HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, SHIMLA

ASSIGNMENT

TOPIC:

FEATURES OF THE PRESIDENTIAL FORM OF

GOVERNMENT
SUBMITTED TO DR.VED PRAKASH

ASSISTANT PROFESSOR OF POLITICAL SCIENCE

NAME: LILLY SINGH

BA LLB SECTION A
2022-27
1020220061
 DECLARATION

LILLY SINGH
Student Name

1020220061

Enrolment No.

BA LLB ( Hons)
Course Name

BL 101
Course Code

25 November 2022
Due Date

Teacher/ Supervisor Dr Ved Prakash

I hereby declare that this assignment has been written by me and is a result of my endeavours

has not been used for another exam at any other department/ university/ college in India
or any other country
does not refer to/ quote work of others without stating it in the reference list
does not refer to/ quote previous writings of my own without stating it both in the text
and in the reference list
mentions, explicitly, all sources of information in the reference list.

I am aware of the fact that violation of these clauses is regarded as plagiarism and can result in
the annulment of my assignment.

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 CONTENTS

1. ACKNOWLEDGEMENT Pg 4

2. INTRODUCTION TO PRESIDENTIAL FORM OF GOVERNMENT Pg 5

3. PRESIDENTIAL SYSTEM IN THE UNITED STATES Pg 7

4. MERITS OF PRESIDENTIAL FORM OF GOVERNMENT Pg 9

5. DEMERITS OF PRESIDENTIAL FORM OF GOVERNMENT Pg 11

6. CONCLUSION Pg 13

7. BIBLIOGRAPHY Pg 14

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 ACKNOWLEDGMENT

Every project, however big or small it may be and however important it is, is thriving mainly due
to the efforts and dedication of several persons who have helped in whatever way they can by
providing information related to it or by giving advice that is essential in the completion of the
project. I sincerely appreciate the assistance of these people and thank them for their support and
guidance, which was instrumental in making this project a success.

I, Lilly Singh, a student of Himachal Pradesh National Law University (Shimla), am grateful to
the University for the confidence bestowed on me and for entrusting my ability.

I also appreciate and extend my thanks to my project guide, DR. Ved Prakash, who mentored me
while compiling the project. His insight has been precious in the completion of this project.

I want to show my gratitude to my parents and friends for sharing their pearls of wisdom with
me during the course of this research work.

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 1. INTRODUCTION TO PRESIDENTIAL FORM OF
GOVERNMENT

1. A presidential system is a form of government in which the chief executive is directly

elected by the people. In this system, the executive, legislative, and judicial branches are
all constitutionally independent from one another, and none of them has the authority
over any other to be destroyed. When it comes to upholding laws, the president is
accountable, whereas the legislature is along with the courts for adjudication. Each is
granted specific authority to counterbalance the others.

2. The legislative and executive branches of government are separate in a presidential

administration. There is a divide between the two that is nearly equivalent. The executive
is not a product of the legislature, and it is neither reliant on it to hold office nor is it
accountable to it for its public actions.

3. In both law and fact, the President is the actual executive. This authority was granted
directly by the constituent authorities through explicit provisions of the constitution to the
President, who serves as the head of state. All "ministers" or "cabinet members" are
effectively the President's subordinates because he serves as both the Chief Executive and
the Executive, denying them the more independent roles of ministers in a Parliamentary
government.

4. Not all presidential systems use the term "president." Other systems occasionally make
use of the title. When such a person personally presided over the governing body, as was
the case with the President of the Continental Congress in the early United States, it was
a time before the executive function was divided into a separate department of the
government. Presidents in semi-presidential systems may also use it. In parliamentary
republics, presidents are the theoretically titled, generally ceremonial, heads of state.
Presidents are frequently used to refer to leaders of one-party states or dictatorships,
regardless of whether the public chose them.

5. It is inaccurate to refer to the presidential cabinet members as "ministers." In the

Presidential system, neither a "cabinet" nor "ministers" exist. Both are outcomes of the
parliamentary system. In a presidential system, neither the members of the so-called
cabinet nor the party that controls the legislature is members of the legislature. They are
excluded from the legislative process. They don't participate in the discussions and lack
the legal authority to propose legislation, oversee its implementation, defend the
government's policies, or demand its support.

