Presidential form of Government
NATURE OF THE SYSTEM:
Presidential form of government , is a government in which the chief executive is not responsible to the legislature. Bagehot, " the independence of the legislative and the executive powers is the specific quality of presidential government just as fusion and combination is the principle of cabinet government". If we compare cabinet and presidential systems , we can find that they are both representative in character, but in cabinet system the executive is a part of legislature and responsibility of executive
to legislature is sine quo non . In presidential form of government the executive, i.e., PRESIDENT is constitutionally independent of legislature. They are two distinct organs more or less separated from each other. The executive is not the creature of legislature, nor is it responsible for its public acts or dependent for its seat. The head of the state exercise real power, as it derives from the constitution and as such there is no distinction between a executive and the executive.
Dr.Garner,"What has been called 'Presidential' government as contra-distinguished from cabinet or parliamentary government, 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 irresponsible to it for his or their political policies. In such a system the chief of the state is not merely the titular executive but he is real executive and actually exercises the powers which the constitution and laws confer upon him".
HIGHLIGHTS OF SYSTEM:(ALSO COMPARING WITH PARLIAMENTARY SYSTEM OF GOVERNMENT).
1) SEPARATION OF POWERS
Unlike the parliamentary system of government where executive is a part of legislature, in presidential form of government there is separation of powers. In this system the executive and legislature are separate from each other and they have equal status. But in a parliamentary government , there is no separation of powers. In this system the executive is under the legislature.
2) I n a presidential form of government , the president is the Head of the state as well as of the government.. While in a parliamentary government, the Head of the state is President, or king or, Governor-General and the Prime minister is the Head of the government. It must be noted that the position of the Head of the state in a parliamentary government is nominal . He/ she holds the power in theory. They are either wielding this position by hereditarily or through in direct election or by nomination.
3) In a presidential government, the President is elected for a fixed tenure and except impeachment for the violation of the constitution; he cannot be removed from his office before the expiry of his term. In a parliamentary government, though similar is the position of the President, yet the Prime minister can be removed only through a vote of no- confidence by the Parliament.
4) In a presidential government, the president enjoys real powers of the administration and he exercises all the powers, which are given to him under the constitution and the law. In a presidential government there is no prime minister. The secretaries help the president in the administration and they are appointed by the him on the basis of ability. It depends upon the will of the president to accept or reject their service. In a parliamentary government, though constitutionally the Head of the state has many powers, yet in practice these powers are enjoyed by his ministers. Thus in practice the president has only nominal powers and real powers lie with the prime minister or his ministers.
5) In a presidential government the president and his secretaries are not responsible to the legislature. The legislature cannot remove them through a vote of no- confidence. More over, an adjournment motion or a censure motion cannot be brought against him .The...
Please join StudyMode to read the full document