MODULE 4
Parliamentary v
Presidential and Federal
Form of Government
[Link] @manupatra
PARLIAMENTARY VS PRESIDENTIAL FORM OF
GOVERNMENT IN REPRESENTATIVE
DEMOCRACY
Democracy is the backbone of governance and administration in any country. Democracies
are of two types: representative and direct. Today most countries in the world are
representative democracies. The presidential form of government has a single executive
system where the president is the head of the executive and is independent of the
legislature. The parliamentary form of government is a form of democracy where the
executive gains political legitimacy by being responsible to the legislative.
Presidential form of government
There is only one executive in this form of government, which is the president. Hence it is also
called the single executive system. The president is the head/chief executive of the state as
well as the government and is chosen by the people directly.
The legislature is completely independent of the executive, in the presidential form of
government. The three organs of the government: the legislative, executive and the judiciary
are all independent of each other. The legislature is responsible for formulating laws, the
executive, headed by the president enforces those laws and the judiciary carries out judicial
tasks.
Some of the countries with a presidential form of government are the United States, Brazil,
South Korea, Turkey, the Philippines, Indonesia etc
Parliamentary form of government
In this form of government there are two executives. The president is the nominal executive
and the head of the state. The role of the president is primarily ceremonial. The prime
minister is the real executive and the head of the government, who along with the cabinet has
the maximum powers. So, it is known as, the “cabinet form of government”.
Since the parliament is directly responsible to the people, it is also called the “responsible
government.” The executive is responsible to the legislature. Hence, there is no clear
separation of powers as in the presidential form of government
Some of the countries which have a parliamentary system of government are Germany, Italy,
Japan, the United Kingdom, India, Portugal etc.
In the constitution of India, articles 74 and 75 provisions for a parliamentary form of
government at the union level, and articles 163 and 164 deal with provisions for the same at
the state level.
[Link] @manupatra
Context Parliamentary form of government Presidential form of government
Separation of The form of government in which the The form of government in which
powers executive is responsible to the the executive is responsible to
legislature, thus being dependent on the legislature, thus being
it. dependent on it.
Election The people elect representatives of The president is directly elected
the legislature. by the people.
Executive, It is a dual executive. The head of the The head of the state and
state and government are different government is the same, hence it
(president and prime minister) is a single executive
are members of the parliament and
Ministers are of the ruling party Industry experts, outside of the
legislature, can also be chosen
as ministers.
The President can dissolve the lower
Dissolution of house. The president does not have the
the lower house power to dissolve the lower
house.
Tenure of Prime Minister is not fixed
The tenure of the since it is dependent on the majority The tenure of the president is
head support in parliament. fixed.
It is less autocratic.
Autocracy There are more chances of
autocracy
Parliamentary system vs presidential system chart
Advantages and disadvantages of parliamentary form of government.
Advantages Disadvantages
Since the executive is responsible to the Due to anti-defection laws ministers
legislature there is a cooperation between and legislators are subject to party
the two. whips and cannot exert their willpower
It is a responsible government since the and ideas in decision making
people directly elect their representatives The parliamentary system is less
and the legislature is responsible to the stable than a presidential system.
people. Politics of parties are present, as
There is a check on authoritarianism. legislatures are vested in self-interest,
than national interest.
[Link] @manupatra
Advantages and disadvantages of presidential form of government
Advantages Disadvantages
There is a distinct separation of powers It becomes impossible to remove a
but the executive and legislature watch president who is unpopular amongst
over each other. people.
The president is more stable, and so is When the president and legislature are
the government, as compared to the from different parties, it can result in
parliamentary form of government. conflict.
CONCLUSION
Although the parliamentary and presidential forms of government are both democracies,
there are some fundamental differences between them. Based on the country’s unique
needs and socio political structure, the form of government is chosen. Today, almost all
the countries in the world have transitioned from monarchy to democracy, and have
either a presidential or a parliamentary form of government.
For more notes and flashcards, visit Manupatra Academy – your one-stop hub
for curated legal content and structured learning in law
Copyright © 2025 Manupatra. All Rights Reserved.
