Comparison of the Indian Constitutional Scheme With That of Other Countries Parliament & State Legislatures

A Comparative Analysis of Parliamentary Systems: India in the Global Context

The Indian Constitution, a landmark document crafted in the aftermath of colonial rule, stands as a testament to the nation’s commitment to democratic principles. Its parliamentary system, a cornerstone of governance, has been a subject of continuous scrutiny and debate, particularly in comparison to other established democracies. This article delves into a comparative analysis of the Indian constitutional scheme, focusing on its parliamentary structure and state legislatures, juxtaposing it with the systems prevalent in other countries.

I. The Indian Parliamentary System: A Unique Blend

India’s parliamentary system, a hybrid model drawing inspiration from the Westminster system, exhibits distinct features that set it apart from its counterparts. The core of this system lies in the principle of parliamentary sovereignty, where the legislature holds supreme power, with the executive accountable to it.

A. The Bicameral Legislature:

India’s parliament, known as the Parliament of India, is a bicameral legislature comprising two houses:

• Lok Sabha (House of the People): The lower house, directly elected by the people, represents the will of the electorate. It holds the majority of power, with the government being formed by the party or coalition commanding a majority in the Lok Sabha.
• Rajya Sabha (Council of States): The upper house, representing the states, is indirectly elected by the elected members of the state legislative assemblies. It serves as a chamber of review and deliberation, with limited legislative powers.

B. The Executive Branch:

The executive branch, headed by the Prime Minister, is responsible for implementing the laws passed by the Parliament. The Prime Minister is chosen from among the members of the Lok Sabha and is accountable to the House. The Council of Ministers, appointed by the President on the advice of the Prime Minister, assists in the administration of the country.

C. The President:

The President of India, the head of state, is a ceremonial figure with limited executive powers. The President acts on the advice of the Prime Minister and the Council of Ministers, except in matters where the Constitution grants him discretionary powers.

D. The Judiciary:

The Indian judiciary, headed by the Supreme Court, is independent of the executive and legislative branches. It acts as the guardian of the Constitution, ensuring that all branches of government operate within the framework of the law.

II. Comparison with Other Parliamentary Systems:

A. The Westminster System:

The Westminster system, originating in the United Kingdom, serves as the model for many parliamentary democracies. It shares several similarities with the Indian system, including:

• Parliamentary sovereignty: The legislature holds supreme power, with the executive accountable to it.
• Bicameral legislature: Most Westminster systems feature a bicameral legislature, with a lower house directly elected by the people and an upper house representing regional interests.
• Prime Minister as head of government: The Prime Minister is chosen from among the members of the lower house and is accountable to the legislature.

However, there are also key differences:

• Role of the Monarch: The Westminster system typically includes a monarch, who acts as the head of state, while India is a republic with an elected President.
• Party discipline: Party discipline is generally stronger in Westminster systems, leading to more cohesive government action.
• Single-party dominance: Westminster systems often see a single party dominating the government, while India has a multi-party system.

B. The Canadian System:

Canada’s parliamentary system, also based on the Westminster model, shares many similarities with India’s system, including:

• Parliamentary sovereignty: The legislature holds supreme power, with the executive accountable to it.
• Bicameral legislature: Canada has a bicameral legislature, with a lower house (House of Commons) and an upper house (Senate).
• Prime Minister as head of government: The Prime Minister is chosen from among the members of the House of Commons and is accountable to the legislature.

However, there are also key differences:

• Role of the Governor General: Canada has a Governor General, appointed by the British monarch, who acts as the head of state, while India has an elected President.
• Senate composition: The Canadian Senate is appointed, not elected, with members representing regions rather than states.
• Federalism: Canada has a strong federal system, with significant powers devolved to the provinces, while India has a quasi-federal system with a stronger central government.

C. The German System:

Germany’s parliamentary system, known as the Bundestag system, exhibits significant differences from the Indian system:

• Constructive vote of no confidence: The German system features a unique mechanism where the Chancellor can only be removed by a majority vote in the Bundestag, but only if a successor is simultaneously elected.
• President as head of state: Germany has a President, elected by the Federal Convention, who acts as the head of state, with limited executive powers.
• Proportional representation: Germany uses a system of proportional representation for elections, ensuring that all parties with a certain percentage of votes are represented in the Bundestag.

