance of legislature. It is said that the referendum and initiative undermined the
power and prestige of the legislature. It is obvious that when the people themselves legislate, the
legislature is bound to lose its importance.

Legislation requires experts. Another argument against direct democracy is that in the modern
society, legislation requires expert and technical knowledge which the masses are not supposed
to possess. Naturally, the law initiated by the people are bound to be slipshod, ambiguous and
incoherent.

Unnecessary delay by referendum. It is argued that the referendum involves unnecessary delay
often measures of urgent importance are delayed which often leads to harmful consequences.

Slow social transformation. It is said that people being conservative by temperament, laws
aimed at eradicating deep rooted social levels have no chance of being enacted. Direct
democracy thus slows down the tempo of social transformation.

Conclusion: Referendum and initiative are the instruments of direct democracy. The referendum
consists of submission to the people for approval or rejection or a law passed by the legislature.
Referendum is compulsory in matters of constitutional changes. Whereas optional in matters of
ordinary laws. On the other hand, initiative is the right of the people to initiate or propose a piece
of legislation.

Judicial system
Synopsis
Introduction
Composition
Jurisdiction
Comparison with US Supreme court
Conclusion
Introduction
o The Swiss federal court is known as the Federal Tribunal.
o It is the youngest of the three organs of the Swiss Federal Government since it was
created by the Constitution of 1874.
o The Constitution of 1848 provided for a court for the administration of justice in the
Federal sphere, but it was not vested with the power of resolving conflicts between the
Confederation and the Cantons or among the Cantons themselves.
o The subsequent constitutional amendments further increased its powers.
o The Court, as at present constituted, was first assembled in 1875.
o It was established at Lausanne.

Composition
The Constitution clearly states that the organization of the Federal Tribunal, the number of its
members and deputy members, their term of office and pay will be fixed up by law of the
Federal Assembly. The law fixed the number of judges between 26 and 28 and the number of
alternates or substitutes between 11 and 13. At present, however, the number of full-time federal
judges is 38 and the number of deputy judges is 19.
The term for which the judges of the Tribunal are elected is six years. However, the judges may
be and often are re-elected. In practice, judges resign at the age of seventy.

The Constitution does not prescribe any judicial qualifications for the judges. It only says that
any Swiss citizen who is eligible for contesting election for the National Council is allowed to
contest for a seat in the Federal Tribunal. The Constitution, however, imposes two restrictions
firstly, the members of the Federal Assembly and the Federal Council and the officials appointed
by these authorities may not at the same time be members of the Federal Court; and secondly,
members of the Federal Court may not hold another office, be it in the service of the federation
or in the Cantons, nor any other profession or industry.
According to the Constitution, the Federal Assembly, while electing judges and deputy judges
must see that all the three official languages are represented in it.
The Federal Tribunal is the only national court in the country. There are no inferior Federal
Courts. The Federal Council itself executes the decisions of the Tribunal.

Working of the Tribunal: The Tribunal is divided into three divisions, each consisting of at
least eight judges for trying cases pertaining to civil laws and public laws. Criminal cases dealing
treason are decided by the Tribunal with the assistance of a jury which consists of twelve
members. Records of the court are maintained in three languages.

Jurisdiction
Civil jurisdiction: It covers the following:
 ❑ All civil suits between the Confederation and the Cantons are between the cantons
themselves.
❑ All suits between the confederation and corporations or private individuals, if these
corporations and individuals are plaintiff and the dispute is so important that it requires
adjudication under federal legislation.
❑ The dispute between a Canton and an individual or a corporation, if either party demands
it and the dispute is so important as to be determined by federal legislation.
❑ Disputes concerning loss of nationality and dispute between communes of different
cantons concerning the question of citizenship.
❑ Other disputes, if the parties concerned refer them to it, and the matter is so important as
shall be determined by the federal legislation.

Criminal jurisdiction. The. Supreme court has criminal jurisdiction in the following:
▪ Cases of high treason against the confederation, revolt and violence against federal
authorities.
▪ Crimes and offences against international law.
▪ Political crimes and offences which are the cause or consequence of disturbance leading
to armed federal intervention.
▪ Crimes committed by officials appointed by a federal authority when brought before the
Supreme Court by that authority.

Limited constitutional jurisdiction. The. Supreme Court has limited constitutional jurisdiction
in the given ahead matters:
♦ Conflicts of competence between the Federal authority on the one hand and authorities of
the cantons on the other.
♦ Dispute between cantons involving public law.
♦ Disputes concerning violation of the rights of the citizens under federal or cantonal
constitution by cantonal statutes.

Administrative jurisdiction: The supreme court has administrative jurisdiction as follows:

 It possesses limited jurisdiction in this field as well. Earlier, these cases used to be taken
up by the Federal Council.
 Since 1925, these powers have been transferred to the Federal Tribunal.
 In this capacity, it decides disputes relating to the legal competence of public officials
and also hears railway suits and administrative disputes in matters of taxation.

Article 191 Access to the Federal Court.

• The law provides for access to the federal court.
• Regarding disputes that do not concern judicial questions of fundamental importance, the
law may specify as a threshold value.
 • For specific areas of law, the law may exclude access to the federal court.
• Regarding claims that obviously lack in merit, the law may specify simplified
proceedings.

Comparison with US Supreme court

➢ The Swiss Federal. Supreme Court has no power of judicial review.
➢ It cannot declare federal laws unconstitutional.
➢ Article 113 of the Constitution states that the federal supreme court administer the laws
passed by the Federal Assembly and such decrease of that Parliament as are of general
application as well as international treaties approved by the Parliament.
➢ In this respect, the Swiss Federal supreme court is less powerful than the US Supreme
court which has the power to declare laws passed by the Congress and the state
legislature as unconstitutional.

Conclusion:
The Swiss federal court is known as the Federal Tribunal. It was created by the Constitution of
1874.
The Federal Tribunal is vested with both original and appellate jurisdiction. Its original
jurisdiction extends to civil, criminal, administrative and constitutional cases.
The Federal Tribunal has no power of interpreting the Constitution and declaring a federal law
invalid.
It cannot question the validity of laws passed by the Federal Assembly.
It can, however, inquire into the constitutionality of Cantonal laws and actions of Cantonal
executives and sometimes Federal executives.

Federal council
Synopsis
Introduction
Composition
Powers
Conclusion

Introduction
The federal executive of Switzerland is a plural body known as the Federal Council.
The Federal Council was instituted by the 1848 federal Constitution.
Swiss federal executive or federal council is regarded as the unique among the constitutional
systems of the world.
It is not a carbon copy of parliamentary form or the replica of the presidential form of the
government.
It has many peculiarities due to which it has assumed a character on its own.
Composition
Federal government: The. The purpose of the Swiss Confederation are vested in the Federal
Government consisting of seven members elected for four years by the 2 chambers of the Federal
Parliament in a joint session.
It is not necessary according to the constitution of the member of the government should be
chosen from the federal parliament.
Article 175 of the Constitution states that any Swiss citizen who's entitled to vote is eligible for
the federal government.
It provides that not more than one member of the government can be chosen from the same
Canton.
During his term of office, a member cannot follow any other profession or business, nor hold any
other office, be it in the service of the Confederation or in a Canton.

The President and Vice President.

