Comparison of Indian Constitutional Scheme with Other Countries for GS 2
PROLOGUE
1. United States of America
1. President of USA
2. Vice President
3. Congress
(a) House of Representatives
(b) Senate
1.4 Supreme Court of USA
1.5 Comparison b/w INDIA-USAs Political Systems.
1. United Kingdom
2.1 Monarchy of UK
2.2 Her Majesty's Government
(a) Prime Minister
2.3 British Parliament
(a) House of Commons
(b) House of Lords
2.4 Supreme Court of UK
2.5 Comparison b/w INDIA-UKs Political Systems.
1. France
3.1 President of the France
3.2 Prime Minister
3. Parliament of France
1. National Assembly
2. Senate
3. Judiciary of France
3. Comparison b/w INDIA-FRANCEs Political Systems.
1. Germany
4.1 President of Germany
4.2 Federal Chancellor
4.3 The Bundestag
4.4 The Bundesrat
4.5 Judiciary of Germany
4.6 Comparison b/w INDIA-GERMANYs Political Systems
1. Switzerland
5.1 The Federal Council
5.2 President of the Confederation
5.3 Federal Assembly
(a) National Council
(b) Council of States
5.4 The Federal Supreme Court
5.5 Comparison b/w INDIA-SWITZERLANDs Political Systems
1. China
6.1 President of China
6.2 Vice- President
6.3 State Council
6.4 Premier
6.5 The National People's Congress
(a) NPC Standing Committee
6.6 Supreme People's Court
6.7 Comparison b/w INDIA-CHINAs Political Systems
{NOTE:
* The best way of reading would be by keeping parallels in mind e.g. when reading US president keep in mind his Indian counterpart or when reading German Chancellor keep in mind Indian PM.
* Wherever comparisons are used e.g. Senate>Rajya Sabha, it doesnt means that Senate can overpower Rajya Sabha, it means that the powers of Senate in US are greater than that are enjoyed by Rajya Sabha in India.
United States of America
American constitution is the oldest among existing written constitutions of the world. It was drafted by the constitutional convention, the Philadelphia Convention (1787).
It is federal presidential democratic republic.
[But what is federal system of government?
In a truly federal state, power is divided b/w federal govt (at the centre) and its constituent units as specified in constitution.
But the most imp feature of federal state is that sovereignty is divided b/w the centre and the states. There is not one but many centre of sovereignty in a federal country.
Other important attributes are-dual citizenship; supremacy of constitution; Supreme Authority for interpreting constitution and deciding conflicts b/w centre and states.]
Provision of Checks and Balance
The principle of checks and balances was applied to provide against a water-tight compartmentalisation and to ensure no despotism.
* Thus law making power of congress is checked by presidents veto and Supreme Courts power of interpreting laws and declaring them ultra vires if they contradict the provisions of the constitution.
* President is checked by the fact that he cannot spend money without the approval of Senate; that he can be impeached by the congress; that he cant make appointments without the approval of senate and treaties negotiated by him cannot become effective until they are ratified by senate.
* The Judiciary is checked by the fact that Congress can determine the no. of judges and fix their salaries; that President and Senate together appoint judges and Congress can impeach judges.
* PRESIDENT
President of USA is head of the state and head of the government. He is commander-in-chief of armed forces, head of national economic programme and spokesman for all Americans.
1. He is the Chief Executive, the official charged with supervising the activities of all Americans in the national administration.
2. He has been commanded by law to prepare the govts annual budget, to set rules for civil service and to encourage efficient administrative practices.
3. With the advice and consent of senate, President appoints ambassadors, other public officials and counsels, judges of Supreme Court.
4. He is also director of American foreign policy; however, treaties and diplomatic appointments must be confirmed by Senate.
5. He is closely associated with work of congress. The constitution requires him to recommend to congress such measures as he judges necessary and expedient and grants him qualified power of veto.
[Qualified power of veto whenever he thinks that the bill passed by congress is unwise or unconstitutional, he may return the bill without his signature or retain it unsigned= pocket veto the bill cannot become law of the land.
But if both chambers of the Congress pass the bill by 2/3 majority then it becomes law without the President's signature.]
ELECTION The President of US is elected from an indirect election i.e. not by voters directly but by an electoral college whose electors are chosen by the voters of the state.
In other words, voters in each state select a slate of electors from a list of several slates designated by different political parties and those electors promise in advance to vote for presidential candidates of those political parties.
VICE-PRESIDENT
The Vice President is the second-highest executive official in rank of the government. The Vice President becomes President upon the death, resignation, or removal of the President. Under the Constitution, the Vice President is ex-officio President of the Senate. By virtue of this role, he or she is the head of the Senate. In that capacity, the Vice President is allowed to vote in the Senate, but only when necessary to break a tie vote. Due to the 12th Amendment, the Vice President presides over the joint session of Congress.
1. CONGRESS
It has two chambers
1. House of Representative
2. Senate
POWERS OF CONGRESS These include
* the powers to levy and collect taxes;
* to coin money and regulate its value;
* provide for punishment for counterfeiting and felony;
* establish post offices and roads;
* create federal courts inferior to the Supreme Court;
* declare war, raise and support armies, provide and maintain a navy, make rules for the regulation of land and naval forces, provide for, arm and discipline the militia;
* Make laws necessary to properly execute these powers.
The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people
IMPEACHMENT OF FEDERAL OFFICERSCongress has the power to impeach the President, federal judges, and other federal officers from office.
Both houses have separate roles in this process. The House of representative must first vote to impeach the official. Then, a trial is held in the Senate to decide whether the official should be removed from office which acts like a court. When an Impeachment process involves a U.S. President, the Chief Justice of the United States is required to preside during the Senate trial. In all other trials, the Vice President would preside in his capacity as President of the Senate.
CONGRESSIONAL OVERSIGHTthis is near similar to the work done by standing and business committees in India except Congress is more powerful and does wide variety of functions. Congressional oversight is intended to prevent waste of resources and fraud, to protect civil liberties and individual rights and ensure executive compliance with the law. It applies to cabinet departments, executive agencies, regulatory commissions and the presidency.
* HOUSE OF REPRESENTATIVES It is the lower house of the Congress. The House consists of 435 members, each of whom represents a congressional district. The number of representatives each state has in the House is based on each state's population, unlike senate; here proportional representation has been followed.
ELECTION the qualifications for being elected as the member
An individual must be at least 25 years of age, and must have been a U.S. citizen for at least 7 years standing. Each representative is elected for period of 2 years.
In addition to the 435 voting members, there are 6 non-voting members, consisting of 5 delegates and one resident commissioner. There is one delegate each from the District of Columbia, Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands, and the resident commissioner from Puerto Rico.
SPECIAL POWERS All legislative bills for raising revenue must originate in the House of Representatives.
B. SENATE It is the upper house of American Congress. Though unlike upper houses of other countries, Senate is co-ordinate and co-equal with House of Representatives and , in addition, vested with imp special powers.
ELECTION The Constitution empowers the Senate to be the judge of the elections, returns and qualification of its members. Senate has 100 members from 50 states (50*2) with 1/3 of members retiring every 2 years. Until the 17th amendment to US constitution in 1913, senators were elected by state legislatures and not by electorate of the states. Each senator is elected for 6 years.