[Link] @manupatra
@manupatra
FEDERAL AND UNITARY FEATURES OF THE INDIAN
CONSTITUTION: A DETAILED ANALYSIS
The Indian Constitution blends federal and unitary features, creating a unique system that
balances power between the central and state governments. It establishes a dual polity,
with the Union and state governments handling different areas of governance. While
maintaining a federal framework, the Constitution incorporates several unitary aspects to
ensure national unity and effective central control.
Federal and Unitary Features of the Indian Constitution
The federal features of the Indian Constitution are explained below
Dual Polity: The Indian Constitution establishes a dual polity which consists of the Union
at the Centre and the States.
The Union government at the centre deals with matters of national importance like
defence, foreign affairs, currency, and so on.
The state governments, on the other hand, deal with matters of regional and local
importance like public order, agriculture, health, local government and so on.
Written Constitution: The Indian Constitution is not only a written document but the
lengthiest Constitution in the world.
At present, it consists of a Preamble, about 470 Articles (divided into XXV Parts) and
12 Schedules.
It prescribes the jurisdiction within which both the centre and state must perform
functions.
Division of Powers:
Both the Centre and the states can make laws on the subjects of the concurrent list, but
in case of a conflict, the law made by the centre prevails.
The subjects which are not mentioned in any of the three lists (i.e. Residuary
subjects) are given to the Centre.
Supremacy of the Constitution: The Constitution is the supreme law of the land.
The laws enacted by the Centre and the states must conform to its provisions
The organs of the government such as legislative, executive and judicial at both levels
must operate within the jurisdiction prescribed by the Constitution.
Otherwise, they can be declared invalid through judicial review.
[Link] @manupatra
Rigid Constitution: The Indian Constitution is rigid because the provisions which are
concerned with the federal structure require special procedures for its amendment.
Bicameralism: The Parliament of India is bicameral, consisting of the Rajya Sabha
(Council of States) and the Lok Sabha (House of the People).
The Rajya Sabha represents the states and union territories, while the Lok Sabha
represents the people of India as a whole.
Independent Judiciary: The Indian Constitution contains measures like security of
tenure to judges, fixed service conditions etc., to make the judiciary independent of the
government.
It establishes an independent judiciary headed by the Supreme Court for two purposes:
To protect the supremacy of the Constitution by exercising the power of judicial review,
and
To settle the disputes between the Centre and the States or between the States.
Unitary Features of The Constitution
Strong Centre: The division of powers is in favour of the Centre as
The Union List of the seventh schedule contains more subjects than the State List.
The Union List contains more important subjects.
The Centre has overriding authority over the Concurrent List.
The Centre has given residuary powers.
Single Constitution: The Indian Constitution embodies not only the Constitution of the
Centre but also those of the states.
No Equality of State Representation: In India, the states are given representation in the
Rajya Sabha on the basis of population.
In the US, on the other hand, the principle of equality of representation of states in the
Upper House is fully recognised, meaning equal representation irrespective of
population.
States Not Indestructible: Indian states have no right to territorial integrity.
[Link] @manupatra
The Parliament can alone change the area, boundaries or name of any state.
Hence, the Indian Federation can be referred to as “an indestructible Union of
destructible states”.
The American Federation, on the other hand, is “an indestructible Union of
indestructible states”.
Flexible Constitution: In the Indian Constitution the process of Constitutional
amendment is less rigid than other federations.
The bulk of the Constitutional provisions can be amended by the unilateral action of the
Parliament, either by simple majority or by special majority.
Further, only the Centre has the power to initiate an amendment to the Constitution.
Emergency Provisions: During an emergency situation, the Centre becomes all-powerful
and the states go into total control of the Central government.
It converts the federal structure of the government into a unitary one without any formal
amendment of the Constitution.
Single Citizenship: The Indian Constitution embraced a single citizenship system,
ensuring that all citizens, regardless of their birthplace or current residence, have equal
rights throughout the entire country.
Integrated Judiciary: The Constitution of India has instituted a unified judicial system,
with the Supreme Court positioned at the apex.
This singular court system is responsible for upholding both Central and state laws.
All-India Services: In India, the Centre and the states have their separate public services.
But, in addition to this, there are All-India Services (IAS, IPS, and IFS) which are common
to both the Centre and the states.
The members of these all-India services are recruited and trained by the Centre which
also possesses ultimate control over them.
