Parliamentary or Presidential form of government? What's in the name?

date: "2023-09-28"

categories:

  • "democracy"
  • "politics"

Both forms of government are dedicated to upholding democracy and ensuring the separation of power among the executive, legislative, and judicial branches. They also aim to establish checks and balances within the system.

Warning: The blog can become a bit longer, but I will highlight key takeaway points.

Today, we will compare two countries: the USA, which is considered to have a presidential system of government, and India, which is known for its parliamentary form of government. We will discuss countries like the UK with a parliamentary system on another day.

Both of the countries select their head, in India, the head of the country is called the Prime Minister, whereas in the USA, they are called the President

This is how President of USA are selected:

The President of the United States is selected through a multi-step process that includes both primary elections and a general election. Here's an overview of how the President of the USA is selected:

  1. Primaries and Caucuses: Before the general election, political parties (primarily the Democratic and Republican parties) hold a series of primary elections and caucuses in each state. During these events, registered party members vote for their preferred presidential candidate. The outcomes of these primaries and caucuses determine the number of delegates each candidate receives.

  2. National Conventions: Each political party holds a national convention, usually in the summer before the general election. Delegates from the primaries and caucuses attend these conventions, where they officially nominate their party's candidate for President. The candidate typically selects a vice-presidential running mate during or before the convention.

  3. General Election: The general election occurs on the first Tuesday in November of every fourth year. Registered voters across the United States cast their ballots for their preferred presidential candidate. However, voters technically vote for a slate of electors chosen by their party, known as the Electoral College.

  4. Electoral College: In the Electoral College system, each state has a certain number of electors based on its representation in Congress (Senators and House of Representatives). Most states use a winner-takes-all approach, where the candidate who wins the popular vote in a state receives all of its electoral votes.

  5. Electoral Vote Count: In December following the election, the electors in each state gather in their respective state capitals and cast their votes for President and Vice President. The results are then sent to the President of the Senate (the Vice President of the United States).

  6. Congressional Certification: Congress meets in early January to count and certify the electoral votes. If a candidate receives a majority of electoral votes (at least 270 out of 538), they are declared the President-elect.

  7. Inauguration: The President-elect is officially inaugurated and takes the oath of office on January 20th of the following year, marking the beginning of their four-year term in office.

It's important to note that the process may vary slightly between states due to differences in election laws and practices. The winner of the popular vote in each state typically receives all of that state's electoral votes, except in Maine and Nebraska, which allocate their electoral votes based on congressional district results.

President and vice president of USA are not elected directly by citizens. Instead, they are chosen by "electors" through a process called the Electoral College. Each state’s political parties choose their own slate of potential electors. Who is chosen to be an elector, how, and when varies by state.

https://www.usa.gov/electoral-college

The size of the electoral college in the United States is 538 electors. Each state has a number of electors equal to the total of its Senators (always two) plus the number of its Representatives in the House of Representatives (which can vary based on a state's population).

How Prime Minster of India is selected?

The Prime Minister of India is selected through a process that involves several key steps, primarily within the parliamentary system of India. Here's how the Prime Minister of India is typically selected:

General Elections:

  • The process begins with the general elections held in India, which determine the composition of the Lok Sabha, the lower house of India's Parliament. Lok Sabha members are directly elected by eligible voters from their respective constituencies.

Formation of a Political Party or Coalition:

  • Before the general elections, political parties or alliances are formed, and each party or alliance fields candidates to contest the elections. These candidates compete for the 545 elected seats in the Lok Sabha.

Winning Majority or Coalition Support:

  • After the general elections, the political party or alliance that wins an absolute majority of seats in the Lok Sabha (i.e., more than half of the total seats) is typically invited by the President of India to form the government.

  • If no single party secures an absolute majority, a coalition government may be formed with the support of other parties or independent members to achieve a majority.

Selection of the Prime Minister:

  • The leader of the political party or alliance that has secured the majority of seats in the Lok Sabha is usually invited by the President to become the Prime Minister.

  • The Prime Minister is typically the leader of the majority party or coalition, and this leader is expected to command the confidence of the Lok Sabha members.

Oath of Office:

  • Once invited, the selected leader becomes the Prime Minister and is sworn in at an official ceremony. The oath of office and secrecy is administered by the President of India.

Functioning as Prime Minister:

  • As Prime Minister, the individual assumes the role of the head of government and is responsible for forming the Council of Ministers, which includes various ministries and cabinet positions.

  • The Prime Minister plays a central role in the formulation and implementation of government policies, decision-making, and representing India domestically and internationally.

It's important to note that the selection of the Prime Minister is based on the political party or coalition that commands a majority in the Lok Sabha. The President of India has a largely ceremonial role in this process and is constitutionally bound to invite the leader of the majority party or alliance to form the government. The Prime Minister's tenure is not fixed but depends on the support and confidence of the majority in the Lok Sabha.

In summary, the Prime Minister of India is selected based on the outcome of general elections, party politics, and parliamentary support, making the position highly dependent on the democratic process and the will of the electorate.

So, basically, the Prime Minister is selected by the party or coalition that wins an absolute majority (i.e., more than half of the total seats of Lok Sabha).

