Indian Polity — System of Government
1. State and Government: Basic Concepts
Meaning of State
- The State refers to a political institution that represents a sovereign people organised under one independent government within a definite territory and subject to no outside control.
- Thus, a community of persons permanently occupying a definite territory, independent of external control, and possessing an organised government. [UPSC 2021]
Meaning of Government
- A government is a group exercising authority over a territory and its people, responsible for creating and enforcing laws, managing public affairs, and providing essential services.
- The system of government defines the division of authority between the legislature and executive, determining a country's governance structure.
KEY DISTINCTION
- State: A permanent institution with sovereignty, territory, and population.
- Government: The temporary group exercising authority on behalf of the State.
- Government is the agent of the State — it changes, but the State continues.
2. Types of Government
1. Unitary System
- In a Unitary System, a central government holds all power, with regional authorities deriving their authority from it.
- Unitary systems always have a Single strong Government and may have:
- Written (France) or unwritten (Britain) constitution
- Supreme (Japan) or non-supreme (Britain) constitution
- Rigid (France) or flexible (Britain) constitution
- Bicameral (Britain) or unicameral (China) legislature
2. Federal System
- A Federal System divides powers between a central government and regional governments, each with constitutionally defined autonomy.
- Examples: US, Switzerland, Australia, Canada, Russia, Brazil, Argentina, and Germany.
3. Confederate System
- In a Confederate System, regional governments maintain most power, with a weak central authority that relies on voluntary compliance.
- It features a flexible constitution.
- Examples: Former Soviet Union, Switzerland's canton system.
4. Constitutional Government
- A Constitutional Government operates within the limitations set by a country's constitution, serving as the supreme law of the land. [UPSC 2020, 2021]
- The Constitutional Government places effective restrictions on the Authority of the State in the interest of individual liberty. [UPSC 2014]
- Source of Power: It is the ultimate source of all governmental powers and delineates critical limitations that protect the fundamental rights of citizens. [UPSC 2023, 2014]
- Limitation on Government: A key aspect is its role in constraining sovereign governments in their ruling capacity, establishing a limited government structure. [UPSC 2020]
📝 UPSC Previous Year Questions:
- UPSC Prelims 2021: A State is a community of persons permanently occupying a definite territory independent of external control and possessing an organised government. Answer: True.
- UPSC Prelims 2020: Constitutional Government places effective restrictions on the Authority of the State in the interest of individual liberty. Answer: True.
- UPSC Prelims 2023: The Constitution is the ultimate source of all governmental powers and delineates critical limitations that protect the fundamental rights of citizens. Answer: True.
3. Forms of Government
| Feature | Parliamentary System | Presidential System | Semi-Presidential System |
|---|---|---|---|
| Executive Authority | Prime Minister leads; derives authority from Parliament. | President is both head of state and government; elected independently. | Dual executive: President and Prime Minister share authority. |
| Relationship with Legislature | The Prime Minister can be removed by a vote of no confidence. | President cannot be easily removed; serves fixed terms. | The President is elected; the Prime Minister is accountable to the legislature. |
| Cabinet Composition | Cabinet members are typically from the legislature. | Cabinet members are appointed by the President; may not be part of the legislature. | The Cabinet includes members from both the President and the legislature. |
| Legislative Role | Legislature plays a crucial role in governance and policy making. | Legislature has limited influence over the President's decisions. | The Legislature has significant power but also shares it with the President. |
| Stability | Can be unstable; the government can change frequently. | More stable; fixed terms provide consistency. | Stability can vary; dependent on the balance of power. |
| Decision-Making | Quick decision-making due to close ties between executive and legislature. | Slower decision-making; President may face opposition from Congress. | Decision-making can be efficient but may face conflicts. |
| Constitutional Flexibility | Often more flexible due to the evolving nature of Parliamentary practices. | Generally rigid; fixed terms are defined in the constitution. | Can be both flexible and rigid, depending on the balance of power. |
| Example Countries | United Kingdom, India, Canada | United States, Brazil, Mexico | France, Russia, Ukraine |
Merits and Demerits of Different Systems
PARLIAMENTARY SYSTEM
Merits:
Demerits:
Merits:
- Harmony between Legislature & Executive
- Responsible Government answerable to Parliament; [UPSC 2020]
- Power isn't centralised; Cabinet ensures collective authority.