The President of the Confederation is the president of the federal government. He is one of the
seven members. The government has also a Vice President. The federal parliament nominates the
President and the Vice President for a term of one year.
It is provided in the Constitution that the president and vice president should not be elected for
the ensuring year.
By custom, the Vice president one year has always elected president in the sub. Frequent Earth.
Thus, the two officers rotate among the members of the government.
The president of the government has no more power than the other members nor is he more
responsible than they are for the conduct of the government.
In the words of L.Lowell, “The chairman of the Executive Committee of the Nation, and as such
he tries to keep himself informed of what his colleagues are doing and performs the ceremonial
duties of the titular head of the State.”
Powers
Executive function.
The federal government ensures observance of the Constitution and the laws and decrease of the
Confederation.
It looks after the internal security of the confederation and maintains peace and order in the
country.
The government administers the finance of the federation, prepares the budget and submits
accounts of receipts and expenditure.
It supervises the work and conduct of the federal employees.
The federal government manages the foreign affairs of the country.
It ensures the observance of the treaties concluded by the federal authority with foreign countries
and ensures external safety of Switzerland and the maintenance offers independence and
neutrality.
Legislative power.
The legislative power of the federal government is very extensive.
The members of the government have a right to speak in either House of the federal Parliament,
but they have no right to vote.
It prepares drafts of legislative measures and ordinance and submits them to the parliament for
its consideration.
It gives advice to the Houses of Parliament and to the cantons on the measure they refer to it.
The federal government submits an account of its work to the Federal Parliament in each
ordinary session, presents a report on the internal and external position of the Confederation and
recommends for its consideration the measure it deems proper for the general welfare of the
country.

Judicial power.
The federal government also performed some duties of judicial nature.
They relate mostly to cases arising out of administrative law.
It hears appeals of private citizens against the decisions of various administrative departments.
It has appellate jurisdiction against the decision of the canton government in certain matters.

Conclusion:
The executive power of the Swiss confederation is vested in a plural executive consisting of
seven members known as Federal Council.
According to Article 177 of Swiss constitution, the Federal Council is a collegial body, in which
every member enjoys equal power and status.
The Swiss Federal Council is not a separate branch of government with an independent policy of
its own.
Thus, Switzerland provides to the world a unique type of executive which is neither
parliamentary nor presidential.
The Federal council is known for its stability.
The non-partisan character of the Council helps in its stability.
The executive or the federal council is very stable in Switzerland.

Federal assembly
Synopsis
Introduction
Swiss legislature, like the Swiss executive, is unique.
The Federal Assembly is bi-cameral.
The two chambers of the Federal Assembly are: Council of States and National Council.
It is the only legislature in the world the function of whose upper house are in nowhere
differentiated from those of the law.
The Federal Assembly can be legally dissolved only after the adoption of a popular initiative
calling for a complete revision of the Constitution.

Composition
Upper chamber (Council of States):
The upper chamber is called the Senate. It represents the Cantones, the Federating Units of the
Confederation. The Senate consists of 46 members, two from each full Canton and one from
each half Canton.
The cantons determined the method of choice and term of office of the members. There is,
accordingly, no uniform method of the election nor as the term of office, the same for all
members. The Government elects Chairman and Vice Chairman from amongst its own members
for every ordinary and extraordinary sessions. The chairman cast his vote in case of a tie but
votes like other members in the election in which the members of the government have a right to
participate.
Sessions:
The Council of States must meet once a year in ordinary session on a day. However, the Swiss
Constitution has also made a provision for calling of special session either by Federal Council, or
on the request of one-quarter of the members of the National Council or of five Cantons.
The Chairperson presides over the meetings of the House and is responsible for the
determination of the day-to-day business of the house.

Lower chamber (National Council):

The lower chamber is known as the House of Representatives. We represent the people. The
House of Representative consist of 200 members. Its composition and organization are regulated
by the Constitution of the Confederation.
Its members are directly elected by proportional representation.
Every Swiss citizen who has completed 18 years of his age and who has not been deprived of the
rights of active citizenship by the legislation of the candle in which he resides, has a right to vote
and is qualified to be a member of the House of Representatives. Member of the Senate, member
of the Government and employees of the Confederation cannot be member of this Government.
The House of Representatives is elected for a period of four years. It cannot be dissolved earlier.
It elects its chairman and vice chairman from among its members for every ordinary and
extraordinary session. The Chairperson is elected for one year.

Sessions:
The National Council meets in regular sessions at the beginning of December. The Council
generally has four sittings. In case of an emergency, the Federal Council may summon an
extraordinary session. The sessions of the Council are usually very short, lasting only about three
weeks. The National Council cannot displace the Federal Councilors because the latter are not
the members of the legislature.
Joint sessions:
Both chambers of the Parliament sit separately to transact their business, but they hold a joint
sitting for three definite purposes:
 To elect members of the Federal government, President and Vice President of the
Confederation, The Federal Supreme court, the Chancellor of the Confederation and the
Commander in Chief of the Army.
 To exercise the federal power of pardon.
 To resolve conflicts of jurisdiction between various federal authorities. When the two
houses meet together, the Chairman of the House of Representatives presides, and
decisions are made by majority of all the members present.

Powers
→ To pass laws on all matters which the Constitution assigns to federal authorities.
→ To pass laws determining the organization mode of election of federal authorities.
→ To elect the federal government, the federal supreme court, the Chancellor and the
Commander in chief of the Federal Army.
→ To approve treaties with foreign powers to declare war and conclude peace.
→ To adopt measures for the maintenance of external security, independence and utility of
the Confederation.
→ To adopt measures for the guarantee of the territory and constitution of the Canton.
→ To control the Federal Army.
→ To enact the annual budget and approve state accounts and decree authorizing loans.
→ To provide the federal administration in general and the federal Supreme Court.
→ To hear appeals against the decision of the federal government and in administrative
disputes.
→ To decide conflicts of jurisdiction between the federal authorities.
→ Revision or amendment of the Constitution of the Confederation.

Conclusion:
The Federal Legislature of Switzerland is known as Federal Assembly. The Federal Assembly is
bi-cameral in nature. The two chambers of the Federal Council are: Council of States and
National Council.
The Federal Assembly exercise enormous powers, such as legislative, judicial, executive,
financial and constitutional amendment powers.
Unit-2
USA constitution

1. Features of USA Constitution

2. House of representatives
3. Senate
4. President
5. Supreme court of USA

Features of USA Constitution

Synopsis
Introduction
Features
Conclusion

Introduction
The history of the U.S.A. is only four hundred years old. It is in this Constitution that the famous
principle of Separation of Powers founded by Montesquieu was for the first time accepted and
strictly adhered to. The American Constitution is the oldest among the written constitutions of
the world. It was again the first modern government to adopt the federal form of government.
Presently the United States has been able to achieve the status of a superpower because of her
continuous and stable developmental process which began in the year 1776. Today it is a country
of fifty (50) States.

