Fundamentals of Presidential Form of Government

Fundamentals of Presidential
Form of Government
Political Science I
Third Trimester
Background
• It is based on the doctrine of separation of powers.
• The chief executive (the president) is the real head of the
state; he is elected by the people whether directly or
indirectly, for a definite period and is not accountable to
the legislature though he may be removed by the process
of impeachment.
• Thus, it ‘is that system in which the executive (including
both the head of the state and his ministers) is
constitutionally independent of the legislature in respect to
the duration of his or their tenure and not responsible to it
for his or their political policies.’
Main Features
• 1. Real Authority of the President-

The leadership of the executive is in the hands of the President who is
elected by the people for a fixed period as of four years in the United
States.
The procedure of the election may be either direct or indirect and the
constitution may also specify as to the number of tenures a person may
hold (as of two terms in the US).
The president is the source of all administrative decisions.
The cabinet is not provided in the constitution. He may nominate his
ministers as his advisers who are not his colleagues but, what is
critically dubbed in the US, as his ‘palace guards’. The body of the
ministers is called the cabinet that either like the family of the President
, or a ‘brain trust’.
• The President may change the portfolios of his
ministers as per his will, or may dismiss any
one of them in case he loses the confidence of
the president.
• He formulates national policy, orders
mobilization of troops, declare state of
emergency and takes all necessary steps for
the enforcement of laws and maintenance of
order in the country.
• He governs the country like real ruler.
2. Separation of Legislature from the Executive-
The president and his ministers can not be the member
of legislature.
In case the president appoints a member of legislature
as his minister, he has to leave his legislative
membership.
it is for this reason that the president and his ministers
do not take part in the deliberations of the legislature.
The president may go to the legislature either for
delivering an important address, or he may send
‘messages’ that may be accepted by the legislature.
• Even his ministers may attend a session of the
legislature and may also take part in the
discussion, but they have no right to vote.
• The budget is prepared by the executive and
introduced in the legislature, but the senate may
effect any ‘cut’ in it.
• The bills passed by the legislature are subject to
the ‘veto’ power of the president. An
arrangement is also made to override
presidential veto by means of re-adoption of the
bill by the legislature by special majority.
3. Checks and Balances-
Lest the chief executive will act in autocratic way, a system
of checks and balance is also devised so that each organ
of government acts as a check on the other two organs.
For instance, in the United States all nominations made
and all treaties signed by the president are ratified by
the senate; the bills passed by the congress are assented
by the president; the laws of the congress and the
decrees of the executive may be struck down by the
court on the ground of violation of the constitution.
4. Process of Impeachment-
President could be removed from his post in case he is held
guilty of violating the oath of office.
The president is under an oath that he will defend and protect
the constitution of the state. In case he does otherwise, the
process of impeachment may be initiated against him to
remove him from office.
Usually the power of impeachment is given to the legislature.
For instance, in the United States, the work of impeachment
shall initiate in the US, the work of impeachment shall initiate
in the House of Representatives. The House shall present the
charge-sheet, and the president tender his explanation. The
matter shall be decided by 2/3 majority of votes in the
Senate.
Merits
1. It ensures stability of government. The president is
elected for a fixed term and it is very difficult to
remove him from his post earlier than the period of
tenure even by impeachment.
The fate of executive does not depend upon the
legislative confidence as it does in the parliamentary
form. The president does not have to strain his nerves
to remain in office.
Thus, the government can follow a consistent and
continuous policy. The administration becomes
efficient and free from corruption.
2. It may meet the condition of national crisis effectively.
The chief executive does not have to act according to the directions of
the legislature or the members of the cabinet. ‘His aye is the aye of
all’. The best example of it could be seen in the tenure of President
Roosevelt during the economic depression (1930) and the second
world war.
3.Since the government is based on the principle of separation of
powers, it is not possible for the president to assume legislative
powers .
4. Since the ministers do not have to give their attendance in the
legislature they will devote more time to fulfill their duties related
to their departments effectively.
Another benefit is that the president can choose his own cabinet
where he can appoint experts in their fields as ministers who head
the concerned department.
5. The legislature also work independently and
effectively because it is not controlled by the
executive. The members of the legislature do
not have to tow the party line.
The president can not dissolve the legislature
Demerits
1. The same issue of fixed term of the tenure of the
president can make him act like a despot because he
can not be removed from his post before he completes
his fixed term. There is no fear of no confidence
motion, to be passed by the legislature, in his mind.
2. The separation of powers also result in deadlock
between the legislature and the executive. In case if
the president belongs to one political party and the
senate has majority of members from other party, the
chances of confrontation between the two increase.
3. Even legislature may act irresponsibly because it is free
from the control of the executive. In the US different
groups manipulate things in different directions. The
result is that the working of the legislature is vitiated by
the lobbyists who fight for getting a share of ‘pork-
barrel’.
4. It is rigid system. The president can not influence the
legislature to make laws quickly so as to meet the
condition of crisis.
The legislature may, or may not, support the executive to
the necessary extent. The elections can not be
postponed in the time of national crisis because of its
nature which is fixed.
5. Extravagance in appropriations and the use of
log-rolling techniques for passing measures of
sectional interest more likely to occur in the
presidential system.
The lack of direct initiative in respect to
legislation on the part of the president and his
ministers, and the lack of direct responsibility
of the president to the representatives of the
electorate are other defects of this system.
Conclusion
• Outside the US, US-style presidential system have been generally

confined to Latin America. However, a ‘hybrid’ or semi presidential
system was established in France during Fifth Republic. In this
system there is a ‘dual-executive’ in which a separately elected
president works in conjunction with a prime minister and cabinet
drawn from and responsible to the National Assembly.
• How such a system works in practice depends on a delicate balance
between, on one hand, the personal authority and popularity of
the president and , on the other, the political complexion of the
National Assembly. Even this system may face problem if president
and prime minister are fro two different political parties. they will
be subject to ‘cohabitation’ when the president has to work with
the hostile prime minister. (president Miterrand and Chirac)

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Fundamentals of Presidential

• 1. Real Authority of the President-

• Outside the US, US-style presidential system have been generally

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