The qualifications for being a senator an individual should be at least 30 years of age, must be a citizen of USA of 9 years standing and must be the inhabitant of the state from which he is elected.
The Senate can by majority vote refuse to allow a duly elected member from taking his seat.
SPECIAL POWERS the Senate must give "advice and consent" to many important Presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries
* SUPREME COURT
Supreme Court of US enjoys immense prestige and the people of America take pride in calling it the most august tribunal on earth. Its position as the final interpreter of the constitution has come to be universally accepted and through the exercise of this power, the SC acts as an umpire of constitutional conflicts and as the protector of the
FINAL INTERPRETER OF THE CONSTITUTION SC has assumed the position of final interpreter of constitution and it is on the basis of this position that the SC has built up the Doctrine of Judicial Supremacy. This position of SC has never been successfully challenged.
JUDICIAL REVIEW The practice of judicial review --- is the most important function and distinctive attribute of the SC. Judicial Review is the right of SC and also of subordinate federal courts to examine the laws passed by the federal & state legislatures with a view to determining whether or not they are in consonance with constitution of US. If SC feels that a law under examination contravenes any provision, it declares the law ultra vires and unconstitutional.
Judicial Review, it should be remembered, does not only apply to federal & state statutes. It has a wider scope and covers the constitution of states, treaties made by federal govt and executive orders issued by federal & state executive authorities.
The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts but Congress retains the power to re-organize and even abolish federal courts lower than the SC under the act.
COMPARISION B/W INDIA-USAs POLITICAL SYSTEMS.
FEATURESINDIAUSAINFERENCES(if any)
Type of systemQuasi-federal state/Unitary State with Federal featuresFederal State
PresidentNominal HeadReal HeadWhile in Indian president is a rubber stamp of govt, US president is Chief-executive of govt.
Vice-PresidentYesYes
Prime Minister/OtherReal HeadNoPM in parliamentary democracy with majority in both houses can be more powerful (can do whatever he wants) than US president.
PolityDemocratic RepublicDemocratic Republic
Form of GovernmentParliamentary systemPresidential system
Lower HouseLok SabhaHouse of RepresentativeLok Sabha>House of Representatives, in its functions
Upper HouseRajya SabhaSenateSenate>Rajya Sabha, in its functions.
Civil & Political RightsYes, through PART III of Indian ConstitutionYes, through Constitutional provisions and Civil Rights Act.
JudiciarySupreme Court is independent of Executive interference. Judicial Review is exercised by Supreme Court & High CourtThe Supreme Court of US is independent of Executive interference. Judicial Supremacy is followed.SC of India subordinates all High Courts but SC of US exercise lesser control over State Supreme Courts. SSC are the final authority on the interpretation of the applicable state's laws and state's Constitution (dual sovereignty).
Constituent StatesIndian states are semi-autonomous with ability to make independent laws with regard to state list and concurrent list BUT to limit all this Union govt has Governors, Art.249, 250 & 356.In US, Each state has its own written constitution, and code of laws. The 10th Amendment to the US Constitution prohibits the federal government from exercising any power not delegated to it by the States in the Constitution (fully autonomous).
Civil ServicePolitically neutral officiallyPolitically neutral institution
Party SystemsMulti-Party SystemThough not provided in the Constitution, in practice Two-Party System prevails, with some other parties with relatively minor representation.
UNITED KINGDOM OF GREAT BRITAIN & NORTHERN IRELAND
UK has a Constitutional Monarchy and unitary democracy. It has no Written Constitution. Its government is known as Her Majestys Government. It functions through Unwritten Constitution which is sum total of Historical Written Laws, Court Judgements, parliamentary constitutional conventions and Treaties.
Under the unwritten British constitution, executive authority lies with the monarch, although this authority is exercised only by, or on the advice of, the Prime Minister and the Cabinet.
In UK, Parliament is Supreme law making body and Courts dont exercise Judicial Review over laws passed by the Parliament hence Parliamentary Supremacy.
One consequence of the principle of parliamentary sovereignty is that there is no hierarchy among Acts of Parliament: all parliamentary legislation is, in principle, of equal validity and effectiveness unlike India, where Constitutional law > non-Constitutional law.
* RULE OF LAW The protector of peoples liberties in UK is Rule of Law. As a basic principle of British Constitutional System, the rule of law means that the exercise of powers of govt shall be conditioned by law and that the subject shall not be exposed to arbitrary will of his rule.
That is to say, no man can be punished or made suffer in body or goods (imprisoned or fined) except if it is established in the ordinary legal manner and before the court of law that he is guilty of a breach of law.
* EQUALITY BEFORE LAW It implies that no one is above the law. With the sole exception of Monarch who can do no wrong, everyone in UK, whether the PM or Constable is under same responsibility for every act done without legal justification. This rule is subject to certain exceptions.
* UNITARY STATE The UK includes 4 countries: England, Wales, Scotland and Northern Ireland but it is a unitary state and though Scotland, Wales and Northern Ireland have legislatures and executives, the authority of all these bodies are dependent on Acts of Parliament and that they can be abolished at the will of the Parliament of the United Kingdom. England and Wales share the same legal system, while Scotland and Northern Ireland both has its own distinct legal system.
[But what is unitary state?
In unitary state, the ultimate authority and control over all affairs of the govt and administration rests with the central govt, which may create such provinces & sub-divisions for the sake of administrative convenience and confer upon them such powers as it deems fit.]
* MONARCHY OF THE UNITED KINGDOM
The British Sovereign has no effective or real powers. She has that glory that belongs to a hereditary monarch. She wears the crown on great official occasions. But there is no power behind her glory and dignity. She reigns but does not rule.
In all her official functions, she acts on the advice of council of ministers; which means after all, that she has to do what they tell her to do. She may exercise her right to be informed, to encourage and warn. This is known as Royal Prerogative. The Sovereign advices and minister decides. No British Sovereign since Queen Victoria (1892) has made a serious effort to take a direct hand in administration. The Sovereign's role as a constitutional monarch is largely limited to non-partisan functions, such as granting honours, performance of opening ceremonies and holding receptions emissaries.
POWERS She exercises 2 types of powers.
* INTERNAL These include power to-
* dismiss and appoint a Prime Minister & other ministers;
* summon and prorogue Parliament;
* grant or refuse Royal Assent to bills (making them valid and law);
* appoint members to the Queen's Council;
* command the Armed Forces of the United Kingdom;
* grant Prerogative of mercy;
* create corporations via Royal Charter;
* Appoint bishops and archbishops of the Church of England.
* EXTERNAL These include power to-
* ratify and make treaties;
* declare War and Peace;
* deploy the Armed Forces overseas;
As in the case of Indian President, British Sovereign exercises all of this power with the advice of council of ministers
.
* GOVERNMENT of the UK
Her Majesty's Government is the central government of the UK.
As in India, the Government is led by the Prime Minister, who selects all the other Ministers of the Cabinet.