D. The United States Presidential System:

The United States, unlike India, operates under a presidential system, where the executive branch is separate from the legislative branch. Key differences include:

• Separation of powers: The President is elected independently of the Congress, and there is a clear separation of powers between the executive and legislative branches.
• Checks and balances: The Constitution establishes a system of checks and balances, where each branch has the power to limit the actions of the other branches.
• Fixed terms: The President and members of Congress serve fixed terms, unlike the Indian system where the government can be dissolved by the Prime Minister.

III. The Role of State Legislatures in India:

India’s federal structure grants significant autonomy to the states, each with its own legislature responsible for governing its affairs. The state legislatures, similar to the Parliament, are bicameral in some states and unicameral in others.

A. Bicameral Legislatures:

States like Bihar, Uttar Pradesh, and Maharashtra have bicameral legislatures, comprising:

• Legislative Assembly (Vidhan Sabha): The lower house, directly elected by the people, represents the will of the electorate.
• Legislative Council (Vidhan Parishad): The upper house, indirectly elected by the elected members of the Legislative Assembly, serves as a chamber of review and deliberation.

B. Unicameral Legislatures:

Most states have unicameral legislatures, with only a Legislative Assembly (Vidhan Sabha), directly elected by the people.

C. Powers of State Legislatures:

State legislatures have the power to legislate on matters listed in the State List of the Seventh Schedule of the Constitution. They also have concurrent powers to legislate on matters listed in the Concurrent List.

D. Governor’s Role:

The Governor of a state, appointed by the President, acts as the head of state, with limited executive powers. The Governor acts on the advice of the Chief Minister and the Council of Ministers, except in matters where the Constitution grants him discretionary powers.

IV. Challenges and Reforms:

The Indian parliamentary system, despite its strengths, faces several challenges:

• Party discipline: Weak party discipline often leads to instability and gridlock in the government.
• Corruption: Corruption remains a significant problem, undermining public trust in the system.
• Electoral reforms: The electoral system needs reforms to address issues like money power and criminalization of politics.
• Federalism: The balance of power between the center and states needs to be reviewed to ensure effective governance.

A. Proposed Reforms:

Several reforms have been proposed to address these challenges, including:

• Strengthening party discipline: Implementing stricter rules for party members to ensure accountability.
• Electoral reforms: Introducing measures to limit the influence of money and criminals in politics.
• Improving transparency and accountability: Implementing mechanisms to enhance transparency and accountability in government functioning.
• Strengthening federalism: Devolving more powers to the states to ensure effective governance at the local level.

V. Conclusion:

The Indian parliamentary system, a unique blend of diverse influences, has played a pivotal role in shaping the nation’s democratic journey. While it faces challenges, its strengths lie in its adaptability and its commitment to the principles of democracy and rule of law. By addressing the existing challenges and implementing necessary reforms, India can further strengthen its parliamentary system and ensure its continued success in the years to come.

Table 1: Comparison of Key Features of Parliamentary Systems

Table 2: Comparison of State Legislatures in India

This comparative analysis highlights the unique features of the Indian parliamentary system and its strengths and weaknesses in relation to other established democracies. It underscores the need for continuous evaluation and reform to ensure the system’s effectiveness in meeting the evolving needs of the nation.

Here are some frequently asked questions on the comparison of the Indian constitutional scheme with that of other countries, focusing on Parliament and State Legislatures:

1. What are the key differences between the Indian parliamentary system and the Westminster system?

• Head of State: India has an elected President, while the Westminster system typically has a hereditary monarch.
• Party Discipline: Party discipline is generally stronger in Westminster systems, leading to more cohesive government action.
• Single-party Dominance: Westminster systems often see a single party dominating the government, while India has a multi-party system.

2. How does the Indian parliamentary system differ from the German Bundestag system?

• Constructive Vote of No Confidence: The German system has a unique mechanism where the Chancellor can only be removed by a majority vote in the Bundestag, but only if a successor is simultaneously elected.
• Proportional Representation: Germany uses a system of proportional representation for elections, ensuring that all parties with a certain percentage of votes are represented in the Bundestag.

3. What is the significance of the bicameral legislature in India?

• Review and Deliberation: The Rajya Sabha (upper house) serves as a chamber of review and deliberation, providing a second opinion on legislation passed by the Lok Sabha (lower house).
• Representation of States: The Rajya Sabha represents the interests of the states, ensuring that regional concerns are considered in the legislative process.

