Parliamentary and Federal System

The story behind it

UPSC’s questions on “constitutional government” all test one idea: limited government. A country can have a written constitution and still not have constitutional government, if those in power ignore the limits it sets. Constitutional government exists only when power is actually restrained by a higher law, and when courts, elections and a free press enforce those limits.

India’s answer to “who limits the government?” has three layers. The written Constitution sets the limits. Judicial review enforces them. Periodic elections let voters judge those in power. UPSC’s 2021 and 2020 questions both define constitutional government as one that limits the State’s power over the individual. They do not define it as a government that merely has a constitution.

How UPSC asks it

1. UPSC 2021 Constitutional government means:
   1. A representative government of a nation with federal structure
   2. A government whose Head enjoys nominal powers
   3. A government whose Head enjoys real powers
   4. A government limited by the terms of the Constitution
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   (d) A government limited by the terms of the Constitution. Constitutional government is limited government.
2. UPSC 2020 A constitutional government by definition is a:
   1. government by legislature
   2. popular government
   3. multi-party government
   4. limited government
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   (d) limited government. Its powers are limited by the constitution.
3. UPSC 2017 Democracy's superior virtue lies in the fact that it calls into activity
   1. the intelligence and character of ordinary men and women.
   2. the methods for strengthening executive leadership.
   3. a superior individual with dynamism and vision.
   4. a band of dedicated party workers.
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   (a) the intelligence and character of ordinary men and women. Democracy rests on the participation and judgement of ordinary citizens.
4. UPSC 2014 Consider the following statements: A Constitutional Government is one which:
   1. Places effective restrictions on individual liberty in the interest of State Authority.
   2. Places effective restrictions on the Authority of the State in the interest of individual liberty.
   1. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2
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   (b) 2 only. A constitutional government limits State power to protect liberty.

The story behind it

The Constituent Assembly seriously considered a presidential system; K.T. Shah argued for it. Ambedkar explained why the drafters chose the parliamentary form. A presidential system gives more stability, he said, but a parliamentary one gives more responsibility. Government is assessed daily, through questions, debates and motions, rather than only once every few years at an election. Given the country’s long experience with parliamentary institutions under the British, the Assembly preferred daily accountability.

How UPSC asks it

1. UPSC 2020 A Parliamentary System of Government is one in which:
   1. all political parties in the Parliament are represented in the Government
   2. the Government is responsible to the Parliament and can be removed by it
   3. the Government is elected by the people and can be removed by them
   4. the Government is chosen by the Parliament but cannot be removed by it before completion of a fixed term
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   (b) the Government is responsible to the Parliament and can be removed by it. The government is responsible to Parliament and can be removed by it.
2. UPSC 2017 Out of the following statements, choose the one that brings out the principle underlying the Cabinet form of Government:
   1. An arrangement for minimising criticism against the Government whose responsibilities are complex and hard to carry out to the satisfaction of all.
   2. A mechanism for speeding up the activities of the Government whose responsibilities are increasing day by day.
   3. A mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people.
   4. A device for strengthening the hands of the head of the Government whose hold over the people is in a state of decline.
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   (c) A mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people. Collective responsibility of the government to the people (through the legislature) is the core principle.
3. UPSC 2017 The main advantage of the parliamentary form of government is that:
   1. The executive and legislature work independently.
   2. It provides continuity of policy and is more efficient.
   3. The executive remains responsible to the legislature.
   4. The head of the government cannot be changed without election.
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   (c) The executive remains responsible to the legislature. Responsibility of the executive to the legislature is its main advantage.
4. UPSC 2015 There is a Parliamentary System of Government in India because the
   1. Lok Sabha is elected directly by the people
   2. Parliament can amend the Constitution
   3. Rajya Sabha cannot be dissolved
   4. Council of Ministers is responsible to the Lok Sabha
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   (d) Council of Ministers is responsible to the Lok Sabha. Executive responsibility to the lower House defines the parliamentary system.
5. UPSC 2013 In the context of India, which of the following principles is/are implied institutionally in the parliamentary government?
   1. Members of the Cabinet are Members of the Parliament.
   2. Ministers hold the office till they enjoy confidence in the Parliament.
   3. The Cabinet is headed by the Head of the State.
   1. 1 and 2 only
   2. 3 only
   3. 2 and 3 only
   4. 1, 2 and 3
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   (a) 1 and 2 only. The Cabinet is headed by the Prime Minister, not the head of State.

The story behind it: what India kept and what it changed

How UPSC asks it

1. UPSC 2021 We adopted parliamentary democracy based on the British model, but how does our model differ from that model?
   1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.
   2. In India, matters related to the constitutionality of the Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court.
   1. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2
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   (c) Both 1 and 2. Indian Parliament is limited by the Constitution, and constitutional questions go to a Bench of at least five judges (Article 145(3)).

The story behind it

Scholars have struggled to label Indian federalism. K.C. Wheare called it “quasi-federal”. Granville Austin called it “cooperative federalism”. The design reflects 1947: Partition and the integration of over 550 princely states made the drafters want a strong Centre. Yet the Supreme Court has held federalism to be part of the basic structure (S.R. Bommai, 1994). The GST Council (Article 279A), where the Centre has one-third of the votes and the States two-thirds, is the clearest recent example of shared, cooperative decision-making.

How UPSC asks it

1. UPSC 2021 Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
   1. The independence of the judiciary is safeguarded.
   2. The Union Legislature has elected representatives from constituent units.
   3. The Union Cabinet can have elected representatives from regional parties.
   4. The Fundamental Rights are enforceable by Courts of Law.
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   (a) The independence of the judiciary is safeguarded. An independent judiciary to resolve Centre-State disputes is an essential federal feature.
2. UPSC 2017 Which one of the following is not a feature of Indian federalism?
   1. There is an independent judiciary in India.
   2. Powers have been clearly divided between the Centre and the States.
   3. The federating units have been given unequal representation in the Rajya Sabha.
   4. It is the result of an agreement among the federating units.
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   (d) It is the result of an agreement among the federating units. India’s federation was not formed by an agreement among the States.

The story behind it

The Constitution says almost nothing about political parties. The word “political party” entered it only in 1985, with the Tenth Schedule on defection. Yet parties run the parliamentary system: they form governments, choose Prime Ministers and decide how MPs vote.

India’s party system has moved through three phases. First came Congress dominance (1952–67), which political scientist Rajni Kothari called the “Congress system”: one big party containing many factions. Then came competition and coalitions, with the first non-Congress government in 1977 and coalition governments at the Centre for most of 1989–2014. Since 2014, a single party has again been dominant. Each phase changed how the Constitution’s offices worked in practice, for instance how much discretion Presidents and Governors had in choosing a Prime Minister or Chief Minister.

How UPSC asks it

1. UPSC 2024 Consider the following pairs (Party – Its Leader):
   1. Bharatiya Jana Sangh – Dr. Shyama Prasad Mukherjee
   2. Socialist Party – C. Rajagopalachari
   3. Congress for Democracy – Jagjivan Ram
   4. Swatantra Party – Acharya Narendra Dev.
   How many of the above are correctly matched?
   1. Only one
   2. Only two
   3. Only three
   4. All four
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   (b) Only two. Rajagopalachari founded the Swatantra Party; Acharya Narendra Dev was a Socialist leader. Pairs 1 and 3 are correct.