- Opposition can serve as an alternative if the ruling party loses majority.
- Cabinet reflects wide representation to diverse sections in governance.
Demerits:
- Loss of majority can lead to frequent government changes.
- New governments often alter existing policies.
- A strong Cabinet can centralise power.
- Blurred Separation of Powers.
- Ministers may not be specialists, limiting effective governance.
PRESIDENTIAL SYSTEM
Merits:
Demerits:
Merits:
- Stable government.
- Definiteness in policies.
- Based on separation of powers.
- Government by experts.
- Direct mandate from the electorate enhances legitimacy.
Demerits:
- Conflict between legislature and executive.
- Non-responsible government.
- May lead to autocracy.
- Narrow representation.
- Difficulties in achieving consensus.
SEMI-PRESIDENTIAL SYSTEM
Merits:
Demerits:
Merits:
- Combines strengths of both systems
- Flexible power distribution.
- Encourages cooperation
- Stable Leadership: Parliament can remove an unpopular PM, ensuring stability.
- Checks and Balances
- Alignment with Development: An independent PM fosters political and economic growth.
Demerits:
- Potential for conflict between President and PM; leading to inefficiencies.
- Unclear responsibility for policy outcomes.
- Votes of confidence may disrupt the legislative process.
- Unpopular policies can be deflected to the PM, obscuring true accountability.
4. System of Government in India
- The Constitution of India provides for a parliamentary form of government (the executive is responsible to the legislature for its policies and acts), both at the Centre and in the states. [UPSC 2017]
- Parliamentary Government: It is also known as the Cabinet government / Responsible government / Westminster model of government and is prevalent in Britain, Japan, Canada, and India, among others.
- Defined by Articles 74, 75 (Centre) and Articles 163, 164 (States).
Reasons for Adopting the Parliamentary System in India
- Familiarity: The framers were acquainted with the parliamentary system from British rule, making it a natural choice.
- Responsibility: Dr. B.R. Ambedkar emphasised the need for a democratic executive to ensure stability and responsibility.
- Avoiding Conflicts: The parliamentary system helps prevent conflicts between the legislature and executive, crucial for a young democracy like India.
- Representation: Given India's diverse society, the parliamentary system ensures representation of various sections and interests through small constituencies.
KNOWLEDGE NUGGET
- Parliamentary System: Also called Cabinet Government, Responsible Government, or Westminster Model.
- Key Articles: Articles 74, 75 (Centre); Articles 163, 164 (States).
- India adopted: Parliamentary system over Presidential system due to familiarity, responsibility, and representation.
5. Features of Parliamentary System in India
- Nominal and Real Executives: The President is the nominal head (de jure, Article 74), while the Prime Minister is the real head (de facto, Article 75).
- Majority Party Rule: The party with the majority in the Lok Sabha forms the government. The President appoints the PM (Article 75) and ministers on the PM's advice.
- Collective Responsibility: Ministers are collectively responsible to the Lok Sabha (Article 75), which can remove them through a no-confidence motion. [UPSC 2015]
- Double Membership: Ministers belong to both executive and legislature (Article 75).
- Dissolution of Lok Sabha: The President, on the PM's advice, can dissolve the Lok Sabha before its term (Article 85).
- Secrecy: Ministers maintain confidentiality in their decisions and proceedings (Article 75).
📝 UPSC Previous Year Questions:
- UPSC Prelims 2017: The Constitution of India provides for a parliamentary form of government, both at the Centre and in the states. Answer: True.
- UPSC Prelims 2015: Ministers are collectively responsible to the Lok Sabha and can be removed through a no-confidence motion. Answer: True.