In accordance with constitutional convention, all ministers within the government are either Members of Parliament or peers in the House of Lords. The executive authority lies with the monarch, although this authority is exercised only by, or on the advice of, the PM and the Cabinet. The Government is required by convention to maintain the confidence of the House of Commons.
PRIME MINISTER OF UK
PM is appointed by the Monarch. The most important power still personally exercised by the Monarch is the choice of whom to appoint Prime Minister, this is done, in the case of hung Parliament, after negotiations and usually leader of party with most no. of seats in House of Commons is chosen.
PM is the de facto leader of Her Majesty's Government, and exercises executive functions that are nominally vested in the sovereign.
* PARLIAMENT OF UK OF GREAT BRITAIN & NORTHERN IRELAND
British Parliament is the supreme legislative body in the UK. It has been called the mother of parliaments, its democratic institutions having set the standards for many democracies throughout the world including India.
In theory, supreme legislative power is vested in the Queen-in-Parliament but in practice, real power is vested in the House of Commons since the House of Lords is subordinate to Commons. Royal Assent of the Monarch is required for all Bills to become law.
[As in India, Parliament= President + Lok Sabha + Rajya Sabha.
British Parliament = the Monarch+ the House of Lords + the House of Commons.]
Dissolution of parliament the Fixed-term Parliaments Act 2011, removed the Royal Prerogative to dissolve Parliament. Now Dissolution of parliament occurs only when British PM loses vote of confidence or 2/3 of the members of the House of Commons vote to hold an early election.
After each Parliament dissolves, the Crown issues writs to hold a general election and elect new members of the House of Commons but membership of the House of Lords does not change due to dissolution.
It has two chambers
* House of Commons
* House of Lords
FUNCTIONS OF BRITISH PARLIAMENT
Laws are made by the UK Parliament. A bill can be introduced by any member of either House, but usually a bill is introduced by a Minister of the Crown. The House of Lords neither initiate nor debate financial bill.
A bill introduced by a Minister is known as a "Government Bill"; and one that is introduced by another member is called a "Private Member's Bill".
Parliamentary procedure of passing bills is about similar to India except the institution of Speaker of House of Commons.
* HOUSE OF COMMONSThe British House of Commons is the oldest popular legislative body in the world. The House consists of 650 MPs each of whom represents a parliamentary constituency.
ELECTIONS- The qualifications for being elected as the member
SPECIAL POWERS The House of Commons is legally omnipotent chamber. Financial bills can only be initiated, debated and passed in Commons.
All legislation must be passed by the House of Commons to become law and it controls taxation and the supply of money to the government. Government ministers (including the PM) must regularly answer questions in the House of Commons.
SPEAKER The House of Commons transacts its business with the Speaker on the chair. The Speaker, presiding officer of the house, holds one of the most honourable, dignified and onerous offices in the world. She/he is elected by the House of Commons.
Unlike India, upon his election to the chair, he cuts his party affiliations and becomes embodiment of impartiality. He controls the debate and maintains order in the house. He is the guardian of the rights and liberties of the House of Commons.
He is nominated by the govt of the day but while in office, they act with strict impartiality.
* HOUSE OF LORDS The House of Lords is the chamber that is subordinate to the House of Commons. The Lords currently has around 830 Members. Historically Lords performed judicial functions as highest court of the land but the Constitutional Reform Act 2005 abolished of the judicial functions of the House of Lords with the creation of the new Supreme Court of the United Kingdom in October 2009.
ELECTIONS The house consists of two very different types of member, the Lords Temporal and Lords Spiritual.
Lords Temporal these includes 2 types -
* appointed members (life peers with no hereditary right for their descendants to sit in the house as oppose to hereditary peers,) appointed by Crown on aid and advice of cabinet, their number is variable and
* 92 remaining hereditary peers, elected from among, and by, the holders of titles which previously gave a seat in the House of Lords.
Lords Spiritual these represents the established Church of England and are 26 in number: the Five Ancient Sees (Canterbury, York, London, Winchester and Durham), and the 21 next-most senior bishops.
POWERS All bills except money bills are debated and voted upon in House of Lords. The House of Lords acts to review legislation passed by the House of Commons, with the power to propose amendments, and can exercise a temporary veto. This allows it to delay legislation if it does not approve it for 12 months (by voting against a bill, the House of Lords can only delay it for a maximum of two parliamentary sessions over a year).
After this time, the House of Commons can force the Bill through, without the Lords' consent under the Parliament Acts. Usually governments accept changes in legislation in order to avoid the time delay.
The House of Lords cannot veto major manifesto promises (Salisbury convention). However the Lords still retain a full veto in acts which would extend the life of Parliament beyond the 5 year term limit.
* JUDICIARY OF UK
The judiciary of UK is not unified. Each of the separate legal systems in England and Wales, Scotland and Northern Ireland has their own judiciary. However, the judges of the Supreme Court of the UK do have a jurisdiction over whole of the United Kingdom.
SC is headed by the President and Deputy President of the Supreme Court and is composed of a further 10 Justices of the Supreme Court.
Unlike other functional democracies, SC of UK doesnt exercise judicial review over the law passed by parliament.
COMPARISION B/W INDIA-UKs POLITICAL SYSTEMS.
FEATURESINDIAUKINFERENCES(if any)
Type of systemQuasi-federal state/Unitary State with Federal featuresUnitary State with Constitutional Monarchy
President/MonarchNominal HeadNominal Head
Vice-PresidentYesNo
Prime Minister/OtherReal HeadReal Head
PolityDemocratic RepublicDemocratic Monarchy
GovernmentParliamentary systemParliamentary systemSpeaker of House of Commons is much more powerful and efficient in maintaining order in the house than Lok Sabha Speaker.
Lower HouseLok SabhaHouse of CommonsUK being a unitary state, House of Commons > Lok Sabha, in its functions.
Upper HouseRajya SabhaHouse of LordsRajya Sabha = House of Lords, regarding financial bills in some respects but Rajya Sabha > House of Lords regarding non-money bills.
Civil & Political RightsYes, through PART III of Indian ConstitutionYes, through Rule of Law
JudiciarySupreme Court is independent of Executive interference. Judicial Review is exercised by Supreme Court & High Court SC of UK doesnt exercise judicial review over the law passed by parliamentSC of India > SC of UK, in its functions.
Constituent StatesIndian states are semi-autonomous with ability to make independent laws with regard to state list and concurrent list BUT to limit all this Union govt has Governors, Art.249, 250 & 356.In UK, devolution of powers has taken place, but Legislation creating devolved parliaments or assemblies can be repealed or amended by central government in the same way as any ordinary statute.
Civil ServicePolitically neutral officiallya permanent politically neutral organisation
Party SystemsMulti-Party SystemTwo-Party System
REPUBLIC OF FRANCE
Fifth Republic of France is a democratic republic, in which the President of France is head of state and the Prime Minister of France is the head of government. The judiciary is independent of the executive and the legislature.
* PRESIDENT OF REPUBLIC OF FRANCE
The President of the France is the head of state. He is also supreme commander-in-chief of the French Armed Forces and the ex officio Co-Prince of Andorra. He is the guarantor of national independence, territorial integrity and observance of treaties.