4. How do state legislatures in India differ from the Parliament?

• Scope of Powers: State legislatures have the power to legislate on matters listed in the State List of the Constitution, while the Parliament has broader powers, including the power to legislate on matters in the Concurrent List.
• Governor’s Role: The Governor of a state acts as the head of state, similar to the President at the national level, but with limited powers.

5. What are some of the challenges facing the Indian parliamentary system?

• Party Discipline: Weak party discipline often leads to instability and gridlock in the government.
• Corruption: Corruption remains a significant problem, undermining public trust in the system.
• Electoral Reforms: The electoral system needs reforms to address issues like money power and criminalization of politics.
• Federalism: The balance of power between the center and states needs to be reviewed to ensure effective governance.

6. What are some proposed reforms to address the challenges facing the Indian parliamentary system?

• Strengthening Party Discipline: Implementing stricter rules for party members to ensure accountability.
• Electoral Reforms: Introducing measures to limit the influence of money and criminals in politics.
• Improving Transparency and Accountability: Implementing mechanisms to enhance transparency and accountability in government functioning.
• Strengthening Federalism: Devolving more powers to the states to ensure effective governance at the local level.

7. How does the Indian system of federalism compare to that of Canada?

• Centralization: India has a quasi-federal system with a stronger central government, while Canada has a strong federal system with significant powers devolved to the provinces.
• Senate Composition: The Canadian Senate is appointed, not elected, with members representing regions rather than states, unlike the Indian Rajya Sabha.

8. What are the key differences between the Indian parliamentary system and the US presidential system?

• Separation of Powers: The US system has a clear separation of powers between the executive and legislative branches, while the Indian system has a more integrated approach.
• Fixed Terms: The President and members of Congress in the US serve fixed terms, unlike the Indian system where the government can be dissolved by the Prime Minister.
• Checks and Balances: The US Constitution establishes a system of checks and balances, where each branch has the power to limit the actions of the other branches.

These FAQs provide a starting point for understanding the complexities of the Indian constitutional scheme in comparison to other parliamentary and presidential systems. Further research and analysis are necessary to gain a deeper understanding of the nuances and intricacies of these systems.

Here are some multiple-choice questions (MCQs) on the comparison of the Indian constitutional scheme with that of other countries, focusing on Parliament and State Legislatures:

1. Which of the following countries has a parliamentary system similar to India’s, but with a hereditary monarch as the head of state?

a) Germany
b) Canada
c) United States
d) United Kingdom

Answer: d) United Kingdom

2. Which of the following features is unique to the German Bundestag system?

a) A bicameral legislature
b) A Prime Minister as head of government
c) A constructive vote of no confidence
d) A system of proportional representation

Answer: c) A constructive vote of no confidence

3. The Rajya Sabha in India is similar to which house of the UK Parliament?

a) House of Commons
b) House of Lords
c) Supreme Court
d) Privy Council

Answer: b) House of Lords

4. Which of the following is NOT a challenge facing the Indian parliamentary system?

a) Weak party discipline
b) Corruption
c) Strong federalism
d) Electoral reforms

Answer: c) Strong federalism

5. Which of the following countries has a strong federal system, with significant powers devolved to the provinces?

a) India
b) United Kingdom
c) Canada
d) Germany

Answer: c) Canada

6. Which of the following is a proposed reform to address the challenge of corruption in the Indian parliamentary system?

a) Strengthening party discipline
b) Implementing a system of proportional representation
c) Devolving more powers to the states
d) Improving transparency and accountability

Answer: d) Improving transparency and accountability

7. Which of the following is a key difference between the Indian parliamentary system and the US presidential system?

a) The presence of a bicameral legislature
b) The role of the judiciary
c) The separation of powers
d) The use of a first-past-the-post electoral system

Answer: c) The separation of powers

8. Which of the following statements about state legislatures in India is TRUE?

a) All state legislatures are bicameral.
b) State legislatures have the power to legislate on all matters listed in the Constitution.
c) The Governor of a state has absolute power over the state legislature.
d) State legislatures have the power to legislate on matters listed in the State List of the Constitution.

Answer: d) State legislatures have the power to legislate on matters listed in the State List of the Constitution.