6. Distinction Between Indian and British Models
| Indian | British |
|---|---|
| Republican system with an indirectly elected President as head of State. | Monarchical system with a hereditary King/Queen as Head of State. |
| Based on Constitutional Supremacy. | Based on Parliamentary Sovereignty. [UPSC 2021] |
| The PM may be a member of any House (Lok Sabha or Rajya Sabha). | The PM must be a member of the Lower House (House of Commons). |
| Non-Parliament members can be appointed as ministers for six months. | Ministers are usually members of Parliament only. |
| No system of legal responsibility; ministers do not countersign official acts. | Ministers have a system of legal responsibility; they must countersign acts. |
| No institution of Shadow Cabinet. | Shadow Cabinet formed by the opposition to balance the ruling cabinet and prepare future ministers. |
KEY DIFFERENCE
The Indian model is based on Constitutional Supremacy (like the USA), while the British model is based on Parliamentary Sovereignty. This is the fundamental distinction between the two systems. [UPSC 2021]
The Indian model is based on Constitutional Supremacy (like the USA), while the British model is based on Parliamentary Sovereignty. This is the fundamental distinction between the two systems. [UPSC 2021]
7. Indian Constitution and Federal System
- The USA, the first and oldest federation in the world, was formed in 1787 following the American Revolution (1775–83).
- The Constitution of India establishes a federal system of government, although the term federation is not explicitly mentioned.
- Unlike the USA, Indian federalism did not arise from agreements among states; it is modelled after the Canadian system.
- Indian federalism is not the result of an agreement among the federating units. [UPSC 2017]
Federal Structure
- India is described as a 'Union of States' (Article 1), reflecting its sociocultural diversity and large size.
- This structure allows for a quasi-federal system that accommodates regional autonomy while maintaining a strong central authority.
Quasi-Federal
- The federalism in India represents a compromise between the following two conflicting considerations:
- Normal division of powers under which states enjoy autonomy within their own spheres
- Need for national integrity and a strong Union government under exceptional circumstances
Supreme Court Ruling
- The S.R. Bommai case (1994) affirmed federalism as a basic structure; states possess supreme authority within their sphere, recognising practical realities.
8. Political Scientists and Their Descriptions of Indian Federation
| Political Scientist | Description |
|---|---|
| Paul Appleby | Describes the Indian system as extremely federal. |
| Morris Jones | Refers to it as "bargaining federalism", indicating negotiations among different levels of government. |
| Ivor Jennings | Characterises it as a federation with a strong centralising tendency, noting that the Indian Constitution has unique safeguards to enforce national unity and growth. |
| Alexandrowicz | States that India is a case sui generis, emphasising its unique character. |
| Granville Austin | Calls Indian federalism "cooperative federalism", describing it as a new kind of federation tailored to meet India's specific needs. |
| K.C. Wheare | Considers India a semi-federal or quasi-federal state, highlighting its mixed characteristics. |
| K. Santhanam | Points out the unitary bias of the system due to central financial dominance. |
| Dr. B.R. Ambedkar | Emphasises that India's federation is indestructible and not formed by agreements among states, stating, "The Indian Constitution is a Federal Constitution with a dual polity - both the Union and the states derive their authority from the Constitution." |
9. Federal and Unitary Features of the Indian Constitution
FEDERAL FEATURES
- Dual Polity: Union handles national matters, States handle local issues (Article 246).
- Written Constitution: World's longest constitution with clear Centre-State jurisdictions.
- Division of Powers: Centre and States legislate on concurrent subjects, but Centre prevails in conflicts. [UPSC 2017]
- Supremacy of Constitution: It's the Supreme law, enforced by Judicial review (Article 13).
- Rigid Constitution: Federal structure amendments need special procedures (Article 368).
- Bicameralism: Rajya Sabha represents States; Lok Sabha represents people (Article 79).