Integrated Audit Machinery: The Comptroller and Auditor-General (CAG) of India audits
the accounts of both the Central government and State Governments.
However, his appointment and removal is done by the President without the states’
consultation
[Link] @manupatra
Governor’s Appointment: The Governor is appointed by the President and holds office
during the pleasure of the President.
He also acts as a representative of the Centre.
Parliament’s Jurisdiction over the State List: The Parliament holds the authority to
enact legislation on any matter listed under the State List if the Rajya Sabha passes
a resolution to that effect in the national interest.
Integrated Election Machinery: The Election Commission of India conducts elections to
both the Central legislature and State legislatures.
But, the States have no say in the Constitution of this body.
The position of States is the same with regard to the removal of its members as well.
Veto Over State Bills: The Governor has the authority to reserve specific categories of
bills approved by the State legislature for the consideration of the President.
The President can withhold approval for such bills not only initially but also upon re-
submission.
Federal Features of The Constitution Federal Features of The Constitution
Dual Polity Strong Centre
Written Constitution Single Constitution
Division of Powers No Equality of State Representation
Supremacy of the Constitution States Not Indestructible
Rigid Constitution Flexibility of the Constitution
Bicameralism Emergency Provisions
Integrated Judiciary
Independent Judiciary Single Citizenship
All-India Services
[Link] @manupatra
Critical Evaluation of The Federal System
Views of Constitutional Experts on Indian Federalism: The Constitution of India has deviated
from the various traditional federal systems like the US, Switzerland and Australia and
incorporated a large number of unitary features, tilting the balance of power in favour of the
Centre.
Thus, many Constitutional experts have different views on the federal character of the
Indian Constitution.
K C Wheare described the Constitution of India as “quasi-federal”.
K Santhanam mentioned two factors responsible for increasing the unitary bias
(tendency of centralisation) of the Constitution. These are:
The dominance of the Centre in financial matters and the reliance of the states upon
the Central grants; and
Influence of a robust former planning commission that directed developmental
processes in the states.
Morris Jones termed Indian federalism as a “bargaining federalism”.
Ivor Jennings has referred to it as a “federation with a strong centralising tendency”.
Dr. B.R. Ambedkar observed “The Constitution is a Federal Constitution in as much as it
establishes a dual polity.
The Union is not a league of states, united in a loose relationship, nor are the states
the agencies of the Union, deriving powers from it.
The Constitution creates both the Union and the states, both derive their respective
authority from the Constitution.”
S.R. Bommai v. Union of India case (1994): The Supreme Court laid down that the
Constitution is federal and characterized federalism as the ‘Basic Structure of Indian
Constitution.’
Greater Authority of the Centre vs. State Independence: It was noted that within the
framework of our Constitution, while the Centre is endowed with greater authority
compared to the states, states are not mere extensions of the Centre.
States’ Independent Constitutional Existence: States possess an independent
Constitutional existence; they are not subordinate entities or representatives of the
Centre.
Within their designated sphere, states hold supreme authority.
[Link] @manupatra
Emergency Powers and Federal Nature: The fact that during an emergency or certain
other eventualities, the Centre may temporarily override states’ powers, but it does not
negate the essential federal nature of the Constitution.
These instances are exceptions and not the rule.
Federalism as a Principled Stance: It is important to emphasise that federalism in
the Indian Constitution is not a matter of administrative convenience but a principled
stance—an outcome of our own Constitutional process and a recognition of the
practical realities on the ground.
Compromise Between State Autonomy and Central Authority: Indian federalism
represents a compromise between the following two conflicting considerations i.e.
normal separation of powers under which states enjoy autonomy within their spheres,
and the need for national integrity and a strong central government under exceptional
circumstances.
CONCLUSION
Indian federalism is a pragmatic blend of autonomy and central authority, shaped by the
country’s diverse needs and historical context.
Despite its unitary features, the Constitution upholds the federal principle as
essential to its structure.
This balanced approach ensures both regional diversity and national coherence,
reflecting a carefully crafted compromise in governance
For more notes and flashcards, visit Manupatra Academy – your one-stop hub
for curated legal content and structured learning in law
Copyright © 2025 Manupatra. All Rights Reserved.
[Link] @manupatra
@manupatra