Parliamentary System

Articles 74 and 75 provide the Parliamentary system at the Union level, while Articles 163 and 164 provide the same in the States. The Parliamentary system is also known as the Cabinet government, Responsible government, or the Westminster model. In this system, the executive is responsible to the legislature for its policies and acts.

Following the British model, India opted for this system rather than the Presidential model (of the USA) because the founding fathers were familiar with it and it was seen as providing more responsibility, even if less stability.

1. Dual Executives (Nominal and Real): The President is the nominal executive (de jure), while the Prime Minister is the real executive (de facto). All executive actions of the government are taken formally in the name of the President (Art 77), but must be in accordance with the aid and advice of the Council of Ministers (Art 74).
2. Majority Party Rule: The party securing the majority of seats in the Lok Sabha forms the government. The leader of that party is appointed as the Prime Minister by the President (Art 75).
3. Collective Responsibility: This is the bedrock of the parliamentary system. Under Article 75, the Council of Ministers is collectively responsible to the Lok Sabha. If a No-Confidence Motion is passed, the entire council must resign, including those members who belong to the Rajya Sabha.
4. Double Membership: Ministers are members of both the legislature and the executive. A person must be a member of Parliament within six months of appointment; otherwise, they cease to be a minister.
5. Leadership of the Prime Minister: PM is the 'Primus Inter Pares' (first among equals) in the council, but the 'Steersman of the State' in actual practice.
6. Dissolution of the Lower House: Unlike the US system, the Lok Sabha can be dissolved by the President on the recommendation of the Prime Minister before its five-year term expires.

Despite being based on the British model, the Indian system has significant differences:

• Republican vs Monarchical: India has an elected President, emphasizing its status as a Republic. Britain has a hereditary Monarch.
• Parliamentary Sovereignty vs Constitutional Supremacy: In Britain, the Parliament is sovereign and supreme. In India, Parliament's powers are limited by a written Constitution, the federal structure, and judicial review (Basic Structure doctrine).
• Membership of the PM: In Britain, the PM must belong to the House of Commons. in India, the PM can be a member of either House (Indira Gandhi 1966, Deve Gowda 1996, and Manmohan Singh 2004/2009 were from Rajya Sabha).
• Legal Responsibility: British ministers have a system of legal responsibility where they countersign the acts of the monarch. In India, ministers have no such legal responsibility, and the courts cannot inquire into the advice given to the President (Art 74(2)).
• Shadow Cabinet: This unique British institution (where the opposition forms a 'shadow' council to prepare for future roles) is not formally present in the Indian system.

The Cabinet (mentioned explicitly in Article 352 by the 44th Amendment) is a small body consisting of senior ministers. It is the real policy-making body within the Council of Ministers.

Kitchen Cabinet is an informal, unofficial body consisting of the Prime Minister and two to four influential colleagues (it may include family or friends). It helps the PM take quick and secret decisions on important matters.