Features
Since 1789, the US Constitution has been successfully guiding the destiny of the American
nation. It is a Constitution based upon the ideology of liberalism, democracy, capitalism, limited
government, federalism and separation of powers. It gives full guarantee to the rights and
freedoms of the people. The main features of the US Constitution are:
1. Written Constitution: The American Constitution is one of the oldest written
constitutions of the world. It is in the form of a document. It is a self-made constitution of
the people of USA. From the day of its inauguration on May 25, 1787, till the final
passing of the Constitution on September15th, 1787 the constitution framers worked day
and night to give a written, acceptable, desired and popular constitution. Before the
Constitution was inaugurated, it was submitted for ratification, after which the
 Constitution became operational on March 4th, 1789. As such, the US Constitution is a
written constitution, duly adopted and enacted by the people of the USA.
2. Brief Constitution: It is a brief document of 15 pages containing only 4000 words. If we
add the amendments, the total number of words becomes 6000. The Constitution consists
of just 7 Articles and only 27 amendments. When we compare it with the Constitution of
India, Constitution of Japan, Constitution of Switzerland, and other major Constitutions
of the world, we find the American Constitution a very brief constitution. The makers of
the Constitution made it brief to avoid any controversies which may unnecessarily lead to
further problems. Since the Constitution is brief it has helped it to mould itself according
to the changes of time.
3. Rigid Constitution: It means that the process to amend the Constitution is very difficult.
There are two stages in the amendment process. With the help of several other means like
conventions, judicial decisions, Presidential interpretations, it has been continuously
evolving. The rigidity of the Constitution is evident from the fact that only 27
amendments have been made so far in the Constitution.
4. A Large number of Conventions: Like the British Constitution conventions also play a
very significant role in the American Constitution. Since the Constitution is a brief and a
rigid Constitution it has been responsible for creating situations which have given rise to
many conventions. The institution of Presidential Cabinet, the office of the Speaker of the
House of Commons, Senatorial Courtesy, direct election of the President etc., have all
originated and continued to function through conventions. Conventions have also played
a crucial role in the evolution of the Constitution.
5. Federal Character: The American constitution is federal in character. There are 50
states in America each with its own government, and then there is the central government
for the whole country. The US Constitution has all the features which are essential for a
federation: division of powers, supremacy of the constitution, independent judiciary,
bicameral legislature, and dual citizenship. Both the federal government and state
governments exercise authority within their respective spheres as demarcated for them by
the Constitution.
6. The Preamble affirms faith in Popular Sovereignty: The Preamble clearly mentions
that people are the real and ultimate source of all power. It is through free, fair, secret and
regular elections that the people exercise their sovereign power and choose their
representatives. The representatives exercise authority on behalf of the people and that
too for a fixed term.
7. Supremacy of the Constitution: In the US, the Constitution is supreme. No other law is
above the Constitution. No law can violate the Constitution of USA. The government of
United States derives all its powers from the Constitution. Government cannot carry out
any work by violating the provisions of the Constitution. The Supreme Court protects the
supremacy of the Constitution by exercising the power to reject any law or policy, which
 is against the spirit of the Constitution. No State constitution can contain any provision
against the US Constitution.
8. Separation of Powers: The US Constitution is based on the principle of separation of
powers which means that the three organs of government, the executive, legislature and
judiciary 66 carryout their functions independently without interfering in the area and
working of the other organs. The Constitution framers were greatly impressed by the
ideas of Montesquieu and therefore accepted the concept of Separation of Powers. The
Constitution provides a clear cut separation of powers, where the law making power lies
in the hands of the legislature; executive power with the President and judicial power in
the hands of the Supreme Court and other inferior courts.
9. Bill of Rights: It means that the American constitution guarantees fundamental rights to
its citizens. The Government has been denied the power to limit or take away the rights
and freedoms of the people as granted by the Bill of Rights. The Supreme Court acts as
the protector of the rights of the American people. At the time of its making, the US
Constitution did not contain a formal Bill of Rights for which the Constitution was
criticized by some states. To remove such criticisms ten amendments were made in the
Constitution after which a Bill of Rights was incorporated in it.
10. Democratic Republic: The Constitution provides for a democratic republic. Ultimate
power lies in the hands of the people. It is a democracy because the government is elected
by the people and is responsible to them. People enjoy fundamental rights and freedoms.
It is a republic because the Head of the State is an elected head of the State who remains
in office for a fixed term. The US Constitution makes it compulsory for the states of the
federation to adopt democratic republicanism.
11. Presidential form of Government: In the United States Presidential form of
Government has been at work. The constitution-framers decided to have a government
which was strong and yet limited. It means that the President is the head of the state as
well as the government. President neither is responsible to the legislature nor is the
legislature responsible to the President. The President remains in office for a fixed term.
At the same time President cannot dissolve the legislature before the expiry of its full
term.
12. Bicameral Legislature: Legislature of United States is known as the Congress,
comprising of two houses. The upper House is known as the Senate and the lower House
is known as the House of Representatives. The lower House is a directly elected chamber
constituting of 435 members. It has a fixed but a short tenure of only two years. The
upper House consists of 100 members. Two Senators are elected by each of the 50 states.
The Senate is a quasi-permanent House and 1/3rd of its members retire after every two
years. A Senator’s tenure is of six years. In case of ordinary law making and amendment
of the constitution both the houses enjoy equal powers.
13. Independent Judiciary: The courts in the USA, whether federal or state courts, are
independent of the control of the legislature and the executive. Supreme Court is the
 highest court of appeal in the USA. The judges of the Supreme Court are appointed by
the President with the approval of the Senate. The judges hold office for a very long term,
and can be removed from office only through a difficult process of impeachment. Judges
are men of high qualifications and they get good salaries and other service benefits.
14. Judicial Review Power of the Supreme Court: This is a very significant feature of the
U.S Constitution. It is the power of the Supreme Court to reexamine the laws made by the
legislature, and the policies made by the President. If it finds any law or any policy
unconstitutional it can reject such laws and policies. This power of the judiciary has
enhanced the position of the American judiciary. It has the power to finally determine the
meaning and scope of the Constitutional provisions.
15. Dual Citizenship: Each American enjoys the common citizenship of the United States of
America as well as the citizenship of that state of the federation to which he/she belongs.
For example, a resident of the state of Florida is a citizen of Florida and a citizen of
United States of America at the same time. This feature enables each state to maintain its
individuality.
16. Bi-party System: The US political system has naturally provided an opportunity for the
rise and development of several political parties, out of which two parties have become
dominant and major political parties. They are the Republican and the Democratic. These
two parties are directly and continuously involved in the struggle for power in the US
political system. They have made it possible for the Americans to work their democratic
system in a successful and efficient way.

Conclusion: The features of the United States Constitution stand as pillars of democratic
governance and societal organization, showcasing a delicate balance of power, rights, and
responsibilities. Its division of powers between the federal government and the states ensures
both centralized authority and localized decision-making. The system of checks and balances
prevents any one branch from becoming too powerful, fostering accountability and preventing
tyranny. Additionally, the Bill of Rights guarantees fundamental freedoms and protections for all
citizens, cementing the principles of liberty and justice at the core of the nation's identity.

President
Synopsis
Introduction
Election procedure
Eligibility criteria
Powers and Functions
Conclusion

Introduction
The United States of America has a Presidential form of government where the executive is
independent from the legislature. The American presidential form of government also has the
office of the Vice President. The President of USA is the head of the state as well as government.
He/she has enormous power under the Constitution of that country.
The framers of the American Constitution felt that a direct election of the President may cause
disorder and confusion. They wanted a President to be elected in an orderly and a dignified
manner. Hence in the Philadelphia Convention it was decided that the President should be
elected by a Presidential Electoral College, the members of which will be elected by the people.

Election procedure
Nomination of Candidates: At first the political parties nominate their respective candidates for
the office of the President. Each political party holds a National Convention for choosing its
Presidential nominee. These conventions are held sometime in the months of June-July of the
year of election.

Election Campaign: Election Campaign starts after the National Conventions end. It is an
important factor in the process of Presidential election. During the campaign process, the country
witnesses one of the most colourful and exhaustive political scenario. The mass media is most
actively involved during this period.

Composition and Election of the Electoral College: The Presidential Electoral College
comprises as many as the total number of the members of both houses of the American
legislature, (435 members of the House of Representatives + 100 members of the Senate =
535members). After the 23rd Amendment, three more seats have been given to the District of
Colombia, and, as such, the membership has increased to 538 (535 + 3 = 538).
The American political system moves according to calendar pattern. The members of the
Electoral College are elected by the voters on Tuesday after the first Monday in the month of
November of every leap year. These electors meet in the capital of each State on the first
Monday after the second Wednesday in December and cast their votes for electing the President.
On the day of voting, the people of the country do not vote directly for a particular candidate but
for a slate of electors pledging to vote for a specific Presidential and Vice-Presidential candidate.
The Presidential Electoral College is a special body formed after every four years for electing the
President. It gets dissolved after performing this function. Separate ballot papers are provided for
casting votes separately by each member of the Electoral College.