The appointment of the President in the USA and the appointment of the Prime Minister in India are basically similar. Both processes depend on an absolute majority. In the USA, it relies on 538 electors, whereas in India, it depends on 543 Lok Sabha members. While voting takes place in the USA, in India, it is done through discussions among winning party members.

Legislative bodies of USA:

In the United States, "Congress" refers to the legislative branch of the federal government, which is responsible for making and passing federal laws. Congress is a bicameral legislature, meaning it has two separate chambers:

  1. The House of Representatives: The House of Representatives, often referred to simply as "the House," is one of the two chambers of Congress. It is the lower house of Congress and is made up of members known as "Representatives" or "Congresspeople." The number of Representatives in the House is determined by the population of each state, with each state having at least one Representative. Representatives are elected by the residents of their respective congressional districts for two-year terms. The primary responsibilities of the House include initiating revenue-related bills and representing the interests of the people in their districts.

  2. The Senate: The Senate is the upper house of Congress. Each state, regardless of its population, is represented by two Senators. Senators are elected by the residents of their respective states for six-year terms, with staggered elections ensuring that approximately one-third of the Senate seats are up for election every two years. The Senate has several unique powers, including providing "advice and consent" for presidential appointments (such as federal judges and cabinet members) and ratifying international treaties.

Key Functions of Congress:

  • Lawmaking: Congress is responsible for drafting, debating, amending, and passing federal laws. Proposed legislation, known as bills, can originate in either the House or the Senate. For a bill to become law, it must pass both chambers in identical form and be signed by the President.

  • Representation: Members of Congress represent the interests and concerns of their constituents, whether they are residents of specific congressional districts (House members) or entire states (Senators).

  • Oversight: Congress has the authority to oversee and investigate the activities of the executive branch of government, ensuring that federal agencies and officials are acting in accordance with the law.

  • Impeachment: The House of Representatives has the power to impeach federal officials, including the President, while the Senate holds impeachment trials and can remove officials from office upon conviction.

  • Budget and Appropriations: Congress is responsible for approving the federal budget, including allocating funds for various government programs and agencies.

  • Ratifying Treaties and Confirming Appointments: The Senate plays a critical role in ratifying international treaties negotiated by the President and confirming presidential appointments to key positions in the federal government.

Overall, Congress serves as a vital component of the system of checks and balances in the U.S. government, ensuring that no single branch of government accumulates excessive power. It plays a central role in shaping the nation's laws and policies.

Similarly, in India we have Lok Sabha the lower house, and Rajya Sabha the upper house.

Now, let's delve into the executive bodies and how they differ between the two countries:

The executive branch of the United States is called the "Executive Branch of the U.S. Government" or simply the "U.S. Executive Branch." The head of the executive branch is the President of the United States. Members of the executive branch are selected through various methods, and the key positions within the branch are appointed by the President with the approval, in some cases, of the U.S. Senate. Here's an overview:

President of the United States:

  • Selection: The President is elected through a nationwide election known as the "Presidential Election."

  • Term: The President serves a four-year term and can be reelected for one additional term.

  • Eligibility: To run for President, a candidate must be a natural-born U.S. citizen, at least 35 years old, and have been a resident of the United States for at least 14 years.

Vice President:

  • Selection: The Vice President is also elected through the Presidential Election, but they run as the President's running mate.

  • Role: The Vice President's primary role is to succeed the President in case of the President's death, resignation, or inability to carry out their duties. The Vice President also serves as the President of the Senate and has ceremonial and advisory duties.

Cabinet Members:

  • Selection: Cabinet members are appointed by the President and are subject to Senate confirmation (approval).

  • Roles: The Cabinet includes heads of executive departments such as the Secretary of State, Secretary of Defense, Secretary of the Treasury, and others. Each Cabinet member is responsible for overseeing a specific area of government policy and administration.

Federal Agencies and Bureaucracy:

  • Selection: The heads of various federal agencies and departments are appointed by the President and confirmed by the Senate.

  • Role: These officials manage the day-to-day operations of the federal government and implement the policies set by the President.

Federal Judges and Justices:

  • Selection: Federal judges, including Supreme Court Justices, are nominated by the President and must be confirmed by the Senate.

  • Role: Federal judges preside over federal courts and interpret and apply federal laws, including the U.S. Constitution.

Independent Agencies and Commissions:

  • Selection: Some agencies and commissions are led by individuals who are appointed by the President and confirmed by the Senate.

  • Role: These entities have specific areas of focus, such as the Federal Reserve, the Federal Communications Commission (FCC), and the Securities and Exchange Commission (SEC).

Overall, the U.S. Executive Branch is responsible for implementing and enforcing federal laws, managing the government, conducting foreign affairs, and overseeing various aspects of national policy. The President, as the head of this branch, plays a central role in shaping the direction of the executive branch's activities and policies.

The Executive Branch

https://www.whitehouse.gov/about-the-white-house/our-government/the-executive-branch/

But how executive bodies in India works and how cabinet ministries of India is selected?

In India, ministries are selected through a process that involves the appointment of ministers by the President of India on the recommendation of the Prime Minister. Here's an overview of how ministries are selected in India:

General Election:

  • Ministries in India are formed after a general election to the Lok Sabha (the lower house of India's Parliament) or following the formation of a coalition government if no single party has an absolute majority.

Selection of the Prime Minister:

  • After the election results are known, the leader of the political party or coalition that secures a majority of seats in the Lok Sabha is invited by the President to become the Prime Minister.

  • The Prime Minister is usually the leader of the political party with the largest number of seats in the Lok Sabha.

Appointment of Cabinet Ministers:

  • The Prime Minister, once appointed, selects individuals to serve as ministers in the Council of Ministers, which includes various ministries.

  • The selection of ministers is made by the Prime Minister based on various factors, including party loyalty, competence, seniority, and regional representation.

  • The Prime Minister may consult with senior party leaders and take into account the political dynamics and alliances within the ruling coalition.

Allocation of Portfolios:

  • After selecting the ministers, the Prime Minister allocates specific portfolios or ministries to each minister. These portfolios determine the area of government policy and administration that each minister is responsible for.

  • The allocation of portfolios is typically based on the qualifications, expertise, and interests of the ministers, as well as the priorities of the government.

Swearing-In Ceremony:

  • The selected ministers are formally sworn in at a ceremony held at the Rashtrapati Bhavan (the official residence of the President of India) in the presence of the President and other dignitaries.

  • The oath of office and secrecy is administered to each minister, and they officially assume their roles.

Functioning of Ministries:

  • Once in office, each minister is responsible for overseeing and managing their respective ministry's activities, policies, and programs.

  • Ministries play a crucial role in formulating and implementing government policies, as well as delivering public services in their respective areas of responsibility.

It's important to note that the Council of Ministers includes various types of ministers, such as Cabinet Ministers (senior ministers), Ministers of State (with or without independent charge), and Deputy Ministers. The specific responsibilities and hierarchy within the Council of Ministers can vary.

Additionally, the composition of ministries may change over time due to reshuffles, resignations, or other political developments, with the Prime Minister having the authority to make changes as needed to effectively govern the country.

Here is the big difference in the selection of cabinet ministers in the USA compared to India. In India, cabinet ministers are selected by the Prime Minister, whereas in the USA, although they are selected by the President, it requires Senate approval (in the upper house) through a voting process. A majority vote of the Senate committee is required.

The confirmation of Cabinet members in the executive branch of the United States is done through a process involving the Senate. Here's how it works:

Nomination by the President:

  • The President of the United States nominates individuals to serve in various Cabinet positions, such as the Secretary of State, Secretary of Defense, Secretary of the Treasury, and others. These nominees are typically selected based on their qualifications and alignment with the President's policy goals.

Senate Committee Hearings:

  • After the President makes nominations, the Senate holds confirmation hearings for each nominee. These hearings are conducted by Senate committees responsible for the respective Cabinet positions. For example, the Senate Foreign Relations Committee conducts hearings for the Secretary of State nominee.

  • During these hearings, nominees are questioned by senators about their qualifications, views, and potential conflicts of interest. Senators may also seek assurances about how nominees plan to fulfill their duties.

Senate Committee Vote:

  • Following the confirmation hearings, the Senate committees vote on whether to recommend the nominee's confirmation to the full Senate. A majority vote in favor is required for the nominee to move forward in the process.

Full Senate Confirmation:

  • The nominee's confirmation is then considered by the full U.S. Senate. Senators debate the nomination on the Senate floor, and a final confirmation vote is held.

  • A simple majority vote in the Senate is required for the nominee to be confirmed. If a majority of senators vote in favor of confirmation, the nominee is officially confirmed to the Cabinet position.

Oath of Office:

  • Once confirmed by the Senate, the nominee takes the oath of office and officially assumes their role as a member of the President's Cabinet.

The confirmation process serves as a critical check and balance in the U.S. government. It allows the Senate, which represents the states and their interests, to exercise oversight over the President's executive branch appointments. It also ensures that Cabinet members are qualified and capable of fulfilling their roles effectively.

Confirmation hearings can be high-profile events, particularly when nominees face questions and scrutiny from senators and the public. While the process is designed to be thorough, it is ultimately a political one, with the President's party typically having a significant influence over the outcome of confirmations.

In the United States, the executive branch is typically considered more independent than in India, primarily because it requires a broader consensus from the upper house. In contrast, in India, the Prime Minister has the authority to appoint ministers at their discretion, which can lead to a potential conflict of interest. For example, ministers may serve as mere marketing agents for the Prime Minister, aiming to enhance the Prime Minister's image. It's worth noting that, even though laws are meant to be the same for everyone, there can be discrimination in their execution by ministers based on their interests. One example of this can be selective enforcement of corruption laws, with a bias towards opposition parties, while members of their own party may go unpunished for similar violations.

To Do!

The USA has a two-party system. Is it because the USA has a presidential form of government?

How bill is passed in two countries?

No confidence motion versus impeachment.

Two-third majority vs Simple Majority

Power and independence of states and state assembly

How independent is judiciary in both the countries, and how judges are appointed?