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 .
6. The cabinet lacks the authority to recommend dissolving the legislature and making an
election-related appeal if the legislature rejects their programme. They do not, in fact,
have any independent policies. The head of the State, who appoints them and keeps them
in office for as long it pleases him, determines the government's policies. They owe him
their all and have no other obligations.

7. In a presidential system, the chief executive has a position separate from, and concurrent
with, the legislative and is not under its direction or control for the duration of his tenure
in office or with regard to how he uses his duties. The chief executive's and his
administrative officers' responsibilities—cabinet members who are legally known as
Secretaries in the United States—reside entirely with the executive either. The duties of
the Chief Executive and his administrative officers' members or employees are not related
to the legislative tasks, aside from the possibility that it is their responsibility to inform
the legislature of the need for legislation so that their executive and administrative tasks
can be carried out more efficiently.

8. A presidential system of government, in Garner's opinion, is a ''residential government

as contra-distinguished from the cabinet or parliamentary government is that system in
which the executive (including both the head of the state and his ministers) is
constitutionally independent of the legislature with respect to the duration of his or their
tenure and irresponsible to it for his or their political policies''. The system is not
presidential because the chief executive is an elected president; instead, it is presidential
because the President is the actual executive and is not subject to legislative supervision
or removal from office.

9. The United States is where the presidential system of governance first emerged. It is
presently limited to a few nations that are solely in the Western hemisphere, as well as
certain other nations. General Ayub Khan introduced this system into Pakistan, which
then switched back to the Parliamentary system in 1973.

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 2. PRESIDENTIAL SYSTEM IN THE UNITED STATES

1. It will be enlightening to know the causes of its inception in the United States and the
configuration of its adopted political system. The American Constitution's authors
opposed the Cabinet government system for two reasons.

2. First and foremost, Americans were drawn to Montesquieu's notion of the Separation of
Powers. Popular sovereignty, the inevitable outcome of the theory of limited government,
persuaded the Constitution's founders that separating the three branches of government
was essential because it prevented authoritarianism and totalitarianism. They argued that
if liberty was to exist, political power should not be concentrated in only one branch of
government.

3. Second, they were aware that the Cabinet government could only operate if the country's
existence was divided among various political parties, each of which had its own distinct
programme platform. In the view of the Constitution's drafters of America, political
parties damaged national unity by causing stark divisions when the new nation needed to
be united despite the diversity in the new country.

4. They, accordingly, created an executive department independent of and coordinated with

the legislative department, an "energetic yet dignified" executive capable of firmly
enforcing national laws and one which should lend a note of the new government's
stability.

5. One of the world's most powerful political positions is the United States presidency.
Except for the dictators in Central Europe, its occupant has emerged as the most potent
head of state in modern history. Except for the requirement that the Senate ratify all
appointments he makes and agreements he makes while in office, he is free to exercise
his authority and serve as president. Only the Senate can impeach him. His removal from
office and disqualification from holding and benefiting from any position of honour, trust,
or profit in the United States cannot be the only consequence of the Senate's conviction.

6. The President is aided in performing his executive duties by his ten secretaries, currently
the heads of various departments. The President's secretaries are essentially his personal
aids. He appoints them, and he holds them accountable. Each of them is not a
representative in Congress and is not accountable to it. Despite being commonly referred
to as "Cabinet" in widespread usage, designating these departmental heads by that name
is inaccurate. The President cannot delegate authority to this body or any of its officers.

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 He cannot hold them individually or collectively responsible for the policies and deeds of
the federal government, which he is in charge of, in front of the legislature or the nation.
They only have duties to the President. In the United States, "Cabinet" is merely the
President's construct. It is a body that is neither statutory nor constitutional. It exists
simply out of custom, and the President is free to do away with it.

7. The way it works now is that the cabinet meets once a week on average, with the
President bringing questions to the group for which he feels he needs their input and the
members bringing topics from their departments that they think call for a "cabinet"
conference and general debate. Votes are rarely taken since they serve no purpose other
than to secure a statement of opinion. Members of the "Cabinet" do not have the same
corporate rights as in Britain, and even if they were taken, they would be worthless.

8. Two stories, one about America and the other about Britain, serve as excellent examples
of this. President Lincon announced, "Seven nays, one aye, the ayes have it," after a
"cabinet" meeting in which he discovered that every member opposed him. This mindset
is sometimes contrasted with that of Lord Melbourne, who said, "It does not matter what
we shall say, as long as we all say the same thing," while bringing an issue on corm laws
to the voting in the cabinet. The cabinet has been aptly compared to the President's family
in the United States.

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 MERITS OF PRESIDENTIAL FORM OF GOVERNMENT

1. Representational Nature
The primary advantage of the presidential system is that, despite not being accountable, it
still has a representative nature. The President is a chosen official of the people.
Nevertheless, his term in office ensures greater excellent policy continuity and
steadfastness in administration, and it may be carried out efficiently without any worry of
rupture.

2. Establishes a Stable Executive in a democratic Framework

The main benefit of the presidential system is that it establishes a stable executive inside
a democratic framework. This denotes administration with haste, vigour, and initiative.
All executive power is concentrated in one place, and the head of state also serves as an
executive. He is indeed the generalissimo (supreme leader) of administration. Thus there
is no way that his policies could be divided. His secretaries or "ministers" carry out the
decisions he has made.

3. Speed in decision-making
The Presidential system is most able to achieve the unity of control, speed of
decision-making, and concerted policy that an emergency of any kind may need. The
head of state directs the nation's armed forces as Commander-in-Chief and is responsible
for setting foreign policy. As Commander-in-Chief, he could even assume charge of
military operations in the event of conflict and successfully manage crucial domestic and
international concerns, much like W. Wilson. Franklin D. Roosevelt did for the United
States during the two world wars. In a government run by a cabinet, none of this is
feasible.

4. Trust of people in the President

The President is not just a party leader; he or she is also the head of the country. He gains
more respect, fame, and power as a result. The country trusts him to lead it through any
emergency.

5. Highly skilled Cabinet

The Presidential system also enables the selection of professionals to lead the various
government ministries without considering their partisan allegiance. In a parliamentary
system, a prime minister typically cannot do this. A cabinet needs to be composed of
people who share the same political beliefs to function as a cohesive unit. Again, a prime
minister has a choice in choosing his cabinet members, but the people and his party
expect certain persons to be in the position. Therefore, rather than being based on a

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 minister's capacity for the job at hand, allocating various departments to ministers is a
matter of political deliberation and practicality. The President is not burdened by any
political expediency and is not concerned about any potential party crises.

6. Stable and efficient Cabinet

The amount of work assigned to Congress by the President's secretaries, often known as
"cabinet ministers," is minimal because they are not legislature members. Additionally,
they do not have any supporters or supporters to encourage on election day. Thus, they
are free to focus solely on administrative tasks and pursue government goals without
being influenced by political pressures. There is still another benefit. The turmoil of the
party spirit is less pronounced since the administration is not answerable to the
legislative, and its unfavourable vote does not cause a crisis in the government.
Additionally, it is asserted that there is more stability because of the system of checks and
balances, and the administrative apparatus operates more effectively and efficiently.

7. One umbrella for Various Interests

The supporters of the presidential form contend that such a system is ideal for nations
with a variety of communities and interests. Under these circumstances, it is impossible
to guarantee the homogeneous dual-party system that is so necessary for a Cabinet
government to function successfully. When the population is split both horizontally and
vertically, a multiple-party system is typically the result. However, a government that was
created from disparate parts is a weak and unstable one. There is a "solidarity" executive
in a presidential system. The precise centre of responsibility is the President. The makeup
of the legislature has no bearing on the creation or continuation of government.
Nevertheless, the two-party system is firmly entrenched in the US.

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 DEMERITS OF THE PRESIDENTIAL FORM OF
GOVERNMENT

1. Separates Government into Inaccessible Units

Numerous people oppose the presidential system, arguing that because it is founded on
the theory of Separation of Powers, it separates government into inaccessible units. In
actuality, the executive and legislative branches of government cannot be rigidly divided,
and splitting them up into separate but coordinated departments would only serve to
increase friction and undermine effective and good governance. The conflicts between
the several branches of government over the boundaries of each one's authority take up
much time—additionally, the system's inherent stability borders on rigidity.

2. Delay in Reaching an Agreement

Even on urgent issues that call for prompt resolution, there is always an excessive delay
in reaching an agreement when powers are separated between the executive and
legislative departments without any adequate coordination. When the executive branch is
controlled by one party and the majority of the legislature by another, one government
branch may operate under one policy while the other may be following one very
differently. This circumstance can result in a deadlock, which can be disastrous in
emergencies.

3. Might turn into an Autocracy or Dictatorship

Additionally, it is said that the presidential system is "autocratic, irresponsible, and
hazardous." Whether the country likes and supports the president's policies or not, once
he or she is chosen, they must continue. Subject to the provisions of the constitution, he
may turn autocratic or even into a dictator. The legislature cannot revoke the mandate that
the people gave him during the election under the constitution

4. Always upholds Constitutional Obligations

The Presidential system is also criticised for its rigidity because it always upholds
constitutional obligations, whether there is peace or war. While a Parliamentary Act
delayed general elections in the United Kingdom, two presidential elections were held in
the United States during World War II. Without altering the constitution, there could not
be a delay in America, which is a complicated and drawn-out procedure. The
constitution's rigidity makes no allowance for the demands of the moment. It must follow
its own course, even though it occasionally may be detrimental to the interests of the
country.

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5. Incapable of implementing a Firm Foreign Policy
Last but not least, the Presidential system has repeatedly been criticised for not being
capable of implementing a firm foreign policy. It is claimed that American foreign policy
is a slow-moving and unpredictable endeavour because the President depends on the
support of a frequently uncooperative Congress. Nobody, not even allies or adversaries,
can predict how much Congress will support or reject executive initiatives or
commitments. Less peace and more tension than in the parliamentary system are caused
by the absence of dissolution in the presidential system. The executive is powerless to
compel an uncooperative legislature to act.

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 CONCLUSION

For counties of average size, the parliamentary system has many benefits. However, for states
with large populations and vast areas, like Germany and the United States, the presidential
system is preferred because it is designed for safety rather than action promptness and avoids
placing essential issues at risk. "The presidential system in the United States of America has
operated effectively and forcefully. Statesmanship and patriotism have always provided the
essential unity needed in an unprecedented crisis. The Presidents have successfully dramatised
their programmes and persuaded people to accept their viewpoints by making persuasive pleas to
the electorate through the spoken word, press, radio, and now television.

However, a government structure that cannot be broadly applied to normal circumstances does
not enjoy universal respect and approval. The presidential system has not exactly been a success
in nations that the American model has influenced. Only a few Latin American nations have
taken measures to limit presidential power, including Paraguay, Costa Rica, Chile, Brazil, and
Peru. In general, Latin American political systems have the propensity to devolve into
dictatorships.

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 BIBLIOGRAPHY
1. Essay on the Nature of Presidential System of Government.
https://www.shareyouressays.com/essays/essay-on-the-nature-of-presidential-system-of-g
overnment/88617

2. Meaning and Features of Presidential form of Government.

https://www.publishyourarticles.net/knowledge-hub/articles/meaning-and-features-of-pre
sidential-form-of-government/6001/

3. Essay on the Presidential Form of Government (USA)

https://www.shareyouressays.com/essays/essay-on-the-presidential-form-of-government-
usa/88802

4. Merits of Presidential System of Government

https://www.shareyouressays.com/essays/merits-of-presidential-system-of-government-es
say/88603

5. Essay on the Drawbacks of Presidential System of Government.

https://www.shareyouressays.com/essays/essay-on-the-drawbacks-of-presidential-system-of-government/
88085

6. Gamer, J.W., Political: Science and Government pp. 311-12.

7. Books:

Political Theory, NCERT.

Principles of Political Science by Dr Anup Chand Kapur

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