He enjoys wide range of power. He has the power to choose the Prime Minister. However, since the National Assembly has the sole power to dismiss the PM's government, the president has to name a prime minister who can command the support of a majority in the assembly. He cannot dismiss PM. The French President wields significant influence especially in the fields of national security and foreign policy.
OTHER POWERS The President may:
* Dissolve the French National Assembly;
* Refer treaties or certain types of laws to popular referendum, within certain conditions.
* Grant pardon to convicted criminals.
He names and dismisses the other ministers, with the agreement of the Prime minister. He presides over the Council of Ministers. He nominates certain members of the Constitutional Council.
All decisions of the president must be countersigned by the Prime minister and, where required, by the appropriate ministers.
ELECTION The President is elected directly through universal suffrage for 5 years. A president cannot serve more than two consecutive terms.
To be admitted as an official candidate, potential candidates must receive signed nominations from more than 500 elected officials (from 45,000+ elected officials). These officials must be from at least 30 departments, and no more than 50 officials should be from the same department. Each official may nominate only one candidate.
French presidential elections are conducted through two ballot system or run-off voting which ensures that the elected President always obtains a majority. If no candidate receives a majority of votes in the first round of voting, the two highest-scoring candidates arrive at a run-off and the candidate who gets more than 50% of vote is elected.
He can be impeached by the High Court-a special court convened from both houses of Parliament on the proposal of either House, if the president fails to discharge his duties in a lawful manner.
PRIME MINISTER
The Prime Minister of France is the head of government. The PM directs the actions of the government & conduct the policy of the Nation.
In practice, the PM acts on the advice of the President to whom he is a subordinate, except when there is cohabitation in which case his responsibilities are akin to those of a PM in a parliamentary system.
[COHABITATION When the majority of the Assembly dont agree with the president, this leads to cohabitation. If this happens, the president's power is diminished (only those powers which are to be exercised through PM vis-a-vis National Assembly), as much of the de facto power relies on a supportive PM and National Assembly, and is not directly attributed to the post of president. When the majority of the Assembly sides with him, the President can take a more active role and may, in effect, direct government policy. When the president and the prime minister come from opposing parties, the president is responsible for foreign policy and the prime minister for domestic policy.
When PM + President=same political party President is boss.
Otherwise, cohabitation = sharing of power b/w President and PM.]
ELECTION The Prime Minister is appointed by the President of the Republic.
He has no fixed term, remains in office while commanding the confidence of the National Assembly and the President of the Republic.
* PARLIAMENT OF FRANCE
The Parliament of France has a bicameral legislature, consists of two houses:
* National Assembly;
* Senate.
Unlike the President of India, the French President under the Constitution of 1958 is not the component part of Parliament.
The powers of both houses are about same except the National Assembly can cause a government to fall if an absolute majority of the total Assembly membership votes a censure motion.
Parliament meets for one 9 month session every year and under special circumstances, the President can call an additional session. As in India, the cabinet has a strong influence in shaping the agenda of Parliament.
LEGISLATIVE PROCEDURE Bills may be introduced in either of the houses of Parliament, except for finance bills which must be submitted and read first in National Assembly.
The legislative initiative is exercised concurrently by the government and members of Parliament but private members bill cannot increase the financial load of the state without providing for funding. All bills must undergo compulsory advisory review by the highest administrative court, the Council of State before being submitted to parliament.
If both houses dont choose to adopt the text identically, it is sent before a commission made of equal numbers of members of both houses, which tries to harmonize the text. If it doesnt manage to do so, the National Assembly can vote the text and have the final say on it; however laws related to the composition of the Senate cannot be voted in this manner.
The bill is then sent to the President for signature. At this point,
* The President of France, the speaker of either house or a delegation of 60 deputies or 60 senators can ask for the text to undergo constitutional review before being put into force; it is then sent before the Constitutional Council.
* The President can also, only once per law and with the countersigning of the Prime minister, send the law back to parliament for another review.
* Otherwise, the President must sign the law, after being countersigned by the Prime minister and the concerned ministers.
The power to dissolve Parliament belongs to the President of the republic. He can dissolve the Assembly at any time and for any reason solely at his discretion. There is only one limitation; he cannot dissolve it twice within the same year.
* NATIONAL ASSEMBLY The National Assembly has 577 members, these are known as Deputies.
ELECTION Deputies are directly elected for 5 year term through direct elections (single-member constituency through a two-round system).
[What is a two-round system?
To be elected in the first round of voting, a candidate must obtain at least 50% of the votes polled, with a turn-out of at least 25% of the registered voters. If no candidate is elected in the first round, those who poll in excess of 12.5% of the registered voters in the first-round vote are entered in the second round of voting.
In the second round, the candidate who receives the most no. of votes is elected.]
QUALIFICATIONS one must be
* at least 23 years old;
* of French citizenship, and
* Not subject to a sentence of deprivation of civil rights or to personal bankruptcy.
The leader of majority party is chosen as the PM. the National Assembly may force the resignation of the cabinet by voting a censure motion. However, party discipline +no horse trading ensure that, government completes a parliamentary term of 5 years.
* FRENCH SENATE The Senate has 348 seats. The senators elect a President from among their members.
ELECTIONS Senators are chosen by indirect election through an electoral college of about 145,000 local elected officials for 5 year term, and 1/3 of the Senators retire every three years.
QUALIFICATIONS Same as that of representatives except age must be 35 years.
* JUDICIARY OF FRANCE
Judiciary of France is independent and doesnt control by the other two branches of government. The most significant feature of the French judicial system is that it is divided into judicial and administrative streams.
JUDICIAL COURTS The judicial courts adjudicates civil & criminal cases. The judicial court stream consists of :
* Inferior courts,
* Intermediate appellate courts, and
* The French Supreme Court.
Judges have security of tenure and may not be promoted or demoted without their consent. Their careers are overseen by the Judicial Council of France.
ADMINISTRATIVE COURTS Administrative courts adjudicate on claims and suits against government offices and agencies. The administrative stream is made up of:
* Administrative courts,
* Courts of Administrative Appeal, and
* The Council of State.
The Council of State acts both as legal adviser to the govt and as the Supreme Court for administrative justice. It is the court of last resort, it hears cases against executive decisions and has the power to quash or set aside executive-issued statutory orders and regulations when they violate constitutional law, enacted law.
[Neither judicial nor administrative courts are empowered to rule on the constitutionality of acts passed by Parliament.]
CONSTITUTIONAL COUNCIL OF FRANCE Constitutional Council of France does the same work of judicial review over Constitutionality of the legislative acts as the SC of India. However, this is done in different manner altogether.
This is done by CCF
prior to their enactment, to all forms of law, but only after referral from the French President, President of the Senate, President of the National Assembly, the Prime Minister, or any of the 60 senators or 60 assembly members.
After their enactment, CCF exercise review after referral from French Supreme Court or the Council of State.
COMPARISION B/W INDIA-FRANCEs POLITICAL SYSTEMS.
FEATURESINDIAFRANCEINFERENCES(if any)
Type of systemQuasi-federal state/Unitary State with Federal featuresUnitary Republic
PresidentNominal HeadReal Head unless Cohabitation.While in India pres. is a rubber stamp of govt, French pres. is effective head of govt.