Counting of Votes and Declaration of the Result: The ballots are sealed and sent to the
Chairman of the Senate, where counting is done and the results announced. The Presidential
candidate securing a clear majority of votes (270 votes out of 538), gets elected as the President.
Oath of Office: The elected President is administered the oath of office on the 20th of January
by the Chief Justice of the Supreme Court. The House of Representatives has to elect one of the
first three candidates getting the highest number of electoral votes. Voting by the House is done
state wise with representatives of each state acting as a bloc and exercising one vote. By
following this practice whosoever gets the maximum number of votes is elected as the President.

Eligibility criteria
Qualifications: A person in order to become the President of America has to have certain
qualifications—
(a) The candidate must be a natural born American citizen.
(b) The candidate must be at least thirty-five years of age.
(c) He/she must have lived in the United States for not less than 14years.
It is important for us to remember one thing that a naturalized citizen cannot contest for the post
of President.

Tenure: The President of the United States is elected for a term of four years by an electoral
college. The Constitution framers took this decision because they felt that the term should be
neither too long nor too short. George Washington, the first President was elected twice but he
refused to contest election for the third time. Since then, a convention has been developed which
stops the re-election of a President for more than two consecutive terms. In case a President dies
before the completion of his term, the Vice-President succeeds the President.

Removal of the American President: The President can be removed from office before the
expiry of the normal term through the process of impeachment. He/she can be impeached if
found guilty of treason, bribery or high crime. The impeachment process is initiated by the
House of Representatives. For this, the House has to pass the impeachment resolution
mentioning the charges by a majority of votes. The resolution thus passed then goes to the
Senate. The Senate then sits as the court of investigation. Such a meeting of the Senate is
presided over by the Chief Justice of the US Supreme Court. The Senate investigates the charges,
and the President is given full opportunity to clarify his position and defend himself/herself. If
however, the Senate, after full deliberations, also passes the impeachment resolution by a 2/ 3rd
majority, the President stands impeached. The impeachment method is a difficult method.

Powers of the president

Executive Powers:
o The President is the head of national administration. It is his/her duty to see that the
Constitution, laws and the treaties of the United States and the judicial decisions given by
the federal courts are properly implemented throughout the country.
o The President being the Supreme Commander of the armed forces of the United States is
responsible for the defense of the country. He/ she appoints military officers with the
 advice of the Senate and can remove them at will. Although the power to declare war lies
in the hands of the Congress yet the President can make war unavoidable and necessary
by his/her conduct in administration. Every action of the armed forces on land and sea is
carried out according to the orders of the President.
o President appoints, with the advice and consent of a simple majority of the Senators
present, Ambassadors, Ministers, Federal Judges and other officers of the United States
whose appointments are not otherwise provided for in the Constitution.
o The President has the power to make treaties with sovereign states. However, all such
treaties have to be approved by a 2/3rd majority of the members present and voting in the
Senate.
Legislative function:

o The President can send messages proposing some legislative measures which is generally
not ignored by the Congress, as it comes from the highest authority of the State. The
President also reports to the Congress on the state of union and on problems which he/she
believes require immediate action on the part of the Congress.
o The Constitution mentions that every bill passed by the Congress requires the consent of
the President to become a law. The President has to sign within ten days of submission
failing which the bill becomes a law even without the President’s signature.
o It can be stated that the President has the power to issue executive orders in order to meet
the needs of administration arising out of unforeseen circumstances. Moreover, it is the
responsibility of the President to implement the laws made by the legislature. This power
has been extensively used by the US President.
o The Budget and Accounting Act of 1921 gives him or her power over the preparation of
the national budget which he/she submits to Congress with his or her annual budget
message.
Functions as the Leader of the Nation: The President is regarded as the symbol of the nation.
He/she acts as the single most powerful leader of the American nation upon whom people
depend for peace, security and developmental needs. The President guides the people in times of
war as well as peace.

Judicial powers: Like all other chief executive heads, the President of the United States has the
power to grant mercy or pardon to all offenders proved guilty of violating the federal laws. The
President appoints the Chief Justice of the Supreme Court and thereby enjoys some judicial
powers.

Powers as Head of the State: The U.S. President is not only the head of the government, but
also the head of the state and performs like the Indian President the ceremonial functions. The
functions of the head of the state and government are combined in his or her person. As such, we
can say that the office of the US President is of great dignity and prestige.
Functions of the President as the Leader of his/her party: The President also acts as the
leader of his/her party. His/her control over the party is a source of strength. The President plays
a key role in carrying out the work of his or her party. He/ she nominates even the chairperson of
his/her party and helps the party to select a new candidate, in case he/she own has either
completed his/her two terms as President or is not interested in running for a second time for the
office of the President.

Conclusion: In conclusion, the presidency of the United States is an immensely significant role
that requires a combination of leadership, diplomacy, and vision. The individual who holds this
office shoulders the responsibility of representing the nation's diverse population and guiding its
policies on both domestic and international fronts. As the leader of one of the world's most
powerful nations, the President's decisions impact not only Americans but also reverberate
globally. Thus, it is crucial for voters to carefully evaluate candidates, considering their policies,
character, and ability to navigate complex issues, to ensure that the United States continues to
progress and thrive on the world stage.

House of representatives
Synopsis
Introduction
Eligibility criteria
Powers
Conclusion

Introduction
The American Legislature as we all know is called the Congress. It is a bicameral legislature
comprising two chambers. The Lower House is known as the House of Representatives. This
House represents the people of the United States.

Eligibility criteria
Composition: The total strength of the House of Representatives is 435. All the members of this
House are directly elected by the people.
Qualifications for Membership: Any person with the following qualifications is eligible for
membership of the House of Representatives—
i. He or she should be a citizen of the USA.
ii. He or she must be at least of 25 years of age.
iii. Must be a resident of the country for at least seven years.
iv. He/she must be a resident of the district which he wants to represent.
v. He /she should not hold any office of profit. m He/she must not be charged of treason, bribery
etc.
Tenure: The members of the House are elected for a term of two years. They are eligible to get
re-elected and there is no time limit on it. The House has a fixed term of two years. It cannot be
dissolved before the expiry of its full term.
Privileges: The members of the House of Representatives are entitled to certain privileges.
(a) They have the privilege of freedom from arrest during the sessions. But, it is to be
remembered here that it does not protect them from arrest in a civil suit while the House is not in
session.
(b) They have complete freedom of speech or debate in the House, and they cannot be
questioned for it by any court of law.
Sessions: The 20th Amendment of the American Constitution has made it compulsory for the
Congress to hold one session every year. The session begins on 3rd January each year. The two
Houses meet simultaneously and mostly adjourn their sessions on the same day. In case of
disagreement between the two Houses regarding the date of adjournment of the session of the
Congress, the President decides the date.
Chairperson of the House: The Speaker is the Chairperson of the House who is elected by the
House. He/she presides over the meetings of the House and conducts the proceedings of the
House. The Speaker always belongs to the majority party.

