Pol System British American Constitution

British (UK)
and
American (USA)
Constitution
Email: aqsakhanbnu@gmail.com
British Constitution
Sources of British Constitution
Conventions of British Constitution
Salient Features of British Constitution
Powers and Functions of Monarch
Reasons of Survival of Monarchy
Features of British Cabinet
Powers and Functions of Cabinet
Dictatorship of British Cabinet
House of Lords
House of Commons
Powers and Functions of Prime Minister
Powers and Functions of Speaker
Legislative Procedure
Characteristics of British Judicial System
Organization of British Judicial System
British Committee System
Rule of Law
Characteristics of British Party system
‫الفاظ کے پیچوں میں الجھتے نہیں دانا‬

‫غواص کو مطلب ہے صدف سے کہ گہر سے‬
American Constitution
Growth of American Constitution
Features of American Constitution
American Federalism
Advantages and Disadvantages of Federalism
American President
House of Representatives
American Senate
Law Making Process
Committee System
American Supreme Court
Judicial Review
American Party System
Books:
Selected Constitutions of the World by Dr. Sultan Khan
World Constitutions by S.L. Kaeley
How States are Governed by Taleemi Edara
Political Philosophy and Systems by Prof. Bakhtiyar
Select Modern Government by V.D. Mahajan
Modern Constitutions By Mazhar Ul Haq
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Sources of British Constitution

 Introduction
 Definition of Constitution
 Features of British Constitution
 Sources of British Constitution
 Laws of Constitution
 Conventions of Constitution
 Laws of Constitution
 Constitutional Landmarks
 Constitutional Statues
 Judicial Decisions
 Common Law
 Commentaries of Eminent Jurists
 Royal Prerogatives
 Statutory Rules made by Authorities
 Constitutional Conventions
 Regarding Queen
 Regarding Cabinet
 Regarding Parliament
 Conclusion
Introduction:
The United Kingdom of Great Britain and Northern Ireland commonly known as UK or
Britain, is a sovereign country in Western Europe. It is made-up of England, Scotland,
Wales and Northern Ireland. It has played and still playing a very significant and leading
role in international politics.
The capital of the UK is the city of London. The current Prime Minister of UK is Theresa
May who belongs to Conservative Party.
Definition of Constitution:
A constitution consists of those fundamental rules which determine and distribute
functions and powers among the various organs of the government as well as determine
the relation of governing authorities with people.
Features of British Constitution:

British constitution is evolutionary in nature and partly written and partly unwritten. It
has unitary and parliamentary form of government. It is a flexible constitution which
means it can be amended easily.
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Sources of British Constitution:

The British Constitution has not been derived from one source, but from several. The
important sources of the British Constitution can be grouped under two main headings:
I. Laws of the Constitution
II. Conventions of the Constitution
Laws of the Constitution:

The laws of the constitution can be divided into following groups:
1) Constitutional Landmarks:
A large part of British constitution is written in form of constitutional landmarks which
contains agreements between King and his subjects at time of political stress and crisis.
I) The Magna Charts was signed by King John in 1215. It is considered as the foundation
of the constitution because it was the first time that certain rights of the people were
recognized by the King. The rights claimed were mainly those of justice and property.
II) The Petition of Rights (1628) to which King Charles yielded contained protest against
taxation without the consent of Parliament, unlawful imprisonment and grievances
against military.
III) The Bill of Rights (1689) made it illegal for King to override laws, to maintain a
standing army without consent of Parliament or to demand taxes by pejorative.
Through these measures, the British secured their democratic rights and gradually left
the Monarchy absolutely helpless in the hands of a democratic Parliament.
2) Constitutional Statutes:
Constitutional statutes are passed by Parliament from time to time. They deal with
significant constitutional matters.
I) The Act of Heabus Corpus (1679) stipulates that a person who is imprisoned without
legal justification can obtain release.
II) The Act of Settlement (1701) determining the order of succession to British throne
that she must be of Protestant faith. Further, it protects judges from arbitrary removal.
III) The Act of Union with Scotland of 1707 and with Ireland of 1800.
IV) The Parliament Acts of 1911 and 1949 curtailing the powers of the House of Lords
and making it virtually a revising chamber.
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V) The Statute of Westminster (1931) defines the status of dominions and their
relationship with the mother-country Great Britain.
VII) The Government of India Act (1935), laying down the principles of running the
administration of India, its provinces and states.
VII) The Indian independence Act (1947) handing over all political powers to India and
Pakistan.
3) Judicial Decisions:
Another important source of the British constitution is to be found in the decisions of
law courts. The courts interpret statutes, solemn agreements and common law
whenever disputes are referred to them. Their decisions have contributed a good deal
to the development of British Constitution.
Dicey has aptly remarked that
“The English Constitution is a judge-made constitution”.
Most of the rights enjoyed by the British people today are the outcome of contests
carried on in the courts. The rights to personal liberty, the rights to public meeting, the
rights to freedom of speech etc in England are result of judicial decisions. Independence
of juries was firmly established by judicial decisions in the famous Bushel’s Case in 1670.
The Case of Somerset in 1772 established the absence of Slavery on English soil.
4) Common Law:
The three elements of the British Constitution mentioned above are of written character.
Common law is another important source of British Constitution. It is of unwritten
character. This law embodies principles not laid down by Parliament or ordained by the
Monarch, but which have developed in England independent of both and slowly gained
recognition throughout the realm. The Common Law developed out of customs and
usages. The judges recognized some customs of realm, applied to them individual cases
and set precedents for decisions in later cases. The Common Law is the basis of
prerogatives of crown, the right of trial by jury in criminal cases, the right of freedom of
speech and assembly etc.
5) Commentaries of Eminent Jurists:

Legal authorities and eminent jurists have written comments on Constitutional Law of
England. Although these comments are mere legal arguments, yet their opinions can not
be ignored since they throw a flood of light on the spirit in which a particular law should
be interpreted. Arson’s Law and Customs of Constitution, May’s Parliamentary Practice
and Dicey’s Law of Constitution are regarded to be the authoritative comments on law
and practice of English Constitution.
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6) Royal Prerogatives:
It is also a source of British Constitution. The power to declare war and make treaties,
pardon criminals and dissolve parliament is exercised through Royal Prerogatives. This is
done by issuing Order-in-Councils, proclamations and writs under the great seal.
7) Statutory Rules made by Authorities:

There are various authorities empowered to legislate under Parliament Acts like
Universities and Municipal bodies. The laws made by these authorities are part of the
British Constitution.
Constitutional Conventions:
Conventions are unwritten rules of conduct or political ethics, and are as sacred as law
of the Constitution but are not enforceable in the courts of the country. They mean
customs, usages, precedents and understanding which deeply influence the working of
governmental machinery. Conventions are like a chain of continuity, which have
attached the past developments with the new horizons of practical requirements and
are obeyed by the people. This source of the British Constitution is also of an un-written
character.
The following are some important conventions which are recognized and acted upon.
1) Regarding Queen:
I) The Queen must summon the leader of majority party in the House of Commons to
form the government after general elections are over. He is designated as Prime
Minister. The Prime Minister is then given a free hand in selections of his colleagues and
formation of his ministry.
II) The Queen must accept the advice of Cabinet whatever and whenever tendered.
III) The Queen must give her assent to a Bill passed by the two Houses of Parliament;
even if it refers to death of warrants of King/Queen himself or herself.
IV) On the resignation of a ministry, the Queen has to summon the Leader of the
Opposition to form an alternative ministry.
2) Regarding Cabinet:
I) The Cabinet holds office only as long as it retains the confidence of majority in House
of Commons. The Cabinet must resign if it loses the confidence of majority in House. As
an alternative, the Prime Minister of the defeated ministry has the right to ask the
Queen to dissolve the House. By the way of another convention, the Queen must
accede to such a request of the Prime Minister and must order fresh elections. If the
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defeated ministry gains majority in the House again, it will continue in office and if it
fails to win at the polls, it must resign before facing, the new House. It cannot request
the Queen to dissolve the House for the second time.
II) All the ministers are collectively responsible to the Parliament. Even if one minister is
censured or defeated in the House, the whole ministry must resign en-bloc.
III) The Cabinet cannot declare war or conclude peace without the approval of the
House of Commons.
IV) The Cabinet is extra-legal committee of the legal executive called the Privy Council
and exercises all the powers of body in practice. All members of Cabinet become
automatically members of the Privy Council.
V) The Prime Minister of England must belong to the House of Commons. The
conventions were established in 1922, when Lord Curzon was not chosen as Prime
Minister because he belonged to the House of Lords.
3) Regarding Parliament:
I) The Speaker of the House of Commons must keep himself aloof from party politics. He
must behave as an impartial judge and should not commit to any political opinion inside
or outside the House. He is to lead the life of political exile.
II) “Once a Speaker always a Speaker’” is another significant convention regarding the
office of the Speaker. The Speaker of outgoing House is returned unopposed from his
constituency in parliamentary election. The House as Speaker then unanimously elects
him. Thus he is allowed to continue as Speaker as long as he desires.
III) Parliament must meet at least once a year.
IV) The Lay Peers do not take part in the working of the House of Lords when it sits as
the Highest Court of Appeal; Only Law Lords especially nominated to the House of Lords
are to perform its judicial functions.
V) It is a matter of convention, that every Bill must have three readings before being
finally voted upon in each House of Parliament.
VI) Again there is a convention that a speech from government benches must be
followed by a speech from the opposition.
VII) Peers are appointed on the advice of the Prime Minister.

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VIII) All Money Bills must originate in the House of Commons.
IX) Her Majesty’s Opposition, as a representative of the largest minority in the nation,
has a rightful status to be upheld by parliamentary procedure.
Conclusion:
It is concluded from above discussion that English constitution is a growing organism. It
is derived from several sources such as historic documents, parliamentary statues,
political traditions and usages, common law and commentaries of eminent jurists. The
factors which have definitely contributed to ability of constitution to adopt itself to
changing needs of time are its evolutionary nature and constitutional conventions.
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Conventions of British Constitution

 Introduction
 Definition of Convention
 Features of Conventions
 Accidental Growth
 Spontaneous
 Unwritten
 No Recognition by Courts
 Uncertainty
 Easily Amendable
 Nature of Conventions
 Aims and Objectives of Conventions
 Important Conventions
 Regarding Queen
 Regarding Cabinet
 Regarding Parliament
 Regarding Political Parties
 Regarding Dominions
 Sanctions behind Conventions
 Force of Law
 Respect for Conventions
 Public Opinion
 Conclusion
Introduction:
Conventions are unwritten rules of conduct or political ethics, and are as sacred as Law
of the Constitution but are not enforceable in the courts of country. They mean customs,
usages, precedents and understanding which deeply influence the working of
governmental machinery. Conventions are like a chain of continuity, which have
attached the past developments with the new horizons of practical requirements and
are obeyed by people.
Definition of Convention:
Convention is defined differently by different scholars.
According to Ogg:
“Conventions are the customs, habits, usages or practices by their sole authority;
regulate a large portion of the actual day-to-day relations and activities of the most
important of the public authorities”
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According to Anson:
“Conventions are the customs of the Constitution”
According to J.S Mill:

“Conventions are the unwritten maxims of the Constitution”
Features of Conventions:
The features of the conventions are following:
1) Accidental Growth:
The growth of conventions in a constitution is accidental and unconscious very much
like the growth of customs in a society. Hence they are also known as the customs of the
constitution. Practically in every constitution there are conventions which supplement
or even replace the law of the constitution in its practical working.
2) Spontaneous:
Conventions are the rules which are neither legislated nor executed and adjudicated but
their appearance is spontaneous and are obeyed because of their usefulness.
3) Unwritten:
Conventions are of unwritten nature. Due to this feature a political philosopher
remarked that:
“The British constitution is a child of accident and design”
4) No Recognition by Courts:
Conventions are not recognized by the courts as laws are. For example if a law is
violated, the offender is liable to legal action and court sentence. On the other hand, if
somebody violates a certain convention, he is not liable to be hauled up by the police,
and punished by the courts. In fact the conventions have the sanction of public opinion.
5) Uncertainty:
A convention of today may become a law tomorrow. For example the office of PM owed
its existence to a long established convention but it was given legal recognition with the
passage of Ministers of Crown Act (1937). The same act legally recognized Party,
Opposition and Leader of Opposition.
6) Easily Amendable:
Convention, if needed to be modified before it is finally given a legal shape, it can be
easily amended.
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Nature of Conventions:
As regards the nature of conventions Mr. Freeman has remarked thus:
“We now have a whole system of political morality, a whole code of percept for the
guidance of public men which will not be found in any page of either statute or common
law, but which are in the Great Charter or in the Petition of Rights. In short, by the side
of our written law, there has grown up an unwritten or conventional constitution.
Aims and Objectives of Conventions:

The aims and objectives of conventions are following:
I) To ensure the supremacy of the House of Commons.
II) To make the constitution work in conformity with the prevalent and changing ideas
and needs.
III) To provide rules for the co-operation and harmonious working of the different parts
of government.
IV) To secure the administration of the country according to the needs and wishes of
people.
Important Conventions:
The following are some important conventions which are recognized and acted upon.
1) Regarding Queen:
I) The Queen must summon the leader of majority party in the House of Commons to
form the government after general elections are over. He is designated as Prime
Minister. The Prime Minister is then given a free hand in selections of his colleagues and
formation of his ministry.
II) The Queen must accept the advice of Cabinet whatever and whenever tendered.
III) The Queen must give her assent to a Bill passed by the two Houses of Parliament;
even if it refers to death of warrants of King/Queen himself or herself.
IV) On the resignation of a ministry, the Queen has to summon the Leader of the
Opposition to form an alternative ministry.
2) Regarding Cabinet:
I) The Cabinet holds office only as long as it retains the confidence of majority in House
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of Commons. The Cabinet must resign if it loses the confidence of majority in House. As
an alternative, the Prime Minister of the defeated ministry has the right to ask the
Queen to dissolve the House. By the way of another convention, the Queen must
accede to such a request of the Prime Minister and must order fresh elections. If the
defeated ministry gains majority in the House again, it will continue in office and if it
fails to win at the polls, it must resign before facing, the new House. It cannot request
the Queen to dissolve the House for the second time.
II) All the ministers are collectively responsible to the Parliament. Even if the one
minister is censured or defeated in the House, the whole ministry must resign en-bloc.
III) The Cabinet cannot declare war or conclude peace without the approval of the
House of Commons.
IV) The Cabinet is extra-legal committee of the legal executive called the Privy Council
and exercises all the powers of body in practice. All members of Cabinet become
automatically members of the Privy Council.
V) The Prime Minister of England must belong to the House of Commons. The
conventions were established in 1922, when Lord Curzon was not chosen as Prime
Minister because he belonged to the House of Lords.
3) Regarding Parliament:
I) The Speaker of the House of Commons must keep himself aloof from party politics. He
must behave as an impartial judge and should not commit to any political opinion inside
or outside the House. He is to lead the life of political exile.
II) “Once a Speaker always a Speaker’” is another significant convention regarding the
office of the Speaker. The Speaker of outgoing house is returned unopposed from his
constituency in parliamentary election. The House as Speaker then unanimously elects
him. Thus he is allowed to continue as Speaker as long as he desires.
III) Parliament must meet at least once a year.
IV) The Lay Peers do not take part in the working of the House of Lords when it sits as
the Highest Court of Appeal; Only Law Lords especially nominated to the House of Lords
are to perform its judicial functions.
V) It is a matter of convention, that every Bill must have three readings before being
finally voted upon in each House of Parliament.
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VI) Again there is a convention that a speech from government benches must be
followed by a speech from the opposition.
VII) Peers are appointed on the advice of the Prime Minister.
VIII) All Money Bills must originate in the House of Commons.
IX) Her Majesty’s Opposition, as a representative of the largest minority in the nation,
has a rightful status to be upheld by parliamentary procedure.
4) Regarding Political Parties:

The political parties, the opposition and the opposition leader all were based on
conventions but were legalized by The Crown Act (1937).
5) Regarding Dominions:
Dominions are almost free in their internal and external affairs.
Sanctions behind the Conventions:

The conventions are not enforced by the courts but still people obey them. The reason
is the sanctions behind these conventions:
1) Force of Law:
According to Dicey
“The conventions are observed because they are based on and sanctioned by law. The
power behind them is the power of law”
He further says that if the conventions are not observed, it will almost immediately
bring the offenders into conflict with the courts and the law of land.
Dicey gives the following example: As the Parliament has to meet at least in a year,
suppose if the Prime Minister does not summon the parliament of two years, then no
budget will be passed and no taxes will be collected. Therefore, although it is a
convention but now it has the force of law behind it. Hence disregarding it will force the
public official to commit illegal acts.
2) Respect for Convention:

Lowell says that
“Conventions are observed because they are a “Code of Honor”.
They are the rules of game and single class which has hitherto had the conduct of the
English Public life almost entirely in its own hands is the one which is peculiarly sensitive
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to such conventions. Thus, the respect for the conventions by the ruling class of Britain
is the force behind them.
3) Public Opinion:
Ogg says that
“The force behind the conventions is the force of the public opinion”
The public wants their observance and it will not tolerate their violation e.g. public
expects a Cabinet defeated in the Parliament to leave office when it has lost the
confidence in the Parliament.
Dr. Jennings says that
“The force behind the conventions is the same as behind the law”
Conclusion:
It is concluded from above discussion that conventions are unwritten, spontaneous,
easily amendable and binding as law. They help the constitution to work smoothly. They
give the constitution the quality of flexibility for adopting itself to new needs and new
ideas.
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Salient Features of British Constitution

 Introduction
 Salient Features of the British Constitution
 Continuous and Evolutionary
 Partly Written and Partly Unwritten
 Flexible Constitution
 Limited Monarchy
 Unitary Government
 Parliamentary System of Government
 Bicameralism
 Two-party System
 Supremacy of Parliament
 Rule of Law
 Independence of Judiciary
 Gap Between Theory and Practice
 Mixed Constitution
 Judge-made Constitution
 Role of Conventions
 Conclusion
Introduction:
The United Kingdom of Great Britain and Northern Ireland commonly known as UK or
Britain is a sovereign country in Western Europe. It is made-up of England, Scotland,
Wales and Northern Ireland. It has played and still playing a very significant and leading
role in international politics. The capital of the UK is the city of London. The current
Prime Minister of UK is Theresa May who belongs to Conservative Party.
Salient Features of the British Constitution:

The salient features of the British constitution are following:
1) Continuous and Evolutionary:

The British constitution has never framed by any constituent assembly, no precise birth
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date can be given and no definite body of persons can claim to be its authors. The
reason for this is that – the British constitution has not been made, but has grown. It is
the product of gradual development. It resembles an old family mansion to which each
successive generation has added its own turret or side wing without any effort to
maintain the symmetry of the main structure. Its not a well-planned, clear-cut, four
squares building with a single architectural plan. It is the outcome of a practically
unbroken development for over one thousand years.
The growth of British constitution is not a history of drastic and violent changes, but that
of quiet and conscious ones.
2) Partly Written and Partly Unwritten:

The most important feature of the British constitution is its unwritten character. There is
no such thing as written, precise and compact document, which may be called the
British constitution. Due to this aspect a French writer De Tocquevilli remarks
“The English constitution does not exist”
British constitution is embodied in various constitutional laws, statutes, judicial

decisions, conventions and usages.
Conventions are political usages which have developed during its working and have
come to stay as a vital part of the constitution. They are now deep-rooted in the political
system of Great Britain. These conventions have not been enacted in a statute so they
don’t have any legal sanction, yet the government and people scrupulously follow these.
They have even replaced law.
At the same time it also contains certain regularly enacted laws as its part and parcel.
There are number of historic charters and statutes laying some of the fundamental
principles of British constitutional system such as Magna Charta (1215), Petition of
Rights (1628), Bill of Rights (1689), Statute of Westminster (1931), Parliamentary Acts of
1911 and 1949 and various other statutes concerning local government and
organization.
3) Flexible Constitution:
Another important feature of British constitution is its flexibility. It implies that a
constitution can be changed by the legislature with the same ease and in the same
manner as any other law. It is flexible because Parliament can change it according to the
ordinary procedure – the procedure which is adopted in the case of ordinary laws. There
is no difference between a constitutional law and ordinary law in Britain. Both can be
changed by Parliament in same manner. The Parliament acts of 1911 and 1949 dealing
with the powers of the House of Lords can be changed by Parliament in the way as a
civil or criminal law. This quality brings enormous advantage with it. It is due to its
flexibility that the British constitution has molded itself according to changing
circumstances and has thus avoided violent revolutions.
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4) Limited Monarchy:
It is the unique feature of the constitution. The British system has Monarch, yet its
powers have been curtailed and authority has been limited. In theory, the Queen is the
head of the state and entire administration is carried in her name but in practice she is
nominal head of state and all the executive powers are exercised by the Cabinet.
Conventions have reduced the position of Queen to the status of a singing machine. The
Queen has to sign even her death warrant if passed by the both Houses of Parliament.
Thus England has a limited or constitutional monarchy.
5) Unitary Government:
The British constitution is unitary and all powers belong to the central government.
There are no autonomous units/provinces or regional governments. The country is
divided into various cantons with their own local administrative bodies. The units have
no powers. For administrative convenience powers are delegated to them by the centre.
London is the reservoir of all state powers. England, Scotland, Wales are totally under
the centre while Northern Ireland has a Parliament but with limited powers. The
Parliament possesses unrivalled and unchallengeable legislative authority. They can
make, change and void any law without any check of a written or codified constitution.
6) Parliamentary System of Government:

The British constitution has parliamentary or responsible form of government. The
Queen, who is the head of the state, is titular and her power or authority has been
limited. The Prime Minister is the representative of the Parliament and head of
government. He enjoys all executive authority unlike the Queen. He is assisted by
council of ministers called “Cabinet”, who are also drawn from the Parliament. The
Queen can appoint an individual as PM, who enjoys the support of the majority of
members of House of Commons, and on his recommendation he appoints other
ministers. The Cabinet is collectively and individually responsible to the House of
Commons, therefore it is called a responsible government. The ministers retain their
offices as long as they enjoy the confidence of majority members of House of Commons.
In the case they lose the confidence of the Parliament they have to resign and the
Queen can not retain them at pleasure. The close relationship between the Cabinet and
Parliament binds the executive and legislature together, which is the most important
feature of parliamentary government.
7) Bicameralism:
The British constitution retains the bicameral legislature. There are two houses i.e.
I. House of Lords
II. House of Commons
The upper house or second chamber is House of Lords while the lower house or first
chamber is House of Commons. The House of Lords is constituted on the basis of
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hereditary principle while House of Commons is elected by the people on the principle
of adult franchise. The House of Commons enjoys more powers than the House of Lords.
The House of Commons is actual law-making body while the House of Lords is a revising
body. The House of Commons is more powerful than the House of Lords. Perhaps the
House of Lords is the weakest second chamber in the world.
8) Two-Party system:
Great Britain has a parliamentary executive. Two-party system is necessary for the
successful working of the parliamentary executive. Britain has only two major parties.
For a long time, the Liberals and Conservatives continued to be the only political parties
in England. Later on many parties like The Radicals, The Home-Rulers, The Unionists and
Communists began to operate but none had any importance in the political arena of
England. The domination of the two main political parties has influenced the
development of the British constitution profoundly and it can almost be said that the
two-party system is one of the conventions of British constitution. The entire working of
Parliament is related by agreement between the parties that form the “government”
and “opposition”. All important debates in Parliament are arranged by agreement
between the two parties.
9) Supremacy of Parliament:
A very important feature of the British constitution is the supremacy or sovereignty of
Parliament. Parliament is the law-making body in the country with an unfettered power
of legislation. It can make or repeal any law it likes. The courts have no power to declare
that Parliament is not competent to pass or repeal a particular law. The power of
Judicial Review is denied to the judicial tribunals of Britain. The Courts must accept the
law passed by Parliament as valid and proceed to apply them. Parliament can also
amend the constitution, on its own authority. It can make illegal what is legal and
legalize what is illegal. Due to this extensive power enjoyed by the Parliament a French
Writer De Lolme remarks that
“British Parliament can do everything but make a man a woman and a woman a man”.
Legally Parliament is capable of doing that even. If by an Act, Parliament were to declare
a particular man a woman, he would be treated as a woman in the eye of law in spite of
his natural manhood. But the supremacy of Parliament is restricted by moral and
practical consideration. Its legal supremacy can not be questioned but it does not dare
to pass a law which public opinion dislikes.
10) Rule of Law:

Another most important feature of the British constitution is the Rule of law. It implies
equality of all before law, its supremacy, uniformity and universality. It has three
implications i.e.
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I. All persons are equal before law irrespective of their position or rank.
II. This doctrine emphasizes the supremacy of law and not of any individual.
III. No one can be detained or imprisoned without a fair and proper trial by
competent court of law.
No person can be punished or deprived of his life, liberty or property except for a
specific breach of law proved in an ordinary court by an ordinary procedure.
11) Independence of Judiciary:

Independence of the Judiciary in the British constitutional system is highly
commendable. Although the British constitution is not based on the theory of strict
separation of powers yet by convention and tradition, lot of independence has been
allowed to the judiciary. The British judiciary is considered to be the most highly
impartial, upright and unamenable to any political influence. Due to this all civil liberties
of people are perfectly safe and the celebrated principle of Rule of Law prevails in its
real and effective form. The judges of the courts are appointed by Queen on the advice
of the cabinet. They can neither removed by the executive nor can their salaries be
reduced. The result is that the judiciary is independent, free and impartial.
12) Gap between Theory and Practice:

There is a great gap between theory and practice in the English political system. This fact
results largely from the unwritten character of the constitution, which is mainly based
on conventions and customs. As for instance, in theory, it is the Queen who is sovereign,
but in practice it is the Parliament who is sovereign. The Queen can not veto any billed
passed by Parliament although she has the right to do so in theory. The Queen,
according to a convention shall sign even her death warrant if passed by both Houses.
The Queen is only a figure head. The Queen in theory is fountain head of patronage but
in practical all honors and titles are conferred by the PM. Due to this Lord Sanky
remarks that
“Theory has no relation to realities in British Constitution”
13) Mixed Constitution:

The British constitution is a queer mixture of the monarchial, aristocratic and
democratic principles. The institution of Kingship shows that there is Monarch in
England. The existence of House of Lords or the upper house of British Parliament gives
an idea that England has an aristocratic type of government. The House of Commons,
which is lower and popular house of Parliament, reflects actual working of a full-fledged
democracy in this country. But all these diverse political elements have been beautifully
welded together to produce the final effect of perfect representative democracy, in
which the House of Commons exercise the ultimate supremacy. The House of Lords
have ceased to be effective and Queen has become a titular head only.
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14) Judge-made Constitution:

Anther feature of British Constitution is that it is essentially a Judge-made constitution.
Most of the rights enjoyed by the citizens of Great Britain have been guaranteed by
them by the judicial decisions given from time to time by the judges. Due to the force of
the law the rights are enjoyed. All state organs are bound to respect human rights and
judiciary is to guard these rights.
15) Role of Convention:

The main portion of the British constitution is composed of conventions. The British
people are conservative in their nature and they are traditionalists in their outlook. Due
to their excessive conservatism a large number of conventions gleam in their
constitution. The unwritten feature of the constitution is also due to conventions.
In other words the English constitutions reflects the psychology of its people, therefore
it has conventions.
Conclusion:
It is concluded from above discussion that British constitution is complex amalgam of
institutions, principles and practices. It is composite of characters and statues, judicial
decisions, common law, precedents, wages and traditions. It has unitary system and
parliamentary form of government where the Parliament is supreme.
19
Powers and Functions of Monarch

 Introduction
 Historical Background
 Current Monarch
 Powers and Functions of Monarch
 Executive Powers
 Head of Administration
 Appointment of Officials
 Selection of Prime Minister
 Conduction of Foreign Affair
 Conduction of Treaties and Declaration
 Legislative Powers
 Approval of Bill
 Role in Parliament
 Validation of Laws
 Delegated Legislation
 Judicial Powers
 Ecclesiastical Powers
 Miscellaneous Powers
 Fountain of Honor and Dignity
 Developmental Activities
 Conclusion
Introduction:
Great Britain has Parliamentary form of government which needs a titular head of the
state and a real executive. In Great Britain the titular head of the state is Monarch who
is known as Queen.
Historical Background:
Monarchy in England can be traced back to Anglo-Saxon period. It has a chequered
history. Its origin is usually traced to Egbert of Wessex who united a nation of warring
tribes when he was recognized as sovereign over the English kingdoms in 829, and today
it serves as a symbolic institution in the state.
The British Monarchy is a hereditary institution, which is regulated according to the laws
of succession passed by Parliament from time to time. The succession to throne in
present time is regulated by Act of Settlement (1701). The act provides that the throne
of England should pass over to the heirs of the Princess Sophia of House of Hanover.
After 1914 it passed on to the House of Windsor.
20
Current Monarch:
The Current British Monarch and head of the state is Queen Elizabeth II, ascended to the
throne on the death of her father, King George VI on 6th February 1952.
Powers and Functions of Monarch:

The powers and functions of the Queen are following:
1) Executive Powers:
The Queen possesses following executive powers:
I) Head of Administration:
The Queen is the head of administration and has to see that laws of country are
properly executed. The whole administration is run in the name of Her Majesty.
II) Appointment of Officials:

The Queen is the head of armed forces. The officers in army, navy and air force are
appointed by her and take an oath of allegiance to her. She also improves the
appointment of ministers in her name.
III) Selection of Prime Minister:

One of the fundamental and vitally important decisions of Queen is that of the choice of
PM. But even in this sphere her choice is limited. The convention is well established that
she will always send for statesman having the support of the majority party in the House
of Commons to form government and act as PM.
IV) Conduction of Foreign Relations:

The Queen has the right to send ambassadors, high commissioners, and other
representatives to all friendly countries and to receive ambassadors and other
diplomatic representatives from foreign states. The Queen conducts the foreign
relations of the country and deals with dominion and other dependencies.
IV) Conduction of Treaties and Declaration:

The Queen has the power to declare war, conclude peace and make treaties with
foreign affairs.
Thus the British Monarch possesses all the executive powers that are enjoyed by any
other head of the state. But she does all this on the advice of Cabinet. The executive
orders are issued by Queen but they are always countersigned by ministers concerned.
2) Legislative Powers:
In the word of Ogg and Zink
21
“The Crown is not only the custodian of executive powers; it also shares in the work of
legislation”.
The Queen possesses following legislative powers:
I) Approval of Bill:
The British legislature consists of the Queen, House of Commons and House of Lords.
Every bill passed by both Houses requires her assent before it becomes a full-fledged
law or statute. This assent has never been refused since the reign of Queen Anne.
II) Role in Parliament:

The Queen summons, prorogues and dissolves Parliament. She opens each session of
Parliament with a “Speech from Throne” which contains an outline of her government’s
program during the session. She can also dissolve the House of Commons before expiry
of its normal term.
III) Validation of Laws:

The royal assent is essential to the validity of law passed by the Parliament. It means
that the Queen may refuse, assent or veto any law passed by the Parliament. But the
veto power has never been exercised since 1707.
IV) Delegated Legislation:

The legislative powers of the Crown are steadily increasing due to delegated legislation.
The bills passed by Parliament are completed by the Crown through “Orders-in-Council”.
3) Judicial Powers:
The courts of England are quite independent of the executive. The Queen does not
meddle with the administration of justice. She appoints judges on the advice of the PM
or the Lord Chancellor but can not dismiss them unless requested to do so by both
Houses of Parliament. She is fountain of justice. The courts of justice are Crown’s courts
of justice; the judges are Crown’s judges. All judgments in the courts are given in
Queen’s name. She has the power of pardon, reprieve, respite and general amnesty. She
does this on the advice and responsibility of Home Secretary. In the case of dominions
and colonies, the final appeal lies with Queen although in actual practice it is heard by
the Judicial Committee of the Privy Council which technically merely advises the Queen
to give the judgment in a particular way.
4) Ecclesiastical Powers:
The Queen is the head of the Church of England. All spiritual jurisdictions, superiorities
and pre-eminencies are vested in Queen. It is she who appoints the archbishops of
Canterbury and York, bishops and other officials of Church. She summons the
22
convocations of the Church and gives her assent to their decisions. The final appeal from
the Ecclesiastical Courts lies to the Judicial Committee of the Privy Council. In matters of
discipline in the Church the Queen is the final authority.
5) Miscellaneous Powers:
The Queen serves as the ceremonial head of the Commonwealth of Nations and is the
ceremonial head of state for 16 Commonwealth countries. She is consulted in all aspects
of national life and reviews all important government documents. The Queen may also
meet with Privy Council, a new largely ceremonial body made up of Cabinet members
that serves in an advisory capacity to Queen.
6) Fountain of Honor and Dignity:

The Queen is the fountain of honor and dignity. For meritorious public service and
outstanding contribution to the national life of country she creates new peerages and
confers knight-hoods and other titles. Twice yearly, at New Year eve and on occasion of
her birthday, such honors are conferred – of course, on the advice of ministers.
7) Developmental Activities:
The Queen plays very significant role in the development of the state. The Royal Family
accelerates developmental schemes in Britain by performing such ceremonial functions
as cutting ribbons, opening businesses, launching ships, and laying cornerstones. Many
members of the Royal Family are involved in charity work and maintain a public
presence by visiting shelters, hospitals and clinics. Tourism related to the Royal Family
brings a substantial amount of money into the country.
Conclusion:
It is concluded from above discussion that the Queen exercises extensive legislative,
judicial and executive powers. But these powers are never exercised by her yet
exercised in her name by the Prime Minister and ministers who derive their authority
from Parliament and are responsible before it.
23
Reasons of Survival of Monarchy

 Introduction
 Historical Background
 Current Monarch
 Powers and Functions of Monarch
 Reasons of Survival of Monarchy
 Conservatism
 Lack of Republican Sentiments
 General Adviser
 Necessary in Cabinet Government
 Symbol of Unity
 Popular Sentiments
 Role in Commonwealth Nations
 Mediator of British Politics
 No Brake on Democracy
 Head of Social Life
 Inexpensive Institution
 Role in Foreign Affairs
 Sense of Stability
 Conclusion
Introduction:
England has Parliamentary form of government which needs a titular head of state and
a real executive. In Great Britain the titular head of state is Monarch known as Queen.
Historical Background:
Monarchy in England can be traced back to Anglo-Saxon period. Is has a chequered
history. Its origin is usually traced to Egbert of Wessex who united a nation of warring
tribes when he was recognized as sovereign over the English kingdoms in 829, and today
it serves as a symbolic institution in the state.
The British Monarchy is a hereditary institution, which is regulated according to the laws
of succession passed by Parliament from time to time. The succession to throne in
present time is regulated by Act of Settlement (1701).
Current Monarch:
The Current British Monarch and head of the state is Queen Elizabeth II, ascended to the
Throne on the death of her father, King George VI on 6th February 1952.
24
Powers and Functions of Monarch:

The Queen exercises extensive legislative, judicial and executive powers, but these
powers are never exercised by her yet exercised in her name by the Prime Minister and
ministers who derive their authority from Parliament and are responsible before it.
Reasons of Survival of Monarchy:

20th century has seen the fall of many monarchies in the world, when thousands of Kings
have been disinherited. Kingship is now regarded to be a hateful institution and nobody
in this age of democracy likes it. But strangely enough the hold of the British Monarchy
over the British people is constantly increasing. It is wrong to conclude that it is a
useless institution, or that the Queen has no influence in the government of the country.
The Queen renders some significant services to the country and her influence upon the
course of public affairs may also sometimes considerable. The useful functions
performed by the Queen and justification of its survival are as following:
1) Conservatism:
The British people are profoundly conservative in outlook. They love customs, traditions
and old institutions. They have sentimental attachment with the office of monarch. They
do not like to change or abolish this part of the system but they desire evolutionary
reforms in this institution. Although monarchy in Britain has not been abolished but it
has been made constitutional to a maximum level. This institution suits to the genius
and psychology of the people concerned. There are various other institutions like the
House of Lords and Privy Council which has fewer roles in the modern democratic era
but these institutions have emotional backing. Traditional institutions are considered a
valuable asset and assets are never destroyed. Sir Winston Churchill regarded English
Kingship as the most deeply founded and dearly cherished by the whole association of
English peoples. The popularity and respect that the monarchy commands at the hands
of the English people can be judged from the incident when Lord Allricham, who made
some remarks against the Queen, was stopped and the man who struck him said “That’s
for insulting Queen”.
2) Lack of Republican Sentiments:

One of the reasons of survival of monarchy in England is the lack of republican
sentiments there. The British people did not abolish this institution when they could
have done it easily. In 1689, King James II left the throne and fled away to France. The
British people had golden opportunity to establish republican form of government but
this was not done. Instead they called upon Williams of Orange and his wife Mary to
occupy the vacant throne. Only once in the history of England the republican
government was established under Cromwell from 1649 to 1660. But that too was
replaced by Monarchy. Even at present, there is a very little opposition to this institution.
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Except the Communists, no section of British public wants to abolish monarchy, not
even the Labor Party that highly criticizes the aristocratic House of Lords.
3) General Adviser:
The Queen’s most valuable function is as general adviser. She acts as a guide, friend and
philosopher for the government.
The Queen has, in the Bagehot’s famous words
“The right to be consulted, the right to encourage, the right to warn”.
In the words of Peel

“A King after a reign of ten years ought to know much-more of the working of the
machine of government that any other man in the country”.
The Queen of England audiences to her ministers and other holders of office at home
and overseas, receives accounts of cabinet decisions, reads dispatches and signs official
papers. Ministers come and go; the constant factor is the Queen.
4) Necessary in Cabinet Government:

The Cabinet type of government needs a titular head of state. The head provides the
continuity of authority, remaining while ministers come and go and forming the bridge
between succeeding Cabinets. If the British people were to abolish monarchy, they will
have to appoint another titular head in place of the Monarch. The only alternative is an
elected President with a fixed term, as in the case of France & India. But a hereditary
monarch suits better than an elected president because it is one of the fundamental
principles of cabinet government that the head of state should remain above party
politics and the Queen doesn’t depend on support of any political party for her office.
5) Symbol of Unity:
Monarchy furnishes a leadership to British society. The Queen supplies the vital
elements of personal interest in the actual proceedings of the government. The Queen
is neither the leader of the party nor the representative of a class; she is the head of the
nation. She is everybody’s Queen. She keeps bound together various people with
different religious, economic, political and social systems.
6) Popular Sentiments:
The British Monarch is very popular with the masses. The Queen who attracts public
sentiments and makes people loyal and law-abiding does an incalculable service to
community. The Queen does not rule but reigns. She reigns not only in ritual and
ceremonies of British traditions but also in the hearts of British people at home and
abroad.
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7) Role in Commonwealth Nations:

The British Monarchy is not only confined to Great Britain and British people. The Queen
is also Queen of Canada, Australia, New Zealand and other independent dominions and
as such is a symbol of Commonwealth unity. It is the loyalty to the Queen which keeps
members of the Commonwealth together. She is a golden chain, which binds Common
wealth nations together. The Commonwealth countries are sovereign states. The Queen
is a symbolic head of the organization. It gives a sense of superiority to British nation,
though legally she enjoys no superior status to that of the head of other member states.
8) Mediator of British Politics:

The Queen plays the role of an umpire who sees the game of practical politics in England
as it is played according to the constitutional and democratic rules or not. The Queen
does not belong to any party her main object is the welfare and solidarity of the nation.
She always reconciles the differences of political leaders. History abounds in examples
when Monarch had reconciled the differences of the political leaders and brought them
on national front together
9) No Brake on Democracy:
Another reason of the survival of monarchy is that the Monarch is no longer a hurdle in
the way of democracy and popular will. She is no longer connected with reaction or is
inimical to progress. The monarchy has changed and moved with the march of times.
That is the secret of its survival and that is the source of its strength.
10) Head of Social Life:

The Queen is the head of the social life in England. She is the leader of the British
nobility and gentry. The social and moral standards set by Royal Family become a sort of
ethical code for the nation. All styles and fashions in the British society emanate from
the Royalty. The Royal Family keeps the imagination of people tied to what they are
doing in the field of non-governmental functions. Many movements for improving the
conditions of the masses have been patronized by Royal Family. The members of family
inspire many schemes for providing better housing, medical aid and relief in distress.
11) Inexpensive Institution:

Monarchy is an inexpensive institution and its utilities are more than its expenditure. It
costs only 1% of the total budget. Therefore, it is its inexpensive nature that it still
survives. From 1991 to 1998 the total cost of running the Monarchy dropped from 55
million pounds to 47 million pounds sterling. It gives more service with less expense.
12) Role in Foreign Affairs:

The Queen by her personal influence and status, talks with the Heads of other states.
She determines the politics of world in the best interest of the British nation. The visit of
27
George VI to France and United States of America helped to strengthen the bonds of
friendship and alliance between these countries and England.
13) Sense of Stability:

The Queen provides leadership in matters of morals, manners and tastes. She gives a
sense of stability. It has rightly been pointed out that “with the King in Buckingham
Palace people sleep more quietly in their beds”.
Conclusion
It is concluded from the above discussion that though the Queen has no powers, she
does play an important and useful role in the affairs of the country. She does a real job.
The British people are proud of this institution and are conscious of its utility.
28
Features of British Cabinet

 Introduction
 Evolution of Cabinet
 Nature of Cabinet
 Formation of Cabinet
 Current Status of Cabinet
 Features of Cabinet
 Membership of Parliament
 Exclusion of Monarch
 Relationship between Legislature and Executive
 Political Homogeneity
 Unity and Solidarity
 Ministerial Responsibility
 Leadership of Prime Minister
 Secrecy in Proceedings
 Titular Head
 No Legal Status
 Cabinet Committees
 Cabinet Secretariat
 Conclusion
Introduction:
As Professor Lowell remarks that
“Cabinet is central tone of political arch”
The Cabinet is the real executive of the British system. It is also called the ministry of the
government. The Cabinet has been defined as a body of royal adviser, chosen by the
Prime Minister in the name of the Monarch. The Cabinet must acknowledge the
supremacy of the PM and follow the policy laid down by him.
Evolution of Cabinet:
Originally Cabinet was committee of Privy Council which became big for administration
work. King Charles II (1660-1685) began to consult a small group of Privy Councilors in
matter of state. The Cabinet is called child of Privy Council. In reign of Charles II the
Cabinet acquired a formal shape. It further developed during the reign of William III and
Queen Anne. During reign of George I, the office of PM came into existence.
Nature of Cabinet:
The Cabinet stands at the apex of the British government. Although it is the child of the
29
Parliament yet it controls it. It has grown out of a series of accidents and fortuitous
events. It is based on conventions. It enjoys the support of majority in the House of
Commons. Once a Cabinet comes into power it can not be ousted by vote of no-
confidence. In the case of defeat, the PM may dissolve the House of Commons and
appeal to the electorates by means of new election or he may decide to resign. If he
resigns, the Queen may ask the Leader of the Opposition to form the Cabinet.
Formation of Cabinet:
The Queen summons the leader of majority party in the newly elected House of
Commons and asks him to accept the post of PM. The PM is then free to choose his
Cabinet. The only constitutional limitation is that the persons he chooses must either
have a seat in Parliament or get one without delay. The great majority of members are
always from House of Commons because they represent the people.
Current Status of Cabinet:

Current British Cabinet is composed of PM Theresa May and her 21 ministers. The
meetings of the Cabinet are usually held in Cabinet room of 10 Downing Street, the
PM’s official residence.
Features of Cabinet:
The British Cabinet has following features:
1) Membership of Parliament:
The Cabinet is the child of Parliament or the Parliament is the mother of the Cabinet. It
has close relations with majority party of the House of Commons. The majority party
elects its leader in the Parliament, who is appointed as the PM, who in his turn appoints
the ministers from the members of his party in the Parliament. Every member of the
Cabinet must also be a member of one of the two Houses of the Parliament.
2) Exclusion of Monarch:
The Monarch, under Cabinet form of government, is no longer the determining and
deciding factor in the conduct of government authority. The Cabinet in the name of the
Queen exercises entire executive powers. As the Queen takes no part in politics, she is
not supposed to preside over the meetings of Cabinet wherein decisions regarding the
executive policy of the government are taken. The exclusion of Monarch from Cabinet
meetings was originally a matter of sheer accident during the reign of King George I,
who would not preside over the meetings of the Cabinet since he was German by
nationality and would not understand English language. But now it is a fundamental
convention of British parliamentary democracy.
30
3) Relationship between Legislature and Executive:

The British constitution is not based on the theory of separation of powers but on the
principle of co-ordination of powers. Members of the Cabinet are generally drawn from
House of Commons that’s why they attend the meetings of the Parliament and take part
in all discussions, decisions and debates. They introduce bills in Parliament and get them
passed. They defend their policies on the floor of the House and answer questions put
to them by the parliament.
4) Political Homogeneity:
Members of the Cabinet usually belong to same political party and have similar political
views. Prior to 1915 every ministry was constituted on the basis of this principle.
According to a convention in the times of emergency or crisis, a national coalition
government is formed to meet the emergency. During critical days of WW1, a
composite government representing all three parties of Great Britain was constituted.
Since 1931, this practice has been followed many times. There have been such national
governments under Ramsay MacDonald, Baldwin, Chamberlain and Churchill.
5) Unity and Solidarity:

The Cabinet always acts as a unit and works as a solid team. Solidarity of the Cabinet
means that whatever be the differences among members themselves on any issue,
those differences shall not be exposed to the Queen, Parliament and the people at large.
Once a decision is taken after due deliberation and thoughts, all members must stand by
it. It does not matter what they say in the Cabinet meeting but they must say the same
thing when they leave the Cabinet meeting. A minister who can not bring himself to
agree with his colleagues must resign.
6) Ministerial Responsibility:
Ministerial responsibility is the most important feature of the British Cabinet system.
The responsibility of the Cabinet is of two types.
I. Legal responsibility
II. Political responsibility
Legal responsibility means that a minister who countersigns the executive order issued
in the name of the Queen is responsible for it and can be sued in Court of Law if that
action is illegal. This type of responsibility is the direct result of the maxim “The Queen
can do no wrong”.
Political responsibility means that all ministers whether included in the Cabinet or not,
are responsible to House of Commons individually as well as collectively. Individual
responsibility of a member means as political head of his department, he is answerable
for all its acts and omissions. His colleagues may repudiate him making him lose his
office, but generally they rally to his support and make common cause with him. So
31
collective responsibility may normally be taken for granted. A vote of no-confidence in

one minister is regarded as a vote of no-confidence against whole Cabinet. All ministers
swim or sink together. The House can indicate its lack of confidence in the cabinet in
many ways such as:
I. rejecting a bill introduced by any minister
II. rejecting the budget
III. passing a vote of censure against a particular minister
IV. passing a vote of no-confidence in the general policy of cabinet.
In practice, the Cabinet seldom goes out of office on an adverse vote passed against it.
7) Leadership of Prime Minister:

The PM is the leader of Cabinet. He forms the Cabinet and allots portfolios to ministers.
The Cabinet ministers work under his guidance and direction. He presides over the
meetings of the Cabinet. Ministers regarding the major problems of their departments
consult him. He co-ordinates the activities of the ministers and settles dispute among
them. He can call for the resignation of any minister if he doesn’t approve of his policy.
It happened a lot of time. In 1922, Mr. Montague the Secretary of State for India was
dismissed. In 1935, Sir Samuel Hoare resigned for he had differences with the PM
Baldwin. In 1938, Mr. Anthony Eden had to resign because he differed with PM Mr.
Cambodian. Moreover if the PM resigns, the whole Cabinet is supposed to resign. In
1931, Ramsay Macdonald resigned due to which all other ministers were automatically
removed from office. The PM is, hence, central to life and central to death of Cabinet.
8) Secrecy in Proceedings:
Secrecy is the essential feature of the Cabinet. The decisions of the Cabinet are kept in
secret and are not made public for maintaining its unity, harmony and collective
responsibility. Ministers have to take an oath that they will not divulge the secrets of the
Cabinet. Differences among the Cabinet members must be not made public as it will
destroy the solidarity and unity of the Cabinet. Secrecy is also important in the interest
of full and frank discussion among its members. They can say anything without the
danger of publicity during the discussion. In 1917, a Cabinet Secretariat was established
whose function was the maintenance of secret records of Cabinet’s proceedings. If its
exposition before the public, press or parliament is necessary, it is done with special
permission and is collectively supported.
In 1934, son of George Lansbury, a former labor minister, was fined because he
published a memorandum submitted to the Cabinet in his biography.
9) Titular Head:
Cabinet government must have a titular head of state in whose name the country is
administrated. The head is the Queen. The real authority of governing the people
belongs to responsible ministers. The principal is in conformity to and exploration of Sir
32
Henry Maine’s often quoted maxim that

“The Queen reigns but does not rule”.
10) No Legal Status:

The British Cabinet has no legal status and is based on a convention. Legally, it is a
committee of the Privy Council. During the reign of William III, the Cabinet used to be
selected from the majority party in the House of Commons. It further developed when
the British King George I abandoned to preside over its meetings. The senior minister
would preside and a convention developed. In 1735, Sir Robert Walpole shifted to 10,
Downing Street, London which is today the official residence of the British PM and a
room is specified for the meetings of the Cabinet.
11) Cabinet Committees:

Cabinet works through various sub-committees which consider the assigned duties in
profound details and submit their reports to Cabinet while Cabinet generally can’t
ignore these reports. Important British Committees are Defense Committee, Economic
Committee, Foreign-Affairs Committee and Legislative Committee. Mainly a committee
is comprised of the PM, the concerned minister and the Chancellor of Exchequer and
others. PM Thatcher had four main committees in 1983 i.e.
I. Home an Social Affairs
II. Legislation Committee
III. Economic Strategy Committee
IV. Overseas and Defense Committee
The decisions of these committees are generally accepted by the Cabinet.
12) Cabinet Secretariat:

The Cabinet Secretariat plays a very important role. The executive apparatus, the
cabinet secretariat, which developed after WW1, carries out the Cabinet’s decisions. It
prepares the Cabinet’s agenda, record its conclusions and communicates them to the
government departments that implement them.
Conclusion:
It is concluded from above discussion that PM is head of the Cabinet that selects
members from House of Commons under the order of Queen. It is the supreme
directing authority. It is a heterogeneous collection of authorities exercising a vast
variety of functions and giving unity and solidarity to English government.
33
Powers and Functions of Cabinet

 Introduction
 Functions of Cabinet
 Executive Functions
 Formation of Policies
 Running of Administration
 Consideration of Future
 Miscellaneous Functions
 Legislative Functions
 Preparation of “Address from Throne”
 Drafting of Bill
 Role in Parliamentary Affairs
 Financial Functions
 Judicial Functions
 Policy-determining Functions
 Coordinating Functions
 Conclusion
Introduction:
Originally Cabinet was committee of the Privy Council which became too large for
administration work. King Charles II (1660-1685) began to consult a small group of Privy
Councilors in matter of state. The Cabinet is called the child of Privy Council. In the reign
of Charles II the Cabinet acquired a formal shape. The Cabinet system further developed
during the reign of William III and Queen Anne. During the reign of George I, the office
of PM came into existence.
34
Nature of Cabinet:

Functions of Cabinet:
The Queen does not rule the country but reigns. The Cabinet is the real executive of
country. It is a significant and powerful organ in the political system of Great Britain. All
the cream powers are exercised by this institution and its vital responsibilities are
following:
1) Executive Functions:
The Cabinet is the real executive as against the nominal executive represented by the
Queen. Although according to the Constitutional Law all executive authority is wielded
in the Queen yet in actual practice, the cabinet wields the effective and real executive
authority. It performs following functions:
I) Formation of Policies:
The Cabinet formulates the external and domestic policies of the government in the
light of the declared policies of the political party to which it belongs. It determines the
foreign policy of the government and decides questions regarding war and peace.
II) Running of Administration:

The PM allocates different portfolios to the ministers. Each minister is in charge of a
particular department and conducts the administration thereof. It also co-ordinates the
35
activities of the various departments such as Defense, Internal & External Affairs,
Communication, Currency, Health, Education and Trade & Commerce and decides inter-
departmental disputes.
III) Consideration for Future:

The Cabinet is also responsible for planning for the future and it is the responsibility of
each government to formulate policies by keeping in view the future needs of nation.
Considerations that may weigh with the Cabinet in planning policy for the future are
defense and security needs, energy requirements, needs to develop technological know
how and the application in agro-industrial production, likely changes in population
pattern and their socio-economic implications.
IV) Miscellaneous Functions:

A group of Cabinet members is to set on behalf of the Privy Council and issues Orders-
in-Council. Lord Chancellor is to affix the stamp of the Crown. PM, being the part of the
Cabinet, is to appoint diplomats, military generals and other cream officers.
2) Legislative Functions:
In the early days the Cabinet derived its importance mainly from the executive functions.
But for the last hundred years, the Cabinet has had so much to do with legislation that it
seems to have become its principal functions. It performs following legislative functions:
I) Preparation of “Address from Throne”:

The Cabinet controls the agenda and timetable of the parliament. The Cabinet prepares
the “address from throne” in which the Cabinet sets forth its legislative program and
general policy at the opening of every new parliamentary session.
II) Drafting of Bill:

Cabinet ministers draft near 80-85% of bills under the guidance of PM. They hotly take
part in debates and legislative business of House and support, explain and defend the
bills in hand. Bills, that does not enjoy the support of the Cabinet has little chance of
success in Parliament. That’s why it is said that now-a-days, it is the Cabinet that
legislates with the advice and consent of the Parliament.
III) Role in Parliamentary Affairs:

The parliament is summoned, prorogued by the Queen on the advice of the Cabinet.
The Queen on the advice of the PM may dissolve the House of Commons before expiry
of its normal term.
In short it has assumed the role of “little” or “mini” legislative chamber. It formulates
the policy, enforces laws, runs administration, makes important appointments, takes
decisions on matters of war & peace, recommends titles to be awarded, prepares
36
budget, initiates legislation and secures its passage. The entire system revolves around it.
3) Financial Functions:
Financial initiatives lie with Cabinet. Finance of country is in control of Chancellor of
Exchequer. All financial bills must be presented by the government and parliament has
to pass same without any major changes. Budget of the country is prepared by Finance
Minister under the guidance of PM and in the light of the charter of ruling party, which
is then profoundly discussed and analyzed by Cabinet. After approval, the Chancellor of
Exchequer is to present the same in House of Commons, where it is passed without any
change, so the national purse is practically in control of British Cabinet.
4) Judicial Functions:
Although judicial powers belong to judiciary but some of the judicial functions have
been vested in the Cabinet. Lord Chancellor, who is the presiding officer of House of
Lords, is the head of the Judicial Committee of the British Privy Council. House of Lords
is the highest Court of Appeals and Lord Chancellor is its presiding officer. He is always a
leading Cabinet member. He has to give advice to the Queen in appointing the judges of
the superior courts. The power of pardon, reprieve and respite is exercised by the
Queen on advice of Secretary of State for Home affairs.
5) Policy-determining Functions:
The Cabinet is a deliberative and policy-formulating body. It discusses and decides all
sorts of national and international problems and attempts to reach unanimous
agreement. The Cabinet must present to the parliament and to world a single united
policy and if an individual member finds it’s impossible to agree with the conclusions of
the Cabinet he must resign.
When Cabinet determines on a policy, an appropriate department of government
carries it out by administrative action, if the existing law permits it or by submitting a
new one to parliament. Cabinet decides the measures, which are to receive priority, and
ministers initiate them in Parliament, defend them there and see they are enacted.
6) Coordinating Functions:
The essential function of the Cabinet is to co-ordinate and guides the functions of the
government. The government is a complicated machine and all its components must
work in perfect harmony and unison. No department of the government can work in
isolation from other department. It is the Cabinet which co-ordinates all inter-
departmental functions. The departments themselves try to resolve all differences.
When they fail to arrive at an agreed decision, the matter comes before Cabinet, which
thrashes out the issues involved and strikes out a firm decision
37
Conclusion:
It is concluded from the above discussion that the Cabinet exercises immensely large
powers in every sphere. It exercises so much power over administration, legislation and
finances of the country that it has practically usurped all important powers and
functions of the Parliament.
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Dictatorship of British Cabinet

 Introduction
 Dictatorship of Cabinet
 Causes of Dictatorship
 Strict Party Discipline
 Power of Dissolution
 Two-party System
 Rules of Procedure
 Collective Responsibility
 Enhanced Importance of Electorate
 National Emergencies
 Increase in Administration
 Position of PM
 Growth of Administration
 Committee System
 Conclusion
Introduction:
Originally Cabinet was committee of the Privy Council which became too large for
administration work. King Charles II (1660-1685) began to consult a small group of Privy
Councilors in matter of state. The Cabinet is called the child of Privy Council. In the reign
of Charles II the Cabinet acquired a formal shape. The Cabinet system further developed
during the reign of William III and Queen Anne. During the reign of George I, the office
of PM came into existence.
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Nature of Cabinet:

Dictatorship of Cabinet:
Cabinet has taken over all the functions of the House. This development has taken place
only in the 20th century. Till the close of the 19th century Parliament was sovereign in
theory as well as in practice and the Cabinet was a feeble body. It used to yield to the
slightest wish of House of Commons. Now the latter has become only a registering body.
Its authority has suffered almost in all directions.
Ramsay Muir refers this phenomenon as growing dictatorship of the cabinet.
Causes of Dictatorship:
The reasons of the growing strength of the Cabinet at the cost of House of Commons
are following:
1) Strict Party Discipline:

The main reason of the Cabinet dictatorship lies in the growth of rigid party discipline. In
the 19th century the parties were not as well organized as they are today. The number of
voters used to be very small on account of restricted franchise. Most of the candidates
would contrast elections independently. They would go to their constituencies, preach
their own doctrines and meet their own expenses. They were not thus pledged to the
support of any party government. There was, therefore, a good deal of free voting in the
House of Commons. The ministers were considered to be hired functionaries, and could
40
be dismissed whenever the House didn’t like their policies. This position has changed
altogether now on account of the introduction of universal franchise. The number of
voters has been increased immensely. The constituencies have become big. The cost of
electioneering has increased. Now it’s not in the hands of an independent candidate to
approach the voters and canvass for himself. Independent electioneering has thus
become difficult. It is now essential to be the member of one party or another. This
dependency of a person on party, party discipline and organization has become very
rigid. The members of the party are pledged to vote in favor of party. Voting against the
party is regarded as beach of discipline for which person is liable to be expelled from the
party. Expulsion from the party is considered to be political death. This fear of
disciplinary action keeps the member tongue-tied and they do not have the guts to
oppose the party leadership even if they do not see eye to eye with them. All this means
that once a certain party wins majority of seats in the House of Commons and it forms
its Cabinet, it will continue in office without any fear and fright. The members of the
party will blindly support the ministers even if some of them differ.
2) Power of Dissolution:
The second factor, which has strengthened the Cabinet, is its power to get House of
Commons dissolved before the expiry of its normal term. The PM can request the
Queen for dissolution of House. As a matter of convention, the Queen always accedes to
such request. The Cabinet can thus easily dampen the enthusiasm of the members who
want to revolt against it by threatening them with the dissolution of the House of
Commons. Dissolution means a new election. The sitting members don’t want it. They
would like to enjoy the membership of the House for its full term. In case of an earlier
dissolution, they’ll have to seek re-election which involves a lot of expenditure and
botheration. Above all, one may not be certain of being re-elected. Threat of an earlier
dissolution not only binds the majority party but also cools down the zeal of opposition.
To quote Bagehot:
“The cabinet is a creature of the House of Commons but unlike other creature, it has the
power of destroying its creators”.
3) Two-party System:
Another factor which has contributed to the strength of the Cabinet is the Two-party
system, which prevails in England. The parties dominating the political life of England at
present are the Labor Party and Conservative Party. These two parties are poles apart so
far as their ideals and objectives are concerned. The Conservative Party believes in free
enterprise whereas the Labor Party is wedded to the principles of socialism. Both parties
are highly disciplined and their members rarely desert them. As a matter of principle it is
difficult for a member of the party-in-power to cross the floor and join the opposition
even if he has certain differences with cabinet on a particular issue. After all, the cabinet
of his own party is nearer to him than opposition. It is, therefore rare that a government
41
supporter may vote against it.
4) Rules of Procedure:
The rules of procedure for conducting the business of the House of Commons have also
strengthened the hands of the Cabinet at the expenses of private members of the
House of Commons. Under these rules, it is the Cabinet which determines the business
to be submitted to Parliament or the House of Commons and time to be allotted to the
discussion of various subjects. It has been estimated that about 7/8 th of the total time of
House of Commons is taken up by government business. Even the time reserved for a
discussion on a private member’s bill can be utilized to complete government business.
Moreover, there are certain direct devices, such as Simple Closure, Kangaroo, Guillotine,
by which discussion on government measures can be brought to an end. All this
undermined the prestige and influence of private members of the House of Commons.
5) Collective Responsibility:
Another cause of Cabinet dictatorship is the collective responsibility of the ministers.
Every minister in England knows that the defeat of one minister will involve the
resignation of the whole ministry. The result is that all ministers work as a team and
help one another on all occasions. Unity is strength and no wonder the collective
responsibility of minister makes the position very strong. The lack of such a thing is
responsible for the instability of the ministries in country.
6) Delegated Legislation:
The House of Commons has to deal with heavy work. Being hard pressed for time; it has
little opportunity to leisure to scrutinize every detail of administration. So it is forced to
leave a good deal of work to the Cabinet, through delegated legislation and Orders-in-
Council. In simply passes various bills in broad outlines and leaves the rest to be filled in
by the executive. The new tendency has resulted in the enormous increase in the power
of the Cabinet and civil servants. Bureaucracy now makes all sorts of laws by way of
Orders-in-Council.
Ramsay Muir remarks that:
“An omnipotent Cabinet with immense but concealed power of bureaucracy sheltered
behind it is the dominating fact of the British system of government as it exists today”.
7) Enhanced importance of Electorate:

The spread of general education and political consciousness among the people are
factors, which are also responsible for transfer of power from parliament to electorate.
Before the beginning of 20th century, public opinion had very little opportunity for
functioning. Now with the development of press and other rapid means of
communication and publicity the public attention is at once focused on any problem
facing the country. A speech of member in the parliament is read by millions. Political
42
organizations and associations at once met and pass resolutions holding out a treat or
reward. Under the constant gaze of electorate, the members of parliament have lost the
freedom of action which they once enjoyed.
8) National Emergencies:
A series of national emergencies in England have also been responsible for
strengthening the hands of government in order to enable them to meet to situation
and save the country. During WW1, huge powers were delegated to then government.
The period between the two wars was also characterized by various problems like
industrial, labor unrest and the like. The National government was given almost
dictatorial powers. It could even impose duties without the consent of Parliament.
During WW2 again, the House had to concede a lot to the government in the interest of
public safety and security and for the purpose of prosecuting war successfully. Thus the
modern situation itself goes in favor of enhancing the powers of the Cabinet.
9) Increase in administration:
With the march of time, modernization, industrialization and administrative network is
expanding and resultantly the work and powers of the ministries are increasing. This
situation strengthens the hands of the ministers. More and more ministries are opened
while functions of the existing ministries increase. Thus spread in administrative
activities ultimately strengthens the Cabinet.
10) Position of PM:

In UK, real ruler is the British PM. He is the head of the Cabinet and Leader of the House
of Commons and in this capacity he is the most powerful authority in the state. PM is
generally the head of the ruling party and has national as well as international fame.
Position of PM is responsible for the strong-ness of the Cabinet.
Therefore Laski remarks that:
“The key-stone of the cabinet arch is the Prime Minister”.
11) Growth of Administrative Justice:

The growth of administrative justice has also added to the powers of cabinet. There is a
tendency on the part of the government to give the various ministries the power to
decide cases concerning their departments. Formerly those cases were decided by the
ordinary courts of law. The result of the change is that the executive has some to
possess a very large number of judicial powers also. This has undoubtedly added to the
prestige and strength of the Cabinet.
12) Committee System:

Most of the controversial matters are thrashed out in the committees and very little
scope is left for discussion in the House.
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Conclusion:
It is concluded from the above discussion that the powers of the Cabinet have increased
and increasing. The initiative in legislation and finance has passed on to the Cabinet. The
House merely registers the decisions of the Cabinet due to strict party discipline, two-
party system and collective responsibility. The position of PM is also strong which a
leading factor is.
44
House of Lords
 Introduction
 House of Lords
 Composition
 Disqualification
 Presiding Office & Speaker
 Quorum
 Privileges
 Nature of House of Lords
 Current Leadership of House
 Powers and Functions
 Legislative Functions
 Executive Functions
 Judicial Functions
 Deliberative Functions
 Revising Body
 Ventilation of Grievances
 Conclusion
Introduction:
The name of the British Legislature is Queen-in-Parliament. Parliament is Bicameral in
structure. The two Houses or Chambers are the House of Lords and House of Commons.
The Queen is an integral part of the British legislature.
House of Lords:
The House of Lords is an important part of the British’s political and judicial system. It is
unique in several ways. In the first place, it is the oldest legislative organ in the world. In
the second place, it is the only legislature in the world which membership is based on
hereditary principle. In the third place, it is the second chamber which is so vigorously
opposed. It is essentially a conservative chamber.
Composition:
The membership of the House of Lords is not fixed. Its number varies through deaths
and creation of new peers. As of August 2018, the House of Lords had __ members. It is
a permanent chamber and most of the peers hold office for the whole life.
All these members are grouped in the following seven distinct categories:
1) Princes of the royal blood. By customs, they don’t take part in its proceedings. Their
number is not more than 2 or 3 at a given time
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2) All hereditary peers other than minors. They are about 700 in number.
3) When in 1707 Scotland was united with England. It was agreed that all hereditary
peers of Scotland would elect 16 peers from their own number for each Parliament.
4) By the Act of 1800 for the union of England and Ireland, Irish peers were entitled to
elect 28 peers for life to represent them in House of Lords. Since setting up of the Irish
Free State in 1921 no new peers have been elected. At present there are only 2 peers.
5) The House of Lords is the highest court of Appeal. So it is necessary that it should
always contain a number of eminent judges and lawyers. There are 9 Law Lords who are
appointed for life and paid salaries.
6) Spiritual Peers retains their seats in the House of Lords as long as they remain in
Church service. 2 archbishops and 24 senior bishops are representatives of the Church.
7) About 31 life peers are in House of Lords whose titles are for life and can’t be
inherited to their descendent
Disqualification:
Persons under 21 years of age, aliens, undercharged insolvents and persons under
sentence for a serious crime are debarred from membership of the House of Lords.
Presiding Officer & Speaker:

The Lord Chancellor is the Presiding Officer of House of Lords. His position is different
from Speaker. Speaker is a neutral person. The Speaker is above party politics while the
Lord Chancellor is allowed to take part in party controversy and to speak in debates.
Lord Chancellor is the member of the Cabinet and also the head of judiciary. He has not
been granted any power or authority with which he can maintain order in House of
Lords. He can’t forcibly remove a headstrong debater as is done in the House of
Commons.
Quorum:
The quorum of House of Lords constitutes 3 members but when a legislative measure is
to be passed, attendance of at least 30 members is essential. The normal attendance of
the House is 50 while its average attendance is not more than 35.
Privileges:
The members of House of Lords enjoy some special privileges. For instance they have
right for free access to sovereign. They receive individual writs of summons to attend
Parliament and they can try impeachment cases brought by the House of Commons.
Nature of House of Lords:

House of Lords have been described as “fortress of wealth” and “directory of directors”.
About 200 members enjoy directorship of 120 companies. About 200 members own
2/3rd cultivable land of country. It is a leisurely chamber.
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Current Leadership of House:

The Speaker of the House is Lord Fowler, the Leader of the House is Natalie Evans and
the Leader of the Opposition is Angela Smith.
Powers and Functions:

The powers and functions of the House of Lords are following:
1) Legislative Functions:
The House of Lord does not have much legislative powers. Before the Reforms Act of
1911, it had co-equal powers with House of Commons but when the Act of 1911 was
amended by the Act of 1949, it deprived the House of Lords of its powers and now it is
only a shadow of its former self.
House of Lords have the power to introduce bills, although financial bills can only
originate in House of Commons. The Lords can offer amendments to bills passed by
Commons and the later is obligated to consider these amendments before passing a bill
into law. The Lords have the right to delay legislation. They can delay non-money bills
for one year while money bills for one month.
In recent times the House of Lords has become more active in subordinate legislation,
so as to relieve the House of Commons for more important work. In the case of private
bills and provisional orders, it assists the House of Commons to avoid the over burden
ness of Commons.
2) Executive Functions:
The House of Lords have no control over the executive. They can’t force Cabinet to
resign as does the House of Commons. They have only the power of asking questions
and supplementary questions from the government on any aspect of the administration.
They have the right to discuss policy of the government. They have the power to
approve or disapprove statutory instruments such as rules and regulations framed
under enactments. They also take part with Commons in removal of judges. Some
members of the Cabinet are also taken from House of Lords. Lord Chancellor is the
important member of the Cabinet.
3) Judicial Functions:
The House of Lord is a court of record. It hears appeal in civil & criminal matters from
English Court of Appeal if the Attorney General certifies that it is of exceptional public
importance. It also hears appeals from the Court of appeal of Northern Ireland & the
Scottish Court of Session. Technically the House of Lords in its judicial capacity is the
same as the House of Lords in any other capacity and hence all members can sit when
an appeal is being heard. When House of Lords sits as a court, it is presided over by Lord
Chancellor and 11 Law Lords. They have appellate jurisdiction in following two types of
cases.
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I. In all cases of impeachment

II. Trying a peer of treason
4) Deliberative Functions:
The House of Lords is more useful as deliberative body than as a legislative body. The
members of Lords includes merchants, administrators, writers, lawyer, governors,
scholars, scientists, diplomats, bureaucrats and other experienced men which provide
additional study and reflection and thus improve the quality of legislation. Their
suggestions and debates are of high value and quality. Some of them are elderly
statesman, politicians and Governor Generals of India and other dominions. As there is
no danger of dissolution the members of the House of Lords feel secure in their position
and speak out their minds. There are no rules of procedure which can restrict debate.
There are no party whips and lobbying hence the debates can influence the government
and people.
5) Revising Body:
The House of Lords works as a revising chamber. It exercises a check on hasty legislation
and passes those laws on which the public opinion has been ascertained widely due to a
lapse of certain period. During the interval, the public opinion and the expert opinion
are included in the bills, by revising them.
6) Ventilation of Grievances:
The House of Lords performs the function of the ventilating the political issues between
the two parties of the House of Commons. It safely discusses such issues without
involving the government of day. It also tackles all those political problems which are
not yet ripe for legislation, but need legislation
Conclusion:
It is concluded from the above discussion that House of Lords is a traditional and
hereditary institute deeply mixed in the national life. It performs various functions such
as initiation and revision of bills, delaying and examining the bill and putting vital
questions and positive criticism on the government policy.
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House of Commons
 Introduction
 House of Commons
 Composition
 Election
 Qualification
 Term
 Speaker
 Privileges
 Summoning and Prorogation of Sessions
 Current Leadership of House
 Financial Powers
 Amendment in Constitution
 Redressing of Grievances
 Political Training
 Position of House of Commons
 Conclusion
Introduction:
The name of the British Legislature is Queen-in-Parliament. Parliament is Bicameral in
structure. The two Houses or Chambers are the House of Lords and House of Commons.
The Queen is an integral part of the British legislature.
House of Commons:
The House of Commons is the lower or popular chamber of British Parliament. It is more
powerful and influential than House of Lords. Gladstone aptly remarks that
“House of Commons is the centre of the English political system.
The sun around which all other bodies revolve”.
Composition:
At present the House of Commons consists of 650 members. There are 51 members for
England, 72 for Scotland, 37 for Wales and 12 for Northern Ireland. The whole country is
divided into 659 constituencies.
49
Election:
According to the Representation of the People Act 1949 as amended in 1969, all the
British subject who are 18 years of age and whose names are registered in voter list of
their constituency, has the right to vote. However insane persons, criminals, aliens
undercharged, insolvent, bankrupts and returning officer can’t vote. Three months
residential requirement in an electoral district is prescribed for registration as voter.
Qualification:
Any British citizen male/female, who is 21 years old or above can contest elections. The
clergymen, civil servants, member of regular armed forces, policemen, judicial officials
and member of House of Lords are disqualified from being elected member of House of
Commons.
Term:
The term of the House of Commons was three up to 1716, from then up to 1911 it was
seven years, but now it has been fixed at five years under the Parliament Act of 1911.
However it can be dissolved by the Queen before its normal expiry term.
Speaker:
Meetings of the House are presided over by Speaker. He is the important figure in
House. He is elected by the House and approved by Queen. As a matter of fact, the
selection is made by the PM. After being elected as a Speaker, he becomes a political
exile. He discards is party color and becomes strictly neutral in party politics.
Privileges:
The members of the House of Commons enjoys following privileges.
I. The House enjoys freedom of speech in the matters of debates.
II. The House has the right to regulate its own constitution including the right to
expel members.
III. The House has right to exclude strangers from House.
IV. The House has the right to prohibit publications of its own debates.
V. The House has the right to enforce its privileges and commit for contempt for
breath of its own privileges.
Summoning and Prorogation the Sessions:

The sessions of the Parliament are normally summoned more than once a year but
holding of at least one session an year, is a constitutional requirement based on a
convention. The presence of at least 40 members constitutes the quorum in order to
carry on the business of the House. If it is short of quorum and any member draws the
attention of the Speaker to this effect, it is postponed till the completion of the quorum.
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Current Leadership of House:

The Speaker of House of Commons is John Bercow while the Leader of House of
Commons is Andrea Ledsom.

The powers and functions of the House of Commons are following:
The House of Commons is a very powerful legislative chamber. It can make, amend and
repeal both ordinary and constitutional laws. There are few checks over its legislative
authority. The veto power of the Queen has fallen in disuse. It has not been used since
1707. The House also plays an insignificant part in law-making. Its wings were clipped by
the Parliament Act of 1911, according to which it could delay non-money bills for not
more than two years and money bills for one month. If the House of Commons passes a
bill twice with an interval of one year between the 2 nd reading in the 1st session and 3rd
reading in the 2nd session, the bill shall go to Queen for her assent. This shows that to all
intents purposes, the House of Commons is the real Parliament of United Kingdom.
Great Britain has a parliamentary form of government. The real executive is the Cabinet
who is responsible to the House of Commons. The House makes or unmakes the Cabinet.
For everything which ministers do, for every advice they give to Queen, they are
answerable to the House of Commons. The Cabinet governs the country as long as the
Commons continues to support its acts and policies. It has to resign whenever the House
passes a vote of no confidence in it. The House can indicate its lack of confidence in the
Cabinet by
I. Rejecting a government bill.
II. By rejecting the budget.
III. By passing a private member’s bill opposed by the Cabinet
IV. By passing a direct vote of no-confidence without assigning any reason
If this happens, the Cabinet has to resign or appeal to the electorate. In practice the
House of Commons isn’t able to overthrow Cabinet. This is due to the rigidity of the
party discipline. A member of the party in power never votes against his government.
Through debates and questions, the domestic and foreign policies of the government
and its particular actions are criticized by members of House. It throws a penetrating
beam of criticism on all activities of the Cabinet.
3) Financial Powers:
The House of Commons exercises control over the State Finance. A money bill can be
only originated in this House. In every February of the year, the Chancellor of
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Exchequer places before the House, the budget containing estimates of income and
expenditure of the government for the coming year. Money can be spent or taxes can
be raised only when approval of the Parliament is received. Once the House of
Commons passes a money bill the House of Lords can delay it only by one month after
the lapse of which period the bill becomes ready for the signature of Queen. It is thus
the guardian of the national purse. The House also criticizes the manner in which funds
are spent and sees that account are properly checked and audited.
4) Amendment in Constitution:
The constitution of Great Britain is the most flexible constitution of the world. It means
it can be amended by the simple majority of the House of Commons in a flesh of time.
There are no differences between the common law and constitutional law in UK. Both
can be changed, abolished or made with simple majority of the total in the lower House.
Conventions are spontaneous but laws of the constitution are in the control of House of
Commons.
5) Redressing of Grievances:
Another important function of the House of Commons is to ventilate public grievances.
A grievance may relate to any matter whatsoever. The refusal of a passport to a
particular person, the improper pressure put on a taxpayer by revenue authorities,
pension refused to particular person and a thousand other matters can be brought to
the notice of the government aid redress sought. The question time, for which an hour
is set aside on each day the House of Commons meets, gives an opportunity to the
private members of House of Commons to obtain information from the government on
any public matter and ask what action the responsible minister proposes to take to
redress the grievance.
6) Political Training:
The House of Commons trains the politicians and statesman because it provides full
opportunity to its members to be groomed in political affairs of the government
administration. Every important statesman has served his apprenticeship in the House.
Mr. Gladstone was a member of House of Commons for more than 60 years, Disraeli for
40 years and Mr. Asquith for 50 years. Mr. Churchill became PM after remaining in the
House for more than 30 years.
Position of House of Commons:

Although theoretically the House of Commons is so powerful, yet in practice it is at the
helm of the Cabinet. The Cabinet has become the master of the House of Commons. The
20th century has witnessed the rise of Cabinet dictatorship. Most of the bills are moved
by the ministers and are passed as desired by the Cabinet. No bill can be passed without
the support of the Cabinet. Budget is also prepared by the Chancellor of Exchequer.
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The members of the Parliament are supposed to support their government otherwise
their disloyalty would jeopardize their career. The result is apparent that no Cabinet has
ever been ousted by the vote of no-confidence since 1895. The two-party system makes
the party discipline very strict and no floor-crossing takes place. Thus the member has to
follow the Cabinet which resultantly caused the dictatorship of Cabinet by the consent
of the Commons.
Conclusion:
It is concluded from the above discussion that House of commons enjoys extensive
legislative, financial and executive powers. It makes amends and repels both ordinary
and constitutional law. It ventilates grievances, extracts information, gives direction and
select leaders. But she does all this in complete subordination to Cabinet.
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Powers and Functions of PM

 Introduction
 Prime Minister
 Evolution
 Election/Appointment
 Position
 Current PM
 Leader of the Cabinet
 Leader of House of Commons
 Principal Advisor of Sovereign
 Source of Communication
 Control over Foreign Affairs
 Fountain of Honor
 Settlement of Departmental Disputes
 Manager-in-Chief
 Chairman of Various Bodies
 Acknowledged Leader of Party
 Conclusion
Introduction:
Wherever there is a parliamentary form of government the general election has become
the election of the Prime Minister.
Prime Minister:
The Prime Minister of the Great Britain enjoys a position of supreme importance in the
British Constitution. Ogg a political philosopher, while clarifying the position of the
British PM says that
“British PM is like a moon among the shining stars”.
Evolution:
The office of the PM is a result of mere accident. British King George I was ignorant of
English and he abandoned to preside over the meetings of the cabinet and thus this
chair was occupied by a senior minister. Slowly and gradually the position of the senior
minister changed into Prime Minister. In start, position of PM wasn’t legally recognized.
That was Mr. Robert Walpole who started to reside at 10, Downing Street. Until 1878
the term “Prime Minister” was not appeared in any public document. It was in treaty of
Berlin that the Lord Beaconsfield was referred to as First Lord of Her Majesty’s Treasury.
54
In the Act of 1911 and 1949 this office was legally recognized.
Election/Appointment:
British PM is not elected by the electorates but by the members of the Parliament on
the basis of his talents, efforts and achievements during a long course of his political
career in Parliament, politics and government. In his long drawn process, several
influences and factors come to play their role in the choice of the PM. The most
important among them are the voters of his country and the members of his party in
House of Commons.
The British PM is appointed by the Queen. This means, he is the choice of Queen, who
normally chooses an elected member of the Parliament who is the recognized leader of
the majority party in House of Commons. The choice of PM is automatic. He is elected
for five years.
Position:
The PM of Great Britain enjoys a position of supreme importance in the British
constitution. He is often referred to as an autocrat as long as he enjoys the support of a
stable majority in the House of Commons. He is even more powerful than the American
President in certain respects.
That’s why different scholars remarks thus:
Prof. Munro:
“British PM is that captain of the state”
Marriot:
“British PM is the political ruler of the England”
Lord Morley:
“British PM is the key-stone of the Cabinet arch”

The powers and function of the British PM are as follows:
1) Leader of Cabinet:
If Cabinet is the engine of the ship of state; the Prime Minister is its driver. He is the
moon round which the stars revolve. The Prime Minister forms the ministry. He
appoints and dismisses the ministers with the ceremonial approval of the Queen. In the
selection of his colleagues, his choice is unrestrained except that he must include 5 or 6
top leaders of his party. Otherwise he has a free hand to choose his colleagues because
he has to find a homogeneous team. Sometimes, Prime Minister with his dominating
personality may keep even a prominent member of his party out of his Cabinet. For
example Mr. Chamberlain kept Mr. Churchill out of his Cabinet.
PM is the Chairman of his cabinet and presides over its meetings. He may force any
member to resign if he does not see eye to eye with him. Prime Minister Mr. Margaret
55
Thatcher has given a new term to her government - the Conviction Cabinet by stating
that she couldn’t waste time having any internal argument. But ordinarily, decisions in
the Cabinet are taken by a majority vote but a policy supported by a Prime Minister is
more likely to be accepted. He can ask his colleagues to accept his views or resign. In
case, the Cabinet does not yield to his wishes he may even threaten them with his own
resignation, which means the collapse of the whole Cabinet. Ramsay Muir
demonstrated this attitude in 1931.
2) Leader of House of Commons:

Often in the past, the Prime Minister has acted as leader of the House of Commons and
indeed it is appropriate not only theoretically and constitutionally, but in many respects
practically also, that he should be the leader of the House of Commons because the life
of a particular government depends particularly on the fact whether or not the Prime
Minister is able to retain the confidence of the House of Commons. He should be able to
lead it if he wants to keep his office. The significance of the leadership of the House is
that, that all important announcements are made by him and questions with regard to
critical issues are always addressed to him. As a leader of the House he has the power to
correct the errors in the statements issued by his colleagues. The House always expects
a statement from him whenever some important issue arises or when ministers do not
give satisfactory replies to questions.
But the weight of the business of government these years has become so great that it is
beyond one man's strength to do two jobs. The Prime Minister has so much to do in his
office and around the cabinet table that he can’t also be expected to spend long hours,
five days a week, on the front bench in the House of Commons attending to all details.
So it has become customary for a senior minister to be the leader of the House of
Commons. The prime minister of course, is there for all important affairs. He must speak
on behalf of government on all important measures and problems.
3) Principal Advisor of Sovereign:

The Prime minister is the mouth-piece of the Cabinet. He conveys its views and
decisions to the Queen and conveys the Queen's messages to the Cabinet. As the
Cabinet stands between the Sovereign and the Parliament, so the Prime Minister stands
between the Sovereign and the Cabinet. He is the Queen's chief adviser. He can
recommend to the Queen, a dissolution of the House of Commons if he wishes to put
the government's policy to the country before the normal time, for a general election
has come. He advises the Queen to summon, prorogue or dissolve Parliament.
4) Source of Communication:
The Prime Minister is a link, between the Cabinet and the Queen. He is the chief advisor
of the Crown not only in the affairs of the United Kingdom but also in those of British
Colonies and Common Wealth countries. Although every Cabinet minister has a direct
56
right of access to the Queen, yet no loyal colleague would ever think of communicating
any important matter to the Queen without the consultation of the Prime Minister. Mr.
Baldwin exercised his freedom regarding advising the Crown even in personal matters.
He advised King Edward VII on his contemplated marriage with Mrs. Simpson. He
consulted the Cabinet only at that stage when differences became irreconcilable.
5) Control over Foreign Affairs:

Conduct of foreign relations is the direct concern of the Prime Minister even though he
does not hold this portfolio. The Foreign Secretary always keeps a close contact with the
Prime Minister and consults him on all-important matters of foreign policy. In fact all
international agreements and treaties on behalf of U.K are made on his initiative. He
may give a promise before hand that such and such treaty will be signed and ratified.
The Prime Minister may occasionally attend and participate in international conferences.
Lord Beaconsfield attended Berlin conference, Lloyd George took part in Paris Peace
Conference, Mr. Chamberlain took part in Munich Conference, and Churchill had some
six meetings with President Roosevelt and two with Stalin during World War ll. At these
conferences the Prime Minister may even make secret commitments.
6) Control over Finances:

The Prime Minister also exercises enough control over national purse. The Chancellor of
Exchequer is the close friend of him, who informs him about all the financial affairs of
the country. Although the annual budget is prepared by the Chancellor of Exchequer,
yet he consults the Prime Minister for general policy and each and every items of the
budget.
7) Fountain of Honor:
The Prime Minister enjoys vast patronage both in government and church. He appoints
a number of officials like ambassadors and other diplomatic representatives, Governor-
General of Dominions, Governors of colonies and other officials. He recommends award
of all titles and honors by Queen to the distinguished persons in society.
8) Settlement of Departmental Disputes:

The Prime Minister exercises control over all departments and settles the disputes
which may arise among the various departments. He creates the spirit of harmony and
cooperation among various organs of the government. He can change the portfolios
from one minister to other as he like fit. He plays the role of impartial judge and
supplies the cementing force in running the administration smoothly. Thus, he is chief
coordinator of policies and general manager of the governmental organization.
9) Manager-in-Chief:
The Prime Minister is the chief coordinator of policies of the several ministries and
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departments. He is in fact the general manager of the government organization.
10) Chairman of various Bodies:

The Prime Minister is the ex-officio Chairman of the important Committees like foreign
affairs, defense and economic policy.
11) Acknowledged Leader of Party:

The Prime Minister is the acknowledged leader of his party which is majority in
Parliament.
Conclusion:
It is concluded from the above discussion that PM of England is endowed with vast
powers. He is head of Cabinet. He exercises the supreme control over foreign policy and
national purse. He is the spokesman of Queen.
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Powers and Functions of Speaker

 Introduction
 Definition
 Origin
 Election
 Emoluments
 Current Speaker of the House
 Spokesman of the House
 Chairman of the House
 Functions regarding Discipline and Dignity of House
 Interpretation of Rules of House
 Executive of House
 Tie-Breaker
 Incharge of Department
 Protector of Rights
 Impartial Person of House
 Other Functions
 Conclusion
Introduction:
The Speaker enjoys a unique position in the English political system. Once a particular
person is elected as a Speaker, he is allowed to continue as long as he is prepared to
serve. He is also allowed to be returned unopposed to the House from his constituency.
He is known as Speaker but he rarely speaks. This office is as old as House of Commons.
He is called Speaker because he alone has the right to speak on behalf of the House of
Commons before Queen.
Definition:
The Oxford English Dictionary defines the Speaker as:
“The member of House of Commons, who is chosen by the House itself to act as it
representative and to preside over its debates”.
Origin:
The origin of the office of the speakership is obscure. Sir Thomas de Hungerford, in 1377,
is said to be the 1st person to be appointed as Speaker. In the earlier times, the House of
Commons was merely a petitioning body and Speaker was their recognized spokesman.
Since he was only a spokesman that’s why he came to be known as Speaker.
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Election:
The first task of every new Assembly is to elect its Speaker. In practice, he is the choice
of PM who selects him in consultation with party leaders. He makes sure beforehand
that he will be acceptable to the whole House. The election by the House is only a
formality. As he is the choice of PM, he is elected by the PM, since this means the lack of
confidence in the Cabinet. Afterwards the Sovereign approves his election, which is also
a formality. Within 24 hours, the Queen approves the choice of the Commons.
Once a Speaker is appointed, he is generally re-elected for as long as he wishes and feels
able to serve, whether or not the party which first nominated him for the speakership
continues in office. Even his constituency re-elects him unopposed. It is therefore
common to find a conservative serving as a Speaker under a labor government and vice
versa. This is flourished due to the convention that:
“Once a Speaker, always a Speaker”.
Emoluments:
The Speaker of House of Commons is paid a handsome salary per year and is supplied
with a well furnished official residence free of rent in a wing of the Palace of West
Minister. After his retirement he is given a handsome pension per year. Peerage is also
granted to him as a mark of honor after his retirement.
Current Speaker of the House:

The current Speaker of the House of Commons is John Bercow, who was initially elected
on 22nd June 2009, following the resignation of Michael Martin.

Following are the powers and duties of the Speaker of House of Commons.
1) Spokesman of the House:

As Spokesman of the House, he claims the traditional privilege of the House from Queen.
The Commons have the access to the Crown only in the presence of Speaker or in a
body with Speaker at their head. In the name of the Commons, he conveys thanks and
censures of House to Crown.
2) Chairman of the House:

As Chairman, he presides the meetings of the House. He himself doesn’t take part in
debates. He invites the members to speak and permits the members to address the
House. He gives equal time to the government and opposition benches in debates. Every
speech from the government side is followed by a speech from the opposition side.
3) Functions regarding Discipline and Dignity of House:

Speaker maintains discipline and decorum in the House. He can warn a member against
60
unparliamentary behavior and can order him to stop speaking. He can expel visitors and
press representatives from premises of House to maintain law and order. He may even
ask a member to withdraw from House. If he doesn’t go he will “name” the member
which means the expulsion from House. On first occasion, when the member is named
he is expelled for five days, on the second repeated mistake he is expelled for twenty
days and if he repeats the mistake again for the third time he is ordered to remain
outside for the rest of the session. If the member refused to get out of House, the
Sergeant-at-Arms escorts him out. Thus he is empowered to check disorder, irrelevance
and unparliamentary language or behavior in House.
4) Interpretation of Rules of House:

As Chairman of House, Speaker is frequently required to interpret the rules of
procedure of House to decide on points of other raised by the members and to admit
various motions. His decisions in this respect can not be questioned or challenged.
5) Executive of House:
As a representative of House, the Speaker receives documents addressed to the House
and communicates them to house at his discretion. He is responsible for printing of the
parliamentary papers and he is also responsible for their delivery to members. He issues
a number of warrants in the name of House for various purposes.
6) Tie-Breaker:
The Speaker doesn’t take part in debates. He can only cast his vote in case of tie. But
practice is that he does it such a way as to maintain the status quo. He doesn’t force his
decision upon House by his vote. He gives the House another chance to decide question.
7) Incharge of department:
The Speaker is incharge of an administrative department called the Speaker’s
Department of the House of Commons. The clerk of House, a Librarian, and an Examiner
of petitions for private bills, office of Vote officers and other members of the staff
belong to this office.
8) Protector of Rights:
The Speaker is an impartial custodian of the rights of the minorities. The motions which
deliberately interfere with minority rights aren’t moved and the Speaker warns the
House of the consequences of the motions which do not directly but might indirectly
affect those rights. The authority of the Speaker is greater than his powers and the
House of Commons takes great care to maintain and even to enhance its prestige.
9) Impartial Person of House:

The office of the Speaker is strictly of non-partisan character. He must wear “The white
61
Flower of a neutral political life”. The Speaker after election leaves behind all party ties
and sympathies and act as a impartial judge. He neither takes part in debates nor
attends the party meetings.
10) Other Functions:

Speaker picks up a panel of 10 members who are made chairmen of Standing
Committees. Occasionally he is required to preside over a constitutional conference like
Buckingham Palace Conference of 1914 and Speaker’s Conference of 1920. He also
decides whether a bill is money-bill or not. If a large number of amendments have been
tabled for discussion, he selects the more important ones and puts them to vote. He
also decides that which political party should be official opposition.
Conclusion:
It is concluded from the above discussion that the Role of Speaker is very conspicuous in
England. He is the chairman, executive and the spokesman of the House. He is an
impartial judge and interprets the rules of House.
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Legislative Procedure
 Introduction
 Definition of Bill
 Kinds of Bill
 Legislative Procedure (Non-Money Bill)
 Drafting of a Bill
 1st Reading
 2nd Reading
 Committee Stage
 Report Stage
 3rd Reading
 In House of Lords
 Royal Assent
 Legislative Procedure (Money Bill)
 Conclusion
Introduction:
Great Britain has parliamentary or responsible form of government which means that all
laws are made by the Parliamentary through a proper legislative procedure. These laws
begin with a bill and end with a law known as statute.
Definition of Bill:
Bill is a legislative proposal put before the Parliament for approval.
Kinds of Bill:
The process of legislation varies with various kinds of bill. Some of them are following:
1) Private Bill:
A private bill deals with one locality or individual or an institution. It doesn’t concern the
general interests of the community. Mainly these bills concern local bodies in Britain.
Thus a bill giving power to a corporation for constructing a bridge is a private bill. A bill
granting pension or some other privilege to a person is also a private bill. These bills
always have some outside interest and originate as petitions from private individuals or
local authorities. These bills originate in either House of Parliament. The procedure for
passing private bills differs considerably from that employed for passing public bills.
2) Public Bill:
The public bills affect the general interests of the country as a whole or a large part of
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the community. As for instance, a measure to set up a national health service, to

nationalize the coal industry is a public bill. Bills dealing with estate duties tax and excise
duty on cloth are other examples of public bills. Such bills can be introduced both by
ministers and private members of the parliament. These can be initiated in either House.
3) Money Bill:
Money bills deal with financial matters. Mainly these bills concern with raising or
spending of money by State. For example, the expenditure proposed by a department in
the next year shall be a money bill. Similarly when the government imposes a new tax,
the bill imposing that tax shall also be a money bill. The Parliament Act of 1919 provides
that the certificate of the Speaker of the House of Commons is enough to declare a bill
to be a money bill. Money bills are invariably moved by the government and not by
private members. They can originate only in the House of Commons.
4) Government Bill:
Government bill is brought before the Parliament by a minister. They are brought before
the House when approved by the Cabinet. The experts in the Permanent Civil Service
frame them. They can originate in either House but as a matter of practice nearly all
important bills are introduced first in the House of Commons except the judicial bills,
which are introduced in House of Lords. The life of Cabinet hangs on the government
bills introduced by its members. If Parliament refuses to pass any bill which is declared
by the Cabinet as a vital bill, it would be tantamount to a vote of no confidence and the
Cabinet consequently resigns.
5) Private Member's Bill:

A private member's bill is one that is introduced by members of Parliament other than
ministers. Such a Bill has little chance of being placed on the statute book without the
backing of the government and the government does so only in rare cases. The time
devoted to these bills is practically a waste. The procedure for the passage of a private
member’s mill is the same as for government bills.
Legislative Procedure for a Non-Money Bill:

A non-money bill is crossed with the following various stages.
1) Drafting of a Bill:
The first step is drafting of a bill. The member who is going to introduce the bill in
Parliament himself drafts the bill. The minister first prepares a rough draft. The Cabinet
examines this. The Cabinet may make changes in the outlines of the bill in the light of
discussion held with local bodies, the Civil Service and other interested parties affected
by the bill. After this it goes to the draftsman and it is he who gives it shape of a regular
bill. Then it goes to the Cabinet, where it is again discussed and approved.
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2) 1st Reading:
The second step is the introduction of the bill in the Parliament. The introduction of
every bill whether by the government or by a private member is to be followed by a
notice in advance. The submission of notice brings a particular bill on the Agenda or the
Order of the Day. On the appointed day the Speaker asks the sponsor of the Bill to place
the Bill (a dummy containing its title) on his table. The clerk of the House reads out the
title of bill, its nature and purpose. There is no debate or voting. This finishes the First
Reading. The Bill is automatically ordered to be printed and publication shortly follows.
It is then placed on the proper calendar to wait its turn for the discussion of the
Chamber.
3) 2nd Reading:
The second reading is the most crucial stage in life of a bill. This is the main occasion for
the discussion on bill. On a day fixed in advance by an order of the House, introducer of
bill stands and moves that it be now read for a second time. It is at this stage that “the
battle between friends and foes of measure” really begins. The introducer of the bill
explains, elaborates, elucidates and defends the bill. Debates take place on principles of
Bill. There is no detailed clause by clause discussion at this stage. A leading member of
the opposition follows the minister incharge of Bill, criticizes and attacks it. The
opponents generally adopt either of the following two methods to deal with bill.
I. They move an amendment/amending resolution which nearly seeks to kill
the purpose of bill if not the bill itself.
II. The opposition moves that “the bill be read this day six months hence”.
If the opponents are successful in getting either of the above proposals passed by
majority, the bill is killed. The defeat of government bill is tantamount to a vote of no
confidence against the Cabinet and it must resign/ask the Queen to dissolve Parliament
and call for a new election. The party in power, therefore, uses all its resources to see
that the bill gets a comfortable majority and support.
4) The Committee Stage:

After the 2nd Reading the Committee's stage begins. In the Committee the bill is
discussed clause by clause and line by line. It is at this stage, that the final decisions
regarding the exact shape of the bill are made. The Committee can, if necessary propose
amendments to improve the bill. After discussion, the recommendations of Committee
are drafted in the form of a report and it is submitted to the House.
5) Report Stage:
When the Committee stage is over the bill enters the Report stage. The bill is now
submitted to the Committee of the Whole House with the Chairman of the Committee
in chair showing what the committee has done to it. The report of the committee is
discussed in detail and even the principles of the bill may be debated again especially
65
when the bill is of controversial nature. Thus the report stage gives to the House an
opportunity for retouching the principles of the bill. At this stage the members have the
last opportunity of altering the bill. Fresh amendments can he made and inserted. But
ordinarily the bill is sent to the next stage, especially if it is required urgently or is of
non-controversial nature.
6) 3rd Reading:
Then comes the last stage or 3rd reading. Although the fate of the bill is pretty well
certain by that time, yet the opposition can make another attack on the bill. The debate
at this stage is again only on the principles and no detailed discussion can take place.
The entire bill is put and there is no doubt that the measure would be adopted by the
House. The bill has been passed but only in one House. It may be noted that every time
a debate is commenced or concluded, the mayor of the bill, who is supposed to be
piloting it, makes a speech either explaining the measure or replying to the criticisms.
He remains in charge of the bill till it is passed.
7) In House of Lords:
If the Bill is passed in the House of its origin it is sent to the other House, where it also
passes through all the above stated stages. If it is passed by the Lords in the same form
it is sent for Royal assent. In case both the Houses fail to agree on a bill, an effort is
made to bring a compromise by exchange of written message between Committees
representing both Houses. Failing an agreement, the Commons under the Amendment
Act of 1949 may decide to re-pass the Bill at two successive sessions. With an interval of
at least one year between the first and final passage and in such a case, the bill would
be sent for Royal assent not withstanding the non-concurrence of the House of Lords.
8) Royal Assent:
The Queen may give her assent in person. Now-days Royal assent is given by
commission on behalf of the Queen. The Royal assent hasn’t refused a bill which has
been passed by the two Houses of the Parliament since 1707.
Legislative Procedure for a Money Bill:

Control over public purse is very effective weapon of popular defense against executive
tyranny. In Britain, this power belongs to the House of Commons. The House controls
both income and expenditure of government.
Important Points:
With regard to financial procedure following points are important to be noted.
1) A money bill must originate in the House of Commons. It can’t be introduced in the
House of Lords. An ordinary Public Bill can be introduced in either of the two Houses.
66
2) A money bill must be introduced by a Minister (usually the Chancellor of the

Exchequer). A private member cannot initiate a money bill. An ordinary public pill may
be introduced by any member of Parliament.
3) As regards the proposals for expenditure, House of Commons may approve them in
original, may reduce amount or may altogether refuse them, but certainly it can neither
suggest an increase in any item or propose a new item nor can propose a new tax or
increase the rate of a tax recommended by the government. It can only accept, reject or
reduce taxation proposals. An ordinary Public Bill can be amended by the House of
Commons in any way it likes.
4) A money mill after it has been introduced in the House of Commons is referred to the
Committee of the Whole House and not to any Standing Committee.
5) The Parliament Act of 1911 lays down that a money mill passed by Commons and
presented to Lords must be passed by Lords without any amendment, within one month,
otherwise it will be presented to the Queen for her assent and will become an Act. An
ordinary Public Bill sent up to the House of Lords by the Commons can be amended and
delayed by it for one year under the Parliament Act of 1911 as amended in 1949.
Procedure:
Every year, the Chancellor of Exchequer places a budget containing estimates of income
and expenditure of the government for the ensuing year, before the House of Commons.
The first step in the preparation of Budget is the collection of estimates of expenditure
for every department of government. In beginning of the month of October, every year,
the treasury issues a circular asking each department to furnish an estimate of its
expenditure on a form prescribed by the treasury. When all the estimates are collected,
a conference is held among the Treasury Officers and the heads of the various
departments. All possible adjustments are made in this conference. When all estimates
are ready, the report is submitted to Financial Secretary who examines the expenditure
in the light of probable revenues accruing next year. After that the Chancellor of
Exchequer examines the whole thing and lays his final plan before the Cabinet.
The estimates of expenditure are divisible into parts.

I. Estimates of expenditure for Supply Services of various departments of the
government including armed forces.
II. Expenditure on items like the Queen's Civil List, salaries of judges and some
special officers, National Debt charges for Consolidated Fund Services and
pensions and annuities. Expenditure on this part is prepared and presented
before House separately as it doesn’t require annual sanction of Parliament.
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All the estimated expenditure is presented before the House in the Budget Session,
which begins in January or February. After the opening speech of the Queen, the House
resolves into the Committee of Supply, which is the Committee of the whole House. It is
presided over by the Chairman of the Committee f Supply instead of Speaker. Rules of
procedure of House are relaxed. First of all estimates for three wings of the armed
forces are discussed and voted upon. Then expenses on civil administration are
submitted. Usually, no amendments or modifications are carried unless the Cabinet
accepts them. Generally a period of some 20 days or so is allotted for Supplies. When
the allotted time is over, the rest of the items are passed without any debate.
When this stage is over, the House resolves into the Committee of Ways and Means,
which is also a committee of the whole House. The Chancellor of Exchequer delivers his
Budget Speech in which he reviews the financial policy of the government. The
committee then passes a resolution authorizing the issue of money from consolidated
fund to provide for the estimates passed by Committee of Supply. The resolutions of
both the committees are then reported to House when it meets with the Speaker in the
Chair. The resolutions of the Committee of Supply are embodied in the Appropriation
Bill. Similarly the revenue items are discussed first by the committee of the whole House
and then reported back in the form of the finance bill. The first deals with all
expenditure and the second deals with new taxes and changes in old ones.
These Bills then pass through all the five stages in the House of Commons. After having
been passed in the House of Commons these are referred to the House of Lords which
can simply delay them for one month at the most. Towards the close of the month of
August, the Bills receive the royal assent and government obtains the legal authority to
spend money and raise taxes.
The last year’s grants expire on the 31st March. The government requires money till the
new grants are sanctioned. So for this period, Parliament grants provisional authority to
the treasury to spend money subject to the subsequent approval of Parliament.
Control of Parliament over Money:

Theoretically, Parliament, especially the House of Commons, has full control over the
public money. A single penny can’t be spent and a farthing can’t be raised by way of
taxation without its approval. The standing order No. 66 clearly disallows a private
member of the House to propose any tax. Private members cannot increase demand for
grant or amount of tax proposed. They can simply accept or reduce or reject a demand
or proposal for taxation. But the legislative history of England shows that never a
demand for grant or proposal for taxation has been rejected by the House of Commons
during the last 25 years. The Cabinet gets the Budget passed in the House with the
support of a loyal and subservient majority in the House.
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In the words of Munro,

“If British Budget was put directly into effect as soon as it has been approved by Cabinet
without going to the House at all, its final figures would not be appreciably different.”
The rise of Cabinet Dictatorship has led to the utter subordination of the House. A
private member of the House is an imposing cypher. The members of the majority party
are bound by discipline to support the Cabinet. They blindly support all that the
ministers want them to do. This shows that it is not the Parliament, which controls the
Public Purse, but it is the Cabinet which has assumed the position of real Comptroller of
the National Purse.
Conclusion:
It is concluded from the above discussion that the law making process is very important
as it often determines the faith of the nation of UK. Parliament especially the Cabinet
attains the vast powers in the field of legislation. There are different processes for
different types of bills.
69
Characteristics of British Judicial System

 Introduction
 Origin of British Judicial System
 Characteristics of British Judicial System
 Independence of Judiciary
 Multi-Judicial System
 Hierarchical Systems
 Based on Principles
 Dual System of Bar
 Absence of Judicial Review
 Jury System
 Rule of Law
 Justice for Peace
 Parliamentary Commissioner
 Role of Privy Council
 Disposition of Cases
 Guardian of Liberties
 Conclusion
Introduction:
The Judiciary is the third organ of government. Its basic function is to interpret laws and
apply them to particular cases. The British Judicial System is unique in the world. It is
independent, honest, impartial and available to all people irrespective of their caste,
creed, color and status. The laws in England are characterized into three kinds i.e.
I. Statute Law
II. Common Law
III. Equity
IV. Rule of Law
Statute Law consists of all laws passed by Parliament. It’s the written law of land.
Common Law consists of principles and rules of conduct based upon ancient customs
and recognized by law courts. Equity means fairness. The rules of equity exist for the
purpose of doing justice is cases which aren’t covered by the Common Law or Statute
Law. Rule of Law is looked upon as the very essence of free government in England.
According to this every individual has certain rights and liberties which can’t be taken
away without proper and fair trial in court of law.
Origin of British Judicial System:

The British Judicial system owes its existence to the Judicature Act of 1873 and 1881.
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It is a result of a long historical process. It has its roots in Anglo-Saxon period, when
Monarch used to establish local courts to provide justice to their subjects.
Features of British Judicial System:

The main characteristic or features of British Judicial System are following:
1) Independence of Judiciary:
The main feature of British judicial system is the independence of the judiciary. Judges
are independent and are free to administer justice and enforce law without fear or favor.
All the judges from highest to lowest are completely impartial and are jealous guardian
of the individual liberties. The independence of judiciary is secured by the statutory
security of the judges in their offices, by the direct recruitment of the judges on the
basis of merit from the practicing barrister and solicitors and by a corporate professional
ethic and interest to defend the rights and liberties of the individuals. Most of the
judges have life tenure and can’t be removed from office except on an address
presented to Queen by both Houses of Parliament. They are paid handsomely which
contributes a good deal to their dignity and independence.
2) Multi-Judicial System:
There is no single judicial system in Great Britain. The law of Scotland differs both in
principle and procedure from the law in England and Wales. Northern Ireland has
another different judicial system from rest of the country. Before this about two
generations ago the things were most unsatisfactory even in England and Wales. The
country was cluttered up with unrelated overlapping and sometimes useless Tribunals.
In many cases it was difficult to determine which court had the jurisdiction to deal with
them. Each court had its own peculiar practices and procedure. However, later on the
things were set right by the Judicature Acts of 1873 and 1876.
3) Hierarchical Systems:
A well-established judicial hierarchical system is present, from bottom to top in Great
Britain. There are two organizational structures of courts i.e.
I. The Criminal Courts
II. The Civil Courts
The criminal courts are used to deal with the criminal cases; while the civil courts hear
civil cases under the cover of criminal and civil laws respectively. Both of the courts go
side by side and finally weld at House of Lords. Each and every court has an established
structure and defined powers with qualified judges. Lower courts are to provide justice
at grass root and small cases are decided at the doorsteps of the people. There is a chain
of authority and appeals maybe made in the upper courts against the decision of the
immediate lower court.
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4) Based on Principles:
British Judicial system is based on various principles i.e. right to due process of law, right
to trial by jury, freedom from unlawful imprisonment (Heabus Corpus), trial system of
prosecution and defense and the presumption that a person is innocent until proven
guilty. A system based on such principles is always free, impartial and independent.
Several of the world nations have copied these principles from judicial system of UK.
5) Dual System of Bar:

There is dual system of Bar in England. The lawyers are divided into two kinds i.e.
I. The Solicitors
II. The Barristers
While the solicitor deals with the clients and prepares the cases; it is the barrister who
argues them in the courts e.g. in Petty Sessions and County Courts. A barrister is the
specialist in pleading cases. The system may be expensive but undoubtedly it resulted in
efficiency.
6) Absence of Judicial Review:

On account of the sovereignty of Parliament, the institution of judicial review does not
exist in England. No court of law can declare ultra vires a law passed by the Parliament.
The law passed by Parliament has to be enforced and it is not the function of the courts
to say whether Parliament has the power to pass a particular law or not. However in the
case of subordinate legislation, the courts can certainly say whether the exercise of a
particular power is intra vires or ultra vires
7) Jury System:
Another feature of the English judicial system is the jury system of the country. The
working of the jury system in that country has been its pride. The jurors have shown
impartiality, fearlessness, experience, knowledge and commonsense. The juries have
given decisions even against the government. These are used mostly in criminal cases.
8) Rule of Law:
Rule of law is another feature of the British judicial system. This means, that no person
can be punished unless he is proved guilty by the court of law. All persons or private
citizens or government servants, rich or poor, high or low are subject to the same law
and are tried in the ordinary courts of the country under the common law.
9) Justice for Peace:

The British Judicial system has a feature of amateur magistracy. Eminent persons are
appointed as honorary judges; who are known as justice of peace. The justice of peace is
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responsible for judicial task and hears all cases within their localities and thus provides
cheap justice to the people.
10) Parliamentary Commissioner:

It is the new system which is introduce in the political system of Great Britain.
A parliamentary commissioner is appointed to investigate misadministration in the
ministries but it is nothing to do with the executive business of the government. He is in
charge of regulating MPs' conduct and propriety. If malfunctioning of the government is
brought in his notice, he is to intervene.
11) Role of Privy Council:

House of Lords acts as a highest court of appeal against decisions of top courts both in
civil and criminal cases. It is another interesting feature of British judicial system. Judicial
committee also plays a significant role in some cases.
12) Disposition of Cases:

One of the important features is that the cases in England are disposed of quickly. That
is partly due to the fact that English judges have more discretion in dealing with the
cases before them. Another reason is that the rules of procedure are made by a special
Rule Committee consisting of Lord Chancellor and ten other persons who are familiar
with law. They frame rules in such a manner as to ensure speedy justice. Such a thing is
not possible in a system where the rules of procedure are framed by the legislature
whose members are not familiar with the method by which cases can be disposed of
quickly. It is rightly pointed out that the courts in England do not tolerate the
pettifogging, dilatory, hair-splitting tactics high lawyers are so freely permitted to use in
American Halls of Justice.
13) Guardian of Liberties:

The courts in England have acted as the guardians of the liberties of Englishmen. Judges
do not hesitate to give judgments against the arbitrary orders of the executive. It is true
that on occasions of crises, the liberties of Englishmen have been suspended by any Act
of Parliament and in that case the courts have been helpless, but that has been usually a
temporary phase. As a whole, the English judges and courts have been successful in
safeguarding the liberties of the Englishmen.
Conclusion:
It is concluded from the above discussion that UK has a regular and independent judicial
system which is the outcome of a historical development. There are two parallel court
systems with jury and absence of judicial review. It basically relies on common law and
deals with all kinds of problems.
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Organization of British Judicial System

 Introduction
 Origin of British Judicial System
 Organization of British Judicial System
 Civil Courts
 County Courts
 High Court of Justice
 Court of Civil Appeal
 House of Lords
 Criminal Courts
 Magistrate’s Courts
 Crown Courts
 Court of Criminal Appeal
 Conclusion
Introduction:
The Judiciary is the third organ of government. Its basic function is to interpret laws and
apply them to particular cases. The British Judicial System is unique in the world. It is
independent, honest, impartial and available to all people irrespective of their caste,
creed, color and status. The laws in England are characterized into three kinds i.e.
I. Statute Law
II. Common Law
III. Equity
IV. Rule of Law
Statute Law consists of all laws passed by Parliament. It’s written law of land. Common
Law consists of principles and rules of conduct based upon ancient customs and
recognized by law courts. Equity means fairness. The rules of equity exist for purpose of
doing justice is cases which aren’t covered by the Common Law or Statute Law. Rule of
Law is looked upon as the very essence of free government in England. According to this
every individual has certain rights and liberties which can’t be taken away.
Origin of British Judicial System:

The British Judicial system owes its existence to the Judicature Act of 1873 and 1881.
It is a result of a long historical process. It has its roots in Anglo-Saxon period, when
Monarch used to establish local courts to provide justice to their subjects.
Organization of British Judicial System:

There are two types of courts in Great Britain to deal with the civil and criminal cases.
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This separation is rigidly maintained at lower level with two definite sets of courts. But
distribution between civil and criminal jurisdiction disappears at the higher level. The
description of both courts is given below:
1) Civil Courts:
Civil Courts are further divided into following courts:
I. County Courts
II. High Court of Justice
III. Court of Civil Appeal
IV. House of Lords
I) County Courts:
At bottom of organization of civil court lie county courts. They were first established in
1948 under the Crown Proceeding Act 1947, for making justice easily available to the
Local people. The whole country is divided into 500 counties; each county has a
competent court to try cases of civil nature. The county courts sit everyday in busier
places, while in others places they may sit weekly, monthly or at longer intervals.
Prior to the Courts Act of 1971 the county courts had been staffed by full-time county
court judges, but after Act, they were replaced by the Circuit Judges. The Circuit Judges
are assisted by the Recorders and Additional Circuit Judges. They are appointed by the
Lord-Chancellor from barristers and solicitors. The jurisdiction of the county courts
covers action founded upon contracts and torts where amount claimed is not more than
£750, equity matters such as trusts and mortgages, where the amount does not exceed
£5000 and actions for the recovery of land where the net value does not exceed £1000.
The cases beyond the limits may be tried in the courts by the consent of the parties. The
courts also deal with hire purchase, Rent Act, landlord and tenant and adoption cases.
II) High Court of Justice:

The High Court of Justice is divided in to three divisions i.e. The Chancery Division, The
Queen's Division and the Family Division. It comprises of 71 High Court judges who may
be transferred from one division to other.
The Chancery Division is nominally headed by the Lord Chancellor but in practice it is
presided over by Vice Chancellor and staffed by eleven judges. The Chancery Division is
distinguished by the cases it deals with. Trust land taxation, bankruptcy matters,
contentious probate and succession matters are the special concern of this Division.
The Queen's Bench Division is headed by the Lord Chief Justice, who is next to Lord
Chancellor in judicial hierarchy of Great Britain. The Lord Chief Justice is assisted by the
forty four judges. It has original jurisdiction in civil matters as well as the supervisory
jurisdiction over lower courts and tribunals which deal with rent assessment,
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employment disputes and social security payments. It also has appellate jurisdiction and
hears appeals against decisions of lower courts and tribunals.
The Family Division was created in 1971, when the old Probate, Divorce and Admiralty
Division was abolished and its functions were redistributed. The Family Division is
headed by President and staffed by sixteen judges. It exercises jurisdiction in connection
with breakdown of marriage, the disposition of family property and the custody of
children.
III) Court of Civil Appeal:

The Court of Civil Appeal is presided over by the Master of the Rolls and staffed by
sixteen Lords Justices of Appeals. The Lord Chancellor, ex-Lord Chancellors, Lords of
Appeal in ordinary and the Presidents of various divisions of High Court are ex-officio
members of this court. It is competent to hear appeals against the decisions of High
Court and the County courts. It is generally restricted to the cases where interpretation
of law by the lower courts is challenged.
IV) House of Lords:

At the apex of the British Judicial system lies the House of Lords. It is presided over by
the Lord Chancellor and consists of ten Lords of Appeal in ordinary. The quorum is three
but usually a group of five sometimes even of seven judges sits in the House. When the
House sits as a court the lay peers do not attend the proceeding, which usually takes
place in the committee room.
The House of Lords has the appellate jurisdiction. It hears appeals from the Court of
Appeal (Civil Division) or it bears appeals directly by the High Court of Justice by invoking
special procedure of "Leap-frogging" and by-passing the normal route of appeal. In the
case of by-passing the procedure, the trial judge has to certify that the point of law
under appeal is of the great general public importance.
2) Criminal Courts:
The Criminal courts are further divided in to following courts:
I. Magistrate’s Courts
II. Crown Courts
III. Court of Criminal Appeal
I) Magistrate’s Court:
Magistrate's Courts are presided over by the Justice of Peace or by Stipendiary
Magistrates. The Justices of Peace are honorary and they work part-time; while the
Stipendiary Magistrates are full-time salaried law officers. The Justices of Peace usually
sit in benches of two to seven members; while the Stipendiary Magistrates sit alone. The
Justices of Peace are 21000 in number, while Stipendiary Magistrates are 50 in total all
over the country.
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The jurisdiction of the Magistrate's Courts is usually confined to area of a county, which
is divided into petty sectional division, so that the court may be held in different places.
Thus the Magistrate's courts form the bottom rung in the hierarchy of criminal courts
and can perform a variety of minor judicial and administrative tasks. The courts can hear
and determine charges against people accused of minor offences by the majority verdict,
sitting in benches of at least three Magistrates without jury. They can try more serious
offences with consent of accused. They can also decide in case of an indictable crime
whether bail should be granted, if the accused is remitted for trial in the Crown Court.
In addition to these judicial functions Magistrates still perform such administrative
duties such as granting licenses to sell alcohol. They also retain significant civil law
functions such as making affiliation orders. They can deal with the young offenders and
can provide protection to the children, by giving them into the custody of the local
authority. They can sit as "examining-justices" to conduct preliminary enquiries to find
out, whether there is sufficient evidence to justify the committal of the accused for trial
in the Crown Courts for a serious offence or not.
II) Crown Courts:

The Crown Courts are above the Magistrate’s Courts and deal with more serious crimes.
Crown Courts were established under the Court Act of 1971 by replacing the Quarter
Sessions Courts and Assizes Courts. The Crown Courts are staffed by High court judges,
Circuit judges and Recorders and sit at nearly 90 centers, which have been so selected
as to be within daily traveling distance of the whole population. The jurisdiction of the
Crown Courts comprises trials of more serious offences such as the sentencing of those
committed for sentence by the Magistrate's Courts and appeals from Magistrate's
Courts. In addition the Courts have a minor original civil jurisdiction.
III) Court of Criminal Appeal:

The Court of Criminal Appeal was established in 1907 and was merged with the Court of
Appeal in 1968, popularly known as Court of Appeal (Criminal Division). This court
normally consists of three judges who are usually Lord Justice of Appeal or Judges of the
High Court, and is presided over by Lord Chief Justice or by a Lord Justice of Appeal.
There is no appeal against acquittal in the Crown Court but since 1972 the Attorney
General may refer a point of law to the Court of Appeal. The Court of Appeal can also
certify that there a point of law of general public importance is involved; and the House
of Lords or the Court of Appeal must give leave to appeal on the grounds that there is a
point, which the House of Lords ought to consider.
Conclusion:
It is concluded from the above discussion that the British Judicial system is very
complicated. Its hierarchy is divided into two parts one deals with civil cases while the
other with criminal cases.
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British Committee System

 Introduction
 Origin of Committee System
 Utility of Committees
 Selection of Committees
 Kinds of Committees
 The Sessional Committees
 The Standing Committees
 The Select Committees
 The Committee of Whole House
 The Private Bill
 The Joint Committees
 Conclusion
Introduction:
The Committee system is very important in law-making process of England it means
referring legislative measures to number of committees for mature deliberation and
speedy disposal. Much of the work of House is done through committees. Members of
the House have neither the time nor the special knowledge to discuss the details of all
bills that come before House.
Origin of Committee System:

The House of Commons long resisted the adoption of Committee system. After repeated
attempts to induce the House to accept the Committee system it was in the latter part
of the 19th century that two committees were formed on the style of French Chamber.
In the first decade of the 20thcentury, their number rose to four. Later on in 1919, in all,
six committees were formed. Now there are six types of committees.
Utility of Committees:
The Committee System is employed by all the legislatures of the world. It has become
an essential part of legislative procedure on account of the following reasons:
I. Modern Legislatures are huge bodies and are unfit for effective deliberations.
The true purpose of the measures introduced in the House cannot be
properly understood and healthy discussions on their implications and
consequences can’t be held. To remove this defect, the legislatures all over
the world assign preliminary work to certain committees.
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II. Modern States are positive States. There is a great pressure of legislative
work, which can’t be finished without help from small committees.
III. Modern legislation is highly technical. Committees consisting of experts can

only deal with it.
Selection of Committees:
All the committees excluding the “Committee of the Whole House” are selected by the
“Committee of Selection". The members of the committee are chosen at a conference
between the government and opposition party leaders. The majority of the membership
goes to the supporters of the government. The Committee of Selection nominates
members to the various Committees generally in proportion to the strength of various
parties in the House. It consists of eleven members.
Kinds of Committees:
The composition, nature and functions of the various Committees of the House of
Commons are discussed as follows:
1) The Sessional Committees:

The committees are chosen by the House for the entire session. Each committee is
meant for some specific work. For example, there is a Committee of Selection whose
main function is to select members to the Standing committees and Private Bills
committees. The Committee on Standing Orders and Committee on Public Accounts are
also Sessional Committees. These Sessional Committees consist of 3 to 17 members.
They deal with minor matters.
2) The Standing Committees:

These are 6 in number. One Scottish Affairs Committee and the other 5 are known
alphabetically. Each Committee consists of 20 permanent members and 15 to 30
additional members. Thus a Committee consists of 60 members maximum. The Scottish
Committee consists of all members from Scotland and additional members to bring the
government and opposition members in proportion that the two have in the House. In
all committees the government and opposition have proportionate representation. The
Committee of Selection nominates the members. The Chairman of a Standing
committee is appointed out of a panel of Chairmen consisting of 8 to 12 members.
These Chairmen are naturally the members of the majority party. These are appointed
at the beginning of session and continue till Parliament is prorogued. The committees
are not meant for any specific or define purpose but may consider any public bill
referred to them by the speaker.
The Bills after having gone through the Second Reading are referred to a certain
Standing Committee. The Bills are thoroughly scrutinized and polished by these
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committees. Every Bill referred to a Standing committee must be reported back to the
House. The Standing committees have stood the test of time yet from time to time;
certain Suggestions are made to reform them. Sometimes, it is proposed that their
strength should be reduced in order to make them more effective. The maximum and
minimum strength should not be more than 30 and 10 respectively. The members
should be thoroughly conversant with the subject they have to deal with. The
committees should adopt quicker means for obtaining information from the civil
servants and departments of government.
3) The Select Committees:

As a rule, a Select Committee consists of 15 members. Such committees are appointed
for some special subject and come to an end when their purpose is fulfilled. The
Committee of Selection also selects these Committees. A Select committee elects its
own Chairman. The committee has the power to send for persons, papers and records.
The Select committees are appointed in case of an important bill when a detailed
examination or investigation is desired.
4) The Committee of Whole House:

The Whole House sits as a committee in order to discuss the Budget. The Speaker leaves
the Chair and mace is put under the table to indicate that regular House is not in session.
The Chairman of the committee chosen in the beginning of each Parliament presides
over its meetings. The rules of procedure are relaxed and a member can speak as many
times as he likes. No closure motion can be moved. When this committee is considering
revenue measures, it is known as the Committee of Ways and Means. When it is
discussing expenditure, it is known as the Committee of Supply. When the work of the
committee is finished, the committee rises. The Chairman leaves the chair and the
Speaker resumes his duty. The Chairman of the committee then reports to the House,
the various conclusions arrive at.
5) The Private Bill Committees:

These small committees consisting of some 4 or 5 members are nominated by the
Committee of Selection from amongst the list prepared by the party whips. These
committees are quasi-judicial in character. They consider and report on private bills.
Barristers can appear before these Committees. They listen to all the persons and
parties interested, in the Bills.
6) The Joint Committees:

From the middle of the 19th century, Joint Committees have been used regularly on non
political matters of equal concern to Houses e.g. Statute, Law Reform and Private bills
involving on important matter of Principle. A Joint Committee consists of a small Select
Committee of each House 'sitting together. The number of members from each House is
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equal and the Chairman is usually a peer. Each part reports to its own House
Conclusion:
It is concluded from the above discussion that committees play a very important role in
legislation. They save the time of the Parliament and ensures a more careful and
thorough examination of the various provisions of a Bill.
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Rule of Law
 Introduction
 Meaning of Rule of Law
 Dicey’s View
 Importance of Rule of Law
 Exemptions of Rule of Law
 Conclusion
Introduction:
The Rule of Law means the supremacy of law. The concept also means the enjoyment of
liberty and rights which are against the infringement by other individuals or government
and are protected by the law-courts in such away that all remain equal before law
regardless of their social status or political authority:
Meaning of Rule of Law:

The meaning of Rule of Law can be analyzed as follow:
1) Rule of Law means that every individual has rights, which should not be infringed
either by other citizens or by government officials and if they are infringed, there are
independent courts to protect them.
2) Rule of Law means that law is supreme and not the arbitrary will of the government.
Law rules the land and every act of government must be authorized by law. All persons
whether private citizens or government officials are equal before the law and are
subject to the same law of the land.
3) If an individual is accused of violating law or not fulfilling his duties or infringing the
rights of others, can’t be punished unless and until his offense is proved in court of law.
4) Every one is subject to law and no one can claim his exemption from the obedience of
law. He too, like all citizens is responsible before the law.
5) Rule of Law implies the "government under the law”. It means that the powers of
government are derived from law and can be extended or changed by it. The laws are
made by the Parliament through legislation.
Thus, Rule of Law implies the sovereignty of Parliament and rule of those laws, which
are derived from the publicly known principles of Common Law or Statute Law. This is
an important limitation on authority of government. They can’t excuse their actions on
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plea of the public welfare or interest without regard to its legality.
Dicey’s View:
An English jurist A.V. Dicey has given a classic exposition of Rule of Law in his book “Law
of the Constitution”, first published in 1885. According to him Rule of Law has three
meanings.
1) No man is punishable or to suffer physically or economically except for a distinct

breach of law established in ordinary legal manner before the ordinary court of the land.
This means that no citizen can be arbitrarily deprived of his liberty, property and life
because he can’t be arrested or detained except for a breach of law as proved before an
ordinary court of law. He can resort to the law and procedure of the Habeas Corpus, if
he is arbitrarily arrested and imprisoned. The trial is held in open and ordinary court and
the accused has the right being defended by his counsel. Judgment is rendered in open
court and the accused has the right to appeal to Higher Courts.
2) No man is above the law, whatever is his rank or status. Everyone is subject to the
ordinary law of the land and is amenable to the jurisdiction of the ordinary tribunals.
This implies two things
I. First, the equality of all citizens private or official before the law.
II. Second, there is one and the same kind of law for all citizens of the country.
If an officials acts in excess of his official duty he too is responsible to the ordinary law
and ordinary courts. He is liable to punishment or to payment of damages for acts of
excess, done in his official capacity. The Rule of Law excludes the idea of any exemption
of officials or other from the obedience to the law or from the jurisdiction of ordinary
tribunals. The subjection of all to law reduces to minimum tyranny of the executive.
3) The general rules of the constitution are the result of judicial decisions determining
the rights of private persons in particular cases brought before the courts. It means that
although the civil rights of citizens are not embodied in the British constitution, yet the
courts have played their positive role by safeguarding the civil rights and liberties of all
citizens of the country.
Importance of Rule of Law:

Rule of Law is important in England because it ensures the following rights:
1) People have right of personal Freedom in England. No person can be arrested without
lawful reasons.
2) People of England have right to freedom of decision. Media is independent. Everyone