- Independent Judiciary: Supreme Court settles Centre-State disputes and guards constitutional supremacy (Articles 131, 32, 136). [UPSC 2017/2021]
UNITARY FEATURES
- Strong Centre: Union has more important subjects (Articles 248, 249) and overriding power on the Concurrent List.
- Single Constitution: Same constitution for Centre and States.
- No Equal State Representation: Rajya Sabha representation is population-based. [UPSC 2017]
- States Not Indestructible: Parliament can change state boundaries (Article 3).
- Flexible Constitution: Most provisions amended by Parliament alone (Article 368).
- Emergency Provisions: Centre gained complete control during emergencies (Articles 352, 356, 360).
- Single Citizenship: Equal rights nationwide (Articles 5-11).
- Integrated Judiciary: Supreme Court oversees both Central and State laws (Article 141).
- All-India Services: Centrally controlled services (IAS, IPS, IFS) (Article 312).
- Integrated Audit: CAG audits both Centre and States (Article 148).
- Governor's Appointment: By the President, acts as Centre's representative (Articles 155-156).
- Parliament's Authority: Can legislate on State List if necessary (Article 249).
- Veto Over State Bills: Governor can refer bills to the President (Article 200).
📝 UPSC Previous Year Questions:
- UPSC Prelims 2017: Indian federalism is not the result of an agreement among the federating units. Answer: True.
- UPSC Prelims 2017: The Supreme Court settles Centre-State disputes and guards constitutional supremacy. Answer: True.
- UPSC Prelims 2017: Rajya Sabha representation is population-based, not equal representation like in the USA. Answer: True.
10. Comparison of Indian Constitution with the World
| Feature | India | United Kingdom | United States | Canada | France | Japan | South Africa |
|---|---|---|---|---|---|---|---|
| Type of Constitution | Written and lengthy | Unwritten, based on statutes, conventions, and treaties | Written and codified | Written and codified | Written and codified | Written and codified | Written and codified |
| Fundamental Rights | Yes, detailed in Part III | Not explicitly stated; rights derived from common law and statutes | Yes, Bill of Rights (first ten amendments) | Yes, in the Canadian Charter of Rights and Freedoms | Yes, in the Declaration of the Rights of Man and Citizen | Yes, guaranteed under Article 11 of the Constitution | Yes, in the Bill of Rights (Chapter 2 of the Constitution) |
| Amendment Process | Rigid and flexible (different procedures) | Not formalised; based on parliamentary sovereignty | Rigid; requires supermajority in Congress and state ratification | Flexible; requires a majority in Parliament | Rigid; requires a majority in both houses and approval by referendum | Rigid; requires a majority in both houses and a majority vote | Rigid; requires a two-thirds majority in Parliament |
| Separation of Powers | Yes, clear separation among Executive, Legislature, and Judiciary | No strict separation; Parliament holds supreme authority | Yes, clear separation among Executive, Legislature, and Judiciary | Yes, clear separation, with parliamentary system | Yes, clear separation among Executive, Legislature, and Judiciary | Yes, clear separation among Executive, Legislature, and Judiciary | Yes, clear separation among Executive, Legislature, and Judiciary |
| Judicial Review | Yes, the Supreme Court has the power of judicial review | No formal judicial review; Parliament is sovereign | Yes, power of judicial review established in Marbury v. Madison | Yes, the Supreme Court has judicial review authority | Yes, Constitutional Council ensures compliance with the Constitution | Yes, the Supreme Court can review laws for constitutionality | Yes, the Constitutional Court has the power of judicial review |
| System of Government | Parliamentary system (Quasi-federal) | Parliamentary system (Unitary with devolved powers) | Federal system | Federal system | Semi-presidential system (Unitary, but regions have some autonomy) | Parliamentary system (Unitary system but recognises local autonomy) | Parliamentary republic (Unitary system) |
| Head of State | President (Ceremonial role) | Monarch (Ceremonial role) | President (Executive role) | Monarch (Ceremonial role) | President (Executive role) | Emperor (Ceremonial role) | President (Executive role) |
| Party System | Multi-party system | Two-party system | Two-party system | Multi-party system | Multi-party system | Multi-party system | Multi-party system |
| Emergency Powers | President can declare national emergency | Government can declare state of emergency | President can declare national emergency | Prime Minister can declare national emergency | President can declare state of emergency | Prime Minister can declare state of emergency | President can declare state of emergency |
| Official Language | Hindi and English | English | No official language at the federal level | English and French | French | Japanese | English and Afrikaans |
11. Summary: System of Government at a Glance
Key Takeaways for UPSC
- State: Permanent institution with sovereignty, territory, and population. [UPSC 2021]
- Constitutional Government: Places restrictions on State authority for individual liberty. [UPSC 2014, 2020]
- India's System: Parliamentary form of government (Westminster model). [UPSC 2017]
- Parliamentary Features: Nominal/Real Executive, Collective Responsibility, Double Membership. [UPSC 2015]
- Federal System: India is a 'Union of States' (Article 1) — quasi-federal with unitary bias.
- Indian vs British: India — Constitutional Supremacy; Britain — Parliamentary Sovereignty. [UPSC 2021]
- Key Scholars: Granville Austin — Cooperative Federalism; K.C. Wheare — Quasi-federal; Dr. B.R. Ambedkar — Indestructible Federation.
- Federal Features: Dual Polity, Written Constitution, Division of Powers, Bicameralism.
- Unitary Features: Strong Centre, Single Citizenship, Emergency Provisions, All-India Services.
- S.R. Bommai Case (1994): Federalism is part of Basic Structure.
High-Yield Interactive UPSC Quiz (System of Government)
Q1. Which Article of the Indian Constitution designates India as a 'Union of States'?
Correct Answer: A. Article 1 of the Indian Constitution designates India as a 'Union of States'. The term 'Federation' is not used in the Constitution.
Q2. The Indian parliamentary system is based on which model?
Correct Answer: C. The Indian parliamentary system is based on the British Westminster Model. It is also known as Cabinet Government or Responsible Government.
Q3. Which of the following is NOT a feature of the Parliamentary System?
Correct Answer: C. Fixed tenure of executive is a feature of the Presidential System, not the Parliamentary System. In a Parliamentary System, the executive can be removed by a vote of no confidence.
Q4. The term 'Constitutional Government' means:
Correct Answer: C. A Constitutional Government operates within the limitations set by a country's constitution, serving as the supreme law of the land. It places effective restrictions on the authority of the state in the interest of individual liberty. [UPSC 2020, 2021]
Q5. Which political scientist described Indian federalism as 'Cooperative Federalism'?
Correct Answer: C. Granville Austin described Indian federalism as "Cooperative Federalism," describing it as a new kind of federation tailored to meet India's specific needs.
Q6. Which landmark case affirmed federalism as a 'Basic Structure' of the Indian Constitution?
Correct Answer: C. The S.R. Bommai Case (1994) affirmed federalism as a 'Basic Structure' of the Indian Constitution. States possess supreme authority within their sphere.
Q7. In the Indian parliamentary system, the Prime Minister can be a member of:
Correct Answer: C. In India, the Prime Minister may be a member of either Lok Sabha or Rajya Sabha. This is different from the British system where the PM must be a member of the House of Commons.
Q8. The Indian Constitution is based on:
Correct Answer: B. The Indian Constitution is based on Constitutional Supremacy, unlike the British model which is based on Parliamentary Sovereignty. [UPSC 2021]
Q9. The Vice-President of India is the ex-officio Chairman of which House?
Correct Answer: B. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha (Council of States). This is a key feature of the parliamentary system in India.
Q10. A system where regional governments maintain most power with a weak central authority is called:
Correct Answer: C. In a Confederate System, regional governments maintain most power, with a weak central authority that relies on voluntary compliance. Examples include the former Soviet Union and Switzerland's canton system.