Powers
Legislative Powers: In the sphere of law-making, the House of Representatives has legally an
equal share with the Senate. Any bill can be introduced in it. After getting passed from it, the bill
goes to the Senate. In case the Senate also passes it, the bill goes to the President for his or her
signatures. If the President does not sign the bill and ten days elapse, the bill becomes an act. If
any conflict arises between the two Houses and it remains unresolved, a Conference Committee
comprising equal members from each house is appointed which gives the final verdict of the bill.
Financial Powers: Money bills can originate only in the House of Representatives. The budget,
too, is first introduced in the House. The money bills and the budget are first passed in the House
and then sent to the Senate, which has the power to make any change in them. As such, the
Senate determines the final shape of every money bill. The passing of an amendment bill by the
Congress requires approval by 2/3rd majority in both the Houses. House of Representatives as
such has equal role in initiating amendments to the Constitution.
Executive Powers: The House of Representatives has a few and minor executive functions. It
can appoint investigating committees for investigating the work of various government
departments. The House along with the Senate has the power to declare war. Besides this, the
House has not been entrusted with any other executive powers.
Admission of New States: The Constitution empowers the Congress to admit new States to the
Union. The House of Representatives shares with the Senate equal power to admit new States to
the Union.
Judicial Powers: The House of Representatives along with the Senate, has the power to create
new Federal courts and decide their jurisdictions. It shares with the Senate the power to impeach
the President, Vice-President, the Judges of the Supreme Court and other high officials. The
House of Representatives begins the impeachment process. However, it is the Senate which sits
as the Court of Impeachment and gives the verdict.
Electoral Functions: If in a Presidential election no candidate secures absolute majority, the
responsibility to elect the President falls on the shoulders of the House of Representatives. It
elects one out of the first three candidates securing the highest votes in the Presidential Electoral
College as the President of the United States.

Conclusion: House of Representatives stands as a pivotal institution within the framework

of American democracy. With its members elected directly by the people every two years, it
embodies the principle of representation and serves as a vital channel for diverse voices
and interests across the nation. As one of the two chambers of Congress, its responsibilities
range from crafting legislation to overseeing the budget and conducting inquiries into
matters of national importance. The House plays a crucial role in the checks and balances
system, ensuring that no single branch of government holds unchecked power.

Senate
Synopsis
Introduction
Eligibility criteria
Powers
Conclusion

Introduction
The American Legislature as we all know is called the Congress. It is a bicameral legislature
comprising two chambers. The Upper House is known as the Senate. The upper House which is
more powerful than the lower House.
The Senate is the upper House of the US Congress. In fact, it is regarded as the most powerful
second chamber in the world. The Senate occupies an important position in the constitutional
system of America.

Eligibility criteria
Composition of the Senate: The Senate represents the States of the US Federation. Each state,
irrespective of its size and population, sends two members to the Senate and this provision is not
amendable. This chamber gives equal status to all the States of the US Federation. There are 50
States in the US federation. Each State sends two representatives to the Senate. Thus, the Senate
is composed of 100 members (2 x 50 =100).
Qualifications for Membership: Any American can become a member of the Senate, in case he
has the following qualifications—
i. He/she is a citizen of the USA.
ii. He / she is not less than thirty-five years of age.
iii. He/she is an inhabitant of the State which he/she wants to represent.
iv. He/she is a resident of the United States for at least nine years, but not essentially
consecutive.
v. He/she satisfies the rules of membership which the Senate prescribes.
Method of Election: At the initial stages the Constitution provided for an indirect election of the
Senators. But this system was found to be undemocratic and harmful, because it led to the
election of undesirable persons as Senators. Accordingly, in 1913, the Seventeenth Amendment
was adopted providing for the direct election of the Senators by the people of the United States.
This change has made the Senate a popular directly elected House and has given a new strength
and status to the Upper House.
Tenure: The term of a Senator is six years, and the Senators are eligible for re-election. It is a
continuous body with one-third of its members retiring every two years. Since the Senators enjoy
a long tenure of six years and there is the provision for re-election, they acquire experience and a
certain measure of leadership.
Sessions: The sessions of the Senate are held simultaneously with those of the House of
Representatives. The regular annual session of the Senate begins on 3rd January each year and
runs till the end of July. The date of adjournment is decided by the Congress. But, in case there is
disagreement between the two Houses regarding the date of adjournment then it is the President
who decides the date of adjournment. However, it is important to remember that till date no
President has ever got an opportunity to exercise this power.
Privileges: The privileges enjoyed by the Senators are—
i. No Senator can be arrested in a civil case during the sessions of the Congress.
ii. During the sessions of the Congress, a Senator cannot be compelled to act as a witness in the
courts of law.
iii. The Senate has the power to regulate its own debates and make its own rules and conduct the
business of the House.
iv. Full freedom is enjoyed by the Senators to carry out discussions in the House. No restriction
is imposed upon individual speeches made by the Senators. Therefore there is full freedom of
debate in the Senate.
Presiding Officer of the Senate: The Vice-President of the United States is the presiding officer
of the Senate. He or she is not a member of the Senate and is neither the spokesman of the House
nor its leader. It is the Senate which regulates the debates of the House and not the Vice-
President. The Vice-President has the power to vote only in the case of a tie.

Powers
Role of Senate in Appointment: Making: All appointments made by the President require the
approval or confirmation of the Senate. No appointment is valid unless approved by the Senate.
It is essential to remember that the Senate rarely rejects the appointments of the executive heads
of the departments made by the President. It, however rejects the appointment of a federal
official if, before announcing his or her appointments, the President fails to consult the Senators
of his or her party who represent the state for which the particular appointment is to be made.
This practice is known as Senatorial Courtesy.
Power to Ratify Treaties: All the treaties made by the President becomes operative only when
it is ratified by 2/3rd majority members of the Senate. By exercising this power the Senate
greatly exerts its influence on the foreign relations conducted by the President of the USA. The
President is helpless if the Senate refuses to ratify a treaty. For example, in the year 1999, the
Senate refused to ratify the CTBT (Comprehensive Test Ban Treaty), which had been signed by
the US President. This clearly shows the influence of the Senate in foreign relations and
decisions of the United States.
The Senate alone sits as the Court of Impeachment: When impeachment proceedings take
place, the House of Representatives frames charges and the Senate sits as the court of
impeachment for investigating and finally deciding the case. After investigations and hearings, if
the Senate accepts and passes the impeachment resolution by a 2/3rd majority, the person
concerned stands impeached. A person convicted in an impeachment by the Senate cannot be
granted pardon even by the President.
Election of the Vice-President in a Special Case: If a Vice-presidential candidate fails to
secure absolute majority votes in the electoral college, it becomes the responsibility of the Senate
to elect the Vice-President from amongst the first two candidates.
Legislative Powers: The Senate enjoys equal legislative powers with the House of
Representatives. Any non-money bill can originate in the Senate. After a bill is passed in the
Senate, it goes to the House of Representatives. If it also passes it, the bill goes to the President
for his or her signature and it becomes a law if signed by the President or even if the President
fails to sign and 10 days elapse. However, in case of a conflict between the two Houses, a
Conference Committee consisting of members of both the Houses is constituted to resolve the
deadlock. The decision of the committee finally settles the fate of the bill.
Financial Powers: The Senate plays a very important role in the passing of a Money Bill. Even
though a Money Bill originates in the House of Representatives, yet it is not of much
significance because the Senate has vast amending powers. It may strike out everything except
the title of the bill. Thus, the final shape of the money bill depends upon the wishes of the
Senate.
Investigation Powers: This is another important power of the Senate according to which the
Senate has the power to investigate the working of various executive departments. This power is
fully used by the Senate to exercise control over government departments and federal officials.
The investigating committees of the Senate have always served as powerful instruments of
control over the administration.
Constituent Powers: Regarding the proposals for amendment of the Constitution, it can be
initiated by 2/3rd majorities in both Houses of the Congress. The Senate enjoys equal powers
with the lower House in this regard.
Conclusion: Senate stands as a cornerstone of the legislative branch, wielding significant
influence over the nation's governance. Its role in representing states equally, providing a
platform for debate and deliberation, and serving as a check on the power of the executive
branch underscores its importance in the democratic process. Senate remains a vital institution in
the American political system, emblematic of the principles of democracy and the importance of
collaborative decision-making in a complex society.

Supreme court of USA

Synopsis
Introduction
Structure and organization of the American Supreme Court
Organization and Composition
Jurisdiction
Conclusion

Introduction
American political system which is a well-organized, efficient and independent judiciary. The
framers of the US Constitution, by implementing the principle of separation of powers, have kept
the judiciary separate from the executive and the legislative organs of government. At the apex
of the American judicial structure stands the Supreme Court. It is the creation of the
Constitution.

STRUCTURE AND ORGANISATION OF THE AMERICAN SUPREME COURT

Courts are essential in all organized societies. Their organization and role differ with the form of
government, political theories, social and economic systems, traditions and customs. The
Supreme Court stands at the apex of the American judicial pyramid. The Judiciary Act was
enacted in 1789 and since then, the American Judicial system has well evolved into a well-
organized, powerful and independent system. The Supreme Court of the United States is
specially armed with extensive powers to defend the Constitution.

Organization and Composition of the US Supreme Court.

Article III, Section 1, of the American Constitution specifically mentions that the Supreme
Court is the creation of the Constitution. It is the highest judicial tribunal in the federation. The
Constitution vests all the judicial powers of the federation in this court and other inferior courts
to be established by the Congress. The Supreme Court stands at the apex of the American
judicial pyramid. It is the highest court of appeal in the United States. The Congress exercised its
authority by enacting the Judiciary Act of 1789, which still governs the organization of the US
Supreme Court and other Federal Courts. The Constitution has not fixed the number of judges.
At first, it consisted of a Chief Justice and five Associate Justices. The number has been
changing from time to time, but at present the Supreme Court comprises a Chief Justice and
eight Associate Justices.

Appointment of Judges
The Constitution mentions no qualifications for the judge. The President is free to appoint
anyone provided the Senate confirms the nominations of the President. When 2/3rd majority of
the members of the Senate give their approval, the President makes the appointments.

Tenure:
The Constitution sets no term of office for judges. They hold office during good behaviour and
are removable by impeachment only. A judge may retire, if he or she wishes, when he or she
reaches the age of seventy or at any time thereafter. He or she can retire with full salary and all
the benefits to which he or she is entitled when in office, provided he or she has served the
Bench for ten years.

Method of Removal
The judges are removed only by impeachment. The power of impeachment is in the hands of the
Congress. The House of Representatives frames charges, the Senate investigates and gives the
verdict. In case the verdict is against the Judge, he or she stands impeached.

Quorum for the meetings of the Supreme Court

A quorum of six judges constitutes a sitting of the Supreme Court but almost all the judges sit
together and reach a decision by majority. The Chief Justice is just like other judges and has only
one vote.

Jurisdiction of the Supreme court

Original Jurisdiction: The Supreme Court has original jurisdiction in several types of cases.
(i) Cases affecting diplomats including ambassadors, public ministers and consuls accredited to
the United States.
(ii) Cases in which the United States or a State is a party
(iii) Conflicts between citizens of different states. These cases in reality are very few in number
and a few cases come to the Supreme Court under its original jurisdiction.

Appellate Jurisdiction: The great majority of the work that comes before the Supreme Court is
in the form of appeals that come to it against the decisions of either the lower federal courts or
highest courts in the States. As an Appellate Court, the Supreme Court receives cases directly
from the State Courts, Federal District Courts. In some cases, it can review the decisions of the
Courts of Claims and the Courts of Customs and Patent Appeals (these are the lower courts of
appeal of the judicial hierarchy of America). In all cases which the Supreme Court hears and
decides, no appeal can be made anywhere else. The judgements of the Supreme Court are final,
and no appeal lies against them.

No Advisory Jurisdiction: It is important to mention that the Supreme Court of America does
not perform any advisory function. It has refused to advise the executive as well as pass
judgement. It acts only when a law has been violated and the matter is raised in a specific suit.

Conclusion: The Supreme Court stands at the apex of the American judicial pyramid. The
Judiciary Act was enacted in 1789 and since then, the American Judicial system has well evolved
into a well-organized, powerful and independent system. The Supreme Court has the power to
interpret it and preserve its supremacy by preventing its violations by the Congress and the
President. This provision has been the basis of the judicial review power of the Supreme Court. It
has come to be recognized as the most distinctive attribute and function of the Supreme Court.

Unit-1
UK Constitution
Questions
Features of UK
Prime Minister
Crown
House of lords
Conventions

Features of UK
Synopsis
Introduction
Features
Conclusion

Introduction
The UK does not have a single codified constitution; instead, the constitution is formed from
several sources, including statute, common or case law, and international treaties.
British monarchs were executive monarchs until the end of the seventeenth century, meaning that
they had the right to make and pass legislation.
In the seventeenth century, the Stuart kings propagated the theory of the divine right of kings,
claiming that the sovereign was subject only to God and not to the law.
Widespread unrest against their rule led to civil war in the second half of the seventeenth
century.
The Representation of the People (Equal Franchise) Act 1928 made the voting age for both men
and women 21 years of age, leading to an equal and universal adult franchise. The voting age
was lowered to 18 by the Representation of the People Act 1969

Features
Unwritten: One of the most important features of the British constitution is its unwritten
character. There is no such thing as a written, precise and compact document, which may be
called as the British constitution. The main reason for this is that it is based on conventions and
political traditions, which have not been laid down in any document, unlike a written
constitution, which is usually a product of a constituent assembly.
Evolutionary: The British constitution is a specimen of evolutionary development. It was never
framed by any constituent assembly. It has an unbroken continuity of development over a period
of more than a thousand years. It is said that the British Constitution is a product of wisdom and
chance.
Flexibility: The British constitution is a classic example of a flexible constitution. It can be
passed, amended and repealed by a Simple Majority (50% of the members present and voting) of
the Parliament, since no distinction is made between a constitutional law and an ordinary law.
Both are treated alike. The element of flexibility has provided the virtue of adaptability and
adjustability to the British constitution. This quality has enabled it to grow with the needs of the
time.
Unitary vs. Federal Features: The British constitution has a unitary character as opposed to a
federal one. All powers of the government are vested in the British Parliament, which is a
sovereign body. Executive organs of the state are subordinate to the Parliament, exercise
delegated powers and are answerable to it. There is only one legislature. England, Scotland,
Wales etc. are administrative units and not politically autonomous units.
Parliamentary Executive: Britain has a Parliamentary form of government. The King, who is
sovereign, has been deprived of all his powers and authority. The real functionaries are
Ministers, who belong to the majority party in the Parliament and remain in office as long as they
retain its confidence. The Prime Minister and his Ministers are responsible to the legislature for
their acts and policies. In this system, the executive and legislature are not separated, as in the
Presidential form of government.
Sovereignty of Parliament: The term Sovereignty means Supreme Power. A very important
feature of the British Constitution is sovereignty of the British Parliament (a written constitution
being absent). The British Parliament is the only legislative body in the country with unfettered
power of legislation. It can make, amend or repeal any law. The courts have no power to
question the validity of the laws passed by the British Parliament. The British Parliament may
amend the constitution on its own authority, like an ordinary law of the land. It can make illegal
what is legal and legalize what is illegal.
Role of Conventions: Conventions are known as unwritten maxims (rules) of the Constitution.
They provide flexibility and avoid amendments. Most constitutions of the world have
conventions. A necessary corollary to the unwritten character of the British Constitution is that
conventions play a very vital role in the British political system. However, the legal status of
conventions is subordinate to the written law.
Independence of Judiciary: The Rule of Law in Britain is safeguarded by the provision that
judges can only be removed from office for serious misbehavior and according to a procedure
requiring the consent of both the Houses of Parliament. So, the judges are able to give their
judgments without any fear or favor.

Conclusion: The United Kingdom's constitution is a unique blend of written and unwritten
elements, characterized by its flexibility, evolutionary nature, and reliance on conventions and
statutes. Unlike many other countries, the UK does not have a single written document codifying
its fundamental principles and institutions. Instead, its constitution is formed by a combination of
statutes, common law, conventions, and historical documents. This adaptability allows the UK's
constitutional framework to evolve with changing times and societal needs, providing a degree of
resilience and responsiveness.

House of lords
Synopsis
Introduction
Composition
Powers and functions
Conclusion

Introduction
The House of Lords is the Upper House of the British Parliament. It is the second oldest chamber
in the world. It is basically a hereditary institution representing the royal and aristocratic
segments of the population.

COMPOSITION OF HOUSE OF LORDS

The membership of the House of Lords is not fixed. It has more than 1100 members and this
number varies through deaths and creation of new peers. The House of Lords had 738 members.
It is a permanent chamber and most of the peers hold office for the whole life.
Princes of the Royal Blood: In present days, they do not take part in the proceedings of the
House. This category of peers includes all such male members of the Royal family who have
attained maturity and are within the specified degrees of relationship and are conferred the title
of Duke.
Hereditary Peers: Hereditary peers constitute the majority of the members of the House of
Lords. About 90% of the members of the House of Lords are from this category. The Crown can
create unlimited numbers of peers from this category. But certain classes of people like- persons
below 18 years of age, aliens, bankrupts, persons serving a sentence on conviction of felony or
treason and women are excluded from its membership. Since 1963 women have been included in
this category. Under the Peerage Act of 1963, anyone succeeding to Peerage, may, within twelve
months of succession, disclaim that peerage and in that case, they are eligible for contesting
election to the House of Commons.
Representative Peers of Scotland: All the Scottish peers have been admitted on hereditary
basis since 1963. Originally their number was 16 and were elected by the Scottish peers in
accordance with the provisions of the Treaty of Union, 1707. But Peerage Act of 1963 abolished
the election system.
Representative Peers of Ireland: Originally there were 28 Irish representatives but since 1922,
when Ireland was declared a free state, no new peers have been created. Now not a single Irish
peer remains the members of the House of Lords.
Lords of Appeal in Ordinary or Law Lords: There are altogether 21 law lords who are
appointed by the Crown from distinguished jurists.
Lords Spiritual: There are altogether 26 Lords Spiritual. Two are Archbishops of York and
Canterbury and 24 are senior bishops of the Church of England.
Life Peers: They are created under the provisions of the Life Peerage Act 1958. They are the
persons who have held high offices in the state and have since retired as ministers and the like.

Powers and functions

Executive Powers: The members of the House of Lords have the power to put questions, to
elicit information from the administration and can also have debates on governmental policies.
This debate influences the public. Some of the members of the House of Lords are included in
the cabinet but the cabinet ministers are neither individually nor collectively responsible to the
House of Lords. The House of Lords cannot pass a no confidence motion against the government
and remove the ministry from power.
Legislative powers: The legislative power of the House of Lords is also limited. A non-money
bill may be introduced in the House of Lords but still 90% of the bills are introduced in the
House of Commons. A non-money bill passed by the House of Commons in two successive
sessions with an interval of at least one year between its first reading in the first session and the
last reading in the second session becomes a law having received the royal assent even if it is
rejected by the House of Lords.
Financial Powers: In financial matter the House of Lords is very ineffective. The money bill
cannot be introduced here. If a money bill passed by the House of Commons is sent to the House
of Lords and the latter disapproves it and withholds its assent to the bill for more than a month,
the bill is presented to the Queen for approval and becomes a law afterwards.
Judicial Powers: The House of Lords is the highest court of appeal in the country, but all
members do not participate as a court. Only the Law Lords participate when the house sits as a
court. Earlier it used to make trial of impeachment cases on charges preferred by the House of
Commons. But with the acceptance of the principle of ministerial responsibility this power of the
House of Lords has become obsolete.

Conclusion: People have accepted it even though it is not in tune with democracy. Like many
other countries such as the United States of America, France or India where there is the provision
for a second chamber, in Britain too, the House of Lords fulfils the place of the upper House of
the Parliament. The House of Lords also saves the time of the House of Commons by initiating
non-controversial Private bills. All these factors are responsible for the existence of this oldest
second chamber in Britain. The House of Lords still exists in its earlier form with a change
brought by the Parliament Act of 1911 and its amendment in 1949.

Prime minister
Synopsis
Introduction
Powers and functions
Position
Conclusion

Introduction
The role of the Prime Minister in the United Kingdom is central to the functioning of the
country's government and the shaping of its policies. As the head of government, the Prime
Minister holds significant executive power, overseeing the administration of the nation and
leading the decision-making processes within the Cabinet. As the chief policymaker and head of
the Cabinet, the Prime Minister wields significant influence over both domestic affairs and
foreign policy, shaping the direction of the nation and representing its interests on the global
stage.
Power and functions
Formation of the Cabinet: The first function of the Prime Minister is to make the Government.
The Government is headed by the Prime Minister and the Prime Minister selects his own team to
make a Government. Nevertheless, it is for the Prime Minister to decide upon the size of the
Cabinet and the ministers to be included in it and he enjoys a free hand in the matter. He may
even select colleagues outside the ranks of his Party, or even outside Parliament if the Prime
Minister feels that a particular person is especially suited for the job.
Distribution of Portfolios: The allocation of offices is also done by the Prime Minister in his
discretion. However, a minister may decline what is given. But rarely the Prime Minister’s final
allocation is rejected.
To Shuffle the Ministry: The Prime Minister, as the leader of the Cabinet, also has the right to
appoint, reshuffle or dismiss his Cabinet colleagues so that the machinery of the government
keeps working efficiently and effectively. He can review the allocation of offices among his
colleagues and can make necessary changes if needed. The Prime Minister can reshuffle the
portfolios of the ministers to this effect. He can request any of his colleagues to resign. He can
also advise the King to dismiss a minister.
Chairman of the Cabinet: The Prime Minister summons the meetings of the Cabinet and
presides over them. The Prime Minister is the leader of the Party and his colleagues in the
Cabinet owe him personal as well as a party allegiance. He decides the agenda of the meetings. It
is for the Prime Minister to accept or reject proposals for discussion submitted by ministers. If
differences crop up in the Cabinet meetings, the Prime Minister as the Chairman of the Cabinet
may impose a decision.
As Coordinator: The Prime Minister has the responsibility to coordinate the policies of the
different ministries. It is his responsibility to ensure that the government works as a unit. In
short, the Prime Minister acts as the guide and coordinator of the Cabinet.
Leader of the House of Commons: It is now an established precedent that the Prime Minister
must belong to the House of Commons. He represents the Cabinet as a whole in the House and
acts as the Leader of the House. The Prime Minister, being the leader, guides and influences the
entire legislation in the House of Commons. He makes authoritative statements and explains the
Government’s policy. He speaks on most important bills. He initiates or intervenes in debates of
general importance, such as those on defence, foreign affairs and domestic issues of primary
character.
Power of Dissolution: The Prime Minister wields the supreme power of dissolution. He is the
only person who is authorized to advise the King to dissolve the House of Commons. It means
that the members of the House of Commons hold their seats at the mercy of the Prime Minister.
Though the King can refuse dissolution to the Prime Minister, in practice it is highly unlikely
that he would ever do so. During the last hundred years or so, there has been no instance of a
refusal of dissolution when advised by the Prime Minister.
Channel of Communication: The Prime Minister is the main channel of communication
between the Cabinet and the King on matters of public concern. The Prime Minister informs the
King about the opinions and decisions of the Government. He also carries the opinions of the
King to his colleagues and thus acts as the link between the King and the Cabinet.
Chief Adviser of the King: The Prime Minister is also the chief adviser of the King. He
recommends the names of the people on whom the honours are to be bestowed. The distribution
of general patronage through the Honour list gives the Prime Minister an influence in many
sectors of national life. He advises the King in matters of appointments and other matters of
national importance. In this regard, the Prime Minister recommends to the Monarch for the
appointment of Church of England Archbishops, bishops and certain other senior clergy as well
as for appointments to high judicial offices.

Position of the Prime minister

It becomes clear that the British Prime Minister stands at the very core of British administration
and politics.
His position has been variously summed up by writers.
Lord Morley described him as primus inter pares, the first among equals. He said that although in
the Cabinet all its members stand on an equal footing, speak with one voice, yet the head of the
Cabinet, that is, the Prime Minister, occupies a position of exceptional and peculiar authority.
Jennings is of the opinion that the Prime Minister in relation to his ministers is rather “a sun
around which planets revolve.”
As a matter of fact, the actual power of the Prime Minister depends in part on his own
personality, in part on his own prestige and in part upon his party support.
Again, if the Prime Minister is a popular and dynamic figure, it is difficult for his colleagues to
oppose him.
In the ultimate analysis, the British Prime Minister is the most important person in the
government of the country.
Without him, the ministers have no existence.
Nothing can take place in the government against his will.
The authority of the Prime Minister is great, but, to a large extent, his authority is a matter of
influence.

Conclusion: The role of the Prime Minister in the United Kingdom is one of immense
significance, serving as the head of government and a pivotal figure in the country's political
landscape. However, the power of the Prime Minister is tempered by the principles of
parliamentary democracy and the need to maintain the confidence of the House of Commons.
The Prime Minister embodies leadership, decision-making, and accountability within the
parliamentary system. Their powers include setting the government's agenda, representing the
country on the international stage, and overseeing the administration of public affairs.

Crown
Synopsis
Introduction
Powers and functions
Implications
Conclusion

Introduction
In early days, all powers of the government were centered in the man who wore the crown – the
state cap of royalty. In other words, all powers rested on the King as a person. However, in the
course of history, those powers have entirely been transferred from the king as a person to a
complicated impersonal organization called the “Crown.” The Crown is not a living tangible
person. It is an abstract concept.

Powers and functions

Executive Powers: The Crown is the supreme executive authority. It appoints all the high
executive and administrative officers, judges, bishops and the officers of the army, navy and air
force; directs the work of administration and national service. It holds supreme command over
the armed establishments. The Crown conducts the country’s foreign relations with other
countries; sends and receives ambassadors or other diplomatic agents and all negotiations are
carried out in the name of the Crown. The Crown is also the treaty-making authority, and all
international agreements are made in its name. It can even declare war or peace and conclude a
treaty without consulting Parliament.
Legislative Powers: The Crown is not only an executive but also an integral part of the national
legislature. The Crown summons prorogues and dissolves Parliament. When a new Parliament
meets it is usually greeted by the Monarch in a speech from the Throne, which is usually
delivered by the King or Queen in person from the Throne in the House of Lords (upper house of
the British parliament) with the Commons (lower house of the British Parliament) present.
Theoretically, no bill passed by the Parliament can become an act unless and until the King gives
assent to it but once a bill is passed by the Parliament, the King does not exercise the right to
veto.
Judicial Powers: The King is still described as the “fountain of justice.” In fact, the Crown does
so as the King. The King appoints the judges, including the Justices of Peace, in the counties and
boroughs. All issues which come before the Judicial Committee of the Privy Council are decided
by the Crown. All justice in England is rendered in the name of the King. Finally, the Crown
exercises the prerogative of mercy and may grant pardon to persons convicted of criminal
offences. This is done by the Home Secretary.
Head of the Church: Besides, the Crown is the Head of the Church of England. The
archbishops, bishops and other ecclesiastical officers are appointed by it. The appointments are
made on the advice of the ministers
Fountain of Honour: The Crown is the fountain of honour. Each year, a list of peerages and
other honors like knighthood is prepared by the Prime Minister in consultation with the Cabinet.
At the request of the monarch, the Prime Minister may add a name or strike off a name.
However, it is not obligatory for the Prime Minister to act according to the likes and dislikes of
the King.

Implications
An important maxim on which the British constitutional structure rests is “the King can do no
wrong.” This maxim has two important implications.

 Firstly, it means that the King is above the law and cannot be tried in any court of
England for any wrongful act done by him. He enjoys complete personal immunity from
the jurisdiction of the ordinary courts of law. For example, if the King commits any
crime, there is no process known to English law by which he can be brought to trial.
  Secondly, the maxim means that the King is above all the responsibility for every act
performed in his name. For every act of the British government performed in the name of
the king, it is the ministers who are responsible to Parliament. As a matter of fact, every
order issued by the King is countersigned by the minister-in-charge who is politically
responsible to the Parliament and legally responsible to the courts of law. Thus, the King
can do nothing wrong or right, of a discretionary nature and having legal effect.

Conclusion: In conclusion, the role of the UK Crown represents a unique blend of tradition,
symbolism, and constitutional significance within the British political framework. While the
powers of the monarchy have evolved over time, the institution continues to serve as a symbol of
national identity and stability. The Crown still retains certain constitutional powers, including the
ability to appoint the Prime Minister and give royal assent to legislation. Moreover, the
monarchy plays a crucial role in the ceremonial and diplomatic functions of the state,
representing the UK both domestically and internationally.

Conventions
Synopsis
Introduction
Role
Conclusion

Introduction: Conventions in the United Kingdom play a significant role in shaping the
functioning of its political system, despite not being legally enforceable. These unwritten
practices and traditions serve as essential guidelines for the behavior of government institutions
and officials, contributing to the stability and effectiveness of the British constitutional
framework.

Roles of Conventions in the UK:

• Executive Accountability: Conventions ensure executive accountability by guiding the

relationship between the Prime Minister, Cabinet, and Parliament. For example, the
convention of ministerial responsibility holds that ministers are accountable to Parliament
for the actions of their departments, fostering transparency and oversight.
• Formation of Government: Conventions dictate the process of government formation
following a general election or in times of political uncertainty. While not legally
binding, these practices, such as the Prime Minister resigning if they lose the confidence
of the House of Commons, establish norms that promote stable transitions of power.
• Royal Prerogatives: Conventions define the exercise of royal prerogatives, outlining the
role of the monarch in government affairs. Although the monarch's powers are largely
 ceremonial, conventions dictate their use, such as the convention that the monarch must
act on the advice of ministers.
• Legislative Process: Conventions govern the legislative process, including the passage of
bills through Parliament. For instance, the convention of the Salisbury Convention holds
that the House of Lords should not obstruct legislation promised in the governing party's
election manifesto, respecting the democratic mandate.
• Constitutional Evolution: Conventions facilitate constitutional evolution by adapting to
changing political norms and societal expectations. While not codified, these unwritten
practices allow the constitution to remain flexible and responsive to the needs of modern
governance.

Conclusion: In conclusion, conventions serve as essential elements of the UK's constitutional

framework, providing guidance for the functioning of government and the exercise of power.
Despite their informal nature, conventions uphold principles of accountability, stability, and
flexibility, contributing to the effectiveness of the British political system. As the UK continues
to evolve, conventions will undoubtedly play a crucial role in shaping its governance and
maintaining the balance of power between institutions.