Vice-PresidentYesNo
Prime MinisterReal HeadNominal Head unless Cohabitation.Indian PM>French PM, in its functions.
PolityDemocratic RepublicDemocratic Republic
ElectionsParliamentary systemSemi-Presidential system
Lower HouseLok SabhaNational Assembly
Upper HouseRajya SabhaFrench Senate
Civil & Political RightsYes, through PART III of Indian ConstitutionYes, through the 1789 Declaration of the Rights of Man and of the Citizen
JudiciarySupreme Court is independent of Executive interference. Judicial Review is exercised by Supreme Court & High CourtDivided into 2 streams: judicial and administrative- independent of Executive and legislative interference.Judicial Review is exercised by Constitutional Council of France.
Constituent StatesIndian states are semi-autonomous with ability to make independent laws with regard to state list and concurrent list BUT to limit all this Union govt has Governors, Art.249, 250 & 356.Administrative Units are semi-autonomous
Civil ServicePolitically neutral officiallyFrench civil service are open to citizens of the European Union except police and justice. Politically and religiously neutral.
Party SystemsMulti-Party SystemMulti-Party System
FEDERAL REPUBLIC OF GERMANY
Germany is a federal parliamentary republic. The judiciary is independent of the executive and the legislature. The Constitution provides for protection of Human rights and dignity, republicanism, Democracy and Federalism. These are Basic Law of the Constitution (eternity clause) and these cannot be removed or repealed by the normal amendment process and require absolute two-thirds majority of the Bundestag along with a simple two-thirds majority of the Bundesrat.
[Absolute two-thirds majority2/3 majority of all elected members
Simple two-thirds majority 2/3 majority of all members present and voting]
The Constitution provides for referendums for delimitation of the existing federal territory.
[The process of referendum is explained in Switzerland]
Federal legislative power is divided between the Bundestag and the Bundesrat. The Bundestag is directly elected by the German people, while the Bundesrat represents the regional states (Lander). The federal legislature has powers of exclusive jurisdiction and concurrent jurisdiction with the states in areas specifically enumerated by the constitution.
* PRESIDENT OF GERMANY
The President of Germany is the head of state of Germany. As in India, the President has mainly ceremonial and supervisory duties.
(But he is not the commander-in-chief of the military. In times of peace the Minister of Defence and in times of war Federal Chancellor)
FUNCTIONS the President:
1. Proposes an individual to be the Chancellor and after that individual is subsequently elected by the Bundestag appoints his/her as Federal Chancellor, but Bundestag is free to disregard the president's proposal and elect another individual to the post, whom the president is then obliged to appoint.
2. Appoints and dismisses the remaining members of the Cabinet upon the proposal of the Chancellor.
3. Dismiss the Chancellor, but only after the Bundestag passes a Vote of No Confidence and appoints the successor requested by the Bundestag.
4. Dissolve the Bundestag
5. If the Bundestag elects an individual for the office of chancellor by a plurality of votes and not by majority, the president can, either appoint that individual as chancellor or dissolve the Bundestag and call for a new election(in case of hung parliament).
6. If Vote of Confidence is defeated in the Bundestag, and the incumbent chancellor proposes dissolution, then he may, at his discretion, dissolve the body within 21 days.
7. Appoints federal judges, federal civil servants and military officers, these appointments must be countersigned by the Chancellor or responsible Minister.
8. Must sign all federal laws as to make them come into effect but if he thinks them to be violative of constitution, he can refuse to sign them.
ELECTION the president is elected for a term of 5 years through indirect election by secret ballot (as in India), by the Federal Convention, the convention consists of all Bundestag members as well as an equal number of delegates chosen by the legislatures of the Lander (states). The delegates of each state are elected by the members of the state legislature under a form of proportional representation. The convention must be convened 30 days before the expiration of the term of office of the current president. The convention is convened and chaired by the President of the Bundestag.
The president is elected by an absolute majority of votes cast. If, after two votes, no single candidate has received this level of support, in the third and final vote the candidate endorsed by a plurality of votes cast is elected.
QUALIFICATIONS the president must be
1. A German Citizen;
2. At least 40 years of age;
3. Entitled to vote in Bundestag elections.
IMPEACHMENT The President can be impeached by the Bundestag or Bundesrat for wilfully violating German law.
Once the Bundestag impeaches the president, the Federal Constitutional Court is charged with determining if he or she is guilty of the offence. If the charge is proved, the court has authority to remove the president from office.
1. FEDERAL CHANCELLOR OF GERMANY
The Federal Chancellor is the head of government of Germany. She has the right to set the guidelines for all policy areas including foreign and domestic policy. The role is generally comparable to that of Prime Minister in other parliamentary democracies like India. The Cabinet is the chief executive body of Germany and the Federal Government includes the Chancellor and his or her cabinet ministers.
She is the leader of the party or coalition holding a majority of seats in the Bundestag (federal parliament).
The Chancellor is responsible for guiding the cabinet and deciding its policy direction. The cabinet ministers are free to carry out their duties independently within the boundaries set by the Chancellor's political directives.
SELECTION The Chancellor is elected by the Bundestag after being proposed by the President. If elected, the Chancellor is appointed by the President for 4 years. The ministers are appointed and dismissed by the President upon proposal of the Chancellor.
DISMISSAL the Chancellor can be removed by constructive vote of no confidence, i.e. Unlike India where only vote of no confidence has to be passed, the Bundestag, while passing vote of no confidence must simultaneously agree on a successor.
1. BUNDESTAG
Constitutionally, the Bundestag is the main body of Germany's Parliament, which is not a bicameral parliament. In practice, the country is governed by a bicameral legislature i.e. Bundestag + Bundesrat.
Like other parliamentary democracies, the Bundestag elects the Chancellor and exercises oversight on govt on issues of both policy and routine administration. This can be done through binding legislation, public debates on government policy, investigations, and questioning of the chancellor or cabinet officials.
Like India, most of the legislative work in the Bundestag is the product of standing committees. The meetings of Bundestag are chaired by President of the Bundestag.
ELECTION The Members of Bundestag are elected for a term of 4 years and currently consists of 630 members which are to be chosen through Mixed Member Proportional (MMP) electoral system.
[But what is Mixed Member Proportional (MMP) electoral system?
MMP is an indigenous electoral system of Germany, half of the Members of the Bundestag are elected directly from 299 constituencies through first-past-the-post system, the other half are elected through the party list system in such a way as to achieve as much possible, proportional representation for the total Bundestag].
Each voter votes twice in the elections to the Bundestag. As per 17th Bundestag elections 2013, 299 were elected through direct vote (this is fixed) and 331 were elected through party list system (this is variable).
PARTY LIST SYSTEM Under party list systems, voters in an electoral constituency choose from among a group of candidates put forward by the various parties contesting an election. When the votes are tallied, each party is entitled to seat the no. of members from its list that corresponds to its share of popular vote; for example, if a given party obtains 30% of the vote, then it would send 3 out of 10 candidates to the legislature and those 3 would be chosen in order in which candidates name appears on the list]
Further, those parties which receive 5% of total national vote or win at least three directly elected seats are eligible for non-constituency seats in the Bundestag. This was done to prevent political fragmentation and strong minor parties.
QUALIFICATION all candidates must be:
1. Citizens of Federal Republic of Germany;
2. 18 years of age.
1. BUNDESRAT
The German Bundesrat is a constitutional body that represents the delegation of 16 Federal States (Lander) of Germany at the national level. Officially, it is not upper house but practically it is.
Like most of other upper houses, the Bundesrat plays second fiddle to the Bundestag; however, it does play a vital legislative role.
ELECTIONthe members of Bundesrat are not elected directly or indirectly, they are sent by respective state govts. Each delegation has a minister-president and other cabinet ministers. The state cabinet may appoint as many delegates as the state has votes. Each state is allocated at least 3 votes, and a maximum of 6. All of a state's votes are cast en bloc i.e. out of 3 member delegation, all 3 votes would be cast by minister-president for or against or in abstention of a proposal.
POWERSThe Bundesrat must approve all legislation affecting policy areas for which the Constitution grants the concurrent powers to the Lander.
The Bundesrat can exercise absolute veto against constitutional amendment, which requires an approval with majority of 2/3 of all votes in Bundesrat and against all other legislations it has a suspensive veto, which can be overridden by Bundestag by passing the law again, but this time with 50% plus one vote of all members and not just by majority of votes cast.
In case of deadlock regarding absolute veto, the Bundestag, the Bundesrat or the government can convene a joint committee to negotiate a compromise, this compromise cannot be amended and both chambers are required to hold a final vote on the compromise as it is.
President of the Bundesrat The post of the President of the Bundesrat rotates annually among the minister-presidents of each of the Lander. He convenes and chairs plenary sessions of the Bundesrat.
If the President of Germany is outside the country, or the position is lying vacant then the President of the Bundesrat temporarily assumes the powers of the President, until a successor is elected. While doing so, he does not continue to exercise the role of chair of the Bundesrat.
1. JUDICIARY OF GERMANY
Judiciary of Germany is independent and doesnt control by the other two branches of government The Constitution provides that the judicial power shall be vested in the judges and it shall be exercised by the Federal Constitutional Court, by the federal courts and by the courts of the Lander.
The judiciary is hierarchically integrated.
[The German judicial system includes 5 types of courts- Ordinary courts, Administrative law courts, Tax law courts, Labour law courts and Social law courts + the Federal Constitutional Court but all of them are not of our concern].
FEDERAL COURT OF JUSTICE the Federal Court of Justice subordinates all of the ordinary courts-local, regional and appellate courts, which adjudicates on civil and criminal law
FEDERAL CONSTITUTIONAL COURT the Federal Constitutional Court is the supreme constitutional court established by the constitution.
FCC exercises the right of Judicial Review, as like SC of India, and it may declare any federal or state law unconstitutional, if it violates constitution, thus making them ineffective.
The Federal Constitutional Court decides on the constitutionality of laws and executive orders under the following circumstances:
* Individual complaint a suit brought by any individual alleging that a law or any action of government violated his or her constitutional rights. All possible solutions in the regular courts must have been exhausted beforehand.
* Referral by regular court a court can refer the question whether a statute applicable to the case before that court is constitutional.
* Abstract regulation control the federal government, a government of one of the federal states or a quarter of the Bundestag's members can bring suit against a law.
Constitutional amendments passed by the Parliament are subject to its judicial review, since they have to be compatible with eternity clause of the constitution.
COMPARISION B/W INDIA-GERMANYs POLITICAL SYSTEMS.
FEATURESINDIAGERMANYINFERENCES(if any)
Type of systemQuasi-federal state/Unitary State with Federal featuresFederal State
PresidentNominal HeadNominal HeadBoth Indian & German presidents are rubber stamp of govt.
Vice-PresidentYesNo
Prime Minister/OtherReal HeadChancellorReal head.
PolityDemocratic RepublicDemocratic Republic
ElectionsParliamentary SystemParliamentary system
Lower HouseLok SabhaBundestag
Upper HouseRajya SabhaBundesratWhile members of Rajya Sabha are elected through Single Transferable Vote System, the deputies of Bundesrat are sent by govts of the states.
Civil & Political RightsYes, through PART III of Indian ConstitutionYes, through Constitutional provisions-eternity clause
JudiciarySupreme Court is independent of Executive interference. Judicial Review is exercised by Supreme Court & High CourtCourts are independent of Executive & legislative interference. Judicial Review is exercised by the Federal Constitutional Court
Constituent StatesIndian states are semi-autonomous with ability to make independent laws with regard to state list and concurrent list BUT to limit all this Union govt has Governors, Art.249, 250 & 356.Lander are fully autonomous within their legislative & executive sphere.
Civil ServicePolitically neutral officiallyPolitically neutral institution
Party SystemsMulti-Party SystemMulti-Party System
SWITZERLAND
The Switzerland is the Federal Parliamentary Democratic Republic. It is very close to become Direct Democracy. Executive power is exercised by the government and the Federal Council of Switzerland is the head of government and the govt is not concentrated in any one person. The judiciary is independent of the executive and the legislature.
[Direct democracy is a form of democracy in which people decide policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then decide policy initiatives]
INITIATIVE AND REFERENDUM Switzerland provides for Initiative- a citizen-proposed law and Referendum- govt-proposed law.
Initiative is a means by which a petition is signed by a no. of registered voters, forcing a public vote on
* A proposed statute,
* Constitutional Amendment.
Initiative in Switzerland is available in Federal Assembly on a question of Constitutional amendment, i.e. the electorate has the right to initiate constitutional legislation, though it is used in Cantons for both legislative as well as amendment proposals.
Referendum is a practice of referring measures passed upon by the legislature for acceptance or rejection.
In Switzerland, if both houses of Federal Assembly agree on a constitutional amendment, it must be submitted to voters and becomes law, if approved by majority of qualified voters but also by a majority of cantons (Double Majority)
In the Swiss Federation the referendum is optional in respect of ordinary law, but if 100000 citizens or 8 cantons make a demand, federal laws are submitted for approval of the people.
* FEDERAL COUNCIL
The Federal Council constitutes the federal government of Switzerland and serves collectively as the Swiss head of state. The Council consists of 7 councillors and each one of them heads one of the 7 federal executive departments. The Council acts like the board of directors of a major corporation.
The Council includes members of many political parties but due to the principle of collegiality, the Councillors are not supposed to publicly criticise one another, and they are expected to publicly support all decisions of the Council, even against their own personal opinion or that of their political party.
ELECTION the Councillors are elected for a term of 4 years by both chambers of the United Federal Assembly. Each Councillor is elected individually through secret ballot by an absolute majority of votes.
Every adult Swiss citizen can become a Councillor, but in practice, only Members of Federal Assembly or sometimes, members of Cantonal governments are nominated by the political parties.
The Councillors can be re-elected for an indefinite number of terms. After being elected, they can neither be voted out of office by a motion of no confidence nor can they be impeached.
PRESIDENT OF THE CONFEDERATION
Every year, one of the 7 Councillors is elected by the Federal Assembly as President of the Confederation. The Federal Assembly also elects a Vice President. By convention, the chair of President rotates among the members in order of seniority and the previous year's Vice President becomes President.
He is not head of state or head of govt, both of these functions are administered by the Federal Council collectively. The President presides over Council meetings and carries out certain functions like those of a head of state but he is not head of state. In urgent situations where a Council decision cannot be made in time, he or she is empowered to act on behalf of the whole Council; however he has no power above and beyond the other 6 Councillors.
The decisions of the Council are formally taken by voice vote by a majority of the Councillors present at a meeting or through Consensus. The President breaks the tie.
* FEDERAL ASSEMBLY
The Federal Assembly is national legislative body of Switzerland. Swiss Constitution vests the supreme authority in the Federal Assembly. It is bicameral and composed of the National Council and the Council of States. The powers of 2 chambers of Federal Assembly are almost absolutely equal. It should be noted that the principle of separation of powers has not been made the basis of the Swiss governmental system. Federal Assembly has been entrusted with all kinds of functions which are not legislative but also executive and judicial in character.
It has been correctly observed that there are few parliaments which exercise more miscellaneous duties than Federal Assembly.
POWERS
* Legislative & Financial powers The Federal Assembly passes all federal laws and legislative ordinances, considers and passes the annual budget of Federation, approves the state accounts and authorise public loans floated by the federal govt. The Federal Assembly also votes on treaties and constitutional amendments.
* Executive powers The Federal Assembly exercises imp executive functions. Sitting together, the two chambers elect members of federal council, federal chancellor, and in case of war or threat of war, the Commander-in-Chief. The Constitution directs the Federal Assembly to take all measures necessary to ensure external safety and preservation of independence and neutrality of Switzerland.
[Switzerland is a neutral state= no ladai jhagda with neighbours +no dilchaspi in international power politics]
* Judicial powers Judges of federal Tribunal are elected by Federal Assembly; it also hears appeals against the decisions of Tribunal on administrative disputes. The Federal Assembly deals with conflicts of jurisdiction b/w different federal authorities. It also exercises the judicial prerogative of granting pardon & amnesty.
The Federal Assembly exercises general supervision over the federal administration and is empowered to issue instructions to the Federal Council in the form of postulates, a sort of directive to the Council to examine a particular question.
* NATIONAL COUNCIL the National Council is the lower house of the Federal Assembly.
ELECTION The National Council has 200 seats and members are chosen for the term of 4 years by proportional representation in multi-seat constituencies.
[Multi-Seat Constituency= one Constituency and many deputies]
The deputies are chosen from each of the constituency of 26 cantons.
The no. of deputies a canton can send depends on the population of the canton but at least one deputy should be from every canton.
Each voter elects the deputies of the canton in which she/he lives and each voter has as many votes as there are deputies to elect. A voter cannot give more than two votes to the same candidate. Each citizen can vote for persons of different parties.
The no. of candidates a party can send to the National Council depends on the no. of votes party gets.
* COUNCIL OF STATES the Council of States is the upper house of Federal Assembly.
It has 46 seats which are filled from 26 cantons. The 20 cantons send 2 councillors each and 6 former half cantons send 1 councillor, for 4 year term.
ELECTION Swiss Constitution provides for democratic method and the mode of election is left to individual cantons.
* FEDERAL SUPREME COURT
The Federal Supreme Court is established under the Swiss Federal Constitution as the supreme judicial authority of Switzerland. It is the court of appeal for all decisions of the cantonal courts of last instance.
Because of an emphasis on direct democracy through referendum, the Constitution precludes the court from reviewing acts of the Federal Parliament, unless such review is specifically provided for by statute.
FEATURESINDIASWITZERLANDINFERENCES(if any)
Type of systemQuasi-federal state/Unitary State with Federal featuresFederal State
PresidentNominal HeadNominal Head
Vice-PresidentYesYes
Prime Minister/OtherReal HeadFederal Council is Real HeadAdministrative power is exercised by whole of council collectively and not by one person as in India.
PolityDemocratic RepublicDemocratic Republic
ElectionsParliamentary systemParliamentary system
Lower HouseLok SabhaNational CouncilBoth houses National Council and Council of States, have equal powers.
Upper HouseRajya SabhaCouncil of States
Civil & Political RightsYes, through PART III of Indian ConstitutionTitle 2 of the Constitution
JudiciarySupreme Court is independent of Executive interference. Judicial Review is exercised by Supreme Court & High CourtFederal Supreme Court of Switzerland is independent of Executive interference, but not empowers to judge the constitutionality of a federal law as this right is exercised by common man through referendum.
Constituent StatesIndian states are semi-autonomous with ability to make independent laws with regard to state list and concurrent list BUT to limit all this Union govt has Governors, Art.249, 250 & 356.Cantons are sovereign insofar as their sovereignty is not limited by the Federal Constitution, they exercise all rights which are not transferred to the Confederation
Civil ServicePolitically neutral officiallyPolitically neutral institution
Party SystemsMulti-Party SystemMulti-Party System
PEOPLEs REPUBLIC OF CHINA
China is the Unitary Socialist Republic and functions under Constitution of 1982.
It is a socialist state under the people's democratic dictatorship and is led by the Communist Party, the vanguard of the working class. The constitution opposes the separation of powers by executive, legislature and judiciary. National People's Congress is the highest organ of state authority power.
* PRESIDENT OF CHINA
The President of the People's Republic of China is the head of state of China. He holds a ceremonial office.
[He is not Commander-in-Chief of PLA; PLA comes under the Central Military Commission]
POWERSHe promulgates statutes adopted by the National People's Congress. He appoints the Premier of the State Council, Vice-Premiers, other State Council members and all ambassadors to foreign countries, upon the NPC's decision.
[In practice, President exercise much more power by virtue of being the General Secretary of the Communist Party who is generally responsible for establishing general policy and direction of the state which are implemented by the Premier of the People's Republic of China, the head of government]
ELECTION The President is elected by the National People's Congress which also has the power to remove the President from office by a simple majority vote. He is elected by Presidium of NPC which is headed by the general secretary of the Communist Party and in practice and the general secretary is chosen as President (So, he choose himself as president).
He is elected for term of 5 years and limited to two consecutive terms.
QUALIFICATIONS Citizens of the People's Republic of China who have the right to vote and who have reached the age of 45 are eligible for election as President.
VICE-PRESIDENT
The Vice President of the People's Republic of China assists the President in his work.
The Vice President of the People's Republic of China may exercise such functions and powers of the President and the President may entrust to him.
In the event that the office of the President of the People's Republic of China falls vacant, the Vice President of the People's Republic of China succeeds to the office of President.
He is elected by NPC for term of 5 years and limited to two consecutive terms.
Mode of election, dismissal and qualifications are same that of President.
* STATE COUNCIL
The State Council is the chief administrative authority of China.
It is composed of
the Premier; the Vice Premiers; the State Councillors; the Ministers in charge of ministries; the Ministers in charge of commissions; the Auditor General; and the Secretary General.
The State Council is responsible to the National People's Congress, or when the National People's Congress is not in session, to its Standing Committee. The State Council follows the system of premier responsibility in work while various ministries and commissions under the State Council follow the system of ministerial responsibility.