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can criticize the policies of government.
3) People have right to public meeting and form the political parties.
4) Ministerial Responsibility is important instance of the theory of Rule of Law. If one

Minister do wrong other become responsible for his actions.
Exemptions of Rule of Law:

The following are the exemptions of Rule of Law in Great Britain:
1) The Queen is not amenable to any Court of Law. She is above the law and immune
from all civil and criminal trials. She has the power to grant or refuse passports to travel
in any foreign country. The exercise of the power can’t be challenged in any court of law.
2) The Home Secretary has an absolute discretion to grant certificates of naturalization

as British subjects. He can cancel the certificate at any time he likes. He has full
discretion in the matter of departing any undesirable alien. For all these things, his
action can’t be challenged.
3) Lord Chamberlain has the power to censor the plays and if he imposes a ban, the
same can’t be removed by any court of law.
4) The judges are immune from personal responsibility for any official acts.
5) Foreign rulers and diplomats enjoy immunity before courts of law. They can’t be tried
even if they violate law of the country. No action lies against trading vessels belonging
to a foreign state. This is clearly a violation of the Rule of Law.
6) During emergency, the government may partially suspend the Rule of Law.
7) The growth of administrative justice is very serious limitation on the Rule of Law. The
government departments or the ministers are given power to decide cases and the
Ordinary Courts of Law can’t interfere with their jurisdiction.
8) The time-barred decisions of any department are also immune, to be challenged in

the Ordinary Court of Law.
9) The Public Order Act of 1936 gives the police the power to regulate or prohibit public
meetings and processions. It can also declare drilling and wearing of unauthorized
uniforms, as illegal.
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10) The Customs Consolidation Act of 1866 and Inland Revenue Act of 1890 gives
protection to customs and excise officers regarding anything done by them in
furtherance of a bona fide trade dispute.
11) Formerly peers could only be tried by the peers. That was obviously a violation of
the Rule of Law. However, this privilege was taken away by the Law Reform Act of 1947.
Dicey himself realized later on that his description of Rule of Law as given by him in the
1880’s didn’t hold good. He thus wrote in 1995
“The ancient veneration for the Rule of Law has in England suffered during the last 30
years a marked decline”
Conclusion:
It is concluded from the above discussion that the Rule of Law means the uniformity,
supremacy and universality of law. It establishes the dominance of law but with some
modifications. There are several limitations which indicate that the Rule of Law isn’t
fully adhered to law is England.
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Characteristics of British Party System

 Introduction
 Definition of Party
 Origin of Political Parties
 Organization of Political Parties
 Current Political Parties in Parliament
 Features of British Party System
 Bi-Party System
 Centralization
 Continuity of Operation
 Unity and Discipline in Party
 Value of Leader
 Class Character
 Clear-Cut Principles
 Importance of Party System
 Conclusion
Introduction:
England is the traditional home of political parties. The political parties came into
existence because of the parliamentary system of government. They play a leading role
in the working of British Democracy.
Definition of Party:
A political party in England is a group of persons who organize themselves on some
agreed political program and work together to capture power in order to put their
program into action.
Origin of Political Parties:

The origin of the British political parties can be traced back to the Elizabethan period
when the Puritans opposed the prerogatives i.e. discretionary powers of the Sovereign.
During the Civil War the supporters of the Sovereign came to be called “Cavaliers” and
the name “Roundheads” was applied to the supporters of Parliament. Then in the reign
of Charles II, two political parties emerged to whom the names “Tory” and ‘Whig' were
applied. The Tories were a court party formed from courtiers who were devoted to the
King and the Church of England. The Whigs were opposed to the court party. Whig and
Tory were the names of the two political parties down to the Reform Bill of 1832, when
they came to be known as Liberals and Conservatives respectively.
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During the 19th century the field was held by these two parties. In 1900 the Labor Party
came into existence. It was the offspring of the Trade Union Movement in the country.
It was first represented in Parliament in 1906. After the First World War the Liberal
party fell into background. The Labor party increased its strength very rapidly. It has
now taken place of the traditional Liberal party as numerically the second main party in
Parliament and the country.
Although these three parties disagree with one another upon their respective political
programs, they agree upon certain basic principles, including those of free institutions
and parliamentary government.
Besides these three parties, there is a Communist Party in Britain but it is too weak to
influence the politics of the country. At present it has no seat in Parliament.
Organization of Political Parties:

The parliamentary type of government recommends strong party organization. Each
party maintains a strong organization both at the national and local level. Power rests
with central organs of party. The central party organization doesn’t share their authority
too much with local units. Each party has a local committee in each Parliamentary
Constituency. This local committee works under the control and direction of the Central
Office and in co-operation with the members of Parliament from that constituency.
Each party has a parliamentary party consisting of all the members of Parliament
belonging to that party. This parliamentary party formulates the policy of the party to be
followed in Parliament. In Parliament, the party works with the help of whips whose
duty is to keep the members together and exercise discipline among them and secure
their votes in the House.
Each party maintains a national organization of its own. The Liberal party has National
Federation. The Conservative party is known as National Union of Conservatives and
Unionist Associations and Labor party is known as Annual Conference of Labor Party.
These organizations meet annually and elect some party officials among themselves. In
the annual conferences, neither candidates for contesting the elections are nominated
nor do they elect party leader. The parliamentary group of party performs both these
tasks. The party programs are decided and ways and means are devised for making the
party stronger. These organizations control local committees.
Various organizations in England support the parties of their own choice and liking. As
for example, the Primrose League and the Carlton Club in London support the
Conservative party. The National Reforms Union and National League of Young Liberals
work for the Liberal party. The Fabian Society and the Trade Union Congress belong to
the Labor party.
Current Political Parties in Parliament:

Currently there are only two political parties which influence the politics of the country.
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I. Conservative Party
II. Labor Party
Conservative Party is in majority and ruling party of the Parliament with 316 seats while
Labor party is opposition party with 257 seats. There are also some other parties like
Scottish National Party and Liberal Democrats etc.
Features of British Party System:

The features of the British political parties are following:
1) Bi-Party System:
The British Party system has been a two party system; first to come were the Whigs and
Tories, next the Liberals and the Conservatives ad then the Conservatives and the Labor.
The bi-party system has given Britain the benefit of political stability and orderly change.
There are many advantages of two party system. It gives stability to government. The
two party system fixes up political responsibility quite clearly. The party in power is
made squarely responsible for the determination and implementation of policies. The
party in opposition stands for sustained but constitutive criticism. It is a truly democratic
system. The electorate can make a clear choice between the two parties.
2) Centralization:
Another characteristic of the British party system is a high degree of centralization. The
parties, there are organized and function on this basis. The parties have evolved a high
degree of leadership and the readiness of spread out mass of members to follow a
comparatively few leaders in policy, tactics the choice of representatives and ministers.
There is no gulf between the leaders and the ordinary members. They are linked with
each other through various levels of leadership.
3) Continuity of Operation:
The parties in England do not go into slumber and always remain active. They maintain a
continuous operation of educating the electorates. The reason for that is, Commons can
be dissolved any moment by Queen on advice of PM. They publish party journals and
other literature, organize schools and participate in local government elections and
can’t afford to be lethargic. They get ready for the general elections. They carry a
ceaseless propaganda by means of meetings, pamphlets, newspapers etc, in support of
their own policies and against the policies and programs of their opponents.
4) Unity and Discipline in Party:

Membership of parties in Great Britain is voluntary. People have deep loyalty for the
party to which they belong. Defection from one party to another is never heard of. The
political parties are more disciplined in Great Britain. Each party has behind it a long
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history and philosophy. Each party has its own constitution. The party fellowship and
character bind the members together.
5) Value of Leader:
The party leader enjoys a position of esteem and authority. Leaders like Gladstone and
Disraeli have contributed to the building up of strong centralized national parties.
6) Class Character:
The class character of the British political Parties is also quite evident. The Conservative
party gets its membership and its votes mainly from the landed aristocracy, the new
class of the owners of business and industry and the middle class. The Labor Party gets
its support from working class and their trade unions. The Liberal Party had got its
support from the then emerging class of business and industry.
7) Clear-Cut Principles:
Both parties of the UK have clear-cut principles and programs. The Conservative party
believes in free enterprise. According to it the country can prosper if the private
ownership of the means of production is retained. The Labor party is wedded to the
principles of socialism.
Importance of Party System:

The party system is of great importance because:
1) It enables mass involvement in new democracies, particularly those states which are
undergoing modernization.
2) It enables the opposition to stand firm against divide and rule tactics by the
incumbent regime.
3) It helps voters to identify past performance and remove unpopular leadership
4) It helps in habituating the public to democratic norms and practices.
Conclusion:
It is concluded from the above discussion that party system in England is organized. It
helps in stabilizing the government and running the administration of country in a
smooth way.
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Growth of American Constitution

 Introduction
 American Constitution
 Growth of Constitution
 Factors Responsible for Growth
 Amendments
 Law
 Judicial Interpretations
 Development by Executive
 Conventions
 Conclusion
Introduction:
The United States of America (USA), commonly known as the United States (US) or
America, is a federal republic composed of 50 states, a federal district, five major self-
governing territories, and various possessions. The capital is Washington DC, and the
largest city by population is New York City. America is the world's largest importer and
the second largest exporter of goods.
American Constitution:
American constitution is a written document drafted in the Constitutional Convention of
1787. It is a brief constitution consisting of 7 articles and 26 amendments, containing
about 4000 words and occupying ten or twelve printed pages, which can be read in half
an hour. Following a brief preamble three articles are devoted to legislative, executive
and judicial branches. Four articles are concerned with the position of states, the modes
of amendment and supremacy of national power and ratification. The language of
constitution is very simple, direct, concise and very clear with out any ambiguity. It was
framed to satisfy the requirements of original thirteen States with a small population
living in the pastoral cum agricultural age.
Growth of Constitution:
The constitution of 1789 embodied only general outlines of the framework of federal
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government. But present constitution can’t be identified with original constitutional

document prepared by Philadelphia Convention. Today it includes many rules and
regulations, judicial interpretations and conventions etc, which affect the distribution
and exercise of sovereign powers of State. It has, in fact, changed beyond recognition.
Factors Responsible for Growth:

The various factors, which have led to an all-round development of the American
constitution, may be summed up as follows:
1) Amendments:
Though the process of amending the constitution has been extremely slow yet it has led
to its growth. There have been only 26 amendments to constitution during last 200
years. The, first ten amendments guarantee to all Americans, religious freedom,
freedom of speech, freedom of press, right of trial by jury, right to assemble peacefully
for any purpose, to petition the government for a redress of grievances and right to bear
arms. They give the people also security against unreasonable search and seizure of
persons or property and assure those charged with crimes of a fair public trial. Excessive
bail may not be required, nor excessive fines imposed, nor cruel punishments inflicted.
In the peacetime no soldier may be quartered in any house without owner’s permission.
No person shall be deprived of life, liberty or property without due process of law, nor
shall private property be taken for public use without just compensation.
According to the 9th amendment, the listing of certain rights in the constitution is not to
be construed as denial of other rights already retained by the people. In the immediate
aftermath of the Civil War, and as a direct consequence of its outcome, three additional
amendments were adopted which abolished slavery and opened the door of citizenship
to former Negro slaves.
The 15th amendment removed all barriers on voting on account of race, color, or
previous condition of servitude. It became effective in 1870.
The 16th amendment, ratified in 1913, gave the national government power to tax
incomes. The 19th amendment ratified in 1920, gave women the right to vote on the
same basis as men. The 22nd amendment ratified in 1951, limited the office of the
Presidency to 2 four-yearly terms.
The 25th amendment adopted in 1967, enabled the Vice-President to become Acting
President if the President should become disabled, and gave the President authority to
fill the Vice-Presidency, with Congressional assent, should that office become vacant.
The 26thamendment granted the voting right at the age of eighteen.
2) Law:
The second factor responsible for the development of the American constitution is the
law passed by the Congress. The framers of the constitution prescribed only the general
outlines of the federal government. The determination of details in regard to the
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organization and functioning of the government was left to the Congress. Naturally laws
passed by the Congress have contributed mere to the evolution of the constitution than
26 amendments. The constitution made provisions for establishment of the Supreme
Court, but its organization, tenure and salaries of the judges were left to be determined
by the Congress. Similarly, the constitution prescribed the composition of the two
Houses of Congress but the method of election and suffrage were left to be determined
by the State legislatures. Electoral Act of 1887 regulated the election disputes. Original
constitution is silent about organization of the administrative departments. The
Congress, by law, determines their number, functions, organization etc. All these laws
dealing with the organization and functioning of the government have expanded and
enriched the constitution to a great extent.
3) Judicial Interpretations:
Judicial decisions and interpretations have also played a major part in the evolution of
the American constitution. So great has been the role of the judiciary that, some
commentators of the American constitution have named the Supreme Court as a
continuous constitutional convention.
Munro remarks
”One might almost say that it (constitution) undergoes some change every Monday
when the Supreme Court hands down its decisions.”
The implied powers of the Congress owe their origin to the Supreme Court. The
Supreme Court has given wide meaning to the words used in the constitution. The
power of national government to regulate inters State commerce, railways, telegraphy,
aero planes and radio all owe their origin to decisions of the Supreme Court. The
Supreme Court has strengthened the center at the cost of the States quite in keeping
with the needs of the time.
4) Development by Executive:
Powerful Presidents of the USA have also contributed a lot towards the growth of the
American Constitution. Washington, Jackson, Lincoln and Roosevelt molded and
developed constitution by a vigorous use of their presidential powers. As for example,
President Washington created a Cabinet and began consulting it. Since then the Cabinet
has became a regular organ of the US government.
5) Conventions:
The conventions have played a magnificent role in development of the US constitution.
The conventions are not a peculiar feature of the British constitution alone. The
American constitution is equally rich in this respect. The framers of the constitution only
prepared a skeleton. The flesh has been added to it by the usages and conventions,
which have grown up during the last 200 years.
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In the words of Beard

”A great revolutionary change in the American constitution has not been brought about
by amendments or statutes but by customs and conventions. The conventions have
changed the very spirit of the constitution".
Some of these conventions are given below:
I) The fathers of the constitution provided for an indirect election of the President. But
by convention the election of the President has become more or less direct.
II) According to the constitution the Speaker of the House of Representatives should be
chosen by the House itself. In reality he is the nominee of the majority party.
III) The system of Senatorial Courtesy according to which the Senate accepts the
recommendations made by the President for the appointment of the federal officers, is
the result of a convention.
IV) The rule that a candidate for election to the House of Representatives should belong
to the constituency, which he seeks to represent, is based on a convention.
V) The practice of keeping the leader of the majority party in the Senate informed about
the progress of treaty-negotiations by the President is also the result of a convention.
The above description shows that conventions play a significant part in the working of
the constitution of the United States. But it must be remembered that the extent of
conventional element in the American constitution is much less than that in the British
constitution.
Conclusion:
It is concluded from above discussion that the American constitution is thus a living
organism expanding and developing in different directions.
In the words of Woodrow Wilson
"The original American constitution is just like Magna Charta and it has sprouted out of
a small seed into a big tree”.
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Features of American Constitution

 Introduction
 Features of American Constitution
 Written
 Rigidity
 Popular Sovereignty
 Limited Government
 Federalism
 Presidential System
 Bicameralism
 Separation of Powers
 Check and Balance
 Republicanism
 Judicial Review
 Bill of Rights
 Dual Citizenship
 Judicial Supremacy
 Conclusion
Introduction:
The United States of America (USA), commonly known as the United States (US) or
America, is a federal republic composed of 50 states, a federal district, five major self-
governing territories, and various possessions. The capital is Washington DC, and the
largest city by population is New York City. America is the world's largest importer and
the second largest exporter of goods.
Features of American Constitution:

The features of American constitution are following:
1) Written:
The American constitution is a written document drafted in Constitutional Convention
of 1787. It is a brief constitution consisting of 7 articles and 26 amendments, containing
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about 4000 words and occupying ten or twelve printed pages, which can be read in half
an hour. Following a brief preamble three articles are devoted to legislative, executive
and judicial branches. Four articles are concerned with the position of states, the modes
of amendment and supremacy of national power and ratification. The language of
constitution is very simple, direct, concise and very clear with out any ambiguity.
But this does not mean that the rules of the American constitution are to be found only
in one document. The framers of the American constitution left a good deal to be
decided by Congress - the central legislature of America. For example, the Supreme
Court was created by the original constitution of 1789, but the rest of the entire federal
judiciary owes its existence to the laws passed by Congress. Similarly, the number of the
executive departments, their organizations, functions, etc has been laid down by
Congress, through laws. The constitution has also been developed by judicial
interpretations and conventions. Thus the American Constitution today consists of:
I. The original document of 1789
II. Judicial decisions
III. Constitutional laws passed by Congress
IV. Constitutional conventions
V. Formal amendments
2) Rigidity:
The American constitution is most rigid constitution of the world. It means that it can be
amended by a difficult, special and complicated procedure, which is different from the
ordinary method of law-making. This amending process consists of two parts namely
I. The proposal of amendment
II. The ratification of the proposal.
It is on account of this rigidity of amending process that up till now only 26 amendments
have been made in the constitution. Regarding the proposals, the 2/3rd majority of both
Houses shall propose amendments to constitution or on the application of legislatures
of 2/3rd of the states shall call a convention for proposing amendment.
Regarding the ratification, the amendment shall be ratified by legislatures of 3/4th of all
states or by the conventions of 3/4th states. The Congress can propose one or the other
mode of ratification.
They did not want to make the process of change so easy that an amendment could be
made in haste and without mature consideration. Consequently, a very difficult method
of changing the constitution was, devised.
In spite of its rigidity the constitution has adapted itself to tremendous changes in
America, such as political parties are not mentioned in the constitution, yet, they are
operating in the United States.
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3) Popular Sovereignty:
It is an important feature of the American system. It emphasizes the theory of popular
sovereignty. Ultimate authority has been vested in the people.
According to Madison,
”The American system was based on that honorable determination which animates
every votary of freedom, to rest our political experiments on the capacity of the
mankind for self-government”.
4) Limited Government:
Another basic feature of constitution is the doctrine of limited government. According
to the framers of the constitution, absolute power must necessarily be arbitrary and
despotic. Hence, all powers must be limited; otherwise there will tyranny, oppression,
ending in revolt and violence. Therefore, they were facing the issue, how to maintain a
government, whose powers were limited by enabling the government to control the
subjects and on the other hand, they obliged the government to the people by deriving
powers from them. The constitution defines the powers, which the government is to
exercise and impose restrictions, within which it has to operate.
According to Madison
"In framing a government, which is to be administered by men over men, the great
difficulty lies no this; you must first enable the government to control the governed, and
thus in the next place oblige it to control itself”.
Thus no government in US has unlimited power. It has only these powers granted to it
by the people; it can exercise none other.
5) Federalism:
The American constitution is federal in character. Originally the federation at United
States was of 13 states, but due to admission of new states its number increased up to
50. In federation governmental authority is divided between central government and
the several regional governments. The division of power has been made between the
federal government and the federating units. The constitution enumerates powers of
centre and leaves the residuary powers to be exercised by federating states.
The federal government has given jurisdiction over 18 matters of national importance
for example defense, foreign affairs, commerce and currency; which contained in
Article-1, Section 8 of the constitution. Rest of powers has entrusted to governments of
states. The states are autonomous governments in their jurisdiction and the centre can’t
meddle with their affairs. The constitution also sets up a Supreme Court, which is
independent and is competent to settle disputes between federal and state government.
6) Presidential System:
The constitution provides presidential system in America. There is a President at the
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apex and all powers are vested in him. The President is head of state as well as head of
executive. The Article-2 of the constitution says that all executive powers are vested in
the American President, who is not titular head of state. He exercises all powers, which
laws and constitution confer upon him. The President is elected indirectly by the people
for the term of four years. He can’t be removed by vote of no-confidence by Congress
except impeachment. Thus he is not responsible to the Congress.
He neither attends its session, nor initiates legislation directly and nor answers
questions. On other hand, President can neither dissolve Congress nor can interfere in
the legislation made by Congress except exercising his veto power. The members of his
cabinet aren’t members of Congress. They neither sit in its session nor answer questions.
7) Bicameral Legislature:
The constitution of United States has provided for the bicameral legislature. According
to Article-1 of the constitution, all legislative powers are vested in Congress. The
Congress is bicameral legislature consisting of following two chambers
I. The Senate - It is Upper House and is consisted of 100 members; elected
directly by the people of states on parity basis for six years. Each state sends
two senators in the upper house and each senator has one vote.
II. The House of Representatives - It is the Lower House and is consisted of 438
members elected by the people on population basis through the method of
adult franchise. The members of House of Representatives are elected for
the term of two years.
The both Houses have no equal powers and functions. The upper House is stronger than
the lower House. It is even the strongest upper House in the world.
8) Separation of Powers:
The American constitution is based on the doctrine of "Separation of Powers” which
means division of powers among three branches of government and non-interference of
one to other's jurisdiction. Unlike the parliamentary government, American constitution
has distributed the powers of national government among the Congress, the President
and his Cabinet, and the Courts.
Congress, the legislature exercises legislative powers and it can not allow any agency or
person to make laws in its place. It passes laws, which outline general policies and set
certain standards, while learning the actual details of day to day administration is the
duty of executive branch of government.
The President and his Cabinet possess the executive powers. He can execute laws,
enforce laws or can administer laws. He is assisted by several departments, agencies,
offices, bureaus and commissions in exercising his executive powers. However he is
personally responsible for all actions of executive branch.
The Judiciary or the Supreme Court exercises judicial powers. It interprets the laws and
decides cases and resolves controversies in conformity with law and by the methods
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established by usages and principles of law. The courts do not initiate action. They
exercise their power only when disputes are brought before them either by government
or by private individual.
9) Check and Balance:

The framers of constitution were aware of the danger of extreme concept of separation
of powers. The three organs might become despotic in their spheres. So, a check and
balance system was introduced to weld three organs and save system from cleavage.
The legislative branch, represented by Congress, must pass bills before they can become
law. The executive branch namely, the President can veto bills passed by Congress, thus
preventing them from becoming law. In turn, by a 2/3rd vote, Congress can override the
president’s veto. The Supreme Court may reject acts of Congress by declaring them
contrary to the constitution of the US, but Congress can change the constitution through
the amendment process.
Under this system the executive performs certain legislative and judicial functions i.e.
the President can influence legislation through messages, lobbying, party leadership, as
a national leader and veto etc. The Congress has been empowered to perform certain
executive duties i.e. President's foreign treaties, international agreements and internal
appointments are subject to the approval of the Senate. The bills passed by Congress
are also checked by Supreme Court to see that the law is in conformity with constitution
or not. If both are confronting, the law is declared as null and void. This power of the
Supreme Court has turned it the 3rd chamber of the US Congress.
10) Republicanism:
The United States is a republic with the President as the elected head of the state. The
constitution derives its authority from the people. Moreover the constitution makes it
binding upon every constituent state to have the republic form of government. The
constitution is supreme law of the land. Neither centre nor the states can over side it.
11) Judicial Review:

It is another important feature of the American constitution. The Supreme Court of
America is supreme both in theory and practice. In America the laws passed by Congress
and State (regional) legislatures are subject to judicial review. The Supreme Court has
the final authority to declare a law passed by Congress or State legislatures to be ultra
vires, if that law clashes with any provision of the constitution.
12) Bill of Rights:

The original draft of the constitution didn’t guarantee the fundamental rights of people.
The rights were incorporated in the constitution through a number of amendments in
the constitution. The first ten amendments were immediately made to incorporate the
fundamental rights of the people: which is popularly called as “Bill of Rights“. The
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amended constitution grants fundamental rights of person, property and liberty to the
people. The people are guaranteed the freedom of religion, speech, press and assembly
also. These rights are enforceable by the judiciary. The Supreme Court has been
declared as guardian of rights. The fundamental rights can’t be suspended or modified
except by a constitutional amendment.
13) Dual Citizenship:

The American constitution makes a provision for dual citizenship for the people of the
United States. An American is the citizen of the United States as well as of the State
therein he or she is domiciled. It is in contrast with the idea of single citizenship as
incorporated in the constitutions of Great Britain and Pakistan.
14) Spoil System:

It is a very amazing feature of the American constitution which is associated with name
of President Andrew Jackson. It means a system under which public office is considered
and used as spoils to be enjoyed by the political party victorious at the polls. Under this
system, a civil servant, who has been appointed on political consideration, can’t hope to
retain his office when the Opposite party secures victory at polls. An incumbent is hired
as public official on coming his party in power and is tired going out his party from office.
Simply when new President takes over the charge of administration, is supposed to
appoint a fresh all important officials of federal government by dismissing previous ones.
Conclusion:
It is concluded from the above discussion that American constitution is in written form
and is rigid. It is federal in character with presidential form of government. Supremacy
of the constitution is guaranteed through the doctrine of judicial review.
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Federalism
 Introduction
 Meaning of Federalism
 Concept of Federalism in America
 Distribution of Powers
 What Can do
 What Can’t do
 What States Can do
 Growth of Federal Authority
 Reasons of Growth of Federal Authority
 Doctrine of Implied Powers
 Amendments of Constitution
 Physical, Economic and Social Changes
 Confidence in Federal Government
 Role of Powerful Presidents
 Federal Grants-in-Aid
 Defense of Country
 Impact of Civil War
 Impact of World Situation
 Role of Supreme Court
 Conclusion
Introduction:
America is first modern democratic state which opted for a federal form of government.
The fathers of the US constitution were aiming at unions of regional autonomy and the
national unity. It could be possible only this form of government.
Meaning of Federalism:
A Federal form of government provides for a Union of States in which authority is
divided between the Centre and the States. Both the centre and the states work
autonomously within their domains.
Concept of Federalism in America:

In America the powers between the federal government and the state governments
were distributed by the framers of the constitution. Originally the federation consisted
of 13 states, now it contains 50 federating states. The America was created by
surrendering some powers by the member-states. The federal government has
therefore, delegated the specified powers and all residuary powers lie with the states.
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Distribution of Powers
The Article-1 of the American constitution deals with the distribution of powers among
the federation and the federating units. The constitution contains three lists of subjects,
namely a list of what the Congress can do, a list of what Congress can’t do and a list of
what the states legislative can do.
I) What Can Do:

The Article-1, Section 8 of the constitution enumerates 18 powers for the United State’s
Congress. They include imposing and collecting taxes and duties, foreign trade, inter-
state commerce, naturalization, common defense and general welfare of the United
States, coinage and weights and measures, promotion of service and useful arts,
constitution of tribunals, declaration of war, raising armies, foreign relationship and
international treaties, postal service, patent and copy rights, admission of new states
and making all laws necessary for the execution of these powers.
II) What Can’t Do:

The Article-1, section 9 of the constitution forbids the federal government from
suspending a writ of Habeas Corpus or from passing ex-post facto laws; granting titles or
nobility, passing laws regarding religious belief of the people and abridging freedom of
speech and of press. The same article forbids the states from making any alliance or
treaty with any foreign state, coinage and maintaining armies.
The 10th amendment of the constitution provides that the powers granted to the federal
government and forbidden to the states, vest in people themselves. These relate mostly
to certain rights of the people which no government can violate. Thus, the constitution
preserves the essential authority of the people inconsistence with democratic principles.
III) What Can States Do:

The constitution also vests all the residuary powers to the states, which have not been
given to the federal government and have not been forbidden to the states. These are
residuary or reserved powers of the states; which are original and had been exercised by
the states long before, the constitution came into being. Indeed they had agreed to
delegate some of them to the federal government for the purposes of internal security
and defense. The state governments are autonomous and supreme in exercising their
authority. They can regulate inter-state commerce, conduct elections, incorporate
business, issue licenses for inter-state activities, set up local governments and provide
for public safety and morals (Police power). They can neither encroach on the other's
jurisdiction nor constitution. The constitution is supreme for all the governments either
federal or states. This is the essence of the American federal system.
The United States of America is the first largest country of the world, which
demonstrated successfully the federal system of government. It combines the strength
of federal government and the local autonomy and diversity. All the earlier federations
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had either changed into unitary state or degenerated into anarchy and disunity.
Growth of Federal Authority:

There is an inherent tendency in the United States towards the increase of federal
centralization. At the time when the constitution of America was made, participating
states wished to retain the local independence as much as possible and thus they gave a
limited number of powers to the newly created federal government. They only agreed
to have a union rather than unity but under the impact of time and circumstances, the
powers of the federal government have increased beyond imagination.
Reason of Growth of Federal Authority

The following factors have been responsible for the enormous increase in the federal
authority:
1) Doctrine of Implied Powers:

The Supreme Court has so interpreted the constitution that the power of the federal
government has increased even at the cost of States; it developed the doctrine of
“Implied Powers”. This doctrine enunciated mostly by Chief Justice Marshall of Supreme
Court, provides that the constitution not only enumerated certain powers for the centre,
but also gives all those powers which are implied in the enumerated ones. There have
been several cases when the Supreme Court in interpreting the constitution, has helped
the centre through the application of the doctrine. A few examples may be taken to
illustrate the application of this doctrine. The constitution empowers the federal
government to regulate commerce with foreign nations and among the several states.
The Congress has derived from this clause of the constitution, the power to control all
means of transport and communication. From the clause giving to Congress the power
to promote general welfare, it has derived the authority to pass social legislation like old
age insurance schemes and other laws of this nature. Again, through the powers of the
Congress to impose and collect taxes and duties, the Congress got authority to establish
and control exclusively the Central Bank of America. This is how federal government has
acquired much authority which was originally not granted to it by the constitution.
2) Amendments of Constitution:
Many amendments have increased the powers of the federal government. The 15th
amendment gave the power of judicial review to Supreme Court over state legislation.
The 16th amendment of the constitution authorized the Congress to levy and collect
taxes on incomes of all kinds whereas the original constitution had prohibited the
central government to impose direct taxes.
3) Physical, Economic and Social Changes:

By far the most important factor responsible for the growth of federal authority is
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change in physical, economic and social setting of United States. At the time of
promulgation of the constitution, America was just a federation of 13 small states. But
now it is a Union of 50 states with a huge extent of territory and enormous population.
This growth in size, population together with complexity of social organization has led to
the great shift of power in favor of national government. The matters, which were once
considered to be of local importance has now assumed national character. The vast
development of communication, trade, technology, rise of big business and interstate
co-operation created problems which could not be tackled by states and could only be
handled successfully by the national government. People demanded services which the
states were either unable or unwilling to provide. Step by step the national government
took over what the states would not do. Thus there has been a steady flow of authority
to Washington, the seat of federal authority.
4) Confidence in Federal Government:

The people of United States at all stages of their development have looked to the
federal government for solving their problems. Their desire to make the country big and
prosperous involved big efforts and big enterprise and all this evolved a big government.
The economic crisis of 1931, for example, appreciably enhanced the prestige of central
government. The resources of the state proved absolutely inadequate to provide relief
to 12 million unemployed in the country. During war, importance of central government
is enhanced immeasurably. Prosecution of war needs planning and coordination. “In
total war, there should be total power. As long as we live in a world, where war is an
ever-present possibility, the defense activities of the government will be many and
varied, and they will impinge on all aspects of our lives". This leads to centralization of
powers and authority in the hands of federal government.
5) Role of Powerful Presidents:

The powerful Presidents have issued rules and regulations in the exercise of their
authority widening scope of federal government. Presidents like Lincoln, Washington,
Roosevelt, Wilson have exercised dictatorial powers. They have taken action even
without any constitutional justification. President Lincoln declared war against Southern
States on the question of slavery. Roosevelt’s New Deal policy has widened the control
of federal government over subjects originally within State jurisdiction.
6) Federal Grants-in-Aid:
Federal grants-in-aid are a prolific source of centralization. Grants-in-aid are the
payments made by the national government to state and local governments for the
support of welfare activities administered by states and their local bodies, e.g. housing,
agriculture, education and other matters. State functions can’t be compartmentalized.
All state subjects are national in scope and though they are locally administered, yet
must be standardized at high level by central government. The centre gives the grants
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for the specified purpose and subject to conditions stipulated by Congress. It is a matter
of common knowledge that one who gives money has a loud voice in calling the tune.
7) Defense of Country:
The constitution empowers the national government to protect the country from
external aggression and when necessary for waging war. The problem of common
defense makes the government responsible for gearing up the entire life of the nation
and when the country is in the midst of war, all out efforts must be made to win it. It
means conscription of men, control of channels of production, transportation,
distribution, and in fact, nearly every aspect of economic and social life in the country.
When the war ceases, the government must tackle problems of demobilization and
post-war reconstruction. All this leads to increase in authority of federal government.
8) The Impact of Civil War:

The issue of Centre-State relationship was effectively decided by the Civil War of 1861-
1865 which gave a negative verdict against separation, state autonomy and state loyalty,
which resulted in the concentration of more powers in federal government.
9) Impact of World Situation:

The centralizing tendency in the American constitutional system has been further
strengthened by the international situation. World War II was responsible for enormous
increase in the powers of the federal government. Post war cold war going a between
the Communist bloc and Capitalist bloc in world politics continues to strengthen the
powers of the central government of America.
According to D. White,
“The most obvious giant pushing us towards the centre is the Russian bear”
10) Role of Supreme Court:

The role of Supreme Court has also played an important role in strengthening the
influence of federal government. The judges are appointed by President and confirmed
by the Senate which consequently comes to have a federal bias. Supreme Court has
always interpreted the constitution in favor of the national government.
Conclusion:
It is concluded from the above discussion that United States has federal form of
government in which the constitution is supreme. It provides Supreme Court to protect
constitution and resolve the disputes between national government and regional
governments. At beginning the federal government was weak but with passage of time
its powers were greatly increased.
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Advantages & Disadvantages of Federalism

 Introduction
 Meaning of Federalism
 Concept of Federalism in America
 Advantages of Federalism
 One Nation with State Identities
 Internal Flexibility
 Prevention of Despotism
 Interest in Local Government
 Better Local Government
 Political Experimentation
 Political Stability
 Efficient Government
 Disadvantages of Federalism
 Weakness in Foreign Affairs
 Weakness in Home Government
 Threat of Rebellion
 Threat of Division
 Lack of Uniformity
 Double System of Legislation
 Conclusion
Introduction:
America is the first modern democratic state which opted for a federal form of
government. The fathers of the US constitution were aiming at unions of regional
autonomy and the national unity. It could be possible only this form of government.
Meaning of Federalism:
A Federal form of government provides for a Union of States in which authority is
divided between the centre and the States. Both the centre and the states work
autonomously within their domains.
Concept of Federalism in America:

In America the powers between the federal government and the state governments
were distributed by the framers of the constitution. Originally the federation consisted
of 13 states, now it contains 50 federating states. The America was created by
surrendering some powers by the member-states. The federal government has
therefore, delegated the specified powers and all residuary powers lie with the states.
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Advantages of Federalism:
James Bryce has noted eight advantages of the federal form of government which are:
1) One Nation with State Identities:

The 1st advantage of federalism, according to James Bryce, is that “it furnishes the
means of uniting the commonwealth into one nation under one national government
without extinguishing separate administrations, legislatures and local patriotisms”. Thus,
without destroying the identity of the states the federal form of government permitted
America to become one nation.
2) Internal Flexibility:
The 2nd advantage of federalism is that it allows the flexibility required to answer a
variety of needs that naturally arise in a nation rapidly expanding its territory, “Thus the
special needs of a new region are met by the inhabitants in a way they find best its
special evils are cured by special remedies”. This argument by Bryce in favor of
federalism is still valid today. Although American federalism is essentially based on state
units, there are few frontiers that do not conform to the state boundaries. The whole
realm of regional associations opens up vistas for a new type of federalism.
3) Prevention of Despotism:
The 3rd, that federalism “prevents the rise of despotic central government, absorbing
other powers, and menacing the private liberties of the citizen”. This argument is not
completely valid for nonfederal governments are not necessarily despotic. France,
Netherlands, Norway, Sweden, Denmark, and Japan, for example all have unitary forms
of government rather than a federal system but none of these countries could be
described as despotic. The underlying forces of a government tend to shape the
character of the system as much if not more than constitutional arrangements. The
necessary conditions of democracy can be met equally by a unitary form of government
and by the federal system. Nor can it be argued that the federal system will be a greater
protector of individual liberties than centralized govemments. Actually the reverse is
somewhat true in the United States. When the history of the struggle for civil liberties
and civil rights in America is examined, it becomes clear that the state governments
tend to curtail these rights far more than the national government. By permitting a state
to adopt whatever policies conform to the wishes of the majority dominant within its
boundaries, federalism sometimes condones government action that would not be
tolerated by a national majority.
4) Interest in Local Government:

The 4th advantage is that “self government stimulates the interest of people in the
affairs if their neighborhood.” Bryce’s point here was probably more valid in the 19th
century than it is today. Although people’s awareness of local conditions maybe
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desirable, it is not necessary to have federal system in order to have local self
government. Moreover, public interest can be activated by many things, such as the
effect of legislative action on the individual citizen or the attention paid to
governmental affairs in the news media. As a result citizens often become more
interested in the national government than in their local community. Interest in
government is not a function of formal constitutional provisions but rather is based
upon a wide range of informal forces.
5) Better Local Government:

The 5th argument advanced by Bryce in favor of federalism is that through federalism,
“self government secures the good administration of local affairs by giving the
inhabitants of each locality due means of overseeing the conduct of their business”.
Here again Bryce’s argument can be countered somewhat by the reality of present-day
situations. There is no guarantee that citizens are able to participate more directly and
effectively in local than in national affairs. Conditions have changed radically since the
framing of the constitution. Where it still exists, the town meeting is often a sparsely
attended function, and local elections rarely attract as many voters as national one do.
6) Political Experimentation:
The 6th advantage of federalism is that it enables a people to try experiments in
legislation and administration, which could not be safely tried in a large centralized
country. A comparatively small commonwealth like an American state easily makes and
unmakes its laws; mistakes are not serious, for they are soon corrected; other states
profit by the experiences of a law or a method, which has worked well or ill in the state
that has tried it. The era of the 1970s marked a resurgence of state experimentation in
governmental policies in areas such as abortion, divorce, auto-mobile insurance, urban
development, and environmental protection.
Experimentation by state courts in the development of new constitutional law was an
important aspect of the federalism of the 1980s. The California Supreme Court, for
example, has extended the protection of civil liberties and civil rights beyond the
guarantees of the federal constitution. Other state courts as well, sometimes following
California’s lead, have established new constitutional rights for their citizens. The rights
to education, for example, first established in California, has been upheld in Arkansas,
Colorado, Connecticut, Maryland, and New Jersey. By contrast, the United States
Supreme Court has declared that there is no fundamental right to education.
7) Political Stability:
The 7th advantage that Bryce pointed out was that although federalism may “diminish
the collective force of the nation yet it keeps the state political stable”. Bryce himself
was writing during the period when Populism, an extreme political movement for the
time, was gaining enthusiastic adherents to its policies of free silver, nationalization of
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transportation and of telephone and telegraph line, income tax, direct election of
United States senators, the secret ballot, and limitations on immigration.
Although most of these reforms sound mild by today’s standards, they were considered
quite radical at the end of the 19th century. Dominant in the Rocky Mountain states, the
Dakotas, Kansas, and Nebraska, as well as in the rural South, the Populists had thread
enough base in the election of 1892 to win 22 electoral votes; but by 1896 they were
forced to align with the Democrats. Although such radical movements do “leak” from
one state to another, the size, diversity, and various levels of govemments have tended
to dilute them.
8) Efficient Government:
The 8th advantage that Bryce claimed was that federalism, “by creating many local
legislatures with wide powers, relieves the national legislature of part of that large mass
of functions which might otherwise prove too heavy for it. Thus business is more
promptly dispatched, and the great central council of the nation has time to deliberate
on those questions, which most nearly touch the whole country”. This is probably
Bryce’s most valid point. It is impossible to imagine the national government handling
the innumerable concerns, such as marriage and divorce law, traffic regulations, Meta
vehicle inspection, liquor licenses, and so forth, which face states and local governments.
It is a job beyond the capabilities of the central government.
Disadvantages:
From the arguments that have been set forth to underline the advantages of federalism,
it is obvious that there should be counter arguments that would demonstrate its
disadvantages. James Bryce found that there were six weaknesses generally attributed
to American federalism that wouldn’t exist under a unified system. He listed these as
follows:
1) Weakness in Foreign Affairs:

Bryce’s argument that federalism makes a nation ineffective in foreign affairs has not
been borne out by the facts of American history. Although the states do have conflicting
interest among themselves and with the national government with respect to trade
policies, they do not have such conflicts in general foreign policies. In any case the
constitution avoids any inter-governmental rivalry in this area by clearly stating that the
national government is supreme in foreign affairs.
The constitution provided that states can neither enter into treaties, confederations or
alliances nor can they lay any imposts or duties on imports or exports unless absolutely
necessary to execute inspection laws. Moreover states can’t without the consent of
Congress, “lay any duty of Tonnage, keep Troops or Ships of War in time of Peace, enter
into any Agreement or Compact with another State, unless actually invaded or in such
imminent danger as will not admit if delay” (Article 1, Section 10). These prohibitions on
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the states in the area of foreign affairs have strengthened rather than weakened the
federal government’s conduct of foreign affairs in the United States.
2) Weakness in Home Government:

Certainly it could be argued that even in a unitary system there is no significant
Opposition by local communities against national power. Such opposition might not be
as frequent and as vigorous in a federal system. A unitary form of government would
require a stronger central administration and would create a more centralized system of
patronage (appointments to government jobs), thereby strengthening the hold of the
dominant political party on the national level.
Political patronage would surely encourage the loyalty of local officials, who would
actively support the dominant party to guarantee their own jobs. Government funds
would also be allocated in accordance with the amount of support given to government
programs by the local politicians. Although political patronage now exists to some
extent in national government it is not too effective because states can control
substantial patronage within their own boundaries and thus create their own sources of
loyalty and support.
3) Threat of Rebellion:
This weakness is somewhat linked with Bryce’s disadvantage above. The Civil War bears
out Bryce’s contention that secession and rebellion are threats to the federal structure.
Although the secession movement failed, the states as units of government still have
the potential to resist national policy. Both Presidents Eisenhower and Kennedy had to
call out the National Guard to quell violent Southern opposition to school integration. As
Bryce would have said these states were legal entities with their own government’s
revenues and local patriotisms, and this enabled and even encouraged them to resist
national power. Ordinarily, though in these clashes between national and state power
national power emerges victorious.
4) Threat of Division:
Again the Civil War serves as an illustration of Bryce’s point. The confederacy however
lost in its attempt to establish a separate alliance of states, and there has been no
subsequent attempt by American states to follow its example.
5) Lack of Uniformity:
The lack of uniformity in policy and administration among the states is a fact of
American federalism. Whether this is desirable or not is largely a matter of opinion but
there is little doubt that it is often troublesome. When traveling from state to state or
changing state residences, individuals are confronted with different laws governing such
matters as motor vehicle registration and operation, divorce, education taxation, civil
rights, civil liberties and so forth. In some of these matters it would be highly desirable
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to have some kind of national uniformity or at least some consistency among the states.
6) Double System of Legislation:

Although in some federal systems two sets of legislative subsystems might lead lo
conflict this has not happened in the United States. Authority over most matters has
been carefully divided, so that although there is some overlapping of governmental
functions, it has not disrupted the system too much.
Conclusion:
It is concluded form the above discussion that in the case of the United States, the
advantages of federalism have outweighed its disadvantages. The system has its
noticeable flaws, but, in general, compromises have been reached in those areas where
the problems of the two levels of government seemed insoluble.
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American President
 Introduction
 American President
 Qualification
 Election
 Term
 Succession
 Impeachment
 Privileges
 Sources to Power of President
 Current American President
 Powers and Functions of American President
 Chief Administrator
 Power of Appointments
 Maintenance of Law and Order
 Council of Ministers
 Supervision of Staff
 Directing Agencies
 Veto Power
 Messages
 Special Sessions
 Patronage
 Appeal to Public Opinion
 Personal Influence
 Political Bargaining
 Judicial Powers
 Diplomatic Powers
 Military Powers
 Party Leadership
 Factors
 One-Man Office
 Fixed Term
 Separate Constituency
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 Growth of Political Parties

 Democratization of Election Process
 Leader of Party
 Vagueness of Constitutional Language
 Position of President
 Conclusion
Introduction:
America has presidential from of government in which the President is the Head of State
and Chief Executive of the country and all the executive powers and authority is vested
in his hands. His powers are so enormous, wide and overwhelming that he has been
described as “the foremost ruler in the world”.
American President:
The President of the United States is supreme in executive sphere and is master, of his
Cabinet, as he chooses them as personal team of advisors. He is not bound to Cabinet
decisions, but Cabinet has to follow his instructions, otherwise they are bound to quit
the Cabinet.
Qualification:
The constitution provides that a candidate for presidency must be
I. A natural born citizen of the United States
II. Must not be less than 35 years of age and
III. Must have resided not less than 14 years in the country.
Furthermore the usages and conventions have also imposed some restrictions. As
America is predominantly a protestant country no Roman Catholic except Kennedy was
elected President. The constitution has not debarred women or Negro, yet no woman or
Negro has even been elected as President.
Election:
The President of America is elected through following process.
I) Nomination by parties:
Both parties nominate their candidates for President in summer before the election.
Party delegates from all the states assemble and nominate the presidential candidate
through ballots by the overall majority of delegate votes in National Convention. The
delegates are elected by primaries or caucuses. The delegates chosen attend the state
convention, which does normally bind the delegates to the National Convention to a
particular nominee.
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After the nomination of presidential candidate, the National Convention seeks to unite
the whole party including the losing candidates, believed the nominee.
II) Electoral College:

The constitution provides for indirect election of the American President. He is elected
by an "Electoral College” consisting of as many "Presidential Electors” as is the number
of members of both Houses of Congress. At present" Electoral College" has 538
members equivalent to 438 Representatives and 100 Senators. The Electoral College is
constituted in each state and consists of as many members as each state has in both
Houses of the Congress. For example the state of New York has 43 electoral votes,
equivalent to 41 Representatives and 2 Senators and the state of Delaware has 3
electoral votes equivalent to 1 Representative and 2 Senators. The method of electing
the presidential electors in each state has been left to be determined directly by state
concerned. Originally they were elected by the state legislatures, but now they are
directly elected by the people. The members of Electoral College are elected on Tuesday
after the first-Monday in November of every leap year.
III) Voting by College:

The members of Electoral College meet in each state and cast their votes on the day
fixed for presidential election. They meet in their respective state’s capital on first
Monday after second Wednesday in December and vote for the presidential candidates.
The result is sealed and is sent to Chairman Senate by each state.
IV) Counting of Votes:

On 6th January of New Year Congress meets in a joint session and votes are counted. The
person securing the majority of total votes is declared elected, In case no presidential
candidate secures required majority of votes, the House of Representatives elects one
person from amongst the first three candidates, securing the highest number of votes.
In such a case, each state has one vote irrespective of number of representative in the
House. If no one is elected as President, then after 4th March the Vice-President
automatically succeeds to the presidential office.
V) Oath Taking:
The oath taking ceremony takes place on 20th January of new year in which the new
President and Vice-President is sworn into their offices in the presence of out going
President other dignitaries in Washington DC.
Term:
The term of the President is four years. According to the 22 nd amendment of the
constitution, no person shall be elected to the office of President for more than two
terms. The constitution originally didn’t put any restriction on re-election of a President.
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George Washington, the first President, was elected twice, but he refused to contest
election for the third time by establishing a convention. President Roosevelt was re-
elected for the 3rd and 4th term in 1940 and 1944. However an amendment was ratified
on 27th February 1951, which imposed restriction for 3rd term for presidential candidate.
Succession:
The Article-2, Section 1, Clause 5 of the constitution provides that if the president's
office falls-vacant due to his death, resignation, impeachment or inability to discharge
the duties, the Vice-President succeeds to his office for the remaining period of his term.
If both President and Vice-President are unable to perform their duties, they would be
succeeded by Speaker of House of Representative, President Pro-Tempore of Senate,
Secretary of State, Treasury, Defense, Attorney General, Secretary of Interior,
Agriculture, Commerce and Labor and so on.
Impeachment:
The President can be removed from office through impeachment. The House of
Representative adopts by resolution, article of impeachment charging the President
with certain high crimes and directs the prosecution before the Senate; which acts as
judicial tribunal for impeachment and is presided over by Chief Justice. The Senate may
convict the President by 2/3rd majority of its total members. President Johnson was
subjected to the process of impeachment in 1868, but it couldn’t be carried out due to
lack of required majority. Again President Nixon was also subject of the same provision,
yet he avoided the impeachment by resigning from the presidency in 1974. President
Clinton was also subjected to the process of impeachment but due to lack of required
majority, his impeachment was also avoided in 1998.
Privileges:
The President is immune from arrest for any offence during his tenure. He is not subject
to the control of courts. He can be punished for an offence only after his removal from
the office. The President receives a salary per year, occupies an official residence in the
White House and enjoys other perks and privileges.
Sources of Powers of President:

The American constitution has given more powers to the President; and he is directly
elected by the people and as such enjoys greater measure of popular support. Thus the
American constitution has made the President a real executive and actual head of the
state rather than a titular head of state. Other sources from which the President derives
his powers are statues of Congress, Supreme Court decisions and usages & customs.
Current American President:

The current President of the United States of America is Donald John Trump. He is 45th
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President of America and belongs to Republican Party. His campaign slogan for
President was, “Make America Great Again”.
Powers and Functions of American President:

The President of United States wields the largest amount of authority, even wielded by
anyone in democracy of today world. Currently he enjoys extensive legislative, executive,
judicial, diplomatic and military powers which are discussed below as:
The American President has following executive powers:
I) Chief Administrator:
The President is the head of the national administration and the supervisor of its
operation. All executive actions are taken in his name. He is responsible for enforcement
of constitution, laws, treaties and judicial decisions of Supreme Court within country or
outside country. For this purpose, he may direct the heads of departments and their
subordinates in performance of their functions as lay in relevant statutes of Congress.
He is master of his cabinet and the members of the cabinet are appointed by him and
they remain in offices as he is pleased with them. He is mainly responsible for
administration of national government and supervision of administrative departments
and agencies. He is also responsible for the faithful execution of laws. The efficiency of
whole administration depends upon the capability of the President.
II) Powers of Appointment:

The President can appoint superior officials of country such as ministers, ambassadors
and judges of Supreme Court with the consent of Senate. He can also appoint inferior
officials according to the rules without the consent of the Senate. In case of superior
services, the President has no difficulty in ratifying appointments by the Senate, if his
own party is in majority in the House. A number of services especially of local nature are
approved by the Senate, under the “Senatorial Courtesy”. The Senate usually ratifies
such appointments, if the senator of the state in which the appointment is made,
approves the same. The President can also evade the consent of the Senate in making
appointments in higher offices, if he so desires. He may fill the vacancy temporarily
during the recess of the Senate.
III) Maintenance of Law and Order:

The President is responsible for the maintenance of Law and Order throughout the
United States. He may maintain order, if there is resistance in any part of the country.
The President may act at his own if the matter is of federal jurisdiction or he may act on
the request of the state government if the matter is of state's jurisdiction.
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IV) Council of Ministers:

As Chief Executive the President presides over the executive branch of government. He
nominates and with the advice and consent of the Senate appoints the top political
officials who serve in the executive branch. These officials include the secretaries of the
fourteen departments and their deputies and assistants as well as the administrators of
the executive agencies, such as the Social Security Administration. The president leads
the executive branch of the federal government although he delegates much of this
authority. The fourteen departments are agriculture, commerce, defense, education,
energy, health and human services, housing and urban development, interior, justice,
labor, state, transportation, treasury, and veterans’ affairs. Appointment, removal,
replacement of the ministers and allotment of departments is the duty of the President.
The President appoints ministers according to his sweet will but not from Congress. The
ministers are accountable before the President only.
V) Supervision of Staff:
Under the spoil system, the President appoints about 6700 cream officials in whom
some are part-time servants while 1200 employees are appointed and approved by the
Senate. The President formally supervises employees of the executive branch but
delegates nearly all of this authority to staff members. The President’s executive office
consists of several divisions, including the White House Office, the Office of
Management and Budget (OMB), The Council of Economic Advisers and the National
Security Council. Through the personnel of the White House Office, the President
maintains communication with Congress, heads of the executive departments and
agencies, and the media. The President relies on the OMB to help in preparation of the
federal budget and to supervise federal spending.
VI) Directing Agencies:

The President also directs numerous independent agencies. These include the
Environmental Protection Agency (EPA), Equal Employment Opportunity Commission
(EEOC), Export-Import Bank, Farm Credit Administration, Federal Communications
Commission (FCC), Federal Deposit Insurance Corporation (FDIC), Federal Election
Commission, Federal Maritime Commission, Federal Reserve System, Federal Trade
Commission (FTC), General Services Administration, National Aeronautics and Space
Administration (NASA), National Foundation on the Arts and the Humanities, National
Labor Relations Board, National Science Foundation, Securities and Exchange
Commission (SEC), Small Business Administration and the Postal Service.
Under the theory of "Separation of Powers" the President of the United States has
limited legislative authority. He can’t summon, prorogue and dissolve the Congress. He
is not member of Congress and can not initiate any bill directly. The Congress can make
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any law against the wishes of the President. But in practice, the President has acquired a
vital share in legislation during the course of time. Some of his legislative powers may be
summed up as follows.
I) Veto Power:
All the bills passed by the Congress are referred to the President for his approval. He
may deal with them in four different following manners:
I. He may assent the bill, which will become an act
II. He may take no action on it within ten days it will become an act, if the
Congress is still in session
III. He may take no action on the bill within ten days; it will be killed, if the
Congress is not in session. It is known as "Pocket-Veto” of the President
IV. He may reject a bill and may return it to the House with or without
amendments. In case, the bill is re-passed by the Congress by 2/3rd majority
of each House, it will become law without the assent of the President.
II) Messages:
The President may send messages to the Congress suggesting some legislative measures,
which can not be easily ignored by the Congress. It has become a custom for President
to transmit a comprehensive statement of his views on all matters requiring legislation
at the opening of each session of the Congress. Sometime a special message of the
President is personally delivered to the Congress on special occasion; which has great
influence over legislation process of the country.
III) Special Sessions:

The President has the right to convene special sessions of the Congress. All important
laws were passed in 1913 in special sessions convened according to the wishes of
President Wilson. The practice of convening special session of the Congress was very
common previously. But under the new calendar introduced by the 20th amendment,
the need of special session has become less because the interval between regular
sessions has been lessened.
IV) Patronage:
The President has extensive patronage in his hands. He makes a large number of
appointments in the federal services. The Senators and Representatives always want to
win the President's favor in order to secure jobs for their supporters and friends. The
Presidents of the United States have often made bargains with members of the
Congress to get their proposals for legislation passed by them.
V) Appeal to Public Opinion:

The President is not only the Head of the Republic but also the leader of the nation. His
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office carries an inherent respect. The nation listens to him with attention. Whenever he
finds that Congress is pitched against him he can make direct appeal to nation, and may
create public opinion against his opponents in Congress. There are instances when this
method was effectively used by the President to put the Congress on the right errand.
VI) Personal Influence:

The President at the dinner table discusses most of the legislative program of the
Congress with the prominent party leaders in the Congress. The President, in fact,
experiences no difficulty if his party has a majority in the Congress.
VII) Delegated Legislation:

In addition to an immense influence exercised by President on Congress, he can legislate
on his own authority as well. He has power to make rules and regulations in form of
executive orders. In most cases, the Congress makes laws in general outlines. The details
are left to be filled in by executive. The rules and regulations thus made have the force
of law. This is known as delegated legislation or rule-making power. This power has
increased immensely in recent time. President Roosevelt is supposed to have exercised
this power extensively. He is said to have issue 3,703 executive orders during his
presidential career prior to 1941. During same period Congress passed only 4,553 laws.
VIII) Political Bargaining:

The President makes political bargaining with the legislators to pass/amend/erase such
and such laws and in reverse various demands are accepted by the President.
3) Judicial Powers:
The President of United Stated enjoys the judicial powers like other chief executives of
the world. Judicial powers of the President includes
I. Pardon - A pardon is a release from liability for punishment. Absolute pardon
wipes out all charges and restores the condition that existed before the
alleged crime was committed. Conditional pardon may leave certain
disabilities or obligations on the offender.
II. Reprieve - A reprieve is also issued by President which postpones execution
of penalty. Its use may be dictated by humanitarian considerations or by the
expectation of new evidences.
III. Amnesty - An amnesty is group pardon issued by President to a class of
offenders. President Jefferson had freed all those convicted under Alian and
Sedition Act of 1798. President Johnson proclaimed amnesty twice after Civil
War of 1860-65.
The Article-3, Section 3, of the constitution declares that the President shall have power
to grant reprieve and pardons for offences against the United States, except in cases of
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impeachment. Thus it confers an extensive power on President, subject only to one

exception of impeachment cases. The Congress can not limit his power. However the
President can not grant pardon or reprieve to offenders convicted under state laws.
The President of United States is financial manager of the country as he directs and
controls the finances. Although the Congress has the power to control federal financing
in theory, but in practice President actually controls the finances. It is under the direct
supervision of President that budget is prepared; which is placed before the Congress
for approval, who can’t amend or change. It is the general practice that budget is passed,
as it is prepared by executive. Very often the members of Congress understand the
technicalities involved in budget therefore it is difficult to be amended by them. Thus
the President is General Manager of financial affairs of the government and state.
5) Diplomatic Powers:
The President represents the USA in foreign relations. He formulates the foreign policy
of the United States. He appoints all diplomatic representatives of the USA to foreign
States with the consent of the Senate. He receives the foreign diplomats accredited to
the USA. He can negotiate treaties and agreement with foreign States in his discretion.
But all treaties with foreign States must be ratified by 2/3rd majority of the Senate. This
is no doubt a limitation on his authority regarding the conduct of foreign relations. But
the President is not to face any difficulty if majority in the Senate belongs to his party.
The President is however, placed in a difficult position when majority of the Senate is
hostile to him. The hostile Senate, for example, foiled President Wilson’s efforts
regarding the organization of the League of Nations. The fact of the matter is that the
President has position of vantage in the conduct of foreign relations of the USA since he
is placed in a key position. He has unfettered freedom to negotiate treaties. It is only in
the final stage that the treaties are placed before the Senate. Sometimes, it becomes
difficult for the Senate to reject them at the final stage. Then the President can enter
into executive agreements with foreign States, which do not require ratification by the
Senate. President Roosevelt and Taft exercised this power freely. These agreements are
no less important than others. The President doesn’t declare the war at his own but he
has exclusive right to terminate hostilities. Further, the President has sole authority to
extend recognition to a new foreign State. It was according to this right that President
Roosevelt accorded recognition to the Soviet Government in 1933. It is again on account
of the willful policy of Presidents Truman, Eisenhower and Kennedy that the Communist
government of China had not been recognized by America for long.
All these facts clearly show that the President of the United States is the dictator of
foreign relations. Washington, the first President, proclaimed the policy of “American
Neutrality” in 1793. President Munro enunciated the famous “Munro Doctrine”.
President Wilson and Roosevelt steered the State during the 1st and 2nd World Wars
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respectively. President Truman propounded his “Truman Doctrine”. President Kennedy

dictated American relations with full vigor and force. President Reagan enunciated the
theory of “Constructive engagement” in Africa.
6) Military Powers:
The President is Supreme Commander of armed forces, and is responsible for the
defense of the country. He appoints all military officers, supervises and directs the work
of Army, Navy and Air Force. He presents budgets for military expenditure and
employees and directs troops for the offensive and defensive purposes. At the end of
World War 2, President Truman gave the order to drop the atomic bomb on Japan. The
president can issue orders to US armed forces, such as the 1990 order George Bush gave
to deploy American military in the Persian Gulf and, later, to remove Iraqi forces from
Kuwait. As Commander in Chief of the armed forces, the president has the power to
formulate and direct military strategy and actions in time of war and peace. As country's
principal Military Commander, the President is responsible for the nation's security and
the safety of its citizens. Although the constitution grants Congress the power to declare
war, but the President has had nearly total freedom to send troops into combat. Harry
Truman in 1950 decided to fight Korean War (1950-1953). Presidents - Eisenhower,
Kennedy, Johnson, and Nixon waged war in Vietnam without a formal declaration of war
from Congress. Since establishment of Central intelligence Agency (CIA) in 1947, powers
of American President regarding deployment of the US troops abroad have increased.
7) Party Leadership:
President leads his political party. A popular President often uses this power to
campaign for the party’s congressional candidates. The President’s vote-winning ability
enables the candidates to win elections. Popular Presidents can sometimes use their
national support to win control of Congress for their party. A President whose party has
majority control of both houses of Congress stands in a much stronger position to enact
laws. Political party is dependent upon the role of the President.
Factors:
Following are the some factors which strengthen the position of the President:
1) One-Man Office:
The constitution gives the executive powers to one person alone. The combination of
executive and constitutional authority makes the President to act independently and
with greater efficiency. The delegated authority also enables the President to act with
great deal of discretion.
2) Fixed Term:
The President has fixed four year term; therefore he doesn’t need popular and
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legislative support to stay in office, unlike the parliamentary system in which PM needs
the confidence of majority members and legislative support. The President can take
unpopular action without any risk and can stay in office till the term expires.
3) Separate Constituency:
His independent authority and separate constituency have provided a base, from which
the power of the President could expand. The constitution protects the President from
the encroachment by other branches by granting the executive and military powers to
the President. By setting up the Electoral College, the constitution has given the
President a constituency completely free from the control of legislature.
4) Growth of Political Parties:

The growth of political parties also strengthen the position of President, as the political
parties nominate the candidate for presidency, help him in the election by running his
campaign and by getting him elected as President. After election the political party of
the President provides him the strong base of support to run the administration with full
strength.
5) Democratization of Election Process:

The process of election of the President, in which the participation of people and the
political party is ensured, provides strength to the presidency. The political parties
nominate the presidential candidates and the people elect the presidential electors,
who further elect the President. The rank and life of both parties has their voice in
selection of presidential nominees.
6) Leader of Party:
The President gains strength due to his role as party leader. The President can depend
to a certain extent upon members of his party in Congress to follow his direction. The
members of his party out side the Congress also support President and his programs.
7) Vagueness of Constitutional Language:

The language of Article-2 of the constitution has encouraged the growth of President’s
power. Strong President have seized upon such vague provisions as the Commander-in
Chief and Chief Executive clauses of Article-2 to justify taking initiative in far reaching
decisions In mobilization of national defenses and deployment of armed forces abroad
and taking any action in the internal politics.
Position of President:
The President of America is a very poplar figure within the country and most powerful
head of state outside the country. He combines in his person the powers and functions
of a King and Prime Minister. He is the head of the state as well as of the government.
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His powers are both real and effective. He is the representative of the whole nation and
single spokesman of America. He is the only voice in all affairs. No force can easily
overpower him.
Sir Henry Maine remarks that
“American President rules but doesn’t reign”.
Conclusion:
It is concluded from the above discussion that American President is the most powerful
head of the State. John Kennedy remarks that
“It is the President who has to decide when to lead the Congress, when to consult it and
when to act solely”.
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House of Representatives
 Introduction
 House of Representatives
 Composition
 Term
 Qualifications
 Privilege
 The Speaker
 Powers and Functions of House of Representatives
 Amending Powers
 Electoral Powers
 Declaration of War
 Causes of Weakness of House of Representatives
 Co-Equal Powers
 Mode of Election
 No Responsibility and Accountability
 No Share in Executive Powers
 Short Tenure
 Large Composition
 Absence of Leadership
 Parochialism
 Lack of Unity and Integrity
 Power of Judicial Review
 Conclusion
Introduction:
Article-1 of the constitution of United States declares, “All legislative power: herein
grated shall be vested in a Congress of the United States, which shall consist of Senate
and a House of Representatives“. The bicameral system of legislature was opted by the
constitutional convention both for historical and practical reasons. The upper and lower
chambers are called the Senate and the House of Representatives respectively.
House of Representatives:
The House of Representatives is lower chamber of American Congress. It is a popular
house representing the United State's citizens on national principle based on population.
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All the citizens of both sexes, who are at least 18 years of age, can elect the members of
the House of Representatives.
Composition:
Originally House of Representative consisted of 65 members but now its membership is
permanently fixed to 438 unless changed by a law of Congress. The number of
representative for each state is fixed by the Congress in proportion to its population.
The enumeration determining the number of Representatives, as originally set forth in
the constitution, provided for one. Representative for every 30,000 people, but today it
increased to 500,000. However a state is entitled to send at least one representative
irrespective of its population. Five states have only one representative each.
Term:
The term of the House of Representatives is two years. It can not be dissolved earlier.
The House meets every year on 3rd of January according to the 20th amendment of the
constitution and remains in session until its members vote to adjourn. However, the
President can convene its special session. It then can confine itself strictly to the task,
for which it is summoned. Both the houses adjourn simultaneously, in the case of
disagreement on adjournment; the President's verdict is final. The Congress sits at a
place in Washington called Capital Hill, near the White House.
Qualifications:
A candidate for election to the House must possess following qualifications:
I. He must be at least 2 5 years of age
II. He must be citizen of Untied States at least for seven years
III. He must be citizen of the states from where he wants to contest election
IV. He must not hold any office of profit under the government of United States.
Privileges:
Members of House of Representative enjoys following privileges:
I. A member of House of Representatives gets annual salary plus expense
money.
II. The Representatives are free from arrest except for treason, felony and
breach of peace, during the session of the House.
III. They enjoy the freedom of speech on floor of the House.
The Speaker:
The House of Representatives elects its own Speaker, who presides over its sessions.
The election of Speaker of House of Representatives is held purely on party lines. He is
nominee of the majority party in the House. He is partisan and openly favors the party.
He comes down from his chair and takes part in debates. He is virtually the leader of
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majority party and legislative leadership devolves upon him, as executive remains
absent from the House.
Powers and Functions of House of Representatives:

The powers and functions of House of Representatives can be discussed as follows:
The House of Representatives enjoys co-equal and coordinate authority with Senate in
the domain of legislation. Ordinary bills can be initiated in either of the chamber. The
Senate can amend or reject any bill passed by the House of Representatives. In the case
of disagreement between both chambers the matter is decided either by mutual give
and take or through a Conference Committee consisting of members from each House.
According to Article-1, section 7 of the constitution all financial bills must originate in
the House of Representatives. This is an adaptation of the British practice in establishing
the principle that the national purse strings should be controlled by the House directly
responsible to the people. The financial matter means all legislations involving
appropriation. All appropriation bills do originate in the House of Representatives. But
the Senate has powers to amend revenue legislation and this can increase or decrease
any given appropriation when that bill comes before it.
The House of Representative doesn’t control the executive. The only executive power it
possesses is that along with Senate it can declare war and conclude peace. There is
absence of executive power with the House, because executive is neither responsible
nor is removable by the House of Representatives, nor does it possess any direct
executive control like Senate. However it has exclusive right to initiate impeachment
proceeding by preparing charges against President, Vice-President, judges of the Federal
Court and other high federal officials.
4) Amending Powers:
The House of Representatives participate in amending the constitution of United States.
It shares with the Senate to propose amendments in the constitution by 2/3rd majority
of both chambers.
5) Electoral Powers:
The House of Representatives has the electoral powers also. It elects the President from
the highest three candidates for presidency in the Electoral College, if no candidate has
received a majority of electoral votes.
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6) Declaration of War:
The house shares with the Senate the power to declare war. But the constitution does
not permit the house to share its treaty-ratifying powers.
Causes
In all the democratic countries of the world, the lower chamber enjoys greater power
and prestige than the upper chamber. But In United States of America the House of
Representatives is less powerful and influential than the Senate, though the intention of
founding fathers was to make it more powerful than the Senate.
There are some factors which contributed for its weakness; which are as under:
1) Co-Equal Powers:
The first and foremost reason for the weakness of the House is that the Senate enjoys
co-equal powers in the sphere of legislation and finance. In other countries the lower
chamber is usually placed in an advantageous position by making the finance its
exclusive power. In the United States, while money bills must originate in the House,
which can be amended or rejected by the Senate in every sense except their name.
2) Mode of Election:
The Senate being a directly elected body detracts from that popular character of the
House, which is otherwise the privilege of lower chambers. In other countries like
England and Canada, the upper houses are either indirectly elected or nominated.
3) No Responsibility and Accountability:

The executive is neither responsible to the House nor does it spring from it. It has
nothing to do with the executive. The President is elected by the people. The Cabinet,
ministers or secretaries are appointed by the President and they have no place in the
House to defend the policy of the government or initiate legislation. This divorce
between the executive and house makes the House inferior to the lower chambers of a
parliamentary democracy where the executive is accountable to the lower house.
4) No Share in Executive Powers:

Unlike the Senate, the House has no share in the executive powers of the President with
regards to appointments and treaty-making.
5) Short Tenure:
The tenure of two years for the House is very short. This doesn’t encourage talented
people to come into it. They rather look forward to going into the Senate. The members
of the House are too much engrossed in their election campaigns because of its shortest
tenure of 2 years. The moment they are elected they start thinking of the next election.
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This compels them to remain active politically in their constituencies.
6) Large Composition:
As compared to the Senate, the membership of the House is very large. There is a time
limit on the speeches. This fact doesn’t enable the speakers to make the debates lively
and exhaustive. It lacks leadership which is provided by the Cabinet in the House of
Commons in England.
7) Absence of Leadership:
Unlike the House of Commons, there is no leader of the House of Representatives and a
spokesman of the government from whom may emanate the national policy. The
Speaker of the House is its leader but he has only the functions of presiding over its
meetings and regulating its debates. The national policy emanates from the President
through messages and there is none to defend that policy and carry the House with him.
This lack of coordination between the executive and the House lowers down its prestige
as compared to that of the House of Commons.
8) Parochialism:
The House of Representatives is dominated constantly by parochial interests what has
come to be known as “Locality Rule”. The constitution provided that candidate for the
election to membership of the House should not only belong to the State from where he
wants to contest election but also he should belong to the constituency from where he
wants to fight the election. This fact encourages parochial tendency.
9) Lack of Unity and Integrity:

The political parties of America are organized on the basis of different ideologies. They
are nothing more than organized groups for capturing political power. The ideas of
majority party and opposition party are much unknown in the House of Representatives.
Lack of political unity and integrity of the parties also hampers the influence of the
House of Representatives.
10) Power of Judicial Review:

The power of judicial review in the hands of the Supreme Court dampens the initiative
of the House in the sphere of legislation. The members of House are never sure whether
a bill initiated by them will stand or will be declared ultra vires by Supreme Court.
All these factors have contributed towards making the House of Representatives a very
weak lower chamber unlike other countries where the lower chambers are really more
powerful. In the United States, the lower chamber justifies its name. However, the
House represents the various sections of American life as it has a large membership.
Pattern has aptly remarked that the House "is the nation in miniature".
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It portrays greater homogeneity than many of its counterparts in the world and has
cultivated unity and integrity of nations.
Conclusion:
It is concluded from the above discussion that House of Representatives is the lower
chamber of American Congress. It is less powerful and influential than the Senate
though the intention of founding fathers was to make it more powerful than upper
chamber.
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American Senate
 Introduction
 American Senate
 Composition
 Term
 Qualifications
 Election
 Presiding Officer
 Senate Majority Leader
 Senate Minority Leader
 Whips
 Its Committees
 Powers and Functions of American Senate
 Control over Foreign Affairs
 Judicial Powers
 Miscellaneous Powers
 Reasons of Strength of American Senate
 Absence of Parliamentary Government
 Small Membership and Long Tenure
 Senators are Senior Politicians
 Direct Election of Senators
 Equal Legislative and Financial Powers
 Greater Freedom of Speech
 Court of Impeachment
 Solidarity of Senate
 Senators Represent State
 Strong Federation
 Investigative Powers
 Conclusion
Introduction:
Article-1 of the constitution of United States declares, “All legislative power: herein
grated shall be vested in a Congress of the United States, which shall consist of Senate
and a House of Representatives“. The bicameral system of legislature was opted by the
constitutional convention both for historical and practical reasons. The upper and lower
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chambers are called the Senate and the House of Representatives respectively.
Senate:
Senate is the Upper or 2nd chamber of American Congress. It is the most powerful upper
chamber in world.
Composition:
The Senate is upper chamber of the American Congress. It consists of one hundred
members on the basis of equal representation of 50 states. Each state sends two
senators irrespective of its size and population.
Term:
The term of each senator is six years. One third of the members retire after every two
years. It is a permanent body and can not be dissolved by any authority. A retiring
senator is eligible for re-election. The term of the senators of the same state can not be
terminated at the same time if a vacancy happens by resignation or death of a senator,
the governor of his state is empowered to nominate his successor to serve until the next
general election.
Qualifications:
According to the Constitution a senator must be:
I. Not less than 30 years of age
II. A citizen of Untied States for nine years
III. An inhabitant of the State from which he is elected.
It is noteworthy that bare majority of the members present and voting is sufficient to
exclude senator elect from the House. Expulsion of a member for disorderly behavior or
some other grave reason needs 2/3rd majority of the senators.
Election:
Originally it was provided that the senators would be elected by the respective
legislatures of the states. The method showed a plenty of defects; frequent deadlocks
among members of state legislatures resulted in senatorial seats lying vacant for quite a
long time. Cases of bribery and virtual purchase of seats also surfaced. As a result the
method of indirect election was abandoned and 17th amendment was introduced in the
constitution, which gave liberal orientation to Senate. The senators, in order to win a
direct popular election were formed in complete harmony with liberal and progressive
programs of the 20th century.
Presiding Officer:
The Vice President of the United States is the ex-officio Chairman of the Senate. He
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presides over the meetings of Senate and does not cast his vote except in the case of tie.
He neither appoints the committees of the Senate nor does he control Senate through
his powers of recognition.
The President Pro-Tempore is elected among the senators who is usually the senior
senator of the majority party in the Senate. He presides the meetings in the absence of
the Vice-President and plays an active role in the deliberation of the House. He is, in fact,
the nominee of the majority party in the Senate. He can vote on all issues and can
participate in its debates. In the case the Vice-President becomes the President of
Untied States, he permanently takes his place as Presiding Officer of the Senate.
Senate Majority Leader:

He is the key party leader in the Senate and is elected by the senators of majority party
in the Senate. He performs the following roles
I. Attempting to ensure that legislation as initiated by his party and receives
sufficient debating time to see success
II. Mobilizing support for the legislation within his party
III. Mobilizing support for the President’s proposal, provided that President is
from the same party
IV. Playing a leading role in the appointments of his own party.
Senate Minority Leader:

He is the leader of the minority party in the Senate and does not enjoy the luxury like
the leader of the majority party but he performs many functions like the Senate
majority leader. He was relatively little influence over the legislative programs but is still
expected to attempt to mobilize his party.
Whips:
Both parties have whips in the Senate who maintain discipline in their respective party.
They are to pursue a senator on a particular issue. But in practice they become the
principal assistants to both the majority and minority leaders in Senate privileges.
I. Senators receive salary of $1, 22,500 a year as well as about $1, 00,000 as
salaries for his staff
II. No senator is arrested during the session of the Senate. This immunity does
not apply to imprisonment on a charge of treason
III. Each senator has the freedom of speech in the House and is not liable to any
proceeding in the court in respect of anything he said
IV. A senator, once on floor, can speak as long as he likes, and may yield the
floor to another senator, as a matter of right as it goes to original Speaker.
It’s Committees:
The most significant aspect of the Senate is its committees, each of which performs a
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particular function for which it was constituted. The committees gather facts, examine
witnesses, set a date for public hearings in the bill, study it in details all the views and
prepare the reports and legislative drafts on which the House family acts. The important
committees are on finance, appropriation, foreign relations, and judiciary and inner-
state commerce. All issues before Senate referred to the relevant committee for opinion
and advice. The senator may be member of more than two committees simultaneously.
There are four types of committees:
I. Standing Committees: There are 19 standing committees which are
permanent. They have fixed membership and deal with particular subjects.
II. Joint Committees: They have been created for the purpose of exercising
supervisory control over atomic energy, budgeting, congressional operations
and literacy. They consist of members of both houses.
III. Select Committees: They are created occasionally to make some specific
investigation with restricted jurisdiction.
IV. Conference Committees: They also consist of members of both houses and
make compromise between the two chambers in the case of conflict on a
particular matter.
Powers and Function of American Senate:

The Senate enjoys extensive legislative, financial, executive, judicial and miscellaneous
powers. These may be discussed as follows:
Senate enjoys equal and coordinate legislative authority with House of Representatives.
Ordinary bills may be initiated in either House but Money bills can only be originated in
lower house. But this privilege of House of Representatives is not of much significance
because the Senate has vast amending powers. The Senate may strike out everything
except the title of a money bill. It may even substitute an entirely new bill and may send
the same back to House. As regard to ordinary legislation, the legislatives history of the
Congress shows that all important bills were originated in the Senate and then referred
to the House of Representatives. A bill becomes a law when assented by the President
after having been passed in both the houses. In case, there is disagreement between the
two houses, a Conference Committee consisting of 3 to 9 members from each House is
constituted to resolve the deadlock. Again, the legislative history of the United States
shows that it is the Senate unlike other upper houses enjoys predominant position over
the lower house.
The authors of the constitution wished to make Senate a sort of Privy Council to aid and
advise the President in the discharge of his executive functions. At first it was a small
body of 26 members and could easily perform as the advisory like Privy Council. George
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Washington, the first President of United States presented himself in Senate and sought
to seek its advice but it was refused. Then he turned to his Secretaries which constituted
the President's Cabinet. The Senate enjoys a unique position as a legislative organ in the
world since the constitution has conferred upon it certain direct executive powers to
check the President’s authority.
All high appointments made by the President are subject to the consent and advice of
Senate. With the growth of a convention known as “Senatorial Courtesy” the President
has acquired a lot of independent discretion in this connection. He is simply supposed to
get the approval of one or two Senators of his party, representing the State wherein the
appointment is to be made. By violating the "Senatorial Courtesy" the President has to
face the refusal by Senate with regards making appointments of lesser importance. In
case of major appointments also like those of secretaries of departments, judges of the
Federal Courts and diplomatic representative, the Senate does not stand in his way and
gives its consent as a matter of practice and rarely objects.
3) Control over Foreign Affairs:

All treaties are negotiated and concluded in the name of President, but all such treaties
are subject to ratification by 2/3rd majority of the Senate. The Foreign Affairs Committee
of the Senate exercises considerable influence over the foreign policy of United States.
The President keeps himself in close touch with this Committee and regularly acquaints
it with the latest developments in foreign policy. It may be noted that all such treaties
and agreements are to be placed before the Senate in the final form when it is difficult
for it to withhold assent yet no wise President will launch his foreign policy without
taking the Senate into his confidence. If President has some doubts about opposition of
the Senate, he consults the members of the Foreign Relations Committee of the Senate
in advance and solicits their views. The disapproval of President Woodrow Wilson's
foreign policy by the Senate is a standing warning to all future Presidents. Thus, Senate
exercise great influence over his foreign policy since treaties and agreements must be
finally ratifies by it.
4) Judicial Powers:
The Senate is the court for impeachment of the President, Vice-President and other high
ranking officials including judges of the United States. The charges are to be referred by
the House of Representatives and the impeachment is to be conducted by the Senate.
The Senate turns into a regular judicial tribunal when it sits as a court. Prosecution is
conducted by Committee of members of House of Representatives especially appointed
for this purpose. The proceedings of impeachment are heard by Committee of Judiciary
of the Senate, which is then presided over by the Chief Justice of the Supreme Court.
Again, judges of Supreme Court are appointed by the President with consent and advice
of the Senate. Thus, the Senate has a lot of judicial patronage in its hands. There have
been only 12 cases of impeachment of judges since the constitution was promulgated in
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1787. The President Johnson escaped from impeachment by one vote in 1869 and
President Nixon resigned before impeachment was approved by Senate and President
Clinton also escaped from impeachment by one vote in 1996.
5) Miscellaneous Powers:
I. The Senate shares with the House of Representatives the power to propose
amendments to the constitution.
II. The Senate decides Vice-Presidential election when no candidate gets an

absolute majority of votes in the election and elects one out of the two
candidates securing highest votes.
III. The Senate appoints committees to investigate and reports on the

administration of the Federal government. The Committees expose the
scandals and inefficiency of the administration, if any. The senators dominate
the politics of the country and its investigation committees are politically
vigorous. The administration is generally afraid of such committees. Thus,
Senate exercises an effective control over administration through these
committees.
Reasons
The multiplicity of powers of Senate has proved beyond any doubt. It is not only more
powerful than the House of Representatives but also most powerful Second Chamber of
the world. A careful appraisal of its powers shows that it is a mistake misnomer to call it
a Second Chamber. Even the fathers of American constitution mentioned Senate first
and then the House of Representatives in the Article of the constitution. In prestige and
authority the Senate in due course overshadowed the popular house of Congress and
became unique in the world.
The following are the reasons, which clearly proved the strength of the Senate:
The Senate is the only legislative organ in the world, which enjoys some direct executive
powers. It shares with the President his power of making top-ranking appointments and
through this privilege; it controls the internal administration of the federal government.
Then no treaty or agreement with a foreign State concluded by the President is valid
without ratification of the Senate. Through this power, the Senate controls the external
policy of the President. It has power of impeachment of the President to down hierarchy.
It is to be noted that these powers are exclusively exercised by the Senate. The House of
Representatives has nothing to do with them. This difference raises the prestige and
dignity of the Senate and indirectly lowers the prestige of the lower house.
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2) Absence of Parliamentary Government:

The absence of parliamentary form has also indirectly helped the Senate to acquire a
domineering position over House of Representatives. In countries with parliamentary
form of government, the lower house attains a higher status than the upper one, on
account of the fact that it has control over executive as in England and Pakistan. In the
United States the position is rather reverse. It is the upper house, which has sufficient
control over the executive and the lower house is devoid of any such power. The fact
places a premium over the Senate vis-à-vis the House. The constitution has made Senate
a coordinate chamber to House of Representatives in legislative matters.
3) Small Membership and Long Tenure:

The membership of the Senate is small but its tenure is long while the membership of
the House of Representative is large and tenure is short. The Senate consists of only 100
members. This small size makes it a more deliberative body and adds to its importance.
The House of Representatives is an unwieldy body consisting of 438 members. The large
size of the House makes its deliberation less effective. Then the senators are elected for
a term of six years, whereas members of the House are elected only for a short term of
2 years. Then senators are, therefore, not worried about their elections after every two
years. Moreover during a brief span of two years, no party can do full justice to its
program and policy. The constitution practice in the United States shows at the lower
house has to concord much to the Senate in order to expedite business because of its
short tenure.
4) Senators are Senior Politicians:

Senior politicians and men with legislative experience and wider knowledge of public
affairs, usually aspire to the membership of the Senate because of its longer term and
greater prestige than the lower House. The result is that the Senate becomes superior to
lower house in ineffectual quality, legal talents and political wisdom. .The newspapers
give greater coverage to the speeches made in the Senate. Public attention is more
focused on what happens in the Senate than in the House of Representatives.
5) Direct Election of Senators:

Unlike the members of the Second Chambers in England, Pakistan or Canada, the U.S.
senators are directly elected by the people. It is a matter of common experience that an
indirectly elected upper chamber finds it difficult to resist the will of the lower house
which is elected by the direct vote of the people in these countries. But in United States
the Senate can claim equally representative character with the House. The latter is
therefore, not in a position to dominate the former.
6) Equal Legislative and Financial Powers:

The Senate enjoys equal powers in the legislative and financial spheres with House of
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Representatives both in theory and practice. In United States, both, the House of
Representatives and the Senate have equal and coordinate powers regarding ordinary
and financial legislation, the deadlocks are frequent. In order to resolve such deadlocks,
a Conference Committee consisting of equal members from both Houses is constituted.
The legislative history of Congress shows that it is the Senate’s viewpoint which
ultimately prevails. It is natural because the Senate consists of seasoned statesmen and
stalwart politicians and men, who really matter in the public life of the country.
7) Greater Freedom of Speech:

The senators enjoy greater freedom of speech than the members of the lower house. A
senator can go on speaking for any length of time. This enables a full-length debate on
every matter and every measure is discussed from all viewpoints. The rules of procedure
are simple and flexible enabling the senators to carry on full length of discussion.
8) Court of Impeachment:
The Senate has the sole right to try impeachments against the President, the Vice
President and other high officials of the federal government, both civil and political. It
can make investigation into all affairs of public or private, when it could be shown that
such investigation were in the public interest. This fact enhances the prestige of Senate
and enables it to over-shadow the House of Representatives.
9) Solidarity of the Senate:

The Senate is only legislative organ in the world where the members have solidarity and
unity irrespective of their political affiliations. As for instance, when President Roosevelt
tried to bypass Senatorial Courtesy in 1938, it stood solidly against him. Even Senators
of his own party did not support him. They thrive on the principle of “Live and let Live”.
The entire Senate stands as one unit, wherever any attack on its authority is made.
10) The Senators Represent States:

The members of the Senate are elected by the entire population of a state whereas the
members of the House of Representatives are elected by a fraction of population in
constituency. Thus the senators have proud privilege of having greater representative
character and greater popular support as against members of House of Representatives.
The Senators represent the states as political unite. The old state loyalties having
diminished and narrow outlook disappeared. The Senators now regard themselves as
representatives of Nation as a whole. On other hand, it is seen that local interests which
so dominate in House of Representatives hardly exist in Senate. This gives to Senate a
natural precedence over lower House and adds to its majesty and dignity.
11) Strong Federation:

American federation is a standard federation. A strong and stable federation wants a
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powerful upper chamber to safeguard the rights of the federating units. This is the
reason that fifty American states remained welded together for more than 200 years.
The framers of the constitution also designed the Senate to protect state interests
particularly of small populations. To equalize small and large states, constitution
guarantees two senators to each state, regardless of population. The Senate now has
100 members, two each for states that range in population from California (more than
33 million people) to Wyoming (fewer than 500,000 people). The Senate tends to over
represent the least populous states at the expense of more populous states. The House
of Representatives, in contrast, allocates seats to the states according to population.
12) Investigative Powers:

The Senate can appoint various investigative committees to report on administration of
the President and especially his scandals. It can appoint committees to probe into
national problems. This is very important power of the American Senate.
Conclusion:
It is concluded from above discussion that Senate is a unique House. It performs all
kinds of powers and probably the most powerful upper chamber in world.
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Law-Making Process
 Introduction
 Legislative Proposal
 Bills
 Resolutions
 Law Making Process
 Introduction
 The 1st Reading
 Committee Stage
 Reporting the Bills
 The 2nd Reading
 Committee of Whole House
 The 3rd Reading
 The Senate
 Approval by President
 Financial Bills
 Conclusion
Introduction:
The main function of the Congress is to make laws or to amend or repeal existing ones.
Every law determines public policy, as every law is the embodiment of policy.
Consequently, the procedure by which laws are made is of great importance.
Legislative Proposals:
All legislative proposals are of following two kinds:
I. Bills
II. Resolutions
Bills:
Bills are of three kinds:
I. Public Bill - A public bill deals with general matters of public importance and
embodies a major program of government policy.
II. Private Bill - A private bill deals with a person or place and is of private
importance.
III. Money Bill - A money bill deals with money matter such as taxes and is
originated in the House of Representatives.
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Resolutions:
There are three kinds of resolutions namely:
I. Joint Resolution - A joint resolution is passed by both Houses of the Congress
and is submitted to President for his assent.
II. Concurrent Resolution - A concurrent resolution is employed to express in
attitude, opinion or objective of both Houses, which corrects error in the bills
already passed by the Congress and it needs not verification by President.
III. Single House or Senate Resolution - A Single House or Senate resolutions
express the opinion and purpose of the House concerned and it needs no
endorsement.
Law-Making Process:
An Ordinary Bill is to pass through the following stages before it is deemed to have been
passed in one House.
1) Introduction:
Any member of the House may introduce a Bill by dropping a copy of the Bill in the
“hopper” - a box on the Clerk‘s table in the House and the Secretary‘s in the Senate. The
bills are then immediately printed and copies are made available to the members. It is
to be noted that all important bills are introduced in the names of the Chairmen of the
Committees concerned.
2) The 1st Reading:

The 1st reading of a bill may be done on the same day or some other day may be fixed
on the agenda of the House. On the day and time fixed on the agenda of the House, the
bill in question is brought for the 1st reading. The first reading is formal and, in fact, no
reading at all. The bill is considered to have been read for the first time by having its title
printed in the Journal and the Congressional Records. The bill is then referred to an
appropriate Committee. In case of doubt the Speaker decides as to which Committee
the bill should be referred.
3) Committee Stage:
The presiding officer refers these bills to the appropriate Standing Committees. In the
case of private bill the sponsor himself writes the name of the committee, while in the
case of public bills, the subject matter of a bill would indicate to which committee, it
should be referred.
The committee stage is very essential in the life of the bills. In the committee, bills are
first given a preliminary examination and a decision is taken; whether the proposal has
any merit or not. Important matters are sorted out for further consideration, while
unimportant matters are dropped or killed or "pigeon-hold" as it is officially called.
The important matters are studied by the committee concerned, which gives it a
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Thorough consideration either by itself or by its sub-committee. The committee or sub

committee collects information and data on the subject matter through public hearing
in Congress Library in order to arrive at a decision. The Lobbyist or Pressure-groups, who
are interested in the bill, also provide information to the committee at this stage.
After collecting the information on the bill from various sources, the committee meets
in the executive session in camera. It may take the following courses:
I. It may approve the bill, as it stands.
II. It may amend bill and send the same to the concerned house for approval.
III. It may re-write bill keeping only its name and send the house for adoption.
IV. It may condemn the bill wholesale and may substitute a new bill.
V. It may kill or pigeon hole, the bill by keeping it on its files.
4) Reporting the Bills:

Usually the Chairman of the committee or some designated by him may report the
verdict of the committee, to the chamber concerned. In important matters the
reporting is exhaustive and extensive but in ordinary matters it is little more than a
simple affirmative. The killing of bills is not reported in the House. In the case, the
majority of the House adopts a discharge petition, after the bill has been before the
committee for 30 days and the bill is reported back. The petition rule is rarely applied.
Thus the committee becomes the power of life and death of each bill.
5) The 2nd Reading:

After reporting of bill, the second reading is resumed. Every clause of bill is discussed
and debated upon. Amendments and counter-amendments are proposed and passed by
voting. When the bills are finally shaped in second reading it is generally reprinted and is
placed before the House for the third reading. In some cases, the bill may not be printed
and the House may proceed to its third Reading.
6) Committee of Whole House:

The House goes into Committee of the Whole, the Speaker leaves the chair, the mic is
removed from the marble pedestal on the right of the chair and rules of the House
designated by the Speaker takes the chair and rules of the House are temporarily
suspended. The quorum is also reduced from 218 to 100 members in the Committee of
Whole and the members are allowed to discuss with greater freedom by escaping the
rules of the House. In the Committee of Whole, a large number of amendments are
presented, explained and disposed of.
7) The 3rd Reading:

At this stage only the title of the bill is read without proposing any amendment and is
voted upon by the House. If the bill is passed through the House successfully, it is
certified by the clerk and is sent to the Senate.
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8) The Senate:
The Senate deals with the bill in the similar procedure. A senator announces the bill that
he introduces it. Reading the title of bill constitute the first reading. Second reading is
considered completed if there is no objection and the bill is sent to the committee
requested by introducer.
The committees in Senate are like that of the House. After a committee reports the bill
favorably, it is placed on Senate calendar at least one day before being taken up. The
Senate normally meets at high noon and after the first hour; it turns to the calendar of
bills and takes up unobjected bill in order of list. If the bill gets majority, it is passed, if it
can’t get the required votes it is rejected. If the bill is rejected it is killed. The Senate can
impede the bill by using the devices of Filibustering and Cloture. Occasionally, senators
representing a minority point of view obstruct and frustrate the will of the majority
through filibuster. During the filibuster a senator holds the floor for hours delivering
relevant and irrelevant remarks primarily intended to obstruct until some concessions
are obtained. The cloture also called closure requires a petition to end debate signed by
of the senators. If the petitions get 3/5th majority, the closure is ineffective. If the Senate
proposes some amendments the bill comes back to House of Representatives. If the
House agrees, well and good, if it doesn’t agree to amendment proposed by the Senate,
an effort is made to come to an agreement through give and take policy. If this attempt
also fails, the bill is referred to Joint Conference Committee consisting of three to nine
members from each chamber. If the conference does not reach a compromise, the bill is
killed. If an agreed decision is arrived at the bill is referred to the President.
9) Approval by President:
A bill passed by both Houses of Congress is submitted to the President before becoming
law. If the President approves he signs the bill and it becomes law. If he disapproves the
bill, he returns the same to the House of origin with his objections. The proposed bill
dies unless each house by 2/3rd majority passes it over the veto, in which case it
becomes law without presidential approval. If the President doesn’t return the bill
within ten days, excluding Sundays, it becomes law without his signatures if the
Congress is in session. But if the Congress adjourns before the ten days have elapsed,
President may kill the bill by remaining mum over it. This is a “Pocket-Veto” of President.
Financial Bills:
Money bills can only be initiated in the House of Representatives. The Bureau of Budget
prepares budget of country under the direction and control of President. The President
makes the major fiscal policy and depends upon the Bureau of Budget. The budget is a
comprehensive fiscal plan which forecasts government's expenditures and estimates
revenues. It covers a period of one year starting from July 1 to June 30.
The budget is introduced in the House of Representatives and is passed by it. However,
it is amended by the Senate with the concurrence of the House.
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In the United States all appropriation of money can not be made without due approval
by Congress. Public money can be spent only for lawful purposes if it is approved by the
Congress. Thus the enactment of all financial bills is the requirement of constitution.
After the introduction of the bill, it is sent to Appropriate Committee. The Revenue bill is
referred to the Committee of Ways and Means; while the appropriation bill is sent to
the Committee on Appropriation. The Committee on Ways and Means holds public
hearings of interested parties, which may be affected in one way or the other. Then the
bill is reported back to the House with or without amendments. The House of
Representatives discusses and debates upon every item of the bill. After having passed
by the House, it is referred to the Senate.
The Senate can amend with concurrence of the House. In the case of disagreement the
same procedure is adopted as in the ordinary bills. The bill becomes effective after the
signature of the President.
Conclusion:
It is concluded from the above discussion that the procedure of law making is very
important because it determines the future and faith of the nation. The Senate
possesses vast powers in the field of legislation.
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Committee System
 Introduction
 Congressional Committees
 Utility of Committees
 Kinds of Committees
 Standing Committees
 Committee of Rules and Senate Majority Policy committee
 Conference Committee
 Sub-Committees
 Select Committees
 Committee of Whole House
 Conclusion
Introduction:
The modern States are positive and welfare States in character. The legislatures are
making new laws to meet the requirements of the changing social and economic life of
the people. They are amending the repealing old laws, which have out-lived their utility.
The legislatures are thus hard pressed for time. Moreover, size of legislatures has
become large and, therefore, the true purpose of a legislative measure can’t be properly
understood and a healthy discussion on it, consequences can’t be held usually as
exhaustively as necessary. To remove this defect, the legislative bodies throughout the
world assign preliminary work to Committees of the House. The underlying idea is to
save time and gain efficiency. These provide technical and expert knowledge to House,
which it otherwise lacks. On account of very large number of bills and measures
introduced in the US Congress, the use of Committees is all the more necessary.
Congressional Committees:
Every aspect of governmental and legislative activity is covered by congressional
committees. These committees are permanent and are expert in their respective field.
These committees have certain features which are listed below:
I. They are both legislative and investigatory committees as they legislate as

well as investigate.
II. They develop, draft and pass their own legislation and are not dependent on
outside agencies.
III. They have their own permanent staff and extensive research facilities often
augmented by special investigators.
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IV. They call witnesses from Congress, administration or outside bodies and
record their statement regarding the particular matter.
V. They hold hearings in public and let the public known about voting record of
their members.
VI. The procedural committees i.e. Policy Committee in the Senate and Rules
Committee in House have the ability to kill or hinder the legislation.
VII. Committee Chairmen are powerful political figure and the chairmanship are
much sought after.
VIII. Select or Special Committees are formed by either House.
Utility of Committees:
The Committee system is employed by all the legislatures of the world. It has become an
essential part of legislative procedure on account of the following reasons:
I. Modern Legislatures are huge bodies and are unfit for effective deliberations.
The true purpose of the measures introduced in the House cannot be
properly understood and healthy discussions on their implications and
consequences can’t be held. To remove this defect, the legislatures all over
the world assign preliminary work to certain committees.
II. Modern States are positive States. There is a great pressure of legislative
work, which can’t be finished without help from small committees.
III. Modern legislation is highly technical. Committees consisting of experts can
only deal with it.
Kinds of Committees:
Following are the different kinds of committees:
1) Standing Committees:
On each subject there is a Standing Committee, which have permanent member, who
are experts in their subject. They are also augmented by a large research staff and
extensive finance is at their disposal. They propose and amend legislation. They have
access to every type of information or documents. They can call witnesses from the
variety of sources to assist in their work.
There is a number of standing committees in both houses for examples Committee of
Appropriation, Ways and Means, Foreign Affairs, Armed Services Rule, Agriculture,
Banking Finance and Urban Affairs, Education and Labor, Government Operation, House
Administration, Judiciary, Merchant Marine and Fisheries, Natural Resources, National
Resources, Post office and Oil Gas Service, Public Works and Transportation.
2) Committee of Rules and Senate Majority Policy Committee:

If a bill is successfully passed through the committee stage it can find a place on the
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agenda of the prevalent house through the Committee of Rules or Senate Majority
Policy Committee. Its chances of success depend upon how early in the session it will be
heard. If it is placed up in the agenda its chances of success is bright but if it placed to
low down on agenda it will suffer one on two fates. Either it will never be debated due
to shortage of time or it will fall prey of the Presidential Pocket Veto, as the Congress
will be no more in session. These committees can play very important role in legislation.
3) Conference Committee:
The members of this committee are drawn from both Houses, who are appointed by the
Speaker of the House through informal consultation between the Majority Leader and
Chairman of Appropriate Committees in Senate. The bill comes to the committee when
the difference emerges between both Houses. The Committee resolves the differences.
The Committee produces an agreed bill and Send back to both Houses for approval. The
either House can’t further amend the bill. The bill will be killed if it is not agreed upon in
the Conference Committee. The committee cannot change the bill however it has to
make effort to achieve an acceptable compromise.
4) Sub-Committees:
The Sub-Committees deal with the specialized legislation. They hold the hearing, to
which all interested parties are invited. Most hearings are open, but executive sessions
are closed. The Sub-Committee has two effects, on one hand it has reduced the powers
of chairmen of the committees and diffused it among the heads of sub-committees. On
the other hand it has broadened the opportunity of involving more members of
Congress in legislation.
5) Select Committees:
Select committees are constituted to conduct a special investigation into some aspect of
administration. The Select Committee of the House dealt with the Watergate scandal in
1972 which found that the election fund was improperly used. In 1988 the Iran-Contra
affairs were investigated by a Select Committee In 1994 a Senate Select Committee
investigated that military and intelligence operations in Vietnam and Cambodia were
conducted without securing the approval of Congress.
6) Committee of Whole House:

Most of the legislation is first considered by the Committee of the Whole House. Both
the public and private bill comes before the Committee of the Whole House. In the
meeting of Committee, Speaker steps down and appoints a senior member to preside.
The quorum is only 100 members instead of normal 218. Each member is given five
minutes to participate in debate. Debates are usually freer than regular proceeding.
Once debate is concluded and votes have been taken. The Speaker resumes the chair
and calls house back into regular session.
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Conclusion:
It is concluded from the above discussion that committees play a very important role in
legislation. They save the time of the Parliament and ensures a more careful and
thorough examination of the various provisions of a bill.
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American Supreme Court

 Introduction
 Appointment
 It’s Jurisdiction
 Sessions
 Role of Supreme Court
 Guardian of Constitution and Fundamental Rights
 Development of Constitution
 Criticism
 Power of Judicial Review is Undemocratic
 Method of Arriving at Decisions is Faulty
 Judicial Veto
 No Age for Retirement
 Supporters of Conservatism
 Conclusion
Introduction:
The Supreme Court of the USA is the highest judicial tribunal in the federation. The
constitution vests all the judicial powers of the federation in this court and other inferior
courts to be established by the Congress.
Appointment:
Like all other high-ranking appointments, the President with the consent of the Senate
appoints the judges of the Supreme Court. The Senate confines the nominations of the
President after a good deal of scrutiny. The Judiciary Committee of the Senate makes a
careful examination of nominations made by the President. The Senate as a whole then
considers the report submitted by the Committee. When 2/3rd majority of the members
of Senate give their approval, the President issues the commission. As a result of this
procedure, the judges of the Supreme Court have been, with a few exceptions, lawyers
of distinction and men of a great caliber although no regular qualifications are
prescribed by the constitution.
The judges once appointed enjoy perfect security of service. They hold office during
good behavior and can't be removed except impeachment. Their salaries and
emoluments can’t be altered during the course of their service to their disadvantage. No
age of retirement is fixed by constitution. A convention has been established that if a
judge reaches at the age of 70 and has served on the Court for a period of 10 years, he
must retire. After retirement, they get full pay and are still considered to be federal
judges.
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It’s Jurisdiction:
The Supreme Court has both original and appellate jurisdiction. The original jurisdiction
extends to the following cases:
I. Cases affecting ambassadors and other public ministers and councils.
II. Inter-governmental cases, in which federal government or state
governments are parties.
It has original but not exclusive jurisdiction in cases brought by ministers of foreign
states, in controversies between federal government and a state and in actions by a
state against aliens or against citizens of another state.
Its appellate jurisdiction extends to all other cases falling under federal judicial authority.
The Supreme Court shall have appellate jurisdiction both as to law and fact under the
regulation as Congress shall make. It can hear appeals from the lower federal courts and
from State High Courts, in the cases, which involve the interpretation of the constitution
in letter and spirit. Cases that do not originate in the Supreme Court come to it by an
appeal or big writ of certiorari. Appeals are allowed as matter of right in cases involving
Federal and State powers, which obviously require a ruling by highest court. On petition
of certiorari the Supreme Court has the option of granting or denying review. About 80%
of Supreme Courts business arises from petitions of certiorari.
Sessions:
The Supreme Court has its own officials and makes its own rules of procedure. The
Court meets at Washington every year from October to May. The quorum is six and
majority of the judges must decide for or against the case. The cases are heard on
Tuesday, Wednesday and Friday. On Saturday, the judges confer among themselves.
The decisions are arrived at by a majority vote. On Monday, the judgments are delivered.
Role of Supreme Court:

The Supreme Court of the United States of America has played a vital role in evolution
and development of American political system. The theory of “Separation of Powers”
has given it independence from the control of the executive and the legislature, but in
consonance with system of checks and balances, it exercises certain control over
executive and the legislature if they go against the constitution by exceeding powers
granted to them.
The Supreme Court has played a double role. In the first Place, it has acted as the
guardian and custodian of the constitution and fundamental rights. In the second place,
it permitted the constitution to develop and expand with the march of time.
1) Guardian of Constitution and Fundamental Rights:

The Supreme Court is the final interpreter of the constitution. As a guardian of the
constitution, it protects the States against any encroachment by the federal government
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and vice versa. It protects the individuals against invasion by the Federation and the
States. It keeps the powers of the various functionaries of the government of the United
States within their respective spheres of authority. Hence the justification of Haskin's
that this great tribunal (Supreme Court of America) is a balanced wheel in the
governmental machinery.
It possesses judicial review. It can declare null and void a law passed by the legislature
or an executive action taken by the President of United States if the same goes against
any provision of the constitution. It is thus the final Court to judge the constitutionality
of any law or executive decision. It can, however, move into the matter only if a case is
brought before it. The power of judicial review has been complied so very frequently
that it is estimated that by 1937, the Supreme Court had declared ultra vires some
seventy laws passed by the Congress and some three hundred state laws. Laws may be
declared null and void during months and years after these were enacted.
The Supreme Court declares laws and orders null and void on the basis of "due process
of law" clause. It means that a law maybe declared unconstitutional, if it does not satisfy
the rules of reason. In practice, it implies that a majority of the judges of Supreme Court
may declare any law or executive action as invalid if it appears to them as unreasonable,
unjust or immoral even though it is not a direct contravention of a particular clause of
the constitution. In America law is correct only if the judges of the Supreme Court think
that it is correct no matter it is against the constitution or not.
In this way the Supreme Court of America has assumed the position of a super
legislature. Its authority hangs like a sword of Damocles on the heads of the legislature
and the executive. Legislation in America in the words of Jefferson is only a lottery. The
judges of the Supreme Court not only interpret the constitution but also determine
political and economic policy of the United States. As for example, the Supreme Court
declared ultra vires many important measures of the New Deal Legislation inspired by
President Roosevelt not from purely legal angle but from political bias and prejudice. It
is not for the people of the America to say what law they want. It is for the Supreme
Court to declare what law is according to the constitution.
In the opinion of Chief Justice Hughes
“We are under a constitution but the constitution is what the judges make of it".
Thus the Supreme Court has become "Super Legislature" or "Third Chamber of
Legislature". In 1969, President Nixon attempted to appoint the judges with strict
construction approach and appointed Burger as the Chief Justice of Supreme Court but
it was found soon that the Burger also displayed continuity in its exercise of judicial
power and decision-making method.
2) Development of Constitution:
As pointed out above the Supreme Court has also contributed a good towards the
development of the constitution. It is on account of the liberal interpretation by the
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Supreme Court that the American constitution framed in the 18th century to satisfy the
requirements of thirteen States with a small population which lived in pastoral cum
agricultural age, still holds good in the 21st century when America is one of the most
industrialized and civilized countries of the world. It is again on account of the
interpretations by the Supreme Court, that a skeleton constitution comprising 7 Articles
and containing some 7,000 words, is now meeting the requirements of a highly complex
government structure of the United States.
By its power of judicial review, the Supreme Court has always interpreted the
constitution to meet the needs of the times. By evolving the doctrine of implied powers;
it has made the centre strong at the cost of the States. Without this, the America's
federalism might have failed in these times of growing centralism. An example of
application of the doctrine of implied powers of judicial review, the Supreme Court has
always interpreted the constitution to meet the needs of the times. By evolving doctrine
of implied powers; it has made the centre strong at the cost of the States. Without this,
the America's federalism might have failed in these times of growing centralism.
An example of application of the doctrine of implied powers of the centre may be given
from the following case quoted by A. Appadorai:
“In 1791, Congress authorized the establishment of the Bank of the United States. The
Bank was entitled to operate its branches, throughout the country. Accordingly the Bank
opened its branch at Baltimore in the State of Maryland. In 1818, the legislature of
Maryland imposed a stamp duty on the circulating notes of the bank. The Baltimore
branch refused to pay the tax. The State sued the cashier of the bank. The Maryland
State High Court upheld the law. An appeal was lodged with the Supreme Court which
declared that according to a clause in the constitution (empowering the Congress to
collect taxes, to borrow money etc.) the Congress had implied power to start the bank
and, therefore, the state law was illegal and against the constitution".
The powers of the National government to regulate inter-state commerce, railways,

telegraphy, aero planes and radio all owe their origin to the decisions of Supreme Court.
The decisions and interpretations of the Supreme Court have played so great a role in
the evolution of the constitution that some commentators have called Supreme Court a
continuous constitutional conventions.
Munro remarks
“One might almost say that the constitution undergoes some changes every Monday
when the Supreme Court hands down its decisions”.
Criticism:
It can be criticized on the following grounds:
1) Power of Judicial Review is Undemocratic:

The power of judicial review in hands of the Supreme Court has demoralized popular
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legislatures in United States. It is an anomaly that judges should have greater powers
than the representatives of the people, who constitute the legislature. This power of the
Supreme Court has undermined the prestige and sense of responsibility of the Congress.
According to Laski
"The Supreme Court has assumed the position of a super-legislature"
This fact leads not only to bad legislation but also results in a large amount of good
legislation being never attempted. One fails to understand how a lawyer can be a better
judge than a politician in such matters and how he can understand the needs of people
better than the politicians. The judges only enforce laws and not justice.
2) Method of Arriving at Decisions is Faulty:

Its method of arriving at decisions is defective. Generally the decisions are taken by a
majority of five over four. This means that veto always lies in the hands of one man. This
way one judge can stand against the popularly elected Congress and the President. His
will prevails against their will. The judgments of the court are political and conservative.
3) Judicial Veto:
The Supreme Court can declare a law as invalid not because it violates a certain
provision of the constitution but because it does not appeal to the sense of reason of
the judges. Legislation in the US thus depends upon interpretations of judges of the
Supreme Court. This right of the Supreme Court is a Veto on representatives of people.
4) No Age for Retirement:

Absence of any upper age limit for retirement may and often does make a judge
continue to sit in the Court long after he ceases to be an efficient judicial head. This
makes the Court, reactionary.
5) Supporters of Conservatism:
The judges of Supreme Court are generally old people having orthodox views. They have
always defended respect for the past & status quo. They have zealously protected the
property rights. The Supreme Court has thus proved to be a citadel of vested interests
and not a bastion of popular liberties. It has always opposed any progressive piece of
legislation. It declared laws regarding income tax, minimum wage, and limited hours of
work for factory workers unconstitutional and even upheld restraints upon rights of
women.
Conclusion:
Supreme Court of America has been vital but controversial in the process of developing
the constitution to meet the challenging needs of the society. The court is a grand court,
a custodian of liberties as well as a protector of the constitution.
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Judicial Review
 Meaning
 Power of Judicial Review
 Sources of the Powers
 Scope of Judicial Review
 Significance of Judicial Review
 Criticism
 Conclusion
Meaning:
Judicial Review may be defined as power of Supreme Court to review all national and
state legislation and executive acts and declare them null and void if found
unconstitutional. Beard writes
"The jurisdiction of the Federal Courts extends not only to matters in law and equity in
the strict sense; it also includes cases involving the constitutionality of the States and
Federal Acts”.
In performing this duty, the Court says to the other branches of government, “Thus far
and no further". It was the Chief Justice Marshall who for the first time gave voice to the
dictum that "It is the constitution we are expounding."
Power to Judicial Review:

The constitution of United States doesn’t contain any specific provision concerning the
power of judicial review on Federal Courts. This issue was, in fact, never discussed in the
constituent convention in 1787. Some people believed that the framers of constitution
never intended to confer such a power upon the Court and that the exercise of this
power by the Courts is usurpation on their part. President Jefferson had argued that the
framers had organized the government into three independent branches on the basis of
separation of powers and that to give the judiciary the power to invalidate acts of other
two branches wouldn’t only make judiciary supreme over the scheme of constitution.
On the other hand, Alexander Hamilton in the Federalist No.78 Papers argued in favor of
the courts possessing such a power. In fact, a majority of the members of constituent
convention are in agreement with Hamilton's views.
Sources of the Power:

There are two sources of this power in the constitution.
I. The constitutional division of powers between Federal and State government

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II. Three organs of state. The second source is "due process clauses" of 5th and
14th amendments along with Bill of Rights of constitution. The “due process
clause” has immediately enhanced the scope of Supreme Court's power of
judicial review.
Scope of Judicial Review:

The power of judicial review has a wide scope and causes Acts of Congress, State laws
and Federal or State executive actions.
1) Review of State Laws:

It is the power of the Supreme Court to review the laws passed by the state legislatures.
If any of the law which violates the provisions of the constitution or which is in conflict
with a law passed by the Congress or a treaty negotiated by the President, the Supreme
Court has the power to declare it null and void. It must be remembered that Supreme
Court would review a law only when some aggrieved party approached it for purpose. It
can’t deliver its judgment on its own initiative.
2) Review of Federal Laws:

It is the power of the Supreme Court to pass upon the validity of Acts of Congress. Time
and again of Court has said that its job is to ascertain and declare whether legislation is
in accordance with or in contravention of the provisions of the constitution. The Court
has so far held much congressional legislation to be the constitutional in whole or in
part. The only recourse of Congress when such an opinion is handed down is to try to
frame new legislation within the limitations of the constitution.
3) Review of Executive Actions:

The Supreme Court exercises the power to review acts and actions of the executive also.
President Truman had issued an order directing the Secretary of Commerce to seize and
operate most of the country's steel mills. The President sought to justify his order on the
ground that it would help obtaining uninterrupted steel production for vital military
purposes at a time when the Korean War was in progress. The case went to the
Supreme Court which held that the President has exceeded his constitutional powers.
Accordingly, it set aside the President’s order.
Significance of Judicial Review:

The merits of the power of judicial review may be summarized as follows:
1) Its Exercise has Proved Beneficial:

This power has brought uniformity in United States system. It has been the principal
medium of uniform interpretation and application of federal constitution, federal laws
and treaties throughout the length and breadth of nation. It has also helped in ensuring
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that the constitutions and laws of the federating states conformed with the federal
constitution if it were not so, the US constitutional system would have become a hydro
headed monster of as many interpretations and as varied an application as were states.
2) A Useful Benefactor between Contending Legal Interests:

It has already been seen that the American constitutional system is based upon the
main principles of division and limitation of powers. By exercising the power of judicial
review, the Supreme Court has been successfully ensured that neither Federal nor State
government transgress the constitutional limits placed upon their respective powers;
also that no organs of government exceeds the limits of its constitutional jurisdiction. By
using this power, Supreme Court could always ensure that neither Federal government
suffered from any weakness due to lack of jurisdiction nor did the interests of the
constitutional states suffer. It has been a successful balance of interests in an evolving
federal political system. It is in this sense that Supreme Court has played a useful role of
guardian of the rights and privileges of Federal and States government alike; a guardian
of sustained and orderly evolution of the constitutional and political system.
3) A Protector of Rights of the Individuals:

Under the constitutional provisions regarding rights of individual and the due process of
the 5th and 14th amendments, the American Supreme Court safeguarded the rights and
privileges of the individual. For the greater part of its history, the Supreme Court gave a
very wide meaning to personal rights and liberty and property and guarded them by
declaring governmental laws unconstitutional and therefore inapplicable. The Court in
its judgments indeed, has had bias in favor of private property and freedom of contract.
But this bias was in keeping with the philosophy of American socio-economic systems.
4) An Indispensable Requisite of Federal System:

There is another justification of judicial review. It is an indispensable requisite of a
federal system. Justice Holmes declared that he could imagine a system in which the
Supreme Court had no power to invalidate a National status but couldn’t imagine a
workable system in which there was no judicial control over the federating states.
5) The Court has Enjoyed the Confidence of People:

The useful role that the judicial review has played in giving the American federal system
stability, coherence and flexibility in growth has won the confidence of the people
safeguards and restraints which have been thrown by the Court around its
considerations of constitutional questions are many such as case or controversy,
political questions, avoiding the constitutional issues etc.
Criticism:
The following criticism has been made on the power of Judicial Review:
154
1) Criticism on Basis of Five to Four Majority:

A line of criticism against the Supreme Court is that it can declare a law unconstitutional
by a five to four majority i.e. five of the judges holding the law constitutional and four
unconstitutional. In this way a single judge can title balance one way or the other. The
situation raises two points.
I. Should a single justice nullify the action of the President and the Congress
both of whom are the representatives of the people?
II. How is it that a set of judges come to the conclusion that a law is
unconstitutional and another set thinks that it is not? It would mean that the
opinion that judges form about the constitutionality of a law is more
subjective than objective. On both grounds the power of the Court is
undemocratic and therefore, ought to be terminated without delay.
This criticism is not valid. In the first place very few laws of Congress have been declared
unconstitutional by a close vote of five to four. Secondly, no statute of the Congress has
been declared unconstitutional by the action of the single judge. It would require
concurrent opinion of five judges at same time to declare a law unconstitutional. Thirdly
subjective opinions of the judges regarding what amounts to unconstitutionality do
influence their decisions but the opinion itself is always the result of a sound and
scientific understanding of law.
2) Criticism regarding the Coordinate Nature of Powers of Three Organs:

The real issue in the controversy over the power of judicial review is not what the Court
should do when it finds that a law is ultra vires of the constitution; the real issue is that
should the Court declare a law to be unconstitutional when the Congress and the
President do not regard it as such. It is argued that in scheme of American constitution,
the President, the Congress and the Supreme Court are coordinate organs in which no
one has supremacy over the other. Each organ has right to interpret the constitution for
itself. Jefferson was of the same view. But these arguments remained only theoretical
one. Both the Congress and President not acquired in Courts power of judicial review.
3) Encourages Irresponsible Legislation:

The power of judicial review of the Supreme Court is also criticized for reasons of its
political consequence. On one hand it encourages irresponsible legislation and on the
other it makes the attainment of political objectives too remote and uncertain. It makes
people lose active interest in political affairs.
4) Supreme Court as the Third Chamber:

The Supreme Court in exercising its power of judicial review under “due process clause”
155
has not restricted itself in determining the validity of the acts of government to an
examination of the fairness of procedure but has also resorted to an examination of the
reasonableness of the act. In the Courts view due process applied not only to the
procedures adopted by the government in denying a right, but also to the substance of
the law. The effect of this is to make Supreme Court a third chamber of the Congress
sitting in judgment over what the other two chambers do.
5) Judges are Conservative Folks:

There are hardly any reasons to believe that the judges on the Court are better qualified
to pass judgment on the advisability of a legislation regulating hours of labor in factories,
the use of private houses as cigar factories, imposition of particular taxes or public
control over prices, production and distribution.
Conclusion:
It is concluded from the above discussion that power judicial review is always continue
to raise its head whenever a political convention or law is declared void.
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American Party System

 Definition of Political Party
 Importance of Political Parties
 Party System in America
 Background of Party System in America
 Features of Party System
 Two Party System
 No different Ideological Basis
 Not Identical
 Decentralized Parties
 Regionalism
 Spoil System
 Conclusion
Definition of Political Party:

Political Parties are groups of people more or less organized, working as units and by
using their political power aiming at controlling the government and carrying out their
policies.
Importance of Political Parties:

Political Parties and democracy go hand in hand, as an elected government is essentially
party government. Political Parties render a very useful service to cause of democracy.
They formulate, level and organize public opinion by offering viable solutions to social,
economic and political problems faced by masses. They participate in elections. They
establish a link between the government and people by winning or loosing the elections.
Party System in America:

The Founding Fathers of American Constitution were afraid of the masses and the
political parties therefore, the constitution does not say anything about political parties.
They framed constitution as a safeguard against democracy and political parties by
introducing presidential system of government and indirect election of President in
order to keep the system away from the influence of political parties and masses. But
growth of strong political parties in United States shattered the hopes of framers of the
constitution. Now, the political parties in America dominate the entire political arena by
changing spirit of the constitution. The indirect election of the president has today
become direct due to the presence of political parties.
It is very difficult to draw the line of differentiation between the office of President and
majority party in Congress. For example the President makes numerous appointments
157
with the consultation of leaders of his party in Congress across a dinner table in order to
get approval by Senate. The legislation is exclusive business of Congress, yet it has made
the party in power under the direction of its leaders.
The influence of political parties over government doesn’t end with fact that the Chief
Executive has to consult his party leaders even at lower level. It is party machine, which
selects candidates for various elections, operates election-campaign, and brings voters
to the polling stations. It is party plate-forms which creates public opinion in its favor.
Background of Party System in America:

The founding fathers of American constitution considered political parties detrimental
to the national unity, yet the parties emerged with the promulgation of the constitution
on the issue of a strong Federal government v/s State rights. Since then, the two-party
system emerged in American politics.
1) Federalist v/s Anti-Federalist:

The Philadelphia Convention of 1787 had split the political leaders into two major
groups - one representing the large states and favoring a strong national government
known as Federalists, and other anxious to preserve the state autonomy known as Anti
Federalists. The former were led by Alexander Hamilton and later were led by Thomas
Jefferson. From 1789 to 1800 it was Federalist Party that remained in power. In 1800's
election, Thomas Jefferson was elected President of United States, as anti-federalist.
2) Whigs v/s Democratic Republican:

Later on, the names of two parties under went a change. The Federalist came to be
known as Whigs and anti federalist combined under the banner of a Democratic
Republican Party. The Democratic Republican Party remained in office from 1800 to
1824. This party dropped the word of Republican from its name and was known as
Democratic Party. Since 1828, it had been known by the same name up till now. It
supported the interests of States against the Federal government and had its roots in
agriculturists and planters. It upheld slavery. It lost the control over masses after the
civil war in America. The party again came to power under Wilson (1913-1921). After
twelve years in Opposition it came to the power again under the leadership of Roosevelt,
who was elected President in 1933 and remained in office for four terms. The party
again was voted for power in 1960 and 1964, when Kennedy and Lyndon B. Johnson
were elected presidents respectively. Mr. Bill Clinton also belonged to this party, who
was elected President for the first term in 1992 and for the second in 1996.
A third party known as Republican Party was founded in 1854, which replaced the Whigs
or Federalist from the American political scene. The success of its presidential candidate
Abraham Lincoln in 1860 boosted its prestige to a great extent. Abraham Lincoln
pledged to abolish the slavery in America. With its victory in Civil War, the Republican
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Party was thoroughly entrenched in United States' politics. It dominated the American
government and politics during next sixty years as the solely preserver of union. Its
standard bearers have included Lincoln, Grant McKinley, Theodore, Roosevelt, Hoonah,
Eisenhower and Nixon. It dominated the presidency for long periods in the post civil war
era, but the office in 1932 and didn’t win it back until General Eisenhower’s triumph in
1952. It suffered a crushing defeat in 1964 when President Johnson was elected
President as the Democrat's candidate. The Republican Party had been in presidency
since 1980. In 1988, its nominee George Bush was elected President succeeding
President Reagan. It lost the office in 1992 and again in 1996 to Bill Clinton, a candidate
of Democratic Party, as President of United States. Again the party was in power, when
junior Bush was elected the President of United States in 2000 and 2004 elections and
President Obama in 2008 and 2012 elections. Now days it is the rule of Donald trump
who belongs to Republican Party.
Features of Party System:

Following are the main features of American party system:
1) Two-Party System:
The United States has a stable two-party system since the emergence of the American
federation. Each presidential election has witnessed a clash between the candidates of
Republican Party and the Democratic Party. These parties are well organized and are
capable to win the election. The political power has been remained either in Republic or
Democratic Party. Some minor parties also emerged but couldn’t put any impact upon
American voters. None of them could enter in White House by securing victory in
national elections, through out the American history.
2) No Different Ideological Basis:

Both parties; Republican and Democratic have no different ideological basis but adjust
their policies to current circumstances. They can’t be classified as “Right or Left” and
“Conservative or Progressive”. They both are conservative and progressive having no
fundamental doctrinal differences. The programs and policies of both are identical. Both
are ardent supporters of capitalism. Even in foreign affairs, they don’t differ much,
because both are anti-communism and socialism. This entire means that American
political parties are not divided on ideological basis and doctrines.
Lord Bryce remarks that
“The Democratic and the Republican parties are like the two bottles each bearing a label,
which denotes the kind liquor it contains, but are both empty."
Dr. Finer is right when he says that
“In America, there is only one party. Republican cum Democratic Party-divided into two
nearly equal halves by habit, to contest office, the Republican being one half and
Democrats the other half of the party”.
159
3) Not Identical:
In spite of the close resemblance between both the parties as both have within their
fold the “extremists and moderates”, “conservative and liberals”, “wage earners and
manufactures”, “Northerners and Southerners”, and “black as well as whites” yet they
aren’t identical. Political leaders and parties make policy statements that differ from
each other in general. Republican are usually to be said morally conservative and stands
for decentralization, State’s rights, interest of farmers, and no-state interference in the
economic life of nation; while the Democrats emphasizes upon a strong federal
government pro-labor policies, ideals of welfare state and no-discrimination against the
Negroes. With regard to foreign policy Republicans stand for isolation while Democrats
stand for internationalism. Thus both the parties are not identical in many aspects.
4) Decentralized Parties:
The main job of political parties in America is to choose candidates to campaign for their
nominees and stimulate the public interest in governmental affairs. The National
Committees exercise very little disciplinary control over their members. Since both the
parties are formed of people with varying attitudes and interests yet party discipline is
not rigid and is decentralized.
5) Regionalism:
Both the parties of America believe in regionalism and are dominated by local bosses.
The local leaders determine who will get the party tickets in the elections. They finance
the party machine in their state or area. There is very little central control upon local
units of these parties, and all local party units are being controlled by regional bosses or
leaders. There are states which are completely under the influence of either Republican
Party or Democratic Party. They are further distinguished by economic interests that
dominate them. The industrial and commercial sections are with Republican, while the
farmers and planters always support the Democrats.
6) Spoil System:
Both the parties of United States believe in Spoil system. When a new party comes to
power, it generally dismisses all the employees appointed by the previous regime and
replaces them by its own recommenders and workers. The Spoil System is supported by
the argument that it prevented the services from degenerating into a permanent
bureaucracy and it enabled the party in power to have such person in offices as were in
sympathy with its policies and programs.
Conclusion:
It is concluded from the above discussion that being a presidential system in America
the political parties greatly influence its politics. There are two influential parties in
America which have no ideological difference and are decentralized.

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British (UK)

‫الفاظ کے پیچوں میں الجھتے نہیں دانا‬

Sources of British Constitution

Features of British Constitution:

Sources of British Constitution:

Laws of the Constitution:

5) Commentaries of Eminent Jurists:

7) Statutory Rules made by Authorities:

III) Parliament must meet at least once a year.

VII) Peers are appointed on the advice of the Prime Minister.

VIII) All Money Bills must originate in the House of Commons.

Conventions of British Constitution

According to J.S Mill:

“The British constitution is a child of accident and design”

Aims and Objectives of Conventions:

I) To ensure the supremacy of the House of Commons.

III) Parliament must meet at least once a year.

VII) Peers are appointed on the advice of the Prime Minister.

VIII) All Money Bills must originate in the House of Commons.

4) Regarding Political Parties:

Sanctions behind the Conventions:

2) Respect for Convention:

Salient Features of British Constitution

Salient Features of the British Constitution:

1) Continuous and Evolutionary:

2) Partly Written and Partly Unwritten:

British constitution is embodied in various constitutional laws, statutes, judicial

6) Parliamentary System of Government:

10) Rule of Law:

11) Independence of Judiciary:

12) Gap between Theory and Practice:

13) Mixed Constitution:

14) Judge-made Constitution:

15) Role of Convention:

Powers and Functions of Monarch

Powers and Functions of Monarch:

II) Appointment of Officials:

III) Selection of Prime Minister:

IV) Conduction of Foreign Relations:

IV) Conduction of Treaties and Declaration:

The Queen possesses following legislative powers:

II) Role in Parliament:

III) Validation of Laws:

IV) Delegated Legislation:

6) Fountain of Honor and Dignity:

Reasons of Survival of Monarchy

Powers and Functions of Monarch:

Reasons of Survival of Monarchy:

2) Lack of Republican Sentiments:

In the words of Peel

4) Necessary in Cabinet Government:

7) Role in Commonwealth Nations:

8) Mediator of British Politics:

10) Head of Social Life:

11) Inexpensive Institution:

12) Role in Foreign Affairs:

13) Sense of Stability:

Features of British Cabinet

Current Status of Cabinet: