Difference between the British Parliament and the Indian parliament - Term Paper Example

Task: Difference between the British parliament and the Indian parliament Parliamentary system is an organization of government where the ministers of the executive division get their autonomous power from the legislature and are liable to that body. There are differences in the parliamentary system of the United Kingdom and India. Executive system in the United Kingdom The executive power in the united Kingdom is in control of the ruler, Queen Elizabeth II, through Her Majesty’s Government and the delegated national establishment which includes the Scottish Government, the welsh Assembly Government and the Northern Ireland Executive. The sovereign chooses a prime minister to lead her Majesty’s Government in the United Kingdom. It is guided by the firm principle that the prime minister ought to be an element of the House of Commons to enable the formation of a government with that House’s support. This entails that, the leader of the opinionated with higher House of Commons seats is preferred to be the prime minister (Manning 27). The Prime Minister selects other ministers, which forms the government and acts as supporting leaders of the different Government sections. Nearly twenty of the most superior government ministers constitute the cabinet and about 100 ministers comprise the government. According to the lawful convention, all the ministers are the components of the parliament, or peers in the House of Lords. The prime minister is the leading in the cabinet and is accountable for leading the cabinet conventions, selecting Cabinet ministers, and planning government policy (Manning 27). A permanent politically unbiased party called the civic service carries out implementation of minister’s resolutions. Its legitimate function is to support the government despite the political party in control. Contrasting other democracies, a leading civil servant continues to be in post upon a transformation of government. A head civil servant recognized as a Permanent Secretary leads the governmental administration of the department. Most of the civic staff work in executive groups, which are divided operational organizations reporting to branches of state (Manning 27). Executive system in the India The system in India covers loosely the official leader of the executive who is the president, the real executive, which is the council of ministers, and the permanent organization that is the public services. India is a democratic and a union state with a leader who is the voted president. Thus, it has the distinctive feature of being a once parliamentary polity and a state with a president. In India, the president is a recognized executive and the head of states. President can only function with the support and guidance of the Council of Ministers. In contrast with US, the real executive authority in India is vested in the Council of ministers. The Council of Ministers is answerable to the House of the People and relies on it for its maintenance on the majority support of the Lok Sabha. Therefore, after a new Lok Sabha is elected, the president invites the head of the parties who in his opinion is likely to maintain the support of above half of the members of the Lok Sabha, to form the government. Permanent services encompass the public services, supervisors, technocrats, and others forming the administration apparatus that helps the ministers in the formulation and implementation of policies. In India, the term Executive means the political administration, which is the Council Of Ministers, while administration means the lasting services or the governmental machinery (Baldwin 279). Legal system in the United Kingdom Wales, Northern Ireland, Scotland and England make the Great Britain and Northern Ireland United Kingdom. The sources of United Kingdom constitutions are the European Convention on civil rights, legislation and common law. The legislation is a law, which is made by a governing body, and the important sections of legislation are Acts of parliament. The United Kingdom parliament is in London, and it is the main legislature. It is the body, which passes the laws, which affect all the four countries. The House of Commons and the House of Lords form the UK parliament (Cousins 2). The House of Commons has 650 affiliates of Parliament, and each member represents a distinct geographic constituency, whose voters choose using a “First-past-the post” method. Each voter has one ballot, and the opponent who has the highest vote is nominated as the MP for that constituency. The House of Lords has 800 peers, and the Queen on the advice of the Prime Minister formally appoints 600 of them. The other affiliates of the House of Lords are people who have acquired noble titles like Lord or Lady, and the senior Bishops of the Church of England (Cousins 2). The Scottish Parliament, Northern Ireland and the National assembly for Wales each have the supremacy to pass laws on decentralized matters. This laws only function in the country, which they were passed. The choices of the superior appellate Courts become part of the ruling, because the lawful system of England and Wales is a common decree. The European Union law takes superiority over the UK laws since the UK is an associate of the European Union (Cousins 2). How UK law is classified First, a distinction is made between civic law, which rules the connection between people and the state, and private rules, which regulates associations between persons and private associations. Secondly, for realistic functions, the significant dissimilarity is between public law and criminal. Civil law covers such areas as contracts, employments, land law and family matters. Thirdly, the criminal law, which is a division of civic law, identifies the boundaries of tolerable behaviors. A person who breaks the criminal rule is considered as having committed an offense against the entire society (Cousins 2-10). Legal system in India The main laws in India are made up of the constitution, statues, customary law, and case law. The parliament, State Administration, and Union Territory administrations pass the status. Because India is a land of multiplicity, customs, and rules that are not against statue, to a narrow degree, also acknowledged and considered by the courts while they administer fairness in some areas. In addition, people of different religions and traditions are ruled by the different sets of individual law in connection to matters relating to family affairs (OECD 309). The exclusive feature of the India constitution is the judicial system. A single incorporated structure of courts directs the union and state laws. The Supreme Court in New Delhi is the uppermost body in the whole of judicial structure. Each group of states had a High Court Under, which there is a hierarchy of minor courts. The president assigns the chief justice and other judges. The highest Court has original and consultative authority. Its jurisdiction extends to the enforcement of essential privileges given by the Constitution and to any disagreement among countries and the Government of India. At the village level, people are encouraged to resolve their home issues with the aid of Panchayats (Thorpe & Thorpe 7). This is a set of five esteemed people of the community, whose judgment on the issue is final. Rights of Judicial and federal system in the United Kingdom and India India is a state, which treats all religion uniformly. The constitution of India is federal and provides for dual polity that is centered and state, but provides for single citizenship for whole India. India introduced the adult permission, which means that every adult who is above 18n years has the right to vote. Additionally, it established an independent judiciary and the Supreme Court acts as the protector of the constitution instead of the Privy Council. In the British parliamentary system, parliament is the highest and superior. There are no limitations on its power and the judiciary has no supremacy of lawful evaluation of the legislation (Thorpe & Thorpe 7). Conclusion India and the United states have similarities in their parliamentary system. They both have written bill based on which the central political structure have been set up, and the central government’s role. In Britain, there is no written constitution and no distinction between law making power and constitutional alteration. The Indian parliament cannot be sovereign in the British sense, because any law repugnant to the constitution will be void. Work cited Baldwin, Nicholas. Executive leadership and legislative assemblies. New York, NY. Routledge. 2006. Print. Cousin, Matthew. Architects Legal Pocket Book. New York, NY. Routledge, 2011. Print. Manning, Nick. Strategic decisionmaking in cabinet government: institutional underpinnings and obstacles, Part 294. New York, NY. World Bank Publications, 2000. Print. OECD. Credit Risk and Credit Access in Asia. Taipei. OECD Publishing, 2006. Print. Thorpe, Edgar. & Thorpe, Showick. The Pearson CSAT Manual 2011. Delhi. Pearson Education India.2011. Print. Read More