It meets once every 6 months and b/w its meetings, it is guided by a standing committee. The standing committee of State Council includes the premier, one executive vice premier, 3 vice premiers, and 5 other state councillors.
The State Council controls the Ministry for National Defense but doesnt control the People's Liberation Army (PLA), which is instead controlled by the Central Military Commission.
FUNCTIONS
* to formulate administrative measures and regulations and monitor their implementation;
* draft legislations for submission to its Standing Committee or the NPC ;
* Prepare the economic policy and the budget;
* to conduct foreign affairs and conclude treaties and agreements with foreign states;
* to decide on the imposition of martial law in parts of provinces, autonomous regions, and municipalities directly under the Central Government;
* To exercise unified leadership over the work of local organs of state administration at various levels throughout the country.
PREMIER
The Premier of the State Council is the head of the State Council of China. He oversees the various ministries, departments, commissions and statutory agencies and announcing their candidacies to the National People's Congress for Vice-Premiers and State Councillors.
ELECTION The Premier is nominated by the President and then formally approved by the National People's Congress for 5 year term. In practice, the candidate is chosen by an informal process within the Communist Party of China. He can be removed by NPC.
* NATIONAL PEOPLEs CONGRESS
The National People's Congress is the highest legislative body of China. It is the largest parliament in the world with 2,987 members. It is the unicameral parliament with no second chamber. The NPC meets for about two weeks each year and the daily power is exercised by the Standing Committee of the NPC which contains about 150 members.
ELECTION Election of deputies to the National People's Congress is conducted by the Standing Committee of the National People's Congress.
The ruling Communist Party of China maintains effective control over the composition of National People's Congress. By limiting the number of candidates in proportion to the number of seats available, the Party blocks unacceptable candidates. However, approximately 1/3 of the seats are reserved for non-Communist Party members which includes technical experts and members of the smaller allied parties.
The NPC consists of about 3,000 delegates who are elected for 5 year term by the provincial people's assemblies through indirect election.
Deputies are elected by the people's congresses of the country's 23 provinces, 5 autonomous regions and the 4 municipalities directly under the Central Government, the special administrative regions of Hong Kong and Macau and the armed forces. The size of each college of delegates is related to the number of electors in the constituency (proportional system)
QUALIFICATION all citizens of China who have reached the age of 18 have the right to stand for election.
PRESIDIUMThe Presidium of the NPC is a 178-member body of the NPC. It nominates the President and Vice President of China, the Chairman, Vice-Chairman, and Secretary-General of the Standing Committee of the NPC, the Chairman of the Central Military Commission, and the President of the Supreme People's Court for election by the NPC.
NPC STANDING COMMITTEE
The permanent organ of the National People's Congress is its Standing Committee, which is responsible to the National People's Congress. It functions as the highest body of state power.
The NPC Standing Committee is composed of the Chairman, Vice-Chairmen, the Secretary-General and other members who are elected from among the deputies at the first session of every National People's Congress. The members of the NPC Standing Committee generally include:
(a) Representatives from the Communist Party of China;
(b) Representatives from various democratic parties and patriots and democrats without party affiliation;
(c) Representatives of people's organizations;
(d) Representatives of the People's Liberation Army; and
(e) Representatives of minority ethnic groups with a population of over 1 million each.
[How Standing Committee is chosen is not specified in constitution, if dont believe me then look www.hkhrm.org.hk/english/law/const04.html ]
According to the Constitution and the Organic Law of the National People's Congress, the NPC Standing Committee exercises the following functions and powers:
1. Legislative right According to the Constitution, the National People's Congress and its Standing Committee jointly exercise the legislative right, including enacting and amending statutes, with the exception of those which should be enacted by the National People's Congress. Consequently, except for the Constitution and basic laws, The NPC Standing Committee undertakes a large amount of legislative work.
2. Right to supervise the enforcement of the ConstitutionThe Constitution gives the supervisory right also to the NPC Standing Committee in addition to the National People's Congress. As a permanent body of NPC, this ensures it can carry out regular supervision of the enforcement of the Constitution.
3. Right to supervise the work of other state organsThe NPC Standing Committee supervises the work of the State Council, Central Military Commission, Supreme People's Court; annulling those administrative decisions or orders of the State Council that contravene the Constitution or the statutes of the state.
4. Power of appointment and removalWhen the National People's Congress is not in session, the NPC Standing Committee selects the vice-chairman of the Central Military Commission (CMC controls People's Liberation Army) and members of the commission according to the nomination of the chairmen of the Central Military Commission; appoints and removes vice-presidents and judges of the Supreme People's Court (SPC), members of SPC's Judicial Committee and the president of the Military Court.
* SUPREME PEOPLEs COURT
The highest court in the judicial system is the Supreme People's Court and it is directly responsible to the NPC and its Standing Committee and therefore not free of interference.
It supervises the administration of justice by the people's courts at various levels (Basic people's courts at district level < intermediate people's courts at Prefecture-level < higher people's courts at Provincial-level < the Supreme People's Court).
COMPARISION B/W INDIA-CHINAs POLITICAL SYSTEMS.
FEATURESINDIACHINAINFERENCES(if any)
Type of systemQuasi-federal state/Unitary State with Federal features Unitary State
PresidentNominal HeadReal Head(in practice)Indian President < Chinese President
Vice-PresidentYesYes
Prime Minister/OtherReal HeadPremierIndian PM > Chinese Premier
PolityDemocratic RepublicSocialist Republic
GovernmentParliamentary systemCommunist system
Lower HouseLok SabhaNational People CongressNPC is the maai-baap in Chinese constitutional structure.
Upper HouseRajya SabhaNo
Civil & Political RightsYes, through PART III of Indian ConstitutionVery Limited, right to life and property are allowed in 1982 Constitution but not freedom of speech and association, even Press is controlled.India won.
JudiciarySupreme Court is independent of Executive interference. Judicial Review is exercised by Supreme Court & High CourtThe Supreme People's Court is under the NPC..Supreme Court of India > Supreme People's Court, in its functions.
Constituent StatesIndian states are semi-autonomous with ability to make independent laws with regard to state list and concurrent list BUT to limit all this Union govt has Governors, Art.249, 250 & 356.Except Special Administrative Regions (SARs) such as Hong Kong and Macau, no autonomy.Indian state govts are more independent than Chinese provincial govts as the latter are appointed by the central government
Civil ServicePolitically neutral officiallyPolitically controlled institution
Party SystemsMulti-Party SystemChinese constitution allows Multi-Party System but in reality Dominant One Party System exists.
SOURCES
1. Comparitive Politics Dr. S.C. Singhal
2. www.electionresources.org
3. www.iuscomp.org/gla/statutes/BWG.htm for Germany.
4. www.vescc.az/constitution/france-constitution-eng.html for France.
5. www.bk.admin.ch/dokumentation/02070/02480/04712/index.html?lang=en for Switzerland.
6. http://english.peopledaily.com.cn/constitution/constitution.html for China.
7. http://www.hkhrm.org.hk/english/law/const01.html for China.
8. Google + wiki for statistics.
PERSONAL INFO
Shrey Khanna
