Modern Governments

(UK, USA, SWITZERLAND)

B.A - II. Semester - III

New Syllabus -2012

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BANGALORE • 560 058. Ph: 080-32473207 Mobile: 98809 59924

Prof. S. K. Kabburi was born at Gotur in Belgaum Dist. After B.A. from Arts & Science College, Sankeshwar, he took his Masters Degree from Karnataka University, Dharwad in 1973. During his student days he was participating in seminars, debates and dramas. He entered the teaching field in 1973 & worked in Samithi's College, Belgaum, GI Bagewadi College Nipani, Lingaraj College, Belgaum, SVSB College Saundatti, S. K. Arts College Hubli. From 1992-2007 he worked as Head, Department of Political Science, KLE Society's S. Nijalingappa A Grade College, Bangalore. He is the author of 63 books which have been selected by PU Board and all the Universities in Karnataka and other States. He Worked as a Co¬ordinator in KLE's IAS Coaching Centre (KAIFE). Under his guidance number of students have been selected to IAS and KAS Cadres.

VEENA PUBLICATIONS

BANGALORE ■ 560 058. Ph: 080-32473207 Mobile: 98809 59924

Rxktik

MODERN GOVERNMENTS

II- B.A. Ill - Semester

New Syllabus -2012

As per the syllabi of Bengaluru & Tumkur Universities

Prof. S.K.Kabburi

Head, Dept. of Political Science (Rtd)

KLF/s.S.Nijalingappa College.

Bangalore - 10

VEENA PUBLICATIONS

Bengaluru - 560058 Mobile: 9880959924

A Book 'Modern Governments' for III Semester BA is written by Prof, S.K.Kabburi. Former Head. Dept. of Political Science, K.L.E Society's S. Nijalingappa ;A' Grade College, Bengaluru and published by Veena Publications. Bengaluru.

New Syllabus: 2012

First Impression: 2012.

Pages: 200

Price: 100/-

Copy Right: Author.

DTP and Graphic Design: Vijay (Global Prints)

Printed at: Ganga Printers.

No part of this book shall be reproduced, translated and stored in any form without the prior written permission of the author.

Published by: Smt.Manjula. S. K. Veena Publications

#395, Vidyaniketan, 8th A Main, Freedom Fighter's Layout, Laggere Extn. Bengaluru ~ 560058 Mobile - 9880959924

3

PREFACE

It gives me an immense pleasure in presenting this book "Modern Governments" for the Students of BA-II, Ill-Semester Bengaluru and other Universities in Karnataka-India. It is my humble attempt to meet the requirements of the students.

This book is written in a simple and lucid style as per the present syllabus.

Meticulous attention is given to cover all the topics with upto-date information with examples.

I affectionately acknowledge the support of my beloved life-mate Smt. Manjula for publishing this book.

In writing this book, I do not claim complete originality. I have made use of many standard books and Journals. Therefore, I acknowledge my indebtedness to the authors of those books.

I hope and trust that this book will cater the needs of the students in general and teachers in particular.

Suggestions for the improvement of this book are earnestly solicited.

Prof. S.K. Kabburi

4

CONTENTS

British Government

British Constitution - 7-10

Salient Features of the British Constitution

Chapter - 1 British Parliament 11-26

House of Commons - Composition, Power and Functions

Speaker of the House of Commons

House of Lords - Composition, Power and Functions

Lord Chancellor

Law-making Process

Recent Challenges to British Parliament

Chapter - 2 Executive 27 - 46

Type-Parliamentary Executive

King or Queen - Powers, Functions and Position

British Prime Minister -Powers, Functions and Role

British Cabinet -Features and Functions

Debate over the Rising Powers and Role of Executive

Chapter - 3 British Judicial System 47 - 52

Composition and Jurisdiction of the Courts Judicial Review

Chapter - 4 Political Parties and Pressure Groups 53-61

Nature and Functions of Political Parties Nature and Functions of Pressure Groups

Chapter - 5 Public Opinion

Importance of Public Opinion Agencies of Public Opinion

62-65

5

The Government of the USA

Constitution 66-71

Historical Background

Salient features of the Constitution.

Chapter - 1 Congress 72 - 88

House of Representatives - Composition, Powers and

Functions,

Senate - Composition, Powers and Functions

Law Making Process,

Challenges to the congress in recent times.

Chapter - 2 ^Executive 89 -104

Presidential Type of Executive

President - Election. Cabinet, Powers and Functions

Debate over the Rising Powers and Role of the Executive.

Chapter - 3 Judicial System 105-113

Supreme Court - Composition and Jurisdiction

Judicial Review

Chapter - 4 Political Parties and Pressure Groups

Political Parties - Nature and Functions 114 -126

Pressure Groups -Nature and Functions

Chapter - 5 Public Opinion 127 -130

Importance of Public Opinion,

Agencies of Public Opinion.

6

Swiss Government

Constitution 131 - 143

Historical Background

Salient Features

Chapter -1 Swiss Parliament 144 - 158

Senate and House of Representatives

Their Composition, Power and Functions

Law-making Process

Recent Challenges to Swiss Parliament.

Chapter - 2 Swiss Executive 159 - 166

Type of Executive-Plural Executive

Swiss Federal Council and Federal Administration

Power and Functions

Federal Chancery - Functions

Debate over the Rising Powers and Role of the Executive.

Chapter - 3 Swiss Judicial System 167-172

Federal Supreme Court

Composition and Jurisdiction

Judicial Review

Chapter - 4 Political Parties and Pressure Groups

Political Parties -Nature and Functions 173-185

Pressure Groups -Nature and Functions

Chapter - 5 Public Opinion 186 - 190

Importance of Public Opinion

Agencies of Public Opinion

Questions

Model Question Paper

191 - 197 198

7

British Constitution

I - • .

British Constitution -Salient Features of British Constitution –

.Written and Unwritten Constitution-British constitution is partly written and partly unwritten. But its principles or norms are not written.

The constitution has customs, traditions, conventions and methods have come from the past.

The written norms are changing according to the changing conditions.

For example- Magna Carta Act -1215, Bill of Rights - 1689, Acts of Parliament - 1949 etc. Therefore, in the words of Iver Jennings, "The British constitution is made up of institutions and there is no written document".

2. Evolved Constitution - The British constitution is the outcome of centuries of the past. It is just like a child of wisdom and of chance.

It goes on to change according to the changing conditions of the people.

Therefore, it is continuous, historical and it grows step by step.

3. Flexible Constitution - There is no distinction between the ordinary laws and the constitutional laws. The power to amend the constitution is left with the Parliament which adopts simple method of amendment. There is no special procedure to amend the constitution.

Ordinary laws can be amended easily. Therefore, the English constitution is the most flexible constitution in the world itself.

4. Sovereignty of the Parliament - British parliament is supreme and sovereign institution. Judiciary has no power to question the ordinary or constitutional law passed by the

In addition to this there is no provision for judicial review.

Therefore, Lowell has aptly quoted about the sovereignty of the parliament in these words. "British Parliament can do any thing except making a man a woman and woman a man".

5. Unitary Government - All the powers in Britain are centralized in One Central Government at London. Though there are provincial governments but they are functioning under the guidance and direction of the Central Government.

Therefore, they are just like units of the Centre. The laws made by the parliament are applicable to the country as a whole.

There is only one government, one legislature, one executive and one judiciary.

6. Restricted Monarchy - Britain has a restricted monarchy and cabinet exercises the powers in the name of the King or Queen. King is only in name. Without the approval of the cabinet he cannot exercise powers. According to Prof. Ogg, "Philosophically the Britain has unlimited powers, but positively it is the republic having democratic features".

Britain has monarchy with democracy. King-in -Parliament and Cabinet exercise powers together.

7. Parliamentary Government - it is regarded as the most important feature of British Constitution. King is only titular or ceremonial head. The party which gets majority in the House of Commons exercise powers by forming the government.

It retains power so long as it commands majority in the Lower House. The King is nominal head and the Cabinet is real head which exercise powers under the leadership of the Prime Minister.

Cabinet is the real executive that is responsible to the Parliament.

8. Rule of Law - It is also regarded as the most important feature of the British constitution.

The government has to run the administration according to the law of the land.

It cannot rule in a dictatorial manner.

Here the law is universal in its character. All are equal before the law. No body is above the law. From King at the top to ordinary citizen the same law is applicable to one and all. No one is exception to it.

9. Principles and Practices - Principles and practices also considered as important feature of the British constitution.

Though the King is constitutionally sovereign the power is exercised by the Cabinet headed by the Prime Minister. House of Lords act as the Highest Court of Appeals in England. These judicial powers are so exercised by 21 Law Lords. The King can do no wrong is the principle which has become so important in the British political system.

10. Heriditary System - British constitution has made a provision for hereditary system. King or Queen comes to power with hereditary principle. Likewise House of Lords follow the same system. 90 percent of its members come from hereditary principle. By this we come to know that the British people give respect to hereditary system and democracy.

11. Dual Party System - Parliamentary government means party government. The party which gets majority in the House of Commons forms the government and the minority party forms an opposition. Generally speaking England has stable government and able opposition party. Conservative

Party and Labour Party are the important political parties. Importance is not given to other political parties.

12. Conventions - the people of England have given utmost

importance to the conventions. These are operating as unwritten norms and general tools.

13. Civil Liberty - Though it's not mentioned in the

constitution regarding civil liberty and rights but the

ordinary laws have given prominence to them.

Chapter -1

British Parliament

House of Commons- Composition, Power and Functions

Speaker - Functions

House of Lords - Composition, Power and Functions

Lord Chancellor -Functions

Law-making Process

Recent Challenges to the British Parliament

British Parliament -

Britain has bicameral legislature system.

It consists of two Houses, House of Commons [Lower House] and House of Lords [Upper House]

British Parliament is called 'Mother of world Parliaments'.

It means British Parliament became the model for the formation of legislatures in other countries of the world.

Britain has only one legislature which makes laws required for the entire country.

Actually, King-in-Parliament makes the laws, but Parliament is the most powerful apex institution.

The laws passed by the Parliament are final and they cannot come under the judicial review as there is no provision for Supreme Court in the country. Britain has bicameral legislative system and as such it consists of two Houses. The House of Commons is called Lower House and the House of Lords is called Upper House.

Details of both the Houses of Parliament s explained as under.

House of Commons -

House of Commons is the Lower House of British Parliament. It is considered as most powerful and important House.

Therefore, Walpol said that We do have communication with minister's parliament'. House of Commons can be dissolved by the King with the recommendation of the Prime Minister.

The term of office is for 5 years, but can be dissolved even before the completion of its term. If motion of no confidence is accepted in this House it loses majority and it leads to the fall of government.

Therefore, future of the government depends upon this House only.

Composition - House of Commons is composed of 650

members.

Their term of office is for 5 years. They are

elected from their respective constituencies by the voters

who have attained the age of 18 and above. Number of

members who are elected from various constituencies is as

follows.

England- 523

Vales - 038

Scotland - 072

North Ireland - 017

Total - 650 members.

All these members are elected from single-member

constituencies. The electoral constituencies have been

geographically classified.

It has been fixed that one member

shall represent for every 75000 voters.

Qualifications - A person to contest for the election to this

a. Must have completed the age of 18 years.

b. Minors, criminals, lunatics, aliens are disqualified.

c. Church Fathers. Peers of England, Vales and Scotland,

Princes, Government employees etc have no right to contest

for the election. Any candidate can contest from any

constituency. Election is held on secret ballot system.

There is a norm that the election expenditure of the candidates is to

be born by the election agents.

Term of Office - Term of House of Commons is for 5 years.

It can be extended during the time of emergency.

If the

members who want to resign have to get the approval from

the Chancellor of Ex-Chequer.

Election - the process of election begins only when the date

of election to the House of Commons is announced for the

selection of candidates. The candidates have to submit their

nomination papers within 8 days after the announcement of

election.

After this election takes place in a day on the

second day. 450 pound has been fixed as election

expenditure for each constituency.

Sessions - Generally session of the House of Commons is

convened in the month of October after the general election

is over. This session continues for 6 months. Proceedings of

the House takes place from Monday to Friday.

Speaker of the House takes the responsibility of conducting the

sessions.

Power and Functions of the House of Commons -

1. Legislative Functions - Law making is strictly the

business of the Parliament.

British Parliament has the power to make legislations that are applicable to the entire country.

But two restrictions have been placed on the law-making function. They are -

a. The House of Lords can withhold other Bills except

Financial Bills.

b. The Bill approved by both the Houses has to be duly

signed by the King. Though the King has the power to

withhold the Bill, but it is customary on his part not to

exercise his veto power.

2. Financial Functions - House of Commons has the power to control State's treasury. According to the Act of 1911, the Financial Bills are to be presented only in the House of Commons.

Finance Minister [Chancellor of Ex-Chequer] presents the Budget in the House of Commons.

If the Budget is rejected here the Council of Ministers must have to tender its resignation.

Without the approval of the House government has no power to collect tax, and spend money. It is understood that the House of Lords is weak because the House of Commons has the power to control the financial affairs completely.

The House of Lords can withhold the financial Bills and the Budget for one month only. Even if the Bill is no approved by the House of Lords the House of Commons can send the true copy of the Bill to the King for taking his signature.

3. Controlling Power - British House of Commons can exercise controlling power over the executive.

The Cabinet government is responsible to the House of Commons.

The government need not have the fear till it retains the confidence of the House of Commons.

But if the no- confidence motion is accepted with 2/3 majority of its members the government has to resign. The House of Commons controls the government in two ways.

a. Through the questions and discussion in the House it can

ask about the functioning of the government.

b. Discuss about the Budget by presenting motions to

criticise government policies. When the members take part

in the proceedings of the House put the questions to the

concerned ministers. The ministers have to give answers to

these questions. During the time of proceedings four days in

a week, every day one hour time is fixed as question hour.

Ventilation of Grievances - Members of the House of

Commons who represent the people in their constituencies.

Hence it is recognised as House of the people. Therefore it

ventilates the public grievances through hearing and discussions.

Likewise if the people are facing any problem

from the government officials the matter will be brought to

the notice of the government through discussion. For this

reason the House of Commons is called the mirror of

ventilating the public grievances.

5. Power to Amend the Constitution - British constitution is regarded as the most flexible constitution in the world itself. There is no distinction between the constitutional law and the ordinary law. Therefore, both the laws can be amended with simple method. Both Houses of the British Parliament enjoy the power to amend the constitution.

Speaker of the House of Commons - Speaker is elected in the first or second week of the first session after the general elections.

One among the members of the majority party in the House of Commons is selected for the office of the Speaker.

There is a convention in England that once the person is elected as Speaker can contest for the seat in the House so long as he wishes without opposition.

When he is elected as Speaker he has to give up the party and act as non-party man.

Powers and Functions - The office of the Speaker is the symbol of prestige and respect. He performs the following functions through the norms, conventions, and constitutional laws.

1. Presidency -When he presides over the House he has to carry the proceedings peacefully and impartially and maintain the prestige and respect of the House.

2. Maintaining Decorum -

a. He orders who has to speak first in the session of the House.

b. He controls the debates and allows members to speak.

If a minister has completed his speech the next chance will be

given to a prominent member of the opposition.

c. All speeches and remarks are addressed to him.

d. He may refuse motions which are improper and irregular.

e. His rulings are final and unquestionable.

f. He warns disorderly members and may suspend them. If the matter is serious, he may take the help of sergeant-at- arms or if necessary adjourn the House.

3. To decide Money Bill - Speaker has the power to decide whether the Bill is a Money Bill or not. He exercises this power through the Act of 1911.

4. Announcement of the Result - He puts questions to vote

and announces the result of voting. He does not participate in the in the debates and never casts his vote. But in case of a tie. he casts his vote.

5. To give the assent to Bills - if the Bills are passed in the House it must have his signature. Then only it becomes authentic.

Later on the Bill is sent to the House of Lords.

6. To summon Special Session - If there is no session of the House and if the situation of this kind arise he can convene special sessions.

7. Order for Bye-election - He can order for bye-election if and when vacancy arises due to the death or resignation of the member.

House of Lords -

House of Lords is the Upper House of the British Parliament.

It is world's too old institution. It has the history of about 1000 years. During the time of King Saxon It was called as Great Council.

King Edward was inviting different classes of people to attend the conference of this House which named it as 'Model Parliament'.

Later this House was consisting of Nobles, Clergy, and common groups of people. Altogether with the Clergy, Nobles it was modified as House of Nobles. Bicameral legislative system came into force during the time of III -Edward.

Composition - House of Lords has the strength of 1200 members who belongs to various classes. They are as under. 1. Princes - The Princes or qualified as Dukes means eldest son of Karnvalis Duke and the second son of Duke of York.

There are four members of this kind. These members use to take part in the proceedings of the House during special occasions.

2. Heriditary Peers - 772 peers are hereditary members.

They are permanent members, after their death the eldest

son or eldest daughter "will become the members. There are

certain qualifications to become the members of this House.

a. He or she shall have completed the age of 18 years.

b. He shall not be a popper.

c. From 1958 an opportunity is given to women as well.

3. Scotland Peers - According to the Peerage Act of 1963 16 Peers are nominated by the King.

4. Ireland Peers - Ireland has become an independent state in 1922 and hence their strength has come down. But one Peer becomes the member.

5. Law Lords - The law experts are called as Law Lords. Their strength is 21 only. According to the Act of 1876 they are nominated as life members by the King.

6. Religious Leaders - Two British persons from York and Cantarbari respectively. And 24 Bishops of Britain's Church gets the membership of the House of Lords on the basis of hereditary system. Due to death or resignation of these members the vacant seats are filled in by the next Bishops on seniority basis.

7. Life Peers - According to the Peerage Act of 1958 the King has the power to nominate retired past ministers, Speakers, and other officials as members. Their strength is 402 but hereditary system is not applicable to them. Alongside women Peers are also given the membership. 90

percent of them get the membership of the House by hereditary system.

[1080] 10 percent of them [120] are nominated by the King. Proceedings of this House are conducted in the West Minister's House. The session takes place if 30 to 50 members are present. The proceedings are carried from Monday to Thursday [4 days]. Two hours time has been fixed from 4-30 to 6-30.

Powers and Functions of the House of Lords -

Before 1949 more powers were given to the House of Lords. At that time no Bill was becoming law without the approval of two Houses. But according to the Act of 1949 the House of Lords lost the powers.

Therefore, this House has been equated to the Indian Council of States. Its powers are as under.

1. Legislative Functions - The House of Lords has the legislative functions relating to financial and other ordinary Bills.

But in financial matters very less powers are given. The reason for this is that Budget is presented only in the House of Commons. It can withhold the Financial Bills for a month. But if it does not approve the Bill after a month it becomes law with the signature of the King. Though there is a rule that ordinary Bills can be first presented in either of the Houses, nearly 90 percent of them are presented in the House of Commons only.

2. Executive Functions - House of Lords cannot directly control the government. But it has the power to discuss and question on government policy and its functions.

Some members of this House are ministers, but they have no

power to bring motion of no-confidence against the Cabinet.

Cabinet is completely responsible to the House of Commons. Thus it cannot control the executive.

3. Judicial Functions - Actually the House of Lords acts as Upper House of the British Parliament. But during the recess of the Parliament it exercises real judicial powers. 21 Law Lords under the presidentship of Lord Chancellor function as judges. It has the power to make an inquiry on civil and criminal cases. Therefore it is recognised as the Highest Court of Appeals in England.

4. Other Powers - The members of this house enjoy more liberty than the members of House of Commons. It can influence the government by discussing government's policy and programmes.

Lord Chancellor -

The presiding officer of the House of Lords is called as Lord Chancellor.

By sitting on the woolan bed Chancellor conducts the proceedings of the House. With the recommendation of the Prime Minister the King appoints one of the Cabinet ministers as Lord Chancellor.

There is rule that in the proceedings of the House the members have to start their speech by saying Lord Chancellor. He presides over the Judicial Committee and gives advisory opinion to the King on the legislative matters. Power and Functions -

1. While appointing the judges of the High Court, the King shall give due respect to Lord Chancellor.

2. He appoints the Judges of the County and peace Courts.

3. Presides over the House of Lords when it sits as Highest Court of Appeals.

4. He looks after the control and supervision of judicial system. 5. He reads out King's speech during the recess of the House.

British Law-Making Process -

Parliament of England is the sovereign law-making body.

No Bill can become a law unless it has been adopted by both Houses and then assented to by the King.

However, under the Parliament Act of 1949 it is now possible for the Bill to become law even without the consent of the House of Lords and the Royal assent is, as a matter of convention, never refused.

Thus, for all the purposes, the House of Commons has become the Parliament. Law-making process is as follows. Actually there are six stages in the passage of the Bill. They are -

1. Drafting and Presentation of the Bill - The first step in

the legislation is drafting and presentation of the Bill.

The Bills are prepared by the draftsmen who are professional experts.

The minister, who wishes to introduce the Bill, makes first rough draft, then it is scrutinised by the Cabinet.

Before finalizing the draft, the Cabinet may consult the civil

servants and local authorities.

Having secured the approval of the Cabinet, the minister concerned will present the Bill

in the House of Commons.

2. First Reading - The introduction of every Bill is

preceded by a formal notice. Member may present a Bill at

the clerk's table. The clerk reads the title of the Bill and the introduction is called first reading. Then the Bill is printed and placed in line to await its turn for the second reading.

3. Second Reading - The second reading is the most crucial stage in the life of a Bill. It gives an opportunity to the members for a debate on the Bill. Critics may move amendments of general nature. There is no detailed discussion at this stage. After the debate, vote is taken and if the Bill is passed the second reading is over.

4. Committee Stage - During the committee stage every clause of the Bill is discussed and accepted or rejected or amended with or without debate. The speaker decides to which committee the Bill is to be sent. In the presence of the President of the committee, all the members together discuss about the Bill and then it is reported to the House of Commons.

5. Report Stage - when the report comes to the House from thy committee a discussion takes place. If any amendments are suggested, they are examined. After the guillotine is over a bill is sent to the next stage.

6. Third Reading - Third reading is regarded as the most important stage in the British law-making process.

The mover of the Bill reads it third time is called third reading. After this the discussion on the Bill takes place. He makes a speech either explaining the measure or replying to the criticism. He remains in-charge of the Bill till it is passed. Later the Bill is put for voting and if it is approved by 2/3

majority of the House it is transmitted to the House of Commons.

The Bill has to go through similar stages in the House of Lords also. There are no standing committees and little use is made of the select committees.

It may be adopted in the form in which the Commons had sent it or.

with some modifications.

In case the Bill has been adopted by both the Houses, without any disagreement, it is submitted to the King for his assent. In case of disagreement between the two Houses, the changes suggested by the second House are considered by the House where the Bill was originated. This may involve series of references between the two Houses by which either an agreement is reached or disagreement persists. If disagreement continued either the Bill may be dropped or, if the House of Commons is keen for its passage, the procedure laid down by the Parliament Act of 1911, as amended in 1949. may be adopted. Thus, if a public Bill is passed twice by the House of Commons and amended or rejected by the House of Lords twice and if a period of one year has lapsed the Bill is deemed to have been passed by the House of Commons and is submitted to the royal assent.

Recent Challenges to the British Parliament -

Recognition of the British Parliament is much more and it is the centre of politics. Even then we can see its weakness. Government's defeat in the House of Commons is rare which can be analysed in two ways. a. Parliament's influence is limited and unidentified.

24

b. Parliament symbolises it clearly.

The challenges which confront the British Parliament are as

follows.

1. Context of Methodological Challenge - The legislative power and the influence in Britain are the subjects of rejection. Mr. Blondel introduced the context and methodological challenge in 1920. Parliament's influence on policy or its weakness mainly depends upon internal factors. Constitutional system and wide political culture are external factors and legislative sources and rules are internal factors. Parliament functions on the basis of institutional rules and context. The internal and external challenges are the sources of fear to the Parliament. What we come to know through the approved Bills or publication of reports that detailed study or recommendations of the committees is mere waste of time. The nature of parliamentary influence itself has become a fundamental challenge. The relation between the government and parliament depends on expected response and rules of procedure. The House of Commons has formal veto power but it can use on rare occasions.

2. Public Opinion and Pressure Groups - The real power in the House of Commons goes to back benchers. The power is exercised indirectly and not directly. Therefore, in the House of Commons, the members can speak by using more and more words. Some of these words may influence the public and some other words may reach the public through news papers, television, radio etc. Public opinion is regarded as effective means to influence the minds of parliamentarians. The Parliament and the Government work

25

under lobbying of external interest groups. It has become inevitable for the members of Parliament to depend upon the pressure groups. Therefore, public opinion and pressure groups have become a challenge to the proceedings of the parliament.

3. Legislative Process - Parliament is the place where law making process begins. The important role of the parliament is not only to approve the Bills but also to think that it is public process. The Bills may be passed but there is possibility of change in the process of law making. Most of the amendments which are suggested by the government itself is challenge to the parliament. Once upon a time British Parliament called 'Mother of world Parliaments' but today its prestige has been declining.

4. Select Committee-The most influential Select Committee of the House of Commons examines the executive decisions clearly. Departmental Select Committees influence on the proceedings of the parliament is also a challenge to it.

5. Public Accounts Committee - It is a most powerful committee in front of which even the Chief Secretary of the Government is trembled. It plays an important role in examining the financial Bills which are to be presented in the parliament.

6. Joint Committee on Human Rights - This committee play an important role in scrutinizing the subjects of the government and parliament. This committee bring pressure on the minds of ministers and members. Ivan's and Ivan's proposed a methodology in the comparative context through which the functions of the parliament can be evaluated in

26

protecting human rights. Therefore, this committee also is considered as challenge to the British parliament.

7. Committee on Delegated Legislation - The influence of

delegated legislation on the parliament is a matter of

contradiction. The parliament has delegated its power to the

executive to look after the political issues. The Bill will be

defeated if the duration of its discussion is limited.

Therefore it is also considered as challenge to the

parliament.

8. European Committees - British parliament cannot

exercise its sovereign power because the influence of

European Committee in both the Houses is very high.

Therefore, it is a clear challenge to the parliament. The

European Committee of the House of Lords examines the

legislative proposals and policy value. The European

committee of the House of Commons acts as trembling

block to the parliament through the publication of annual

report about the work performance.

i

27

Chapter - 2

British Executive -

Type - Parliamentary Executive

Monarchy -King or Queen - Power and Functions

Prime Minister- Power and Functions

Cabinet - Features and Functions

Debate over the Rising Powers and Role of the British

Executive

Parliamentary Type of Executive -

Parliamentary executive exists in the United Kingdom is its ancestral place and that has been adopted in the Commonwealth and several European Countries.

Parliamentary executive is also called a cabinet government or responsible government, it is responsible to the House of Commons and not to the people.

The cabinet or the government is immediately responsible to the Popular House - House of Commons. The Cabinet headed by the Prime Minister is the real executive and the King or Queen is the nominal executive.

The King has to exercise the powers with the recommendation of the cabinet.

The government is created by the parliament. The party which gets majority in the House of Commons forms the government. It depends upon the confidence of the Lower House. If the motion of no-confidence is accepted by the majority of its members it has to tender its resignation. Collective responsibility is the hub of parliamentary system of government.

Therefore, it is called parliamentary government. Parliamentary executive in Britain has the following features.

1. Presence of Nominal and Real Head - The first pre-requisite of this government is the presence of two heads.

First, the King or the Queen of England is nominal head, titular head, ornamental head or ceremonial head of the state.

All the executive powers are vested in him but are exercised by the cabinet. Second, Cabinet headed by the Prime Minister is the real head of the government.

King is the head of the state and Cabinet and Prime Minister is the head of the government.

2. Leadership of the Prime Minister - The Prime Minister holds the real executive authority and as such, he may be described as the real working head of the government.

He is the chief spokesman of the government, the keystone of the cabinet-arch, leader of the House of Commons, leader of his party, and the leader of the nation.

3. Political Homogeneity - The entire ministry belongs to the same party. Prime Minister enjoy clear majority in the House of Commons.

Majority party forms the government and the minority party forms an opposition. Practical experiences demonstrate that such a government cannot function smoothly unless there is political homogeneity.

4. Collective Responsibility - The most important feature of this government is the principle of collective responsibility of the ministers to the Parliament.

It means that the ministry live in office so long as retains the confidence of the House.

The Prime Minister and his ministers belong to the

Parliament. If the Prime Minister resigns it means there is no government, if all the ministers resign, still there is a government. If the Prime Minister resigns other ministers need not resign. Entire ministry is held responsible to their acts of omission and commission.

5. Effective Opposition - The existence of a sound and effective opposition is an important feature of parliamentary government in England. Opposition party always check on the activities of the government to prevent it from doing wrong things. Parliamentary democracy functions properly and effectively only with the presence of strong and stable opposition. Dual party system provides that one party forms the government and the other party forms a strong opposition. As a result of this we see that there is successful working of parliamentary type of government.

6. Dissolution of the House of Commons - The King can dissolve the House of Commons with the recommendation of the Prime Minister. If the motion of no-confidence is accepted, the Prime Minister has to tender his resignation the House will be dissolved. Britain has adopted parliamentary type of executive which is formed by the members of the Parliament.

Monarchy -King or Queen -

In Britain, monarchy is inexistence since from time immemorial.

Earlier unlimited monarchy was in practice.

But the Blood Revolution was ended with the assassination of King Charles - I in 1649.

In the Glorious Revolution of 1688 King James- II was exiled and his son-in-law William

of Orrange and his daughter Mary together came to the throne of England.

Since then, limited and constitutional monarchy is in practice.

The Parliament was made sovereign institution. Step by step power was transferred to the Crown. The administration of England is carried on with the Monarchy rather than King.

Britain started practicing Cabinet type of government from 1720.

As a result, position and powers of the King came down heavily. King is now only a titular head. He is head of the state and not head of the government.

Administration of the government is part of the Parliament and Cabinet. The words Monarchy - King or Queen have become so popular in England. At present Britain came under the rule of monarchy and not King.

Theoretically, all the powers are vested in the King but his powers are exercised by the Cabinet. The powers are exercised by the King with the recommendation of the Cabinet headed by the Prime Minister. King is the ceremonial or nominal head of the state. He exercises the powers only with the recommendation of the Cabinet.

A particular King may die but Kingship remains forever.

King is dead long live the king. Kingship comes to him on the basis of hereditary system. It means after the death of a king his eldest son comes to the throne ul' England. If he has no male issues then it goes to his eldest daughter. If he has no male or female issues, then his adopted son or daughter becomes the King or Queen.

Distinction between the King and the Crown -

1. Queen is a person and Crown is an institution.

2. King is a symbol of of an individual and Crown is the symbol of rule.

3. King is Master of an institution and Crown is used by the Master.

4. King is temporary and he is dead long live the king, if a particular king dies, another King will come to the Throne. Therefore kingship continues.

5. Monarchy is is recognized with the Crown. If the crown is used by a man he is called a King and if it is used by the woman is called as Queen.

6. King is is only in name and Kingship is the symbol of power.

7. King is a person and monarchy consists of a King -in-Parliament.

8. King exercises the power and Kingship coordinates the power.

9. The post of a King is transferred, but Kingship continues as and when a particular King dies other person come to power on the basis of heriditory system.

Powers and Functions of the King or Queen

1. Executive Powers - King of England is head of the country and all the functions are carried in the name of the King.

Following are the executive powers.

a. He appoints the Prime Minister and with his

recommendation appoints other ministers.

b. Appoints the Commanders of the three armed forces -

Army, Navy and Air force.

c. He appoints the Judges of the High Courts, Arch and

Church Bishops.

d. He removes the officials and directs the local administration.

e. Appoints ambassadors, declares war and peace. But all

these powers exercised by the Cabinet in the name of the

King.

2. Legislative Powers - King is a component of the

Parliament. [King-in-Parliament] It has been stated that the

legislative powers are with the King and Parliament.

Following are the legislative functions.

a. King's assent is essential before a Bill becomes an Act..

b. The King can withhold the Bills through the veto power.

But since 1707 no King of England has exercised this

power.

c. He has the power to summon and prorogue the Parliament

and dissolve the House of Commons. He has the power to

address the joint sitting of the Parliament. But the address is

prepared by the Cabinet which he has to read it without any change.

d. He nominates 10 percent of the members to the House of

Lords.

3. Judicial Powers - King is the fountain of justice. He

exercises the following judicial powers.

a. all decisions of the court are announced in the name of the

King.

b. He appoints the Judges with the advice of Lord

Chancellor.

c. He has the power to grant pardon, reprieve or remission of

punishment. But he can exercise these powers with advice of the Home Minister.

d. The verdicts come from the Privy Council are regarded as the decisions of the Monarchy.

4. Chief of Church - the King acts as Chief of the Church. Therefore, he appoints Arch Bishops, Bishops and Council members.

5. Conferment of Titles - the King has the power to present the titles to important persons of the country with the recommendation of the Cabinet.

Position of a King -

King and the Kingship are most popular institutions in the British political system. At present the country is ruled by monarchy and not by King or Queen.

Monarchy is the symbolic institution. After the death of a particular King the throne continues. Theoretically, all the powers are vested in the King, but the Cabinet exercises the powers in the name of the King. King is only ceremonial or nominal head of the state. King is a person where as monarchy is an institution. King is head of the state and not to the government. Observance and implementation of laws is the function of the King.

Role of a King-

King or Queen of England is nominal or titular or ornamental or ceremonial head of the state. All the powers are exercised by the Cabinet in the name of the Queen. Prof Keeth - "King is protector of pardoning".

Prof H.J. Laski - "King is the symbol of able administration through which he can influence the Cabinet".

Beghot - "King is the advisor, guide

Some writers have questioned about the role and position of

the King in these words. "What is the use of King and what

is the purpose of monarchy when he is a ceremonial head.

signing machine and having nominal powers''.

British Prime Minister -

The Prime Minister of England occupies an important place in the British parliamentary system. The convention provides that the Prime Minister shall be appointed by the Queen and other Ministers shall be appointed by the Queen on the advice of the Prime Minister.

But the Queen has to summon the leader of the majority party to form the ministry. If no single party commands a clear majority in the House of Commons, the Queen can invite the leader of any party to form the government.

The Prime Minister is the key stone of the cabinet arch. He is central to its formation, central to its life and central to its death.

He can form it, he can alter it, and he can destroy it. The life of the government depends upon the Prime Minister.

Powers and Functions -1. Formation of the Cabinet:

The Prime Minister forms the Government. He has to select his ministers and present a list to the Queen.

The Queen has to appoint the ministers recommended by the Prime Minister.

Formation of ministry means formation of the Government.

If the Prime Minister resigns, it means the resignation of whole ministry. He has to follow certain norms.

• Due representation should be given to different parts.

• Due importance to experienced, influential persons of the Party and also women.

2. Distribution of Portfolios:

Distribution of Portfolio is another important task of the Prime Minister. It is for him to determine the size of the Council of Ministers.

He may even select ministers outside the rank if he feels that a person is fit for a job.

While distributing portfolios he has to see that important members of the party get important portfolios.

It is undisputed right of the Prime Minister to shuffle and reshuffle his pack as and when he likes.

He may change the portfolios as and when he minds. It is up to him to decide.

3. Chairman of the Cabinet:

The Prime Minister is the Chairman of the Cabinet as well as Chairman of Council of Ministers and is fully responsible for all the works performed by his ministers. He is the chief spokesman of the policies and administration.

He presides over the meetings of the cabinet. He is to fix the agenda of such meetings. The ministers are individually responsible to him. He may warn, advice or encourage them in the discharge of their functions.

4. Co-ordinator:

The Prime Minister is the chief Co-ordinator of the Government's business. He supervises and co-ordinates policies of several Ministers.

He exercises general supervision and direction over all the ministers and departments and has the right to be consulted on all matters important or minor, controversial or otherwise. In case of conflicts between the departments, he acts as the mediator. He irons out quarrels among various Ministers and departments. He keeps an eye on the working of all departments.

5. Leader of House of Commons:

As member of the House of Commons the Prime Minister represents it as its leader. He can speak in the the proceedings of the House on the policy of the government and Bills.

6. Dissolution of the House:

When there is a possibility in the political ups and downs with the approval of the Cabinet, the Prime Minister can advise the Queen for the dissolution of the House. Even this can be rejected by the Queen. But so far in the last 130 years of British History no King or Queen has rejected the recommendations of the Prime Minister.

7. Bridge of Communication:

The Prime Minister of England acts as bridge between the Queen and the Cabinet. He has the power to in form the Queen about the proposals for legislation and decisions of the Cabinet.

8. Sole Advisor to the Queen:

The Prime Minister is the sole advisor to the Queen. The advice for dissolution of House of Commons rests with the Prime Minister.

The Queen is expected to accept the advice of the Prime Minister and not that of the Ministers. He is the channel of communication between the Queen and the Cabinet. He informs the Queen, all the decisions of the Cabinet.

9. Foreign Affairs:

Prime Minister has the power to control the Department of Foreign Affairs by having deep concern with it. He represents his country in the conferences and meetings held in foreign countries.

10. Control over Finance:

Prime Minister has the power to control nation's finance. The Finance Minister [Exchequer] prepares the budget according to the recommendation of the Prime Minister.

11. Presidency to Parliamentary Committees:

Prime Minister presides over some of the important Committees of the Parliament. For example - Defence Committee, Economic Committee, Foreign Affairs Committee.

Position of the Prime Minister -

The Prime Minister is the head of the Cabinet and Council of Ministers and guides all its activities. His leadership is an accepted fact. This gives the Prime Minister the right of selecting any body as his cabinet colleague or dropping any Minister from the Cabinet.Thus, the position of the British Prime Minister is more or less similar to that of the Indian Prime Minister and he may also be called the "keystone of the Cabinet arch.

He is the key-man of the Cabinet because he is central to its life and central to its death. He can shuffle and re-shuffle his pack of cards as he likes. He can compel any Minister to resign and take a new Minister in his place.

Prime Minister summons prorogues and presides over the Cabinet meetings. He shapes the general policy of administration and it is carried out by his colleagues. He also exercises a general supervision over the work of his colleagues. He coordinates their work by evolving a common policy. The Prime Minister has a very important role to play in the Cabinet. He makes compromise between quarrelling Ministers and work like an umpire. Prime Minister plays an important role in the Parliament and is regarded as the chief spokesman of the Government on matters of general policy. He makes all important announcements in the Parliament.

The post of the Prime Minister depends largely on the person who holds the post. What Britain saw the Prime Ministers so far. some were strong, able and wise and others were too weak. For instance, Gladstone, George Lyoid, Winston Churchill, John Blair etc.

Though the Prime Minister has more powers he cannot use them in a dictatorial manner. He cannot neglect his colleagues. Opposition acts like shadow cabinet and therefore the Prime Minister has to consider media and public opinion.

Role of the Prime Minister-Lord Morley - "Prime Minister is like a pivot of British administrative system"

Prof Munro - "PrimeMinister is like the captain of the

administrative ship of the state".

John Machentosh- "Prime Minister is the central point of

political power in the cabinet type of government".

Sir Iver Jennings- "Prime Minister of England is like a

shining sun and all the politicians rotate round the him like

the planets which rotate round the sun".

Sir Harcort - "British Prime Minister is like a moon among

countless stars".

Council of Ministers -

The words Council of Ministers and Cabinet have the same meaning but differences are there.

Cabinet, State and Deputy rank ministers are there in the Council of Ministers. But the Cabinet consists of only Cabinet rank ministers. All members of the Council of Ministers are not the members of the Cabinet. Council of Ministers consists of five types of ministers. They are -

1. Government Chiefs - These chiefs are first rank of ministers. Foreign Affairs Secretary. Lord Exchequer,

First Lord of Admiralty etc. Are the the departmental heads

who formulate the government policy.

2. Higher Officers - Lord Chancellor, Lord Prevy Council, Lord President of the Council etc. are not the heads of the departments.

3. Subordinate Parliamentary Secretaries - Subordinate Secretaries of the Parliament.

4. Government VIPs - Members of the Council of Ministers.

5. Aristocratic Officers - Certain members of the Council of Ministers belong to Aristocratic families. For example -

Treaurer, Comptroller and Vice - Chemberlin. All the above 5 categories of members are called Council of Ministers.

British Cabinet -

Britain has a Parliamentary type of government. The King is nominal executive. Cabinet headed by the Prime Minister is a real executive.

Like other institutions in England, Cabinet is historical and traditional institution. Its origin and growth is explained as under.

1. Earlier King was all-in-all. For the exercise of his powers

a Prevy Council was formed by him. He was appointing

only his close persons. Its strength was increased to

106. [now 320]

2. But it became very difficult to discuss and take unanimous decisions in this big council. To avoid this, the King stopped consulting with these members.

Later by bringing Tory and Wig parties together the Council of Ministers was formed.

3. But the Tory Party started criticizing King's way of functioning. Later the members of the Tory party were sacked. As a result one party Council of Ministers was formed.

4. The Council of Ministers was consisting of 60 to 70 ministers. Here also difficulty arose to have unanimous opinion. Therefore, the King started consulting only with few ministers. Later, this few group of ministers itself came to be known as Cabinet. The then King of England, Mr. Mure, started consulting with only five selected persons of his choice. Since then the Cabinet Committee has been discussing about political issues. The beginning letters of

these five members was having meaningless word 'KABAL' was in use. Gradually the word 'KABAL' came to be used as Cabinet.

At present the strength of the Cabinet is 18 to 20.

Cabinet is the internal circle of the Council of Ministers has the small group of influential politicians.

At present the Prime Minister and his faithful persons are the members of the Cabinet which is called 'Kitchen Cabinet.' The formation of the cabinet depends upon the experience and intelligence of the Prime Minister.

Features of the Cabinet -

Cabinet has occupied most prominent place in the British political system. All executive powers are exercised by the Cabinet Committee. In the words of Prof H.J. Laski-"Majority party in the House of Commons itself is Cabinet Committee". Really British parliamentary system is the model government for the world. Effectiveness of the Cabinet can be judged by its responsibility.

1. Separation of King and Cabinet - Separation of King and Cabinet is the first feature of British Cabinet system. King is nominal executive and hence all the powers are exercised by the Cabinet headed by the Prime Minister. King is away from the Cabinet who cannot take part in the meetings of the parliament. A King who remains outside the Cabinet is a historical tradition of the country. The reason for this was that King George -I who had no knowledge of English language was not presiding over the Cabinet. This tradition continued further and became constitutional importance.

2. Cooperation b/w Parliament and Cabinet -

Cooperation and harmonious relation between the Parliament and Cabinet is the main feature of British Cabinet system. Prime Minister is the leader of majority party in the House of Commons and ministers are members of the Parliament. Cabinet is responsible to the parliament. If any Bill is to get the approval of the parliament, cooperation between the both is a must. Stable and able government is possible only with the cooperation between the both.

3. Political Responsibility - Political responsibility of the

Cabinet can be identified in to three types. They are —

a. Responsibility to the King - Prime Minister and the

other ministers are appointed by the King. If the King is not

satisfied with the Cabinet he can terminate it. But this power

of the King is theoretical and not practical. The decisions

taken by the Cabinet are to be informed to the King is a

symbol of responsibility.

b. Collective Responsibility - Collective responsibility is

the symbol of parliamentary type of government. While

making decisions every minister has to communicate his

decisions to every one. It means the decisions are to be

supported by all.

c. Responsibility to the House - The government is

responsible to the House of Commons. The Cabinet remains

in power so long as it retains the confidence of majority in

the House. For example - In March, 1979 the Labour Party

government was defeated when no-confidence motion was

presented. Therefore, in the election of 1979 Smt. Margaret Thatcher became the Prime Minister.

4. Leadership of the Prime Minister - Cabinet functions under the leadership of the Prime Minister. Though the Cabinet has the power to function collectively the Prime Minister has the power to select the ministers, distribute the portfolios and coordinate the ministry. Prime Minister can take resignation

from the ministers who do not cooperate with him. It is the responsibility of the Prime Minister to preside over the Cabinet and to maintain stability of the government.

5. Secrecy and Unity in the Party - The main function of the cabinet is to maintain official secrecy and unity in the party. Cabinet meets with high secrecy. All ministers are held responsible to maintain secrecy. The decisions of the Cabinet come to public view only by the Prime Minister or by the spokesperson of the party.

6. Political Homogeneity - Political homogeneity is

possible when the Cabinet is formed only by the members of

a single majority party in the House of Commons. Prime

Minister is leader of the majority party and generally he

selects members out of his party. Therefore political

homogeneity can be found when opinion is unanimous.

Functions of the Cabinet -

1. Formulation of Government Policy - Formulation of government policy is the main function of the Cabinet. The subjects of national and international importance are discussed and decisions are taken in the Cabinet. Later the administrative wing implements them.

2. Legislative Functions - Ministers have the power to control and guide the parliament. Cabinet has the power to prepare the King's speech and propose legislative measures there in. members of the cabinet presents the Bill in the Cabinet and after discussion and approval it is presented in the parliament. In the words of Ogg," Cabinet formulates the policy, makes decisions, prepares the bills, and see that they get the approval of the Parliament."

3. Control over Administration - Cabinet the real executive gives direction to the ministers to run the administration of their respective departments. It observes and supervises about the implementation of programs. If any of the department is unable to work properly then Prime Minister can ask the King to dismiss the concerned minister. In addition to this, the Cabinet decides the appointment of Ambassadors, High Commissioners and Governors.

4. Coordination - The cabinet acts as coordinator in managing all the departments of the government. Therefore, the government functions as a unit only with the coordination of the cabinet.

5. Financial Function - Fixation of new Taxes, collection of taxes, and how to utilize the tax collected etc are decided by the Cabinet. The Chancellor of Exchequer presents the Budget in the House of Commons only after its approval in the Cabinet.

6. Other Functions - The Cabinet performs other functions also such as formulation of certain legislations, policy and programs of the government, implementation of laws,

45

declaration of war and peace and conferment of titles to the well known persons.

Debate over the Rising Powers and Role of the British Executive -

The executive is the primary and prominent organ of the government in terms of its importance and rising powers and role in the present context. It has been playing its role to organise the branches of the government. Executive has been the manifestation of the government. In the British parliamentary executive is combined with the nominal and the real executives. King has only nominal powers where as Cabinet headed by the Prime Minister is the real executive. Generally, the executive powers have been centralized in the King or Queen, Prime Minister, Civil Service, Department of Defence and the Police. Therefore the executive is playing an important role through its rising powers. The movement of the government largely depends upon the executive. The executive makes delegated legislations, implements the laws and directs the departments, protects administrative efficiency, maintains national development and by providing leadership it brings the concept of welfare state to the forefront. Therefore, executive means cabinet and cabinet means government. The powers of the executive have been rising day-by-day and as such it is regarded as the heart of democracy. The executive looks after the maintenance of law and order in the state, brings harmonious relation in the departments, follows diplomatic relations, appoints and removes administrative staff,

46

formulates foreign policy and if necessary it declares war and peace.

Executive in Britain is part and parcel of the Parliament. The power of law making is left with the Parliament, but the executive also has the responsibility of law making [ordinances]. It summons and prorogues the parliament and dissolves the House of Commons. It prepares the budget and presents in the House for approval. It also exercises judicial powers .It has the power of pardoning, confirms the titles to the well-known persons. With the emergence of welfare state, the powers of the executive are increasing. All the powers of the government are vested in the real executive-Cabinet. Regarding the rising powers and role of the British executive it has been argued that 19th century introduced parliamentary supremacy, where as 20th century has introduced sovereignty of the Cabinet"

47

Chapter - 3

• British Judicial System

• Organization of Judiciary

• Power and Jurisdiction of the Courts

• Judicial Review

British Judicial System -

British judiciary occupies an important place in its impartiality and independence.

The people of England are equal before the law.

It is regarded as the protector of the individual liberty. It is famous for giving quick justice.

The courts operate under salutary principles and follow simple procedure.

Cases are heard and decided with fairness and speed.

The judges are of a high order of ability, independence, and integrity. The courts in England have modernised infrastructure.

As far as the appointment of the judges is concerned 1873 and 1876 amendment Acts revived the judicial system. Practically all courts have been brought together in a single centralized system under the direction of the Lord Chancellor.

Organization of the Courts -

The Judicature Act of 1873 and the Amended Act of 1925 created a Supreme Court of Judicature, which is somewhat a misleading name, the Supreme Court has been described as a "covering name of a court system which never meets as one court but is composed of parts which are entirely •separate." Following are the courts in England.

1. Criminal Courts -

The criminal cases are heard in the form of suits between the Crown and the accused for the alleged violation of the law. Prosecution is conducted on behalf of the Crown and the accused can defend himself either personally or with the help of lawyer.

Charges are filed by local police officials. In case of exceptional difficulty this function may be performed by a national officer known as the Director of Public Prosecutions.

In a criminal court prosecution is conducted by a Public Prosecutor or by a Barrister who is appointed for that purpose and is given the title of King's Counsel.

a. Court of Peace and Law and Order - The initial courts in the criminal cases, in rural areas are called courts of justice of peace and in urban areas they are known as Courts Law and Order or Stipendiary Magistrates. All accused charged with some offence are produced before one of these courts. The Stipendiary Magistrates and the Justices of Peace are appointed by the Lord

Chancellor on behalf of the Crown. The justices of peace are not legal experts. They are appointed on the recommendations of the local organizations. They are honorary officials who perform their duties because of the honour and prestige involved. They work with the help of the clerks of the court. These courts deal with minor cases of misdemeanours, such as traffic violations. They can impose a fine up to 9 pounds and award simple imprisonment of 14 days. These courts deal with minor cases summarily, but appeals may be taken to the court of Quarter Sessions, which is a County Court.

Two

Justices of Peace may sit together to constitute a court of Petty Sessions. They may try a wider range of offences in which maximum imprisonment may not exceed 6 months or a fine up to 100 Pounds. A single Justice of Peace or a Stipendiary Magistrate or a Court of Petty Sessions may even hear cases which are of grave nature.

b. Quarterly Courts - Appeals against the decisions of the

single judge or the Court of Petty Sessions may be heard by

the Court of Quarter Sessions. This court also hears cases

under original jurisdiction, concerning serious crimes, but not those for which death penalty or life imprisonment may be the punishment.

The assistance of Jury may be taken by

these courts. A Court of Quarter Sessions consists of all the

justices of peace in a country and is generally presided over

by a learned judge.

The courts, while hearing appeals,

function through the committees. This court meets four

times in a year. There is one such court for every County. In

practice, a case is heard by a Bench of two Justices of Peace.

Serious cases like those of murder, treason, etc. do not

originate in this court. Appeals are ordinarily taken to the

Court of Criminal Appeals. In big cities functions of the

Quarter Sessions are performed by a learned judge who is known as the Recorder.

c. Court of Assizes - The Court of Assizes is a Circuit Court

which is held periodically in each County and in each of the

big town. It is sort of a branch of High Court of Justice. It

consists of one or two judges of the King's Bench Division

of the High Court. They go around, on circuit and

sit with the jury to hear cases of murder or treason. There is a regular court of this type in London, which is known as Central Criminal Court. These are the highest courts of original jurisdiction, and can award any punishment including life imprisonment.

d. Criminal Appellate Courts - These Courts are composed of three judges of the King's Bench Division and is presided over by the Lord of Chief Justice. The Court of Criminal Appeals is a sort of a Bench of the High Court of Justice. Its decisions are final. In very rare cases, an appeal against its decisions may be taken to the House of Lords, which is the Highest Court of Appeals in the country. But an appeal can be heard by the Lords only if the Attorney General gives a certificate that the case is of public importance. Such a certificate is issued only in exceptional cases. Only the ten Law- Lords sit in the House when it meets as a Court.

Civil Courts -

Civil Courts were established in the year 1846. The purpose of these courts is to give easy quick justice in the local areas. There are nearly 500 districts or counties in Britain. The civil courts are there in each of the district or county. These courts attempt settlement of the disputes, but can award no punishment. They are concerned with cases where compensation is claimed for alleged damages or breach of contracts or where the parties are suing for divorce, or dispute about property, wills etc. a. County Courts - The County Courts are known as Civil

Courts. There are about 500 County Courts in England and Wales. They are grouped into about 75 circuits. The County Court meets once in a month for two or three days. The judge may take the help of a jury if either party desires it. The court deals with the cases involving property or dispute worth 400 pounds. 500 pound penalty is imposed from trusts, partnerships, or mortgages. Lord Chancellor appoints the judges who have seven years of experience as Barrister.

b. Supreme Court of Judicature - This court is higher than

county courts. The court has two branches. They are High

Court of Justice and Court of Appeals.

1. The High Court of Justice - The High Court of Justice

consists of three divisions. They are-

a. The King's or Queen's Bench Division - It deals with actions of debt and damages for unlimited amount. It decides election petitions and hears writs of habeas corpus. It consists of one Lord Chief Justice and 17 other judges. b.. Chancery Division - It deals with cases under company law, deceased persons etc. it consists of Lord Chancellor as its titular head and 8 other judges.

c. The Probate, Divorce and Admiralty Division - It deals

with divorces, ships and aircrafts. It deals with wills, wives

and wrecks. It has a President and 10 other judges.

2. The Court of Appeals - This court hears appeals against

the decisions of the three bench divisions of the High Court

of Justice and also from County Courts. It consists of Master

of the Rolls [who presides] and 17 other judges appointed

by the Lord Chancellor.

The House of Lords Acts as Highest Court of Appeals -

House Lords is the Highest Court of Appeals in England which is also a Second Chamber of the British Parliament. According to the prevailing custom 21 Law Lords attend the House when it meets as a Court and is presided by the Lord Chancellor. Generally, three Lords constitute a bench, though in some cases even five Lords may sit as a bench. In civil cases appeals can be made to the House of Lords only with the permission of the Court of Appeals or when the House of Lords grants special leave to appeal itself. The judicial functions of the House of Lords have merely been curtailed. House of Lords is the only common court for the entire country. It decides appeals against the decisions of the highest courts of Scotland and Northern Ireland. But these appeals come under the jurisdiction of the Attorney General.

Judicial Review -

There is no Supreme Court in England and as such the question of Judicial Review does not arise. Hence, judicial review is not applicable to the government of Britain.

Chapter - 4

• Political Parties and Pressure Groups

• Nature and Functions of Political Parties

• Various Pressure Groups

• Nature and Functions of Pressure Groups

Nature of Political Parties in Fngland -

Political parties are said to be most essential for the successful working of democracy.

Democracy needs them for two reasons,

a. To educate the citizens on political affairs.

b. To give the citizens an opportunity to elect their rulers.

British government is called party government and this is

true to a great extent. The growth of cabinet dictatorship and

the consequent decline of parliament is the inevitable result of the growth of party system.

The party system has

weakened the King and strengthened the Prime Minister.

Following points explains about the nature of British

political parties.

1. Dual Party System - Since 17th century there was organization was found in two important parties. Though the sources of political parties are recognised from the time of Queen Elizabeth, during the reign of Stuart King's in 1603 to 1704 parties were found clearly.

It was not possible to recognise Kevilliars and Round Heads groups, but the Kevilliars group was in support of King Charles and Round Heads group was in support of parliament.

Later the Kevilliars group was named as Tory party and Round Heads group came to be known as Wigs party.

According to the Reforms Act of 1832 Tory party was converted into Conservative party and Wigs party into Liberal party and continued till 20th century.

Afterwards with the formation of Labour party there was a little hurdle for dual party system. With the formation of government by the Labour party the Liberal party lost its ground. Till today it is unable to form the government. At present Conservative party and Labour party are important in the British politics. The most distinctive nature of the British party system is the presence of two dominant parties. The main reason for this is the relative homogeneity of British society. There is no conflict on fundamental constitutional issues. All shades of opinion can be conveniently accommodated within two dominant parties. Though there is presence of other minor political parties, Britain has followed dual party system. Since 1945, either Conservative party or Labour party enjoyed absolute majority in the House of Commons. But in the recent elections no single party mustered the majority.

As a result the present government was formed with coalition of three parties.

The Conservative Party draws support from the middle and upper classes and the Labour Party's strength lies in the working class support. Therefore the composition of the parties provides some basis for the common stereotype of British politics as being dominated by class rivalries.

2. Centralized Party Organizations - Both the British parties are highly centralized in their nature. Both the parties are powerful in the local as well as in the national level. Actually the power is centralised in the central unit.

There lies direct control between the national and local units. Parties have got able leadership. The parties have complete control over their members through placing VIP on them. The parties will take disciplinary action on those members who violate the VIP. Central unit of the party selects the candidates for election and expels the members who are involved in anti-party activities.

3. Continuous Operation - Continuous operation is an important nature of British political party system. The parties are very active in the present and future elections. They prepare their manifesto and literature of their programmes. They take part continuously in arranging meetings during summer and week time. Their participation in local election is most continuous and operative one.

4. Adjustment - British political parties never hesitate in making mutual adjustments. For example - Conservative party may not be always conservative in its outlook. It is not limited to only rich and propertied class people. Likewise Labour party has not only labour class but also all classes of people. Though it believes in socialist principles, it cannot depend on them completely. These political parties have the nature of getting votes from all classes of people. Even for adjustment purpose they are ready to leave their policies.

5. Party Organization - British political parties have the pyramid-like organization in central and local levels. They have formed middle level parliamentary committees and

central level national committees and through which they perform their routine functions.

Functions of Political Parties -

According to Jopher K. Rabert, " British political parties perform the following functions."

1. Preparation for Election - Immediately after the announcement of election date political parties will be very busy in their activities. They discuss with their popular leaders and decide how to impress the voters through various programmes.

2. To influence law-making Process - Before the preparation of Bills relating to any subject they try to meet the members of the parliament and discuss the matter with them.

3. Preparation of Manifesto and Programmes - During the time of election they prepare party manifesto and list of programmes with the help of members belonging to various committees of the party.

4. To Conduct Meetings - During the time of elections for campaigning purpose they conduct meetings and arrange the speeches of popular and senior leaders.

5. Selection of Candidates for Election - when the election date is announced officially the political parties are busy in selecting the winning candidates. They field their candidates by distributing party tickets to them. At the time of campaign the party workers will paste the posters on the roadside and windows. The party workers and candidates

along with their leaders go to the doorsteps of the voters to

attract their attention and get their support.

6. Adjustment with other Parties and Pressure Groups -

For the winning of their candidates in the election the parties will take an initiative to meet the like-minded party leaders and also leaders of various pressure groups. They may be ready to come to the consensus with them if their candidates have the chance of winning the seat.

8. Appointing the Committees - Both the Conservative and the Labour party are so prominent political parties in the British political system. They appoint various committees at the national, district and local level to keep in touch with the voters.

Pressure Groups in England -

British political system has several organized groups of people who are interested in the affairs of the state. They influence the working of the entire system directly or otherwise. Pressure groups are the agencies for protection of interest of a group of people. An individual may be a member of several groups, because he does not have only one interest. These groups get the work done by the government through their pressure.

Nature of Pressure Groups -

1. Single Interest - Single interest or self interest is the true nature of the pressure groups. The people, who have commonness in interest, get together and try to fight for the preservation and promotion of their interest.

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2. Hide and Seek in Politics - The pressure groups play the role of hide and seek in politics. They seldom function in open. They are not officially participating in the political or apolitical issues. They are somewhere in the middle of the two.

3. Away from Politics - these groups are far away from the political parties and politics. They cannot contest for the election, but play an important role at that time.

4. Purposes - the pressure groups have political purposes and political interest. If they have religious purposes they are called religious groups. Britain has so many pressure groups with various purposes.

Almond has given four-fold classification of pressure

groups. They are —

1] Institutional Groups - These groups looks after several

interests.

2] Non-sectional Groups - Includes traditional or religious

interest.

3] Associated Groups - associated with political structure.

4] Anomic Groups- pressurise through persuasions and

demonstration.

Various Pressure Groups in England -

1. National Farmer's Union.

2. Fabian Society.

3. National Union of Mine Workers.

4. Transport and General Workers Union.

5. Electrical Traders Union.

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These important groups have been formed to protect the economic interests of their members. For eg- the Trade Union is concerned with wages and salaries of the workers.

Non-economic Pressure Groups -

1. Howard League.

2. Royal Society for the Prevention of Cruelty to Animals. Religious and Moral Pressure Groups -

1. Lord's Day Observance Society.

2. Christian Students Movement.

Educational, Recreational, and Cultural Pressure Groups-

1. Council for the Protection of Rural England.

2. Royal Institute of British Architects.

3. Motorists Automobile Associations and British Legion. Government Pressure Groups -

1. County Councils' Association.

2. Association of Metropolitan Authorities.

3. Magistrates Association.

Generally these groups try to pressurise the legislative committees. Their right to express opinion has been recognised. Even the government departments do utilise the pressure groups. For example -The Ministry of Labour publishes directory of the Trade Unions and Employers Associations. The government departments consult these groups in relation to the matters pertaining to them. But the pressure groups in England are not effective as in the United States of America. This is because there is parliamentary system of government and the ministers have this legislation

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enacted with the help of party mechanism. Strict party discipline does not let British pressure groups asset themselves. Very often the British members of Parliament are agents of organised groups, and speak for them in the House. Some of the groups are openly aligned to the parties. For example-THE Federation of British Industries is aligned to the Conservative Party, and the Trade Union Congress is a wing of the Labour Party.

Functions of Pressure Groups -

1. Influence the legislation at the drafting stage and

committee stage.

2. Maintain contacts with the officials who are responsible for drafting the legislation and for advising the ministers.

3. Maintaining contact with the members of parliament.

4. Assist the departments in the policy formulation.

5. Formulate public opinion either in favour or against the legislation through news papers, magazines, and public meetings.

6. Pressurise the government to implement socio-economic reforms.

7. Bringing private interests to public attention.

8. Will to have welfare of general public.

9. Making adjustment with the like-minded political parties.

10. To achieve the goals through pressure.

11. To achieve the interests by encouraging political leaders.

12. To bring pressure on the parliament either to make the laws or to reject.

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The pressure groups serve useful purpose, and can be kept under restraint. They are often checked by their own members, or by political parties. The vigilant government also exercise control over the pressure groups. It tries to utilise them and help them without sacrificing the general and national interest. Beer has rightly said that 'British interest groups have become increasingly more effective since 1945 under the impact of Labour Party and the changing world. These groups perform essential functions. For example - An organised pressure group called 'National Campaign for the Abolition of Capital Punishment was greatly responsible for the enactment of the law for the abolition of capital punishment. Earlier Several pressure groups were responsible for the implementation of equal rights to women. It is alleged that the pressure groups are generally dominated by the wealthy and the affluent people. The common people cannot pressurise the government through these groups. It is argued that the concept of pressure itself is bad and very often they encourage corruption. The pressure groups employ civil servants and former members of the parliaments to influence the bureaucrats and the parliament. But it is not proper to say that these groups encourages corruption and acts in irresponsible manner.

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Chapter - 5

• British Public Opinion

• Importance of Public Opinion

• Agencies of Public Opinion

Importance of Public Opinion -

Public opinion is the main force behind a democratic government. How are the political views of the British electorate formulated? There are two kinds of forces that influence the minds of the people. Public opinion is formulated under the influence of-

a. Natural and spontaneous influence.

b. Deliberate attempts. We shall briefly explain the

importance of public opinion by knowing how the above

two forces operate in Great Britain.

1. Occupation, Education, and Family upbringing are considered most potential natural influences. The effects of these forces are often reflected in voting behaviour of the people. Thus, there is a tendency for business and professional people to support and vote for the Conservatives, while industrial workers, by and, large, support the Labour Party. The ideas and prejudices are generally accepted by family and close friends help to condition a persons thinking. Only a person of independent mind and strong character questions the most deeply held views of friends, elders, and other members of the family.

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and takes the risk of criticism. Thus several natural and spontaneous influences held in the formulation of public opinion.

2. Generally public opinion is formulated by the deliberate attempts made to influence minds of the people. Both the major British political parties regularly try to influence on the voters thinking. News papers, television and other mass media of communication are the main sources of collecting public opinion.

3. Public opinion is also moulded and represented through opinion pools which are conducted by various agencies from time to time. Opinion pool conducted in 1985 revealed that both the major national parties, Conservative Party and Labour Party which lost popular support. Likewise, the Conservative's who won a massive mandate in 1983 with 397 seats in the parliament. Liberal and Democratic Parties got 17 and 6 seats. But the Labour Party came to power by winning majority seats with help of strong support of public opinion. In the recent election public opinion is not in favour of single party but in favour of coalition of three political parties which have formed the government. Looking to these above mentioned points we can very well realise how public opinion is playing an important role in the British political system through the tactics of fluctuation.

Agencies of Public Opinion -

The voters of England try to formulate public opinion by influencing their ideas. The following are the main agencies which formulate public opinion in Britain.

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1. Profession, Education and Family - Profession,

education and Family are considered as most potential

agencies which formulate public opinion. These agencies

help in formulating voting behaviour of the people at the

time of election. Professional, educated people in their

respective families form public opinion to favour or reject

the political parties. The family members, with their close

friends formulate the strong public opinion. In a pert5icular

family the youngsters will bow with or hear the words of the

heads or elder people. Therefore profession, education and

families are supposed to be called natural and spontaneous

agencies in the formulation of public opinion.

2. Political Parties - Organised political parties also help in moulding public opinion. These political parties try their level best to influence the minds of the voters through their manifestos, programmes and campaigning tactics. The people use to give their support to the parties which they like on the basis of programmes and principles. Hence, political parties are called agencies in the formulation of public opinion.

3. News Papers, Television and Radio - These mass media of communications are main agencies in the formulation of public opinion. The news papers are committed to particular political and economic views. The television and radio are required to observe political neutrality. The listeners of radio and viewers of television are to a great extent influenced very much in making up their minds to come together. Therefore, these are regarded as most influential agencies in formulating strong public opinion.

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4. Pressure Groups - Pressure groups also are regarded as strong agencies of public opinion. These groups very often try to formulate combined public opinion. During election time opinion pools are conducted to know whether public opinion is in favour of this party or that party. Pressure groups try to mould and formulate a very strong public opinion.

5. Speeches of Important Leaders - The leaders of political parties through their speech formulate public opinion to their favour. They have the force to direct, encourage and formulate public opinion properly. The people are influenced by their impressive speech and build common public opinion.

6. Wrtings of Influential Writers - the writings and or the books of influencing authors are the strong agencies in formulating public opinion. These authors try to formulate a very good public opinion. For example - Burtrand Russell, through his writings, played an important role in the formulation of public opinion during the time of world war.

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The Government of the USA

Constitution -Historical Background:

America was one of the colonies of England for about 235 years.

During 17th and 18th centuries, economic renaissance in Europe made the people miserable due to agricultural disaster, poverty, draught and unemployment.

As a result, people started immigrating to America.

For this English people were more in number.

They stayed there keeping with their language, literature, culture, customs, traditions and political ideas.

Therefore, with the mixture of Anglo-Saxons a new cultured state was established.

Then with the approval of the king, the British people formed 13 colonies in the Eastern Hemisphere of America.

Regulation of the government was increased in matters of army, war and peace, foreign policy making. Britain waged a war with France and to bear war expenses they decided to levy tax on the Americans. They also placed certain restrictions on trade and commerce.

With this, the Americans declared that the British Government has no right to interfere in the colonies. When George-III came to the throne of England he established dictatorship.Therefore, the people of 13 colonies came together and a big conference was organized in 1774 at Philadelphia by forming an army under the leadership of George Washington, and fought against the British.

Philadelphia Convention -

In July 1776, the people of America assembled at Philadelphia and declared their independence. The revolution continued for about 5 years and finally the Americans won the victory in 1781.

Later all the 13 colonies got full freedom in 1783.

55 delegates from 13 colonies such as James Madison, Alexander Hamilton etc assembled at Philadelphia Conventional Hall under the chairmanship of George Washington on 14/05/1787 and discussed about the draft of the constitution and formation of the government.

The constitution was prepared within 6 weeks in 1787, and was adapted for the country on 21st June, 1789.

George Washington was unanimously elected as the first president of the United States of America. Since 1789. the administration in America is carried on in accordance with this constitution. Today America has 50 states, 30 lacks square miles of territory and is known as world famous democratic country.

Preamble of the Constitution-

The preamble of the US constitution with these words, "We the people of the United States of America do or dain and establish this constitution for ourselves ...

Salient Features of the US Constitution-

The constitution of which was accepted in the Philadelphia convention of 1787 formally came into force on 4th March. 1789 has the following features.

1. Written and Briefest Constitution - The US

constitution written and briefest constitution in the world.

The entire constitution has been explained only in 7 Articles with 8 printed pages which can be read within half an hour.

So far only 28 amendments have been made to this constitution.

3. Rigid Constitution - The US constitution is the best example of rigid constitution in the world. This method has been adapted to amend the Articles of the constitution.

Article No 5 provides for rigid method of amendment.

Amendment can be made by the approval of the Federal Congress with 2/3rds majority members and the same has to be ratified by not less than % of state legislatures.

This procedure has made the constitution rigid. It cannot be amended even if 37 state legislatures do not agree.

Therefore, in the history of America, only 28 amendments have been made so far.

4. Federal Government - Federal Govermnent is also one of the features of US constitution. The powers are so divided and distributed in between the federal and the state governments and residuary powers are with the states.

By this it can be assumed that the centre is weak, but in reality it is strong one.

4. Supremacy of the Constitution - In the United States of America the constitution is supreme. Accordingly, the federal congress and state legislatures cannot make laws against the constitution. If such laws are made they will be declared invalid by the Supreme Court.

5. Theory of Separation of Powers - Montesquieu's theory

of separation of powers has been adapted in the US

constitution. The three organs of the government the

legislature, the executive and the judiciary perform their

functions independently without interfering in the functions

of the other. For example. Indirectly elected President is not

a member of either House of the Congress. He cannot lose power till the completion of his term, but can be impeached

by the congress. He has no power to dissolve the congress.

If the congress makes legislations against the constitution, or

if the President promulgates ordinances against the

constitution, the Supreme Court can declare them invalid.

6. Checks and Balances - If there is non-cooperation

between the three organs of the government in the

performance of their functions, if they fail to provide able

administration, the system of checks and balances can be

used against one another.

If the power of one organ is

misused the other one will check it and the balance will be

maintained. For example-

a. The President can exercise his veto power against the

Bills passed by the Congress.

b. The political appointments and agreements and protocols

made by the President shall be approved by the Senate with

2/3rds if its members.

c. The judges of the Supreme Court appointed by the

President shall be approved by the Senate.

7. Protection of Rights - The US constitution guarantees

right to freedom to its citizens are protected by the court.

This has been explained in the amendment of the constitution.

8. Presidential form of Government -The US constitution provides for presidential form of government. All the executive powers are vested in the President. He is not a member of either House of the Congress and hence he is not responsible to it. The term of his office is 4 years. He cannot lose power before the completion of his term and has no power to dissolve the Congress. Therefore the US executive is stable and real.

9. Dual Citizenship - the US constitution provides dual citizenship right to all its citizens. Every citizen of the USA gets the citizenship of the country and also of the state in which he or she resides.

10. Sovereignty of the People - The US constitution gives importance to the sovereignty of the people. Sovereign power of the nation is vested in the people. If the government behaves abruptly the people have the right to criticise it. Preamble of the constitution reads, "We the people of the United States of America do ordain and establish federation for the protection of internal peace and security, welfare and freedom".

11. Bi-cameral Legislature - the US constitution provides the system of bi-cameral legislature. 435 members House of Representatives is the Lower House and that of 100 members Senate the Upper House of the Congress. The members of both the Houses are elected directly by the voters. The term of Senate is 4 years and House of Representatives is 2 years.

12. Supreme Court - the provision of Supreme Court in the constitution has made the USA federal state. It is the Apex court in the American judicial system. It was, established in the year 1789. It has one Chief Justice and 10 other judges. The Congress has the power to decide the number of judges. It gives verdicts in original and appellette jurisdiction. It protects the rights of the people, acts as the guardian of the constitution and interprets the constitution.

13. Judicial Review - the Bills passed by the Congress can be reviewed by the Supreme Court and federal courts. The powers to interpret the constitution against the laws made, and the orders of the President are given to the-judiciary. Therefore, judiciary is called as protector of rights and guardian of the constitution. Thus the Supreme Court is regarded as third chamber. Judicial review is also called as

judicial veto power.

- ■. .. .. ■

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:

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Chapter - 1

U S Congress [ Legislature]

House of Representatives - Composition, Powers and

Functions

Senate - Composition, Powers and Functions

Law making Process,

Recent Challenges to the American Congress

US Congress:

Article number 1 of the United States constitution explains that the congress shall make the laws.

It consists of two Houses - one House of Representatives and the other Senate.

Let us study about both the Houses.

House of Representatives:

The House of Representative is the Lower House of the US Federal Congress.

According to 1929 Act of Representatives the strength of its members was fixed to 435.

But with the formation of Alaska and Hawai states in 1958 and 1959 number of members was increased to 437. Again in 1961 its number was reduced and at present it has 435 members.

Qualifications - Following qualifications have been fixed to become members of the House of Representatives.

1. A person must be the citizen of the USA and resident of any state for about 7 years.

2. He must have completed the age of 25 years.

3. He must be a resident of a state in which he contests and must reside in the District place.

4. He must not hold any office of profit.

Term of Office - The term of office is for 2 years. The House cannot be dissolved.

Process of Election - According to the Electoral Act of 1970, the members of the House shall be elected by those who have been completed the age of 18 years. The election takes place for only one day in the entire country. Secret ballot system has been adapted.

Session - Session of the House takes place on the 3rd of January every year, but only once in a year.

According to the legislative reorganization Act, 1946 the session will be prorogued after July 31ST chairman of the House may convene special sessions if such an emergency arise.

Quorum of the House - Article number 1 [5] of the constitution explains that the proceedings of the House will begin if more than 219 members are present. Privileges and Immunities of the Members - Article number 1[5] of the constitution gives certain privileges and immunities to the members of the House.

They are as under-

a. No member can be arrested during the time of session,

[Except terrorist activities]

b. Gets the salary of 42500 Dollars per annum for which tax

is applicable.

c. Gets 12500 Dollars as travelling and clerical allowances.

d. Qualified to get free medical facility.

e. A pension facility also has been provided from 1946.

f. If he serves minimum 6 years as a member is eligible to get a pension of 6percent of his salary after attaining 62 years of age.

Power and Functions -

1. Legislative Functions - Both Houses of the Congress have equal powers in the legislative functions.

Ordinary Bills can be presented in either house.

The Bill passed by the House of Representatives is sent to the Senate.

If the Bill is approved in the Senate it is sent to the President for his assent.

But the Senate can reject the Bill passed by the House. If there is a deadlock between both the Houses, it is resolved by the Committee.

If it is not resolved in the committee the Bill becomes invalid.

2. Executive Functions - The executive is not responsible to the House of Representatives. Because of this reason the House of Representative has no executive powers.

3. Judicial Functions - The house exercises certain judicial functions together with the Senate. Though the House presents a proposal for impeachment against the President, Vice-President, and the Federal Authorities, the power to make an inquiry and taking decision rests with the Senate.

4. Constitutional Functions - To amend the constitution, the approval of 2/3rds majority members of both the Houses is required.

Therefore, both the Houses have equal power to amend the constitution.

5. Electoral Functions - After the election to the posts of the President and the Vice-President counting of votes takes place.

If no presidential candidate gets required majority of votes, then one of the three candidates who has got more votes, will be elected by the members of the House of Representatives.

6. Financial Functions - According to the norms the Financial Bills are to be presented only in the House of Representatives, but it has limited powers in financial matters. Senate has the power to amend or reject the Financial Bill approved by the House. But this power is exercised by both the Houses together.

7. Declaration of War - Senate has the power to declare war. But both the Houses take part in this function. There is no provision in the constitution regarding the approval of House of Representatives to the protocols made by the President.

Speaker of the House of Representatives -

The Speaker is the presiding officer of the House of Representatives.

He is the leader on the majority side in the House.

He is often described as "The second most powerful man in Washington".

He is elected by the members of the House from amongst themselves.

He is a prominent leader of the majority party in the House.

He is elected on party lines and remains a party man throughout.

He does not resign from his party, and does not enjoy the privileges like the British Speaker.

His election is never unanimous. Though he is elected by the entire House, in practice, he is chosen by the caucus of the majority party.

New House of Representatives is to elect a Speaker.

The minority party caucus also select a candidate, and he is put up to contest the

election for Speakership. Members of the House vote on party lines and the majority party candidate is always elected.

When the result is announced the defeated candidate gallantly escorts the victor to the Speaker's chair. Then the oath of office is administered to the new Speaker by the 'Father of the House' [senior member] or some other member named by the Speaker-elect for that purpose.

The term of the Speaker is for two years. When the next election for the House takes place, he has to seek election from his district.

He may or may not be elected. If he is elected to the House he is re- elected as Speaker. It depends upon the decisions of majority party in the House. If his party gets majority he is sure to be elected as Speaker and not otherwise.

Functions -

1. Presidency of the House - The Speaker is the most powerful member of the House. He presides over its sessions, and performs normal duties of a presiding officer. He may name any member of the House to preside, in his absence, for not more than three days. In case if illness, he may with the approval of the House, ask any member to perform his duties for a period of not less than 10 days. If the Speaker is unable to preside over the House, and has not named any member to take the chair, the House may elect a Speaker pro-tempore to serve in his place.

2. Maintenance of Decorum - He has the power to maintain order and decorum in the case of disturbance in the galleries or in the lobby he may order the same to be cleared.

He recognises the members and allows them to speak, puts various Bills and motions to vote and announces the result of voting.

He signs all the Bills, resolutions and documents adopted by the House. He is empowered to cast a vote in case of a tie. He maintains order in the House and may control unruly members by a word of caution. Rules require that members must keep within bounds in their references to one another.

They must address the chair respectfully, must not wear hats or smoke in the House, and must obey the rulings of the Speaker he may suspend the business of the House, but he cannot censure or punish a member.

3. Interpretation of Law - He has the right to interpret the rules of the House which are difficult. In some cases, he may establish new precedents, if the House is willing to accept them.

4. Other Functions -

a] His signature is a must for the House orders, laws, and joint decisions.

b] He nominates members of Select Committees and the Conference Committee.

c] He puts the questions for voting, order for counting and announces the result.

d] He recommends for the appointment of members to the Select and Session's Committees.

e] He casts his vote in case of a tie.

Senate - [Second Chamber]

Senate is the Upper House of the Unites States Congress.

It is regarded as the most powerful Chamber in the world.

Definitions

Prof, H. J. Laski - "Senate of the USA is the guardian of the federal system government".

F.G.Haskin - "In certain matters except the House of Representatives importance is given to the decisions of the Senate and the President, in certain matters except President,

importance is given to the decisions taken by the House and

Senate, but without the approval of Senate the President and

the House cannot take decisions".

Composition -

Senate has the strength of 100 members. There are 50 states

in the United States. Each state sends two members who are

elected directly by the voters for the term of 4 years.

The State, whether big or small in the size of its population has

to elect two Senators equally.

Term - Senate is a permanent Chamber and its members are elected for the term of 4 years. 1/3 of its members retire once in two years.

He may also be re elected.

Qualifications - Article number 1 [3] of the US constitution explains the following qualifications to become a member of Senate.

a] Citizen of America.

b] Must have completed the age of 30 years.

cj Must be domiciled in America for 9 years and resident of a state.

d] He shall not be an officer in either centre or state.

Election - Earlier Senator was elected indirectly. But only rich people were elected. Therefore, 17th amendment Act of 1912 which came into force in 1913. Through this amendment two Senators from each state are being elected directly.

Session - Session of the Senate shall be at least once in a year. According to the 20th amendment, session is to be convened on the 3rd January of every year.

Chairman of the Senate can convene the session during the time of the approval of appointments, international treaties and impeachment.

President Pro-Tempore - The Vice- President of the USA presides over sessions of the Senate, but cannot take part in the voting.

He shall cast his vote in case of a tie.

He has no power to appoint the members of committees. In his absence one of the members of the majority party will be selected to carry the proceedings of the Senate.

Filibuster - Senate has to undertake its proceedings according to the rules.

Time limit is given to the members who take part in the deliberation of the House of Representatives.

The members have to follow this restriction. But the deliberation of the Senate is not fixed. The Senator can take as much time as he wants to speak.

For example,in 1953, Senator Venimorse delivered his speech continuously for 22 hours 26 minutes. Therefore, filibuster system was implemented to restrict such a long time speeches.

To cut short the speech on any subject without any limitation on special occasions is called filibuster. At present, according to this method no Senator can take more than one hour time to speak. When 2/3 members gives an approval to stop deliberation, it should be stopped. But the deliberation can be

continued if it is not recommended by the 2/3rds members. For this reason we can say that the Senators have the freedom to deliver speeches hours together.

Powers and Functions of the Senate-

1. Legislative Functions - Senate has the power to make the

legislation together with the House of Representatives.

Ordinary Bills can be presented in either of the House. But

the bill becomes legislation only with the approval of both

the Houses. If difference of opinion between the two Houses

occurs the matter can be brought before Session's

Committee. With the approval of 3-9 members Session's

Committee decision both the Houses have to agree and then

sent to the President for taking his assent.

2. Financial Function - The constitution provides that

Financial Bills are to be presented only in the House of

Representatives. But the Senate has to exercise the power to

amend or reject completely the Financial Bills and can make

a new Bill.

3. Constitutional Functions - Both Houses of the Congress

have an equal power amend the constitution. It requires the

approval of 2/3 majority members of both the Houses of the

Congress.

4. Judicial Functions - Senate performs some of the following judicial functions -

a] To enquire against the impeachment of the President and other government officials.

b] Chief Justice of the Supreme Court presides over the Enquiry Committee.

Senate, the Powerful Second Chamber -

The following powers prove how Senate is powerful.

a. Approval of the appointments made by the President -

Article number 2 [2] second coimn states that though the ambassadors, judges of the Supreme Court and officers of the Federal Government are appointed by the President, approval of the Senate is a must.

b. Approval of International Treaties -Approval of the

Senate with 2/3 majority is a must if the international

treaties made by the President are to be lawful. Such treaties

wlfl come to the Foreign Affairs Committee. This committee

scrutinizes regarding the pros and cons of the treaty and then

it can approve or reject it.

For this reason President has to

rely on Senate and Foreign Affairs Committee.

c. Appointment of enquiry Committees - For the purpose

of enquiring the functions of the Government Departments

Senate will appoint enquiry Committees. By collecting the

information, these committees will report it to the Senate.

d. Impeachment - Senate acts as the Court of

Impeachment. The House of Representatives presents the

proposal for impeachment against the President, Vice-

President and other officers of the Government and the same

will be sent to the Senate with its approval. Impeachment will come into force if the Senate approves it with 2/3 majority. No appeal can be made against this.

e. Declaration of War - President of the USA is the

Commander-in-Chief of the three armed forces. But he

cannot declare war. Both the Houses of the Congress can

make the decision on the declaration of war.

f. Selection of the Vice-President - If no candidate gets the

majority in the election of the Vice -President, and then the

Senate has the power to select one candidate who has got

more votes, as Vice-President.

Lowell defines that. "Senate is the saucer in which boiling tea of the House was cooled." Looking at this definition and the above functions we can recognize how powerful the Senate is.

Law-making Process in the USA -

The main function of the Congress [Senate and House] is law-making. Legislation is the typical product and the legislative process is the typical activity of the Congress. Each member of the Congress is free to introduce Bills. However, the most important Bills are sponsored by the executive departments with the support of the President. Law making process begins with the following stages. 1. Introduction of the Bill - Introduction of Bill is a simple affair. A member of the House of Representatives may write his name on the Bill and deposit it in a box known as the hopper and places it on the clerk's table. The Bill is introduced without any speeches and needs no permission.

This completes the first reading of the Bill. In case of Senate, the member who wants to introduce a Bill must wait till he is recognized by the presiding officer in the morning hour when routine business is transacted. When the Senator is recognized, he may announce introduction of the Bill, sometimes with explanation, and send it to the Secretary's desk.

2. Committee Stage - Soon after the introduction all Bills are given a number and are distributed to the members.

Every Bill is referred to one of the Standing Committees for detailed consideration. The measures referred to a Committee may be pigeonholed.

It means end of the Bill. Many of the Bills are killed by the Committees, because they fail to report them to the House.

If the Committee has a heavy task to perform, it will be divided in to sub-committees. Various Bills may be assigned to them for hearings and preparation of reports. Usually the Committees hold public hearings, but the discussions by the members of the committees are conducted away from the public eyes. The Committees will hear for or against the measures. After the hearings are over the Committee meets in its executive session. Only the professional staff is allowed in the Committee room and not the outsiders. In the meetings the Committee considers all aspects of the Bill and various amendments are suggested. It may then take a final decision. There are several alternatives open to a committee. The Committee may take any of the following decision-a] The Bill can be sent to the Congress for its approval.

b] Bill can be sent with amendment to both the Houses for their approval.

c] It may approve the Bill, as it is, and recommend its adoption by the House.

d] It may suggest a number of changes in the Bill and recommend it for adoption with amendments.

e] h may reject the Bill and merely pigeonholes it.

3. The Calenders - A bill which is favourably reported by one of the standing Committees of the House of Representatives, is sent to the Clerk of the House.

The Clerk places the Bill upon one of the three lists, known as the Calenders. All favourably reported Bills concerning revenue, appropriations and public property are placed on the Union Calender. The second list is known as the House Calender, which is used for all public Bills third list is known as the Private Calender.

All private Bills are placed on it. There are in addition, two other Calenders upon which Bills may be placed by transfer. If a Bill is pending on the Union or House Calender is of non-controversial nature, it may be placed on the Consent Calender. These Bills may be called up and disposed off under unanimous consent. Discharge Calender i8s used to list the Bills discharged from the Committees.

4. Three Readings - The US legislative procedure provides for three readings. In practice, the first reading is a mere formality. The moment a Bill is introduced in the House, the first reading is supposed to have been completed. Actually there is no debate-no reading at this stage. Where the Bill is reported favourably by a Committee it is placed on one of

the Calenders. When a Bill is called up from the Calender and taken up for consideration by the House is called the second reading. At this stage the Bill is read line by line, amendments are moved, discussed, and disposed of. The members get an opportunity to express their views on the Bill as a whole, or a part thereof, the second reading takes place after the Committee stage, and the House considers the Bill in the form in which it is reported by the Committee. After the debate and adoption of amendments, if moved by the members, the House is called upon to vote the measure. The question before the members is shall the Bill be engrossed and read a third time? If the vote is favourable and the Committee has favourably reported the Bill then it is presented for third reading. The third reading is also a formality. Ordinarily no debate takes place and no amendments can be moved on this. After the third reading, if the vote is favourable, the Bill is signed by the Speaker and sent to the Senate for its consideration. If the Bill had already been adopted by the Senate, it is sent to the President for his assent.

5. Consideration of the Bill - If the Senate has made some changes in the Bill, the measure is sent back to the House for reconsideration. If the House does not agree with changes suggested by the Senate, the measure is referred to the Conference Committee otherwise it lapses.

6. Voting - After scrutiny and discussion of the Bill the second reading takes place. Later it is put up for voting. Voting is of four types. They are -

a. Voice voting.

c. Voting may be done by roll-call.

The Clerk calls each member by name and his vote is officially entered in the records of the House. 7. Presidential Assent - No Bill passed by the Congress can become law unless it has been signed by the President. He may give his assent or refuse to assent-veto it. If he gives his assent, it becomes law. If he refuges to gives assent or rejects, unless the President's veto is overridden by 2/3 majority of the Congress. If the Congress remains in session and the President takes no action for 10 days it becomes law. However he may pocket veto a Bill if the Congress is adjourned within 10 days. If the Bill crosses all the hurdles and becomes a law but may still be declared void by the Supreme Court.

Recent Challenges to the American Congress -

Article 1 of the USconstitution gives law-making power to the Congress. This power is exercised by both the Houses either separately or together. But at the time of law-making the congress has to face some of the following challenges. 1. Differences between both the Houses - Article 1 of the constitution has given law-making power to both the Houses. Accordingly both the Houses have equal powers to make laws. But the law passed by the House of Representatives is sent to the Senate. The Senate may reject it. If there is a difference between the two Houses relating to the Bill the Session's Committee may come to its rescue. If it is not solved by the committee the Bill will collapse. The

constitution provides that the Financial Bills must be presented only in the House of Representatives. But Senate has the power to amend or reject and can make new Bill. Therefore, at the time of law-making, difference between both the Houses has become a challenge to the Congress.

2. Committee Stage - Soon after the introduction of a Bill

first reading takes place. The Speaker of the House decides

to which committee the Bill is to be sent for consideration.

The Bill is accepted, examined and decided. If committee's

recommendation is not in favour of the Bill may be

pigeonholed. It means the end of the Bill. Public complaints

are invited and the committees hold public hearings. Later,

ata the end of the session the committee may take any of the

following decision.

a. With amendment, the Bill may be sent to both the Houses

for approval.

b. A new Bill is prepared by repealing a old one and sento

the Houe for approval.

c. The committee may not give the report or it can be

pigeonholed or killed.

Therefore, looking to these measures committee stage in the law-making is a challenge to the Congress.

3. Veto Power of the President - After a Bill has been

finally passed by both the Houses of the Congress it is

submitted to the President. The President may give his

assent, or refuse to give the assent he can veto it. If it is

signed it becomes law. If the Congress remains in session

and the President takes no action for 10 days it becomes law.

He may pocket veto a Bill if the Congress is adjourned

the President is also a challenge to the Congress.

4. Interpretation of the Supreme Court ^ the Federal and state legislatures cannot make laws contrary to the constitution. In case, the Court is satisfied that the law is violative of the constitution, it can declare it null and void or ultra-vires. This would have the impact of striking off the concerned law from the statute book. So far, the Supreme Court has declared more than 240 congrssional laws as unconstitutional, through the power of judicial review. Because of its judicial review Supreme Court is called 'Third Chamber' Therefore Supreme Court's power of interpretation of law is the challenge to Congress.

5. Pressure Groups and Political Parties - During the time of election to Senate and House of Representatives the contesting candidates have to depend upon the support of pressure groups. If the bills to be presented for law-making are against the interes of the pressure groups they will bring pressure on the members not to give their approval. Some times political parties may also take part in this function. This is because there is proper understanding between pressure groups and political parties. Therefore the influence of groups and parties has become a challenge to the Congress.

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Chapter - 2

• The Executive in America

• Presidential Type of Executive The President

• Election, Powers and Functions

• President's Cabinet

• Debate over the Rising Powers and Role of the Executive

Presidential Executive -

The chief executive in the USA is real head of the state as well as head of the government. He is elected by the people indirectly for a period of 4 years. He is not accountable to the Congress, though he is removed by the process of impeachment.

The President is constitutionally independent of the Congress in respect of his tenure and irresponsible to it for his political policies.

It is based on the principle of separation of powers. For administrative convenience he can appoint 12 secretaries and also can remove them. All the secretaries perform their functions according to the advice of the President. The President has neither the power to convene the sessions of the Congress nor the power to dissolve it. He is responsible to the people and not to the Congress. The legislature and the executive perform their functions independently without depending upon each other.

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Features of the Presidential Executive:

1. Real Executive - The President of America play dual role as real head of the state and government. He is elected indirectly by the people for the period of four years. He appoints his secretaries as his advisers. There is no nominal executive in America. He exercises all the powers independently. He is the final source of all the executive decisions.

2. Fixed Term - The term of the office of the President is fixed for four years. His powers cannot be reduced or increased by the Congress. He can be re elected for another term. There is no provision to remove him through the motion of no-confidence.

3. No Responsibility - The President of America is not responsible to the Congress and as such he cannot take part in its sessions. No chamber of the Congress can form the government. The President and the secretaries are not the members of the Congress.

4. Separation of Powers - The three organs of the

government are separated. Congress has the power to make

laws, amend the constitution and repeal the old laws, the

executive has the power to execute these laws, and the

judiciary has the power to interpret these laws. One organ of

the government cannot interfere in the powers of the other.

5. Cabinet-President's Family - The President can appoint

any body as his secretary and they can be removed by him at

any time. He can even appoint his wife or son as his

secretary. No body can question this power of the President.

Therefore, cabinet in the USA is called as "President's

family". The secretaries are his confident advisers and

assistants.

6. Checks and Balances - There is checks and balance

system between the three organs of the government in

America. The following factors maintain the checks and

balances.

a. Congress examines the messages sent to it by the

President.

b. By interpreting the laws the judiciary controls the

legislature.

c. Senate has to give its approval to the appointments made

by the President.

d. The functions of the Congress are regulated by the

executive and the judiciary.

e. Senate has to give it consent to the international

agreements made by the President.

f. Chief Justice of the Supreme Court presides over the

Senate at the time of President's impeachment.

g. The judges are impeached by the Congress.

President of America -Election -

The constitution of the United States provides that the President shall be elected indirectly elected by the people through the Electoral College to a four-year term. For the election of the President a temporary electoral college will be formed. The strength of the members of this college shall be equal to both the Houses of the Congress. Senators - 100 and House of Representatives - 435 = 535 members. The important political parties will select the Presidential and Vice-Presidential candidates in the month of January of every leap year. After this the contestants will start the process of nominating the members to the electoral college. Five members from each party are to be nominated. These nominated members then have to be elected from each state by the voters who have completed the age of 18 years and above. The elected members of the Electoral College have to assemble in the capital city of each station second Wednesday of December, and cast their votes to the Presidential and Vice-Presidential candidates. After the election is over, the Ballot Boxes which were brought from states are opened in front of the President Pro-Tempore [Senate Chairman] and the counting of votes takes place. The candidate who gets the majority votes is declared elected as President of the USA. The elected as President shall take the oath of office before the Chief Justice of the Supreme Court. He enters the White House office on 20th January at 12 noon and performs his functions as the President of the United States of America.

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Qualifications-Article-II Section [1] Clause [5] sets the qualifications. One must meet to be eligible to the office of the President. He must -

a. Be natural born born citizen of America.

b. Be at least 35 years old.

c. Have been permanent resident of USA for at least 14

years.

Along with these qualifications he shall be a person of good character, knowledgeof the condition, intelligence, skill etc. All these cany the post with prestige and respect.

Term of Office - The term of office of the President is for four years. He can also be elected for the second term. But according to the 22 Amendment adopted in 1951, prohibits a person from being elected to the presidency for a third term.

Oath of Office - Before entering office the President has to take oath of office that Ido solemnly affirm that Iwill faithfully execute the office of the President and will to the best of my ability preserve, protect and defend the constitution of the USA.

Presidential Sucession - Under Section 3 of 25th Amendment, the President may transfer his powers to the Vice-President, who then becomes acting President by transmitting a statement to the Speaker and President Pro Tempore, that the President is unable to discharge his powers.

Impeachment of the President - Article II Section [4] allows the House of Represntatives to impeach the President

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and high Federal Officers for treason, bribery, or high crimes and misdemeanors. Article I Section [3] clause 6 gives the Senate the power to remove impeached officials by 2/3 vote. The House impeached President Andrew Johnson in 1868 and Bill Clinton in 1998. But neither was convicted by the Senate. However Johnson was acquitted by one vote. On 9th August 1974 facing likely impeachment in the Watergate Scandal, Richard Nixon resigned from office.

Salary and Compensation -President gets the salary of 400,000 Dollors with 50,000 Dollors annual expense and 100,000 Dollors nontaxable travel account and 19,000 Dollors for entertainment. [2001]

White House in Washington D.C. is the official residence. 70,000 Square Feet Blair House near White House Complex is Prsident's official Guest House. The State car armoured built heavily, two Boeing VC-25 and Boeing 747-200B airlines for long distance travel. Marine Corps helicopter is used when he is aboard. US Secret Service is charged with protecting the President and his family.

Powers and Functions of the President -

President is the head of state and head of government of the United States of America. He leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.

Article II of the U.S. Constitution vests the executive power of the United States in the president and charges him with the execution of federal law, alongside the responsibility of appointing federal executive, diplomatic, regulatory, and

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judicial officers, and concluding treaties with foreign powers, with the advice and consent of the Senate. The president is further empowered to grant federal pardons and reprieves, and to convene and adjourn either or both houses of Congress under extraordinary circumstances. Since the founding of the

United States, the power of the president and the federal government have grown substantially and each modern president, despite possessing no formal legislative powers beyond signing

or vetoing congressionally passed bills, is largely responsible for dictating the legislative agenda of his party and the foreign and domestic policy of the United States. The president is frequently described as the most powerful person in the world.

1. Legislative Powers - Article 1 of the constitution provides legislative powers to the president. The first power the Constitution confers upon the president is the veto. The Presentment Clause requires any bill passed by Congress to be presented to the president before it can become law. Once the legislation has been presented, the president has three options:

1. Sign the legislation; the bill then becomes law.

2. Veto the legislation and return it to Congress, expressing any objections; the bill does not become law, unless each house of Congress votes to override the veto by a two-thirds vote.

3. During the sessions of the Congress he can send the

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4. Messages either in writing or orally. These messages are relating to public interest, international or other importance.

5. He can summon special session of the Congress if necessary..

6. He can make laws by promulgating ordinances during the recess of the Congress. The legislations made by the Congress are filled with President's explanations is called delegated legislation.

7. The president neither signs nor vetoes the legislation. After 10 days, not counting Sundays, two possible outcomes emerge:

■ If Congress is still convened, the bill becomes law.

■ If Congress has adjourned, thus preventing the return of the legislation, the bill does not become law. This latter outcome is known as the pocket veto.

In 1996, Congress attempted to enhance the president's veto power with the Line Item Veto Act. The legislation empowered the president to sign any spending bill into law while simultaneously striking certain spending items within the bill, particularly any new spending, any amount of discretionary spending, or any new limited tax benefit. Once a president had stricken the item. Congress could pass that particular item again. If the president then vetoed the new Legislation, Congress could

override the veto by its ordinary means, a two-thirds vote in both houses. In Clinton v. City of New York, 524 U.S. 417(1998), the U.S. Supreme Court

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ruled such a legislative alteration of the veto power to be unconstitutional.

2. Executive Powers - [Article 2] Perhaps the most important of all presidential powers is command of the United States armed forces as commander-in-chief. While the power to declare war is constitutionally vested in Congress, the president commands and directs the military and is responsible for planning military strategy.

The framers of the Constitution took care to limit the president's powers regarding the military. The President is to be commander-in-chief of the army and navy of the United States. It would amount to nothing more than the supreme command and direction of the military and naval forces. Congress provides a check to presidential military power through its control over military spending and regulation. Along with the armed forces, the president also directs U.S. foreign policy. ThroTigh the Department of State and the Department of Defence, the president is responsible for the protection of Americans abroad and of foreign nationals in the United States. The president decides whether to recognize new nations and new governments, and negotiates treaties with other nations, which become binding on the United States when approved by two-thirds vote of the Senate. Although not constitutionally provided, presidents also sometimes employ "executive agreements" in foreign relations. These agreements frequently regard administrative policy choices germane to executive power; for example, the extent to which either country presents an armed presence in

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a given area, how each country will enforce copyright treaties, or how each country will process foreign mail. However, the 20th century witnessed a vast expansion of the use of executive agreements, and critics have challenged the extent of that use as supplanting the treaty process and removing constitutionally prescribed checks and balances over the executive in foreign relations. Supporters counter that the agreements offer a pragmatic solution when the need for swift, secret, and/or concerted action arises.

3. Administrative Powers - The president is the chief executive of the United States, putting him at the head of the executive branch of the government, whose responsibility is to "take care that the laws be faithfully executed." The executive branch has over four million employees, including members of the military.

Presidents make numerous executive branch appointments: an incoming president may make up to 6,000 before he takes office and 8,000 more during his term. Ambassadors, members of the Cabinet,

and other federal officers, are appointed by a president with the "advice and consent" of a majority of the Senate. Appointments made while the Senate is in recess are temporary and expire at the end of the next session of the Senate.

The power of a president to fire executive officials has long been a contentious political issue. Generally, a president may remove purely executive officials at his discretion. However. Congress can curtail and constrain President's authority to fire commissioners of independent

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Regulator}' Agencies and certain inferior executive officers by statute.

The president has the power to direct the executive branch through executive orders. To the extent the orders are grounded in federal statute or executive power granted in the U.S. Constitution, these orders have the force of law. Thus, executive orders are reviewable by federal courts or can be rendered null through legislative changes to statute.

4. Judicial Powers - The president also has the power to nominate federal judges, including members of the United States courts of appeals and the Supreme Court of the United States. However, these nominations do require Senate confirmation. Securing Senate approval can provide a major obstacle for presidents Who wish to orient the federal judiciary toward a particular ideological stance. President may also grant pardons and reprieves.

Historically, two doctrines concerning executive power enabled the president to exercise executive power with a degree of autonomy. The first is executive privilege, which allows the president to withhold from disclosure any communications made directly to the president in the performance of executive duties. When Richard Nixon tried to use executive privilege-as a reason for not turning over subpoenaed evidence to Congress during the Watergate scandal, the Supreme Court ruled in United Stales v. Nixon, 418 U.S. 683 (1974). that executive privilege did not apply in cases where a president was attempting to avoid criminal prosecution. When

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President Bill Clinton attempted to use executive privilege regarding the Lewinsky scandal, the Supreme Court ruled in Clinton v. Jones, 520 U.S. 681 (1997), that the privilege also could not be used in civil suits. These cases established the legal precedent that executive privilege is valid, although the exact extent of the privilege has yet to be clearly defined. The state secrets privilege allows the president and the executive branch to withhold information or documents from discovery in legal proceedings if such release would harm national security.

5. Financial Power - Though the financial powers come under the scope of Congress, the President directly manages financial affairs of the government. Bureau of Budget prepares the budget and submits before the Congress. The President who manages the financial affairs of the government is called "General Manager of Finance".

6. Formulation of Public Opinion - The Presidential speech is so important that the people hear it with so much interest. Raio, television, news papers and public platforms takes initiative in spreading the speeches made by the President. Thus public opinion is formulated by the President through these mass media communications.

7. Legislative Facilitator - Representing the executive branch of government, the president cannot simultaneously hold a seat in Congress. Therefore, the president cannot directly introduce legislative proposals for consideration in Congress. The president, however, can take an indirect role in shaping legislation, especially if the president's political

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party has a majority in one or both Houses of Congress. For example, the president or other officials of the executive branch may draft legislation and then ask senators or representatives to introduce these drafts into Congress. The president can further influence the legislative branch through constitutionally mandated, periodic reports to Congress. These reports may be either written or oral, but today are given as the State of the Union address, which often outlines the president's legislative proposals for the coming year.

According to Article II, Section 3, Clause 2 of the Constitution, the president may convene either or both houses of Congress. If both houses cannot agree on a date of adjournment, the president may appoint a date for Congress to adjourn.

6. Ceremonial Role - As head of state, the president can fulfill traditions established by previous presidents. William Howard Taft started the tradition of throwing out the ceremonial first pitch in 1910 at Griffith Stadium, Washington, D.C.

Other presidential traditions are associated with American holidays. Thanks giving the president is presented with a live domestic turkey during the annual national thanks giving turkey presentation held at the White House.

During a state visit by a foreign head of state, the president typically hosts a State Arrival Ceremony held on the South Lawn, a custom begun by John F. Kennedy in 1961. This is

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followed by a state dinner given by the president which is held in the State Dining Room later in the evening.

Debate over the Rising Powers and Role of the Executive:

The executive is the primary and prominent organ of the government in terms of its importance. It has been playing its role much before attempts were made to organise the branches of government. Executive has been the manifestation of government. It has been performing its functions of executing the laws made by the Congress and also implementing the policies. The efficiency of the government depends on the effective implementation of its policies by the executive. It is the pivot round which entire administration of the state revolves. It includes all officials engaged in administration. However, executive refers to the head of the state and his secretaries. The compulsions of a welfare society, the pressure of an industrial society, and expectations from a positive state assign a variety of powers to the executive.

The powers of US President are rising day-by-day. As head of the state and the government he is playing the role of big brother all over the world. His powers are real and as such whatever the orders he gives have high importance. Therefore in the words of Sir Henry Maine. "The President of America not only rules but reigns". As the chief of the executive he performs dual role in the global political scenario by exercising too many powers. Prof. H. J. Laski was of the opinion that. President of America is like a King

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of England with position and prestige, and in the exercise of powers he is like that of the Prime Minister. The President is the leader of his party, representative of the people, head of the state and government and above all he is 'World Emperor.'

According to ex-President Woodrow Wilson, vtthe US President is not only the representative of one constituency but representative of the entire nation." Presidents like Jackson, Abraham Lincoln, John F Kennedy. F. D. Roosevelt, Ronald Reagan, Clinton, George Bush, and Barack Obama played their role effectively and through their impression proved that they were powerful in the world.

As head of the state and administration, he exercises control over the personnel service through the power of appointment, direction, supervision and removal of his subordinates. He maintains internal and external security of the country. Taking care of diplomatic relations with other countries of the world is so important and sacred function. Once, the budget is approved by the Congress, the executive exercises tremendous control over its expenditure through the departments. Law making comes under the domain of the Congress. But in practice the executive has enormous legislative powers. He also discharges some judicial responsibilities as well. The right of pardon or mercy is executive power. An analysis of the executive gives a clear picture of his dominance over the Congress and the judiciary. The executive is acquiring more and more importance owing to the emergence of welfare activities of

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the state. The executive may be called a multi functioning organ of the government. Therefore, rising powers of the executive has opened the door to perform his role in the world political map. In the words of Hewart, "The rising powers and the role of American executive led to a New Despotism".

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Chapter - 3

• American Judicial System

• Supreme Court - Composition and Jurisdiction

• Judicial Review

American Judicial System -

The USA is a federal state and the powers are distributed in between the centre and the states. Friction and problems between the both is common. The constitution has established the federal judiciary to sort out these problems. The judiciary also act as the custodian of the constitution. The adoption of separation of powers is the reason that the judiciary has got specific importance. Its purpose is to maintain checks and balances. Therefore, the responsibility is given to the federal judiciary to see that the three organs of the government function properly. In the federal system of America the Supreme Court performs very effective role. The judiciary in America is divided into constitutional courts and legislative courts. The constitutional courts are those courts which have been established under Article 3 of the constitution. It deals with cases and controversies. The legislative courts have been created by the Congress under the authority of the constitution to carry out the functions delegated to the Congress. The Supreme Court is the apex court in the American judicial system. It includes ii Circuit Courts or Courts of Appeal and 88 District Courts, Court of Claims, Customs Courts and Patent Appeals. Court of

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Appeals or Circuit Court stands between the Supreme Court and the District Courts which have appellate jurisdiction. The Supreme Court has the power to review the decisions of these courts. The pistrict Courts which are located in main cities of various states are original jurisdiction courts. The Court of Claims is a specialized court and considers the claims against the Federal Government. The Customs Court is specialised court which deals with appeals against valuations by Customs Department Officials. Appeals against the decisions of the Customs Court and the Patent Office go to the Court of Customs and Patent Appeals.

Organization of the Courts in the US - In the USA two

types of courts are functioning. They are federal and state courts. The Supreme Court deals with the subjects of Federal Government and the state courts deals with the state subjects. The organization of courts America is as under.

1. The Supreme Court.

2. State Courts.

3. District Courts.

4. Special Courts.

1. The Supreme Court -

Composition -The Supreme Court is the Apex Court in the USA. The US constitution provides for the Supreme Court. It was formally launched under the Judiciary Act, 1789. Initially, the Court started functioning in New York but later moved to Philadelphia and finally to Washington. Originally the court had one Chief Justice and five other judges. From 1869 there are one Chief Justice and eight other judges.

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The judges are appointed by the President subject to the Senatorial approval.

Qualifications - The constitution has not fixed any special qualifications to become a judge. But according to the rules certain qualifications have been fixed.

1. Must be the citizen of the USA.

2. Expert in law or must have served as law professor.

3. Good social character.

Appointments -The judges of the Supreme Court are appointed by the President but confirmation of the Senate is a must. The Senate can reject the appointments made by the President. Therefore The President cannot appoint them according to his will.

Term of Office - The term of office of the Supreme Court judges mainly depends upon their behaviour than the term. They can serve according to their willingness and can get two types of retirement benefits. Those are -

1. They can serve from 65 to 70 years of age [15 years].

2. They have to serve minimum 10 years at the age of 70.

3. They can opt voluntary retirement.

Impeachment -The judges hold office for good behaviour. The only way to remove the corrupt judges is to initiate impeachment proceedings. If both the Houses of Congress approve with 2/3 majority and the President gives his consent such of the judges can be impeached.

Salary and Dearness Allowances - Chief Justice of the Supreme Court gets the salary of 62,500 Dollars and other judges 62,000 Dollars per annum and in addition they are eligible to get dearness allowances according to the changing conditions. After retirement they also get pension. Sessions - The Supreme Court begins its regular sessions in October every year and adjourns for summer break in May or June. It meets from Tuesday to Friday every week. Monday's are reserved for announcing final judgements in the presence of the public. The cases are heard on the remaining four days. The judges confer on Saturday morning to review the cases heard during the week. The daily sittings commence at noon. When the daily sittings begins at noon, judge led by the Chief Justice arrive in the Court Room. They sit in strict order of seniority, with the Chief Justice sitting in the Centre. The judges use the hearings for seeking clarifications from the lawyers of the parties concerned. The quorum required for the court to function is six judges. The decisions arrived at by simple majority of the judges. Later the verdicts of the Supreme Court are published in the report of the USA.

Jurisdiction of the Supreme Court-

Article 3 [2] explains about the jurisdiction of the Supreme

Court. Its jurisdiction is divided into two parts, such as

Original Jurisdiction and Appellate Jurisdiction.

1. Appellate Jurisdiction - The following cases come

under the original jurisdiction of the Supreme Court.

a. The cases involving ambassadors, public ministers and

councillors.

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b. The disputes between the federal and state governments,

between two or more states, state and the state, state and the

foreign country. Thus, very little business comes to the court

under its original jurisdiction.

2. Appellate Jurisdiction - Most of the cases that are

brought before this court come in the form of appeals

against the decisions of the Circuit Courts of Appeals or

against the verdict of the highest state courts. Decisions of

the Supreme Court are final and no appeal lies against its

decisions.

Following cases come under its appellate jurisdiction.

a. The laws made by the federal and the state legislatures are

against the constitution and the agreements made by the

President with foreign countries.

b. The enquiry against the appeal made to void the federal

laws or agreements.

c. The Supreme Court has the power to review the verdicts

given by the state courts also come under the appellate

jurisdiction.

d. It can enquire the appeals made against the federal courts.

Judicial Review -

The Supreme Court's power of judicial review is associated with the right of highest judicial authority of the state to decide whether or not the laws passed by the Congress and the state legislatures are in accordance with the fundamental law of the Land or the constitution. In case, the court is satisfied through proper legal investigation that the law in question or any provision thereof are violative of the letter

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or spirit of the Constitution, it can declare that law or any portion thereof null and void or ultra vires the constitution. In fact, the constitution is and must be regarded by the judges as a fundamental law. Therefore, it belongs to them to ascertain its meaning or any Act which proceeds from the legislative body. The doctrine of judicial review finds its expression in the Federalist Papers and the Judiciary Act 1789.

Chief Justice Marshall's verdict in Marbury v/s Madison [1803] case was the real starting point. The circumstances of the case are simple and interesting. John Adams, who was the President, lost the

Presidency election to Thomas Jefferson in 1801. But before leaving the office appointed a number of his friends to judicial positions. Marbury was one of the recipients of the above favour and he was appointed as Justice of Peace for the District of Columbia. The new President, Jefferson, and his Secretary of State, Madison, decided not to deliver Marbury*s commission to him. Marbury made an appeal directly to the Supreme Court to issue a writ of Mandamus [a writ requesting a public official to perform a specific act] under Section 13 of the Judiciary Act of 1789. Chief Justice Marshall found himself in a difficult situation as it was Chief Justice Marshall who in his earlier assignment had failed to deliver the commission and had thus started the dispute. Further he knew that if he allowed the writ administration would ignore it and the Court's helplessness would be exposed. If he ^disallowed the writ, the Court would lose public sympathy and respect. He solved the problem by judiciously balancing

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the issues involved. He criticized Jefferson's administration for not delivering the commission to Marbury, but he disallowed the petition on the ground that the Supreme Court had no original jurisdiction in the case and Section 13 of the Judiciary Act of 1789 which allowed original jurisdiction was unconstitutional. Chief Justice Marshall maintained that the Court had original jurisdiction only in two types of cases such as one involving ambassadors, public ministers, and consuls and the other in which state is a party. In this case the Supreme Court had asserted its right of judicial review over legislative enactments. Marshall had established the doctrine of judicial supremacy by anchoring it in a decision which the executive could not challenge because the final result was in its favour. Chief Justice Marshall enunciated four principles in his judgement.

1. The constitution is a written document that clearly defines and limits the powers of the government.

2. The constitution is a fundamental law and superior to ordinary enactments.

3. An act of the legislature contrary to the fundamental law is void and therefore cannot bind the courts.

4. The judges take the oath to uphold the constitution and that if the laws passed by the Congress and the President are against the constitution they have the power to declare them unconstitutional.

After the verdict on the case with reference to Marbury v/s Madison, the Supreme Court has been exercising the principle of judicial review till today. The Supreme Court

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has exhibited its sovereign power of judicial review and declared more than 240 acts of the Congress invalid. Therefore the Supreme Court is regarded as the 'able third chamber'. Though there are criticisms

about the Supreme Court's power of judicial review, so far it has performed its function successfully. The power of judicial review is the original jurisdiction of the Supreme Court is the important contribution to the American Political Science. Mr. Finer defined that "The Supreme Court is cement in the formation of American federal system".

2. The State Courts -

The State Courts are also called as Courts of Appeals or second rank of courts. There are about 12 Courts of Appeals in the USA. The entire country is classified into 13 provincial sections. Each section has the one Court of Appeals. But Columbia which has more number of cases and as such it has two Courts of Appeals. These courts are the subordinate courts of the Supreme Court. Here every court consists of 3 to 9 judges. The judges of these courts are appointed by the President with the approval of the Senate. These courts conduct the hearings against the verdicts given by only the District Courts. Important cases are transferred to the Supreme Court.

3. District Courts - The District Courts in the USA are very

lowest courts. There are 90 District Courts in entire country.

In each court has one judge to perform the functions. They

are appointed by the President with the approval of the

Senate. The rule provides that every state must have one

District Court.

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Jurisdiction of the District Court -

a. Cases relating to the violation of Federal Laws.

b. Action taken by the government against the citizens.

c. One state government which makes a serious note against

the citizens of another state.

d. The disputes between the citizens of two or more states.

e. Complaints about the laws relating to the Federation.

Special Courts - Some of the Special Courts have been

established in the USA which deals with the cases pertaining

to Tax. Tariff Child Crimes, and Patent Rights etc.

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Chapter - 4

• Political Parties and Pressure Groups

• Political Parties - Nature and Functions

• Pressure Groups - Nature and Functions

Nature of Political Parties -

Both democracy and political parties go hand in hand and depending upon each other. Political parties are so essential for the success of democratic government. No democratic form of government can function effectively without the political parties. America has dual party system. They are Democratic Party and Republican Party. Lord Bryce said about the nature of American political parties like this, "The two American political parties are like two bottles of wine with different labels but two bottles contain the same wine". It means programmes and manifestos of both the parties are one and the same. In the words of Finer, "America has only one party that is Republican cum Democratic". The following factors are relating to the nature of political parties.

1. Extra Constitutional Growth - Political parties in the USA have grown without constitutional recognition. The presidential form of government and the indirect election of the president were provided to keep the political parties away from politics.

However, the political parties have been given statutory recognition. The laws of both the Congress and the States

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have been passed to regulate the membership, organizational activities and finances of the political parties. Their activities go far towards making Federal and State government function as they do. But they themselves are not government organs.

2. Dual Party System - The USA had two major political parties throughout its history. Samajwadi party, Communist party and religious organizations have not found success so far. Of course, third political parties in American national politics have played the role of innovators of policy and not holders of office.

3. No Theoretical Differences - There is no theoretical differences between the two parties. Both the parties upheld capitalism and regulated free enterprise. The major difference between the two is that one party is in power and the other is not.

4. Geographical and Traditional Differences - The two American parties have their strength in respective areas. The Democrats have more strength from the agriculturists and Republicans from the industrialists. The Democrats are more firmly entrenched among poor sections of the society than the Republicans.

5. Priority to Local Problems - The bed-rock of party organization is that they give priority to local problems. Local party machinery is concerned primarily with local issues. Even the candidates elected to the Congress and the state offices are concerned with local problems rather than national problems. The parties are effective instruments for getting their candidates elected and collecting the spoils of

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office but they are not effective instruments for running the government.

Organization of Democratic and Republican Parties -

Two points deserve attention regarding the organization of

political parties in America. Firstly, both the main political

parties have identical party organization. Secondly, in view

of the federal character the organization can be divided into

national and state units. The organization of the two major

parties is more or less similar.

As Prof. Laski said, "The National Committee cannot

effectively control the state committee and the Ste

Committee cannot control the County and City

Committees".

According to Ogg and Ray-'There is no unity in the parties

as the National Committee has no power to control the

County and City Committees. The structure of these parties

at the local, state and national levels follows the same

pattern".

National Level Organization -

Both the political parties hold their separate plenary sessions once in four years. It is called the National Convention. It is usually attended by about 500 delegates and alternate delegates. The chosen delegates of the party from different states participate in the convention. These conventions are held some time July or August in the presidential election year. The delegates deliver long speeches, and lot of heat is generated. The city where the convention is held wears a festive look. The presidential and Vice - Presidential

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candidates are chosen in this convention. The platform or the program of the party also is discussed here.

National Committee -

This is a working committee of the party. It manages the day-to-day working of the party. Every area or state party unit is represented by two members -one lady and one gentleman who are chosen by the state delegates. The National Committee functions through Congressional Campaign Committee and the Senatorial Campaign Committee. These two sub committees are responsible for convening the national convention, collection of funds, fixation of number of delegates from the states and regulation of election campaign to the two Houses of the Congress. Each party has a National Chairman who is elected by the National Convention for four years. But the Presidential candidate of the party concerned suggests the name of the party chairman. Actually, president functions as the de facto head of the party organization.

Functions of National Committee -

a. Preparation and fixation of national convention

programmes.

b. Selection of election campaign committee.

c. Selection of candidates for the posts of President and

Vice-President.

d. Writing party literature, arranging speeches of prominent

persons.

e. Collection of party funds for campaign purpose.

•f. Selection of Council members.

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g. Formulation of election techniques.

This Committee begins its functions during the time of

presidential election.

Sub-Committees -

The National Committee has sub committees as well. They

are -

• Executive Committee

• Finance Committee

• Campaign Committee

• Speech Committee. Congress Campaign Committee -

This committee has the responsibility to see that more number of Congress members have to be elected from their party. The Campaign Committee of the House of Representatives consists of 50 members one from each state. Likewise Senatorial Campaign Committee consists of 7 members. It gets financial assistance from the National Committee. State Committee -

At the state level, a State Central Committee is formed by each party. It consists of the members who are elected from Districts. One among them is elected as President. Its functions are as under -

• Party organization

• Campaign during election

• Collection of funds

• Selection of speakers

• Providing party manifesto

• Supervising party functions.

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Local Organization -

At the bottom of the structure is the local organization. It is divided into four regional committees. They are - a] The Precinct Committee, b] The Ward Committee, c] The Town Committee, d] County Central Committee.

a] The Precinct Committee - It comprises 500 voters and a Chairman. The main function of this committee is to maintain constant touch with the area people.

b] Ward Committees - There are Ward Committees in the urban areas, which coordinate and supervise the working of several Precinct Committees within their jurisdiction.

c] Town Committees - These committees coordinate the work of several Ward Committees.

d] County Central Committee - It covers several urban and rural areas. It guides, controls and coordinates the activities of the committees within its jurisdiction. This committee is headed by an influential party worker.

Functions of Political Parties -

The American political parties perform the aforesaid functions as explained by Ranney and Kendel.

1. Selection of Candidates for Election - First function of American political parties the selection of candidates for the election of various public posts. Both the political parties select Presidential, Vice-presidential, Senate and House of Representatives candidates at the time of respective elections.

2. Organizing Elections - The political parties are required to present alternatives before the electorate. They spell out

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their political programmes, announce party candidates for various offices, and thus make the electoral process work. The parties are continuously engaged in the electoral process and have made the system based on separation of powers workable.

3. Organizing Government - the candidate who wins the presidential election has an important role in organizing a new government though the President- elect is given wide discretion to organize the new administration. On the legislative side, the party continues to have good say in filling up a number of vacancies in the congressional committees.

4. Democratising the Constitutional System - The political parties play an important role in democratising the presidential system. With the emergence of party system some of the devices, such as discretion with the presidential electors were nullified and the presidential election became truly democratic as people rather than the electors chose the President.

5. Nurturing Consensus - America is a vast country and

there are number of natural factors which divide people. The

political parties perform a number of functions which really

nurture national consensus. They bring all Americans to the

national mainstream. They work for the eradication of all

types of discriminations in society. They promise to remove

hardships of various groups. They minimise ideological

conflict by combining them into a single programme. They

moderate the formal structure of the government by bringing

people closer to the political process. They try to protect the

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interests of all the groups. The success achieved by the two main parties may be seen from the fact that third parties have not succeeded in making any impact on the system. Ferguson and McHenry have rightly stated - "Third parties in American national politics have played the role of innovators of policy, not of holders of office".

Pressure Group in America -Nature of Pressure Groups -

However significant the role of political parties may be, there are many pressure groups in the process of governing the country. These groups represent various socio-economic interests. They use to bring pressure upon the local, state, national governments and the political parties to implement their programmes and serve their interests. Each pressure group seeks to make its own programme or issue a government policy.

These groups draw up their programmes and seek to achieve it by influencing elected and appointed officials. The pressure groups do not name candidates, because they are special interest organizations representing only a minority of the citizens on one or few issues. Their purpose is to influence specific policies, rather than to achieve control over the government as a whole. The Irish writers define that "The American pressure group is an organized attempt to influence government policy decisions without contesting elections. They are based on the constitutionally guaranteed freedom of assembly and petition".

There are various types of pressure groups in the USA. Some of them concentrate at state or local level and others

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devote their time at the national level. Some groups have sound financial resources, others have many members. Some are fortunate enough to have both. Most of the groups have regular offices in Washington and the state capitals. They have regular paid employees whose duty is to conduct the propaganda, contact legislators, civil servants and other officials and seek maximum advantage to serve the interests. The objective of these groups is to influence the members of the Congress and other officials and carry their propaganda through news papers, books, advertisements, radio-television and other media of mass communication. They help in the formulation of public opinion on specific issues. Through the tactic of lobbying they try to influence the legislators to translate their programmes in to action. The pressure groups are very active during national and local elections. It is true that pressure groups are playing an active and significant role in the American politics. The Americans have been described as joiners and organizers. Thev form pressure groups and seek solution of all their problems through them. They have actually become the 'Anonymous Empire'.

Important Pressure Groups - The United States of America has the following prominent pressure groups.

1. National Petroleum Association.

2. American Bankers Association.

3 National Association of Manufacturers. 4. chamber of Commerce.

5 American Federation of Labour.

6 The American Veterans Committee.

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7. American Medical Association.

8. United Federation of Postal Clerks.

9. American Legion.

10. National Housing Conference.

11. National Federation of Independent Business.

12. National Farmer's Union.

13. Committee for Automobiles, Excise Tax Repeal.

14. Brotherhood of Locomotive Fireman and Engineman.

15. Labour organization.

This list of pressure groups shows that they are organized not on regional, but on professional or economic considerations.

Lobbying -

The term lobbying is used to indicate the technique of establishing contacts with the members of Congress and state legislatures to influence them to vote for or against the interest of the pressure group. The lobbying and the pressure politics is no monopoly of the USA. But their role in that country is more assertive than other countries. Pressure groups, very often engage ex-members of the Congress to influence the sitting legislators. They are familiar with the lobbying techniques. There are several hundred lobbyists working permanently in Washington. Congressmen use much of their time at the behest of groups and individuals. They urge administrative officers from the President down to go easy on enforcing certain laws, to enforce others vigorously and so on.

By 1829, the term 'lobby-agents' was used to favour seekers in the capital of New York. By 1832, it had been shortened

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to lobbyists and was widely used in the American capital. The lobbyists build contacts with the Congressmen 'dog their foot steps' and try to influence their decisions and votes. Generally they seek to promote the legitimate interests of the group, but sometimes indulge in selfish game also. In some cases bribery-direct or indirect and blackmail are also made use of to influence the legislators. In recent years legislative provisions have been made to curb the pressure politics and lobbying but it is not yet achieved. As such political parties, pressure politics and lobbying have become parts of American political system. Dr. Jeane Kirkpatrick has defined that "Lobbying is a quite simply the representation of interests in which political decisions are made. Lobbies are interest groups that make demands on government". Regarding the nature of lobbying she has explained "Lobbies may be a vehicle for the representation of interests, and people with suitcases with full of money". Most of the American pressure groups have been economic in character. The Labour Pressure Groups represent organised labour in elections and in the Congress. The Business Pressure Groups represent the interests of industry. Several other groups have been emerged to focus on social activities. For instance - The National Council for Christians and Jews and The United Methodists. Thus every major community has its own lobby.

The common belief is that the pressure groups have an impact only on the legislative process. They are very active during national and local elections. The French scholar Alexis de Tocqueville had once said that if three Americans

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are together in a room they would form an organization. It is true that the Americans are joiners and organizers. They form pressure groups and seek solution of all their problems through them.

Functions of Pressure Groups -

American pressure groups perform some of the following functions.

1. Taking part in the process of governing the country.

2. Try to bring pressure upon the national, state and local governments and also upon the political parties to implement their programmes and serve their interests.

3. They try to seek for making their own programme or issue a government policy.

4. Draw up their programmes and seek to achieve it by influencing elected and appointed officials.

5. Try to influence their specific nolicies.

6. They try to achieve their objective by influencing

members of the Congress and other officials. They carry

their propaganda through news papers, books,

advertisements, radio-television and other media of mass

communication.

7. They help to formulate public opinion on specific issues. Through lobbying tactics they try to influence the legislators to translate their programme into action.

8. They conduct election propaganda, contact legislators, civil servants and other officials and seek maximum advantage for the interest that they serve.

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9. They try to control every unit of the government and bring under their influence the political parties and their nominees for elective offices by giving them assistance -financial or otherwise.

*

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Chapter - 5

• Public Opinion in America

• Importance of Public Opinion

• Agencies of Public Opinion

Importance of Public Opinion

Public opinion has become an important concept in the American political system. The government will function effectively and carefully only when the people express their opinion freely. We can very well understand this during the time of general elections. Public opinion is the opinion given by the majority people on any issue. In brief, public opinion means total opinion of the public. Finer said that public opinion is the reflection of positive factors and belief and will of the people. Democratic government mainly depends upon the public opinion. It is inevitable for every politician and political party to get the shelter of their people. Political party gets the support of people only when it backs popular policies and programs. Therefore public opinion is essential for the success of political system. Political parties spend huge amount of money for the purpose of formulating public opinion. Every political decision and party program depends upon the strength of public opinion. America is a free society where people express their opinion freely and select any party government as they wish. In the presidential election of 1976 public opinion played an important role though Mr. Jimmy Carter

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was not attractive person, but he came to know the pulse of the pressure groups and collected strong public opinion at the time of campaign during presidential election. Hence he got elected as President of the United States of America. After Camp David, Jimmy Carter tried to get the support of the people by making an appeal courageously through 'Energy Proposal.' But he lost the support of public opinion in 1979. According to the opinion poll conducted by 'Time's Magazine' only 10 percent of the people were expressed confidence in Jimmy Carter. But 12 percent people expressed their opinion that Jimmy Carter will come with his ability. At the time of public interview 12 percent of the people thought that only Jimmy Carter is a strong leader. As a result even in the election of 1980 he was defeated because public opinion was against him. People of America felt strongly that Jimmy Carter is unable to lead the economic condition of the country. Film actor Ronald Reagan, promised to reduce public expenditure. He came to power and implemented many reforms. People started opposing his two major policies, firstly, supply of arms to Pakistan and secondly, the establishment of chemical instruments production

factory. As a result of this gradually he started losing the shelter and grip of public opinion. So with the above explanation, we come to know how public opinion has occupied important place on the land of America.

Political parties and pressure groups play an important role in moulding public opinion. Therefore, importance of public opinion can be gauged very well.

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Agencies of Public Opinion -

In the United States of America a huge amount of money is spent and the campaigning techniques are used for the formulation of public opinion. Following are the agencies formulating public opinion.

1. Political Parties - Political parties are important agencies

of public opinion. Political parties are very active and in

close touch with the masses. They are called as brokers of

ideas. Their sole purpose is to win the confidence of the

people. Political parties provide an effective means for

organized expression of views on vital questions of public

policy. The parties educate the voters with the help of

propaganda in conducting meetings, public speeches,

distributing pamphlets, pasting posters and campaigning

through media. By using all these tactics they attract the

attention of public opinion to their side. During the election

time they are busy m formulating public opinion by using

various techniques from the beginning to an end. Bosh

Democratic and Republican parties try their level besi try ty

formulate public opinion in large scale.

2. Associations - The Associations play an important role in the formulation of public opinion. Worker's Federation of America. Trade Unions, National Manufacturers Association, National

Educational Association, political committee, etc, are considered as important agencies in formulating public opinion.

3. Public Platform - Public opinion is formulated by platform as well. The eminent persons can express their views at public meetings and influence public opi

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While addressing the gathering, the speaker will express about the public problem lucidly and clearly. He can conveniently touch public sentiments and feelings by means of emotions and gestures. Therefore, public platform has become one of the agencies of public opinion.

4. Press [News Papers] Press is the most powerful and effective agency in formulating public opinion. Press includes news papers, periodicals, journals, pamphlets, leaflets, and other printed literatures. In the words of Walter Lippman - "Newspaper is the bible of democracy". Press is formative and informative of public opinion.

5. Educational Institutions - Educational institutions play an important role in the formulation of public opinion. The students are trained up in schools, colleges and universities are greatly impressed upon the future course of their life. In fact, these institutions prepare the citizens of tomorrow. With the help of good educational institutions they get good education and develop a sense of oneness by forming strong public opinion.

6. Radio, Television, Cinemas - Radio, Television and Cinema are also considered as agencies of public opinion. In America television was first introduced in 1944.

7. Legislatures - In the United States of America the Federal Congress and state legislatures are the important agencies in formulating public opinion. The debates and discussions provide an opportunity to the public to express their opinion. Members of the ruling and opposition parties try to formulate public opinion by attracting the attention of the public.

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Swiss Government

• Constitution

• Historical Background

• Salient Features

Swiss Constitution Historical Background

Switzerland is located in the middle part of Europe has adopted direct democracy. It is surrounded by France. Italy, Germany, and Australia. 60 percent of its territory is filled with mountains and valleys. It is an independent country where people are speaking different languages. It is famous for small scale industries and banking sector, but the rate of agriculture is very less. Politicians from various countries have deposited their illegally earned money in Swiss Bank, whose bank account code number has been kept secret. Watches that are manufactured here have world- wide market. There are steel, textiles, chemicals, drugs and other industries. Territory is 41.293 square kilo meter. Capital -Berne. Population- 7.2 million. Romansh. Italian. German and French are common languages. Literacy is 99 percent. Christianity is its religion and its currency is Swiss Franc.

Constitutional Development -

The landlords established 'Perpetual League" to protect Yuri, Sachwise and Waldane Cantons. They retained their sovereign power, but some of the Cantons which joined the federation according to Westphalia agreement, were

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recognized as independent states. In response to the French

Revolution Swiss Confederation was taken over by French

Army and drafted the Helvetic Constitution. Accordingly.

France formed the centralized Government. Because of this

the Cantons lost their autonomy. The Swiss people protested

this constitution which was forcibly implemented.

According to the Mediate Law of 1803 the Cantons got

autonomy and Switzerland became Federal State.

Vienna Congress of 1805:

With the defeat of Nepolean, Switzerland drafted a new

constitution according to the guidelines of Vienna Congress

in 1805. The Cantons got more and more autonomy because

this constitution provided weak government. In 1848, civil

war took place between the Catholic and Protestant groups.

Therefore, Swiss people demanded for the formation of

strong central government.

The Constitution of 1848:

The Diet Committee drafted the Constitution of 1848 was

accepted by the Cantons. According to this constitution,

though the Federal Government was real one had deficiency

of power. Therefore, again the constitution was drafted in

1874.

The Constitution of 1874:

This Constitution came into force on 29th May, 1874. The

Swiss people continued with this constitution till 1998. The

new constitution was once again drafted in 1998.

The Constitution of 1998:

The draft of a new constitution was completed on 18th

December. 1998, which was then approved by the Federal

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Parliament on 29th September, 1999. This new constitution came into force on 1st January, 2000. At present, Switzerland is continuing with the 1998 Constitution. It has implemented direct democracy and direct law making process. It has 20 full Cantons and 6 half Cantons with Federal Government. Some of the features of the constitution of 1874 are still in force. Preamble of the Constitution

In the name of God Almighty, We the Swiss People and Cantons, whereas, we are mindful of our responsibility towards creation; resolved to renew our alliance to strengthen liberty and democracy, independence and peace in solidarity and openness towards the world; are determined to live our diversity in unity respecting one another are conscious of our common achievements and our responsibility towards future generations and know that only those remain free who use their freedom, and that the strength of a people is measured by the welfare of the weakest of its members; now, therefore, we adopt the following Constitution. Purposes [Article 2]:

a. The Swiss Confederation shall protect the liberty and the

rights of the people, and shall ensure the independence and

security of the country.

b. It shall promote the common welfare, the sustainable

development, the inner cohesion, and the cultural diversity

of the country.

c. It ensures equal opportunities for all citizens to the extent

possible.

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d. It secures the long- term preservation of natural resources and to promote just and peaceful international order. Cantons - Article 4 provides that the Cantons are sovereign insofar as their sovereignty is not limited by the Federal Constitution, they shall exercise all rights which are not transferred to the Confederation.

Salient Features of the Swiss Constitution -

1. Swiss Confederation [Article -1] The Swiss people and

the Cantons of Zurich, Berne, Lucerne, Uri. Schwyz,

Obwald and Nidwald, Glarus, Zug, Fribourg, Solothurn,

Basel City and Basel Land. Schaffhausen, Appenzell Outer

Rhodes and Appenzell Inner Rhodes, St. Gall, Grisons,

Aargau, Thurgau, Ticino, Vaud, Valais, Neuchatel, Geneva,

Jura etc form the Swiss Confederation..

2. Written Constitution- The present constitution of

Switzerland is also written one with 197 Articles. All the

provisions of the constitution are in a written form. This

constitution is two times bigger than the U S constitution.

Felix Bonozer has rightly viewed "Swiss Constitution is a

political laboratory for other countries of the world". Every

subject of the state has been incorporated in the constitution.

3. Federal Government - Switzerland is a Federal State

with Confederation. There are 20 full Cantons and 6 half

Cantons having their own governments. Switzerland has

adapted Federal Constitution with the establishment of

permanent federation. The Federal Government has the

power on the items such as war. economic crises, expansion

of social services, mechanical and technical revolution etc

and the residuary powers are with the Canstons.

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4. Rigid Constitution - Swiss constitution is rigid in its

nature and hence amendment procedure is difficult one. For

amending the constitution two methods are followed. They

are as under-

a. Popular Initiative - Article 138 and 139 provides for full

or partial review of the constitution or 100,000 voters have

to agree by signing the petition. It means people have to give

the initiative to the government and the government will do

accordingly.

b. Popular Referendum - Article 140, 141, 142 provides

for taking major political decisions. Referendum system

provides an opportunity to the people to take part in the law

making process. The law makers have made to think always

about referendum. The law made by the Parliament or

amendment to the constitution is presented before the voters

for approval or rejection itself is called referendum. At least

50000 voters or eight Cantons have to give their approval.

Referendum is of two types -one is optional and the other

mandatory.

5. Plural Executive - Swiss Confederation has plural type

of executive. The Federal Council is the highest governing

and executive authority of the Confederation. It consists of

seven members who are elected by the Federal Parliament

for four years term. Chairman of the Federal Government is

the President of the Confederation. One among the seven

members is elected as President of Confederation and

another as Vice-President of the Federal Government for a

term of one year. All the seven members is a collective body

and take the decisions collectively. .

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6. Bi-cameral Legislature - The Constitution of

Switzerland provides bicameral legislative system. The

Federal Parliament consists of two Houses, the National

Council and the Council of State. Council of States is the

Upper House which has 46 members and the National

Council is the Lower House which has 200 members.

7. Rights and Duties - Articles from 7 to 36 of the Swiss Constitution provides rights and duties to its people. Such as Right to maintain human dignity, equality before law, protection against arbitrariness and principle of good faith, right to live and personal freedom, protection of children and young people, right to aid in distress, right to privacy, right to marriage and family, freedom of religion and philosophy,

freedom of opinion and information, freedom of media, freedom of language, right to primary education, freedom of science, art, assembly, association, domicile, protection against expulsion, extradition, and removal by force, right to property, economic freedom, freedom to unionize, general procedural guarantees, guarantee of legal proceedings, judicial proceedings, habeas corpus, criminal procedure, right to petition, political rights, realization of fundamental rights, and limitations on fundamental rights.

8. Citizenship -Articles 37 to 40 of the Swiss constitution provides that every person who has the citizenship of a Municipality and of the Canton to which it belongs, has Swiss citizenship. No person shall enjoy a privilege or suffer prejudice because of his or her citizenship. Exceptions are there to regulate political rights in bourgeoisies and corporations, and provide for participation in their assets,

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unless cantonal legislation excludes this. The Confederation shall regulate the acquisition and the loss of citizenship through descent, marriage, and adoption. It shall set minimum requirements for the naturalization of foreigners by the cantons, and grant naturalization permits. It shall facilitate the naturalization of stateless children. The Confederation shall regulate the exercise of political rights in federal subjects. The Cantons shall regulate the exercise of rights in cantonal and municipal matters. No person shall exercise political rights in more than one Canton. Every person has to get three types of citizenship compulsorily such as national, cantonal and municipality citizenship. 9. National and Official Languages — Article 4 provides that German. French. Italian and Romansh languages as national languages.

Article 70 provides that the official languages of the Swiss Confederation are German, French and Italian. Romansh shall be an official language for communicating with persons of Romansh language.

The Cantons shall designate their official languages. In order to preserve harmony between linguistic communities, they shall respect the traditional territorial distribution of languages, and take into account the indigenous linguistic minorities. The Confederation and the Cantons shall encourage understanding and exchange of their particular tasks. Confederation shall support the measures taken by the Cantons of Grisons and Ticino to maintain and to promote Romansh and Italian languages.

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10. Rule of Law - Article 5 provides that the state's activities shall be based on and limited by the Rule of Law. State activity must be in the public interest and proportional to the goals pursued. State organs and private persons must act in good faith. The Confederation and the Cantons shall respect international law.

11. Social Goals and Responsibility - Article 41 provides that-

1. The Confederation and the Cantons shall strive to ensure that, in addition to personal responsibility and private initiative.

a. Every person shall be benefitted from social security.

b. Every person shall be benefitted from necessary health

care.

c. The family of adults and children shall be protected and

encouraged.

d. .Every person capable of working shall sustain himself or

herself through working under fair and adequate conditions.

e. Every person looking for housing shall find, for himself

or herself and his or her family, appropriate housing at

reasonable conditions.

f. Children and young people and people of working age

shall be benefitted from education according to their

abilities.

g. Children and young people shall be encouraged in their

development to become independent and socially

responsible persons and they shall be supported in their

social, cultural, and political integration.

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2. The Confederation and the Cantons shall strive to ensure that every person shall be insured against the economic consequences of old age, illness, accidents, unemployment, maternity and widowhood.

3. They shall strive to realize the social goals within the framework of their constitutional powers and with the means available to them.

12. Relations with Foreign Countries [Article 54] Foreign

Relations are a federal matter. The Confederation shall

strive to preserve the independence of Switzerland and its

welfare. It shall contribute to alleviate need and poverty in

the world and to promote respect for human rights.

democracy, peaceful coexistence and the preservation of

natural resources. It shall take into consideration the powers

of the Cantons, and shall protect their interests.

[Article 55] The Cantons shall take part in the preparation of decisions on foreign policy which concern their powers or their interests.

[Article 56] The Cantons may conclude treaties with foreign countries within the scope of their powers. The Cantons may deal directly with lower ranking foreign authorities. The relations with foreign countries shall be conducted by the Confederation acting on their behalf.

13. National Security and Civil Protection - [Articles 57,

58,59,60,61]-

[Article 57] The Confederation and the Cantons shall ensure, within the framework of their powers, the security of the country and the protection of the population. They shall coordinate their efforts in the internal security.

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[Article 58] Switzerland shall have an army. The army shall be organized as a militia. The army shall contribute to prevent war and to maintain peace. It shall defend the country and protect its population. It shall support to the civil authorities during serious threats to internal security. The army is a federal matter. The Cantons may engage their troops to maintain public order on their territory. [Article 59] Every Swiss person must render military service. The statute shall provide for an alternative service. For Swiss women, military service is voluntary. Swiss men who render neither military nor alternative service owe a tax. This tax is levied by the Confederation and is assessed and collected by the Cantons. The Confederation shall legislate on fair compensation for loss of income. Those who render military or alternative service and thereby suffer health impairment or lose their lives, have the right for them or relatives to adequate support by the Confederation. [Article 60] Legislation on the military, the instruction, and the equipment of the army is a federal matter. Within the limits of federal law, the Cantons have the power to form cantonal troops, to appoint and promote the officers. The Confederation may take over military installations of the Cantons against fair compensation.

[Article 61] Legislation on civil protection is a federal matter. Civil protection has the purpose of protecting persons and property against the consequences of armed conflicts. The Confederation shall legislate on the intervention of civil protection in catastrophes and emergencies. The Confederation may make the civil

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protection service compulsory for men voluntary for

women. Those who render civil protection service and suffer

health impairment or lose their lives have the right for them

or relatives to adequate support by the Confederation.

14. Education, Research and Culture [Articles 62, 63, 64,

65,66,67.68,69,70,71]:

[Article 62] Education is a cantonal matter. Cantons shall

ensure primary education to all children. It shall be free and

compulsory in public schools. Schools shall begin between

mid-August and mid-September.

[Article 63] The Confederation shall legislate on

professional education. It shall operate technical universities

and establish other universities and colleges.

[Article 64] The Confederation shall encourage scientific

research. It may create, take over and operate research

institutions.

[Article 65] The Confederation shall collect necessary

statistical data and evolution of the population, economy,

society, territory, and environment in Switzerland.

[Article 66] The Confederation may grant subsidies to the

Cantons for the expenses that incur for scholarships and

other assistance towards education.

[Article 67] The Confederation and the Cantons shall take

into account children's and young people's special needs for

development and protection.

[Article 68] The Confederation shall promote sport

education, operate sport schools and to make sport education

compulsory in schools.

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[Article 69]Culture is a cantonal matter. The Confederation may support cultural activities of national interest and encourage art and music in the field of education. In accomplishing its tasks it shall take into account the cultural and linguistic diversity of the country. [Article 70] German, French, and Italian languages are the official languages of the Confederation. Romansh shall be an official language for communicating with persons of Romansh language.

[Article 71] The Confederation may encourage Swiss film production, film culture and the quality of cinematographic work through legislation.

15. Environmental Protection [Articles 73 to 80] The Confederation and the Cantons shall strive to establish equilibrium between nature and its use by man. The Confederation shall make law for the protection of man and natural environment against harm and nuisance and can avoid such influences. The polluters shall pay for the costs of avoidance and removal. The Cantons can implement regulations made by the Confederation. It can protect water resources, forest, nature and cultural heritage. It can make law for the protection of animals.

16. Federal Supreme Court -Articles from 188 to 191explains about Federal Supreme Court. It is an apex court in the country. Its organization and operation can be regulated through the law of the Parliament. Federal law, public international law, inter-cantonal laws, constitutional rights of the Cantons, autonomy of the municipalities,

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provisions of Confederation and Cantons and political rights come under the jurisdiction of this court.

17. Municipalities [Article 50] Autonomy of the Municipalities is guaranteed within the limits fixed by cantonal law. In its activity, the Confederation shall take into account the possible consequences for

the Municipalities. It shall take into account the special situation of cities, agglomerations and mountainous regions.

18. Cantons - The Cantons are sovereign insofar as their sovereignty is not limited by the Federal Constitution. They shall exercise all rights which are not transferred to the Confederation. They shall adopt a democratic constitution of its own which must be approved by the people and subject to revision if majority people so requires.

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Chapter - 1

• Federal Parliament

• House of Representatives and Senate -

Composition Power and Functions Law-making process

• Recent Challenges to the Swiss Parliament

Federal Parliament:

Swiss Parliament is bi-cameral in structure. The Parliament consists of two Houses such as House of Representatives and Senate.

Status of the Parliament [Article 148] - Subject to the rights of the people and the Cantons, the Federal Parliament is the highest authority of the Confederation. Both the Houses have equal powers.

House of Representatives! [Lower House] Composition and Election [Article 149] The House of Representatives shall be composed of 200 representatives of the people. They shall be elected directly by the people according to the system of proportional representation.

The House of Representatives shall be renewed in full every four years. Each Canton shall form an electoral District. The seats shall be distributed among the Cantons in proportion to their population. Each Canton shall have at least one seat.

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Senate [Upper House]:

Composition and Election [Article 150] The Senate shall consist of 46 delegates of the Cantons. The Cantons of Obwald, Nidwald, Basel City, Basel Land. Appenzell Outer Rhodes and Appenzell Inner Rhodes shall elect one Senator each, the other Cantons shall elect two members. The Cantons shall regulate the election of their members. Sessions of the Parliament [Article 151] - The two Chambers

shall meet regularly for sessions. The statute shall regulate the calling of sessions. One fourth of the members of a Chamber or the Federal Council may request that the Chambers be called to an extraordinary sessions. Presidency [Article 152] - It shall elect one as Chairman and the other as Vice- Chairman from amongst the members, for a term of one year. These mandates shall not be renewable for the following year.

Parliamentary Commissions [Article 153]- Each Chamber shall appoint commissions from its midst. The statute may foresee joint commissions. The statute may delegate certain powers that are no9t of a legislative nature to commissions. To fulfill their tasks, the commissions shall have the right to obtain information, to consult documents, and to conduct inquiries.

The statute shall define the limits of these rights. Parliamentary Groups [Article 154] Members of the Federal Parliament may form parliamentary groups. Parliamentary Services [Article 155] The Federal Parliament shall benefit from parliamentary services. It may call upon the services of the Federal Administration. The statute shall regulate the modalities.

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Separate Deliberation [Article 156] - The House of Representatives and the Senate shall deliberate separately. Decisions of the Federal Parliament shall require the approval of both Chambers. Joint Deliberation [Article 157] -

1. These House of Representatives and the Senate shall

deliberate in common as the Federal Parliament in joint

session under the chairmanship of the President of the

House of Representatives in order to -

a. Hold elections.

b. Rule on jurisdictional disputes between the highest

federal authorities.

c. To rule on petitions for pardon.

2. The Federal Parliament in Joint Session shall assemble

for special occasions, and to hear declarations of the Federal

Government.

Meetings to be Public [Article 158] Meetings of both the

Houses shall be public. The Senate may provide for

exceptions.

Quorum and Majority [Article 159] -

1. The Chambers may deliberate validly if the majority of its members are present.

2. The decisions are taken in both Chambers and in the Federal Parliament in Joint Session by the majority of those voting.

3. However, the majority of the members of each Chamber shall be required for the following -

a. The Declaration of urgency of Federal Statutes.

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b. Provisions granting subsidies, authorizing credit lines,

and establishing spending ceilings which cause new one¬

time expenditures exceeding 20 Million Swiss Francs, or

new recurrent expenditures exceeding 2 Million Swiss

Francs.

c. An increase of the total expenditures in case of

extraordinary payment requirements according to article 126

sub section 3.

4. The Federal Parliament may adapt to inflation the

amounts according to sub section 3 [b] by ordinance.

Right to Initiative and Motions [Article 160] -

Every member of the Federal Parliament, every

parliamentary group, every parliamentary commission, and

ever>' Canton, has to submit initiatives to the Federal

Parliament. The members of the Federal Parliament and of

the Federal Government may present motions concerning a

proposal under deliberation.

Prohibition of instructed Mandates (Article 161] -

Members of the Federal Parliament shall vote without

instructions. They shall reveal their links with interest

groups.

Immunity [Article 162] -

Members of the Federal Parliament and the Federal

Government, and the Federal Chancellor may not be held

responsible for their statements in the Chambers and before

parliamentary organs. The statute may provide for further

forms of immunity, and extend them to other persons.

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Power and Functions of the Federal Parliament [Article 163 to 173] -

1. Law making Function [Article 163] - The Federal

Parliament shall enact rules of law in the form of a Federal

Statute or ordinance. The other acts shall use the form of a

federal decree. Not subjected to referendum shall be called a

simple federal decree.

2. Legislation [Article 174] -

1. All important provisions establishing rules of law must be

enacted in the form of Federal Statutes. These include the

fundamental provisions on -

a. The exercise of political rights.

b. The restrictions of constitutional rights.

c. The rights and obligations of persons.

d. The circle of tax payers, and the object and the

calculation of taxes.

e. The tasks and services of the Confederation.

f. The obligations of the Cantons when implementing and

executing federal law, the organization and the procedure of

federal authorities.

2. A Federal Statute may delegate the power to legislate unless this is excluded by the Federal Constitution.

3. Urgent Legislations [Article 165]-

a. A Federal Statute which comes into force tolerates no

delay, may be declared urgent by the majority of each

Chamber and put into force immediately. It must be limited

in time.

b. If a referendum is demanded against an urgent Federal

Statute, it shall lapse one year after its adaption by the

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Federal Parliament, unless it is approved by the People within that period.

c. An urgent Federal Statute that has no constitutional basis

shall lapse one year after its adoption by the Federal

Parliament, unless it was adopted within that period by the

People and Cantons. It must be limited in time.

d. An urgent Federal Statute that was not adopted in a

violation may not be renewed.

4. Foreign Relations and International Treaties [Article 166] - The Federal Parliament shall take part in shaping foreign policy, and shall supervise foreign relations. It shall approve international treaties, with the exception of those which by statute or international treaty are within the powers of the Federal Government.

5. Financial Power [Article 167] - The Federal Parliament shall decide on federal spending, shall adopt the budget, and shall approve the federal accounts.

6. Electoral Functions [Article 168] - The Federal

Parliament has the power to elect the members of the

Federal Government, the Federal Chancellor, the judges of

the Federal Supreme Court, and the General. The Statute

may empower the Federal Parliament to carry out further

elections or to confirm appointments.

7. Power of High Supervision and Evaluation of Efficacy

[Article 169 and 170] - The Federal Parliament has the

power to exercise high supervision over the Federal

Government, the Federal Administration, the Federal Court,

and the other organs entrusted with tasks of the

Confederation. Official secrecy shall not be opposable to

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those special delegations of supervisory commissions that are appointed as provided by Statute.

The Federal Parliament shall ensure that the efficacy of measures taken by Confederation is evaluated.

8. Mandates to the Federal Government [Article 171] -The Federal Parliament may confer mandates to the Federal Government. The Statute shall regulate the modalities, and in particular, the instruments which the Federal Parliament may use to influence matters within the powers of the Federal Government.

9. Maintaining Relations b/w the Confederation and the Cantons [Article 172] - The Federal Parliament has the power to maintain the relations between the Confederation and the Cantons. It shall

guarantee the cantonal constitutions. It decides whether to approve inter-cantonal treaties and treaties between Cantons and foreign countries, should the Federal Government or a Canton raise an objection.

10. Further Tasks and Powers [Article 173] -

1] The Federal Parliament has the following tasks and powers -

a. It takes measures to safeguard the external security, the

independence, and the neutrality of Switzerland.

b. It takes measures to secure the inner security.

c. If extraordinary circumstances so require, it may issue

ordinances or simple federal decrees to fulfill the tasks

according to first a and b.

d. It has the power to order active military service, and to

this end, can mobilize all or part of the army.

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e. It takes measures to enforce federal law.

f. It decides on the validity of popular initiatives to meet the

formal requirements.

g. It cooperates in important planning of state activities.

h. It decides on individual acts, if a Federal Statute so

provides expressly.

i. It decides conflicts or jurisdiction between the highest

federal authorities.

j. It decides on petitions for pardon and declares amnesties.

2] The Federal Parliament has the power to deal with all

subjects that are within the powers of the Confederation, and

are not attributed to another federal authority.

3] The Statute may assign other tasks and powers to the

Federal Parliament.

Swiss Law making Process -

If any Bill is to be presented it shall be presented simultaneously in both the Houses. Money Bill is not an exception to this. If the most important Bills are presented by the members of Federal Council the other Bills may be presented by administrators or members of Parliament or through the popular initiative the members of Federal Council may present it.

The Federal Council has the power to present the list of Bills to the presidents of both the Houses during their sessions. When the Bill is presented in one House, the speaker will arrange immediately to present the same in the other House. Later, for further discussion on the Bill the House will send it to any of the Committee. The members of these

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committees are appointed by the presidents of both the Houses on the basis of their representation. Generally, the Committee takes the decision unanimously and the same is reported to the House. Afterwards if both the Houses approve the Bill with majority, the bill becomes legitimate. Both Houses of the Federal Parliament have equal powers and perform their functions with mutual cooperation. For the purpose of law making, two types of Initiative and two types of Referendum are used.

1. Popular Initiative for Total Revision of Federal

Constitution (Article 138]

a. One Lac citizens who are entitled to vote may propose a

total revision of the Federal Constitution.

b. This proposal shall be submitted to the vote of the People

for its approval.

2. Popular Initiative for Partial Revision of the Federal

Constitution [Article 139]

a. One Lac citizens who are entitled to vote may propose a

partial revision of the Federal Constitution.

b. The popular initiative for a partial revision of the Federal

Constitution may be in the form of a general suggestion or a

formulated draft.

c. If an initiative does not respect the principle of unity of

subject matter, or mandatory rules of international law, the

Federal Parliament shall declare the initiative invalid, in

whole or in part.

d. If an initiative is approved by the Federal Parliament in

the form of a general suggestion, it shall prepare a partial

revision in the sense of the initiative, and submit it to the

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vote of the people and the Cantons. If it rejects the initiative, it shall submit it to the vote of the People. Then the People shall decide whether the initiative should be followed. If the initiative is approved by the People, the Federal Parliament shall formulate a corresponding draft.

e. An initiative in the form of formulated draft shall be

submitted to the vote of the People and the Cantons. The

Federal Parliament shall recommend its approval or its

rejection. If it recommends its rejection, it may submit its

own counter-draft.

f. The People and the Cantons shall vote simultaneously on

the initiative and the counter-draft. The voters may approve

both the drafts. They may indicate which draft they prefer,

should both be approved. If one draft obtain the majority of

the People's votes and the other one gets the majority of the

votes of the Cantons, neither of them shall come into force.

Referendum - It is of two types -mandatory and optional 1. Mandatory Referendum [Article - 140]

1. The following shall be submitted to the vote of the People

and the Cantons.

a. Revisions of the Federal Constitution.

b. The entry into organizations for collective security or into

super-national communities.

c. Federal Statutes declared urgent which have no

constitutional basis and whose validity exceeds one year.

Such Federal Statutes must be submitted to the vote within one year after their adoption by the Federal Parliament.

2. The following shall be submitted to the vote of the

People,

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a. Popular Initiatives for total revision of the Federal

Constitution.

b. Popular initiatives for partial revision of the Federal

Constitution in the form of a general suggestion which were

rejected by the Federal Parliament.

c. The question whether a total revision of the Constitution

should be carried out if both Chambers disagree.

2. Optional Referendum [Article 1411" 1. The following are submitted to the vote of the People at the request of 50,000 citizens who are entitled to vote, or of eight Cantons.

a. Federal Statutes.

b. Federal Statutes declared urgent with a validity exceeding

one year.

c. Federal decrees to the extent the constitution or the statute

foresee this.

d. International treaties which -

1. Are of unlimited and may not be terminated.

2. Provide for the entry into an international organization.

3. Involve a multilateral unification of law.

4. The Federal Parliament may submit further international treaties to optional referendum.

Required Majority [Article 142] -

1. Proposals submitted to the vote of the People shall be accepted if the majority of the voters approve them.

2. Proposals submitted to the vote of the People and the Cantons shall be accepted if the majority of the voters and the majority of the Cantons approve them.

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3. The result of a popular vote in a Canton determines the vote of that Canton.

4. The Cantons of Obwald. Nidwald, Basel City, Basel Land, Appenzell Outer Rhodes and Appenzell Inner Rhodes have each one half of a cantonal vote.

Recent Challenges to the Swiss Parliament -

According to the Swiss Constitution, the Federal Assembly is the supreme power in the federation, subject to the powers of the people. [Article 148] the Assembly functions either as one united chamber or as two independent chambers. It holds the legislative power to make all federal laws and appoints the members of the executive branch, the members of the Federal Court and the major federal bodies and the commander-in-chief of the army. Furthermore, the two chambers of Parliament, having exactly the same competence, supervise all the authorities of the Swiss Federal Government and approve the annual budget prepared by the Federal Council. However, the political supremacy of the Swiss parliament is gradually diminishing. There are several challenges in relation to the power of the Federal Assembly. They are as under. 1. Direct Democracy - The most important challenge to the Parliament is that of direct democracy as introduced in 1874. There has been extended use of direct democracy in the Cantons. These Cantons influence the functions of both the parliament and the executive branches. Direct democracy functions with the help of popular initiative, referendum and recall systems.

156

a. Popular Initiative - Through a popular initiative, the

people can impose constitutional change. It is applicable not

only to the constitutional amendments but also to change the

common laws.

b. Referendum - Referendum give the people the last word

with regard to legislation. In fact, a referendum presents a

considerable risk that parliamentary decisions will be

defeated by the people. So it has become a challenge to the

Parliament.

c. Recall - Theoretically, in some of the Cantons recall

system is being used for calling back the members of the

government and Parliament also has become a challenge to

the parliament. The above three systems give the people the

power to bring changes. These political rights of the people

substantially diminish the status of both the chambers.

2. Development of the Welfare State - A second challenge

to the Parliament is the development of the welfare state in

which executive decisions taken in the course of

implementation are more important than the legislation. The

stance of the on foreign affairs increasingly constrains the

decisions of the Parliament. With the development of

welfare state, the formulation of new policies and proposed

legislation has become more complex.

3. Bicameralism - Bicameralism reflects the equal

importance of democratic and federal influences. Both

chambers can initiate constitutional amendments and Bills

and propose the revision of laws. Every Bill must be

approved by a majority of both the Chambers. If a bill, or

some of its propositions, fails to gain a majority in one of

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the chambers, the two chambers try to find a compromise through the negotiation between the delegates of two chambers in a joint committee. In the absence of agreement, the bill does not get through. Looking to this we can say that bicameralism itself is a great challenge to the Parliament. The decisions close to the status quo are favoured. In the worst case, there is no decision at all.

4. Concept of Power Sharing - The internal organization of both the chambers is modeled on the concept of power sharing. For example, the members of all parliamentary committees proportionally represent the different language groups and political parties. Even though there are some legal obligations, proportional representation in this context is less a formal and flexible agreement. These differences have an influence on the practice of the two chambers.

5. Administrative System- The federal administration has experienced less growth than have the Cantonal and Communal administrations. Administration influences policy at different stages. The Federation has to depend on the willingness of the Cantons to implement policy. The voice of the Cantons carries weight in the federal law making process. Thus, decisions in Switzerland are always the result of compromise and cooperation between the political parties and Cantonal preferences. The role of administration in the legislative process has been further strengthened. The Federal Council on many aspects of its activities, directs the hearings, and prepares the draft legislation on behalf of the executive for submission to

158

Parliament. Therefore, the Swiss administrative system has become a challenge to the Parliament. 6. Minority Groups - Another challenge to the Swiss Parliament is that of minority groups which block the federal decisions. As a federal policy can always be challenged by a referendum an acceptable compromise with the people and the Cantons must be found. Thus the minorities who come forward to protestor block the decisions of the Parliament is considered as one of the challenges to the Parliament.

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Chapter - 2

• The Swiss Executive

• Plural Type of Executive

• Federal Council and Federal Administration]

• Debate over the Rising Role and Powers of the Executive.

Plural Type of Executive -

The ancestral home of democracy, Switzerland had a very peculiar type of plural executive. Though looking like a wonderful combination of the English and American models and at the same time different from both, the Federal Council [Bundesrat] is peculiarly a Swiss institution. It I observed that "No executive system in the world is so deserving as that of Switzerland, for the founders of the Swiss constitutions of 1948. 1874 and 1998 would appear to have succeeded in a project which has baffled the ingenuity of all previous statesmanship, to combine the merits and exclude the defects of both parliamentary and presidential executive systems".

The Federal Council is a collegiate body of seven members who are elected by the Federal Parliament in its joint session for a period of four years. These members hail from different Cantons of Zurich. Bern, and Vaud are invariably represented. There is a convention that the same members are elected again and again until any one of them declines. The result is that Swiss ministers enjoy a very long tenure.

160

In case, the parliament is dissolved earlier, the Federal Council also stands dissolved. Thus the tenure of the Federal Councillors is linked with the tenure of the Federal Parliament. All departments are divided among these seven members.

One of the members of the Swiss Federal Council is formally designated by the Federal Parliament as the President of the Confederation for a year and one as the Vice-President on the basis of seniority. The office of the President rotates every year. As a result, the Vice-President becomes the President after the year is over. The Councillor junior to him is designated as the Vice-President. Thus, the office of the President rotates among the seven members and the same person may have it after every seventh year, in case he continues to hold his position in the Federal Council. The Swiss President has no special powers. He is just a ceremonial head designated for a year. In short, the office of the President has no true national significance. The Federal Chancery is a general staff of the government which functions under the direction of the Federal Chancellor. The Federal Executive determines the goals and means of its government policy. It plans and coordinates the activities of the state. It informs the public timely of its activity.

Features of Plural Executive -

1. Collective Responsibility - Collective responsibility is the most important feature of Swiss plural executive system. All the seven members, including the President exercise equal powers.

161

2. Presidency - The office of the President rotates every year. Every member has the chance to become the President on the basis of seniority.

3. Separation and not Independent - Swiss Executive is not separate and independent but is subordinate to the Federal Parliament. It is only meant for appraisal regarding its operational role. But we can say that this plural executive is successful because the people of Switzerland continue to apply certain customs and traditions.

Federal Council and Federal Administration -

Federal Council -

[Article 174 J The Federal Council means Federal

Government is the highest governing and executive

authority of the Swiss Confederation.

Composition and Election [Article 175]-

1. The Federal Government shall consist of seven members.

2. The members of the Federal Government shall be elected by the Federal Parliament after each full renewal of the House of Representatives.

3. Any citizen who is eligible for membership in the House of Representatives can be elected for four years.

4. Care shall be taken that the various geographical and language regions be adequately represented.

President [Article 176J -

1. President of the Confederation shall be the chairman of the Federal Government.

2. The Federal Parliament elects one of the members of the federal Government as President of the Confederation, for a

162

. and another as Vice-President of the term of one y«* t.

federal Govern1*1 $ may not be renewed for the following 3 These mand^ t 0f the Confederation shall not be eligible vear. The Preside ^dent for the following year. to be the Vice-Pr tjve Authority [Article 177] -principle of C° government shall take its decisions as a 1 The Federal ^ all tne seven members. collective body x tion and implementation of the decisions, 9 For the prepa federal Government shall be distributed tfte matters ot fS according to Departments. among its mem17 ^ entrusted to the Departments or 3. Matters slaafljts subordinated to them to be settled administrative u cases> the right of recourse to a remedy directly, in sue**

shall be guaran1 tration [Article 178] -

federal Admi,,, Government shall direct the Federal

\. The Fedef3 ^j ensure its efficient organization and

/ulministratiof1' jjflierit of its tasks.

the effective fu' Administration shall be divided into

9. The Fede«"a Department shall be directed by one

Departments; deral Government.

member of the* may attribute administrative tasks to

3. The Stat^ persons 0f public or private law outside

organizations .^jstration.

Federal Ch*" rf of the Federal Government. It acts the general s Sections of a Federal Chancellor, according to *n

the Federal A^1^ [Article 179] The Federal Chancery '

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Powers and Functions of the Federal Council:

1. Government Policy [Article 180] - The Federal

Government has the power to determine the goals and the

means of its policy. It can plan and coordinate the activities

of the state. It informs the public timely and fully of its

activity, unless public or private interests prevent this.

2. Initiative [Article 181] The Federal Government has the power to submit the drafts of its legislation to the Federal Parliament.

3. Ordinances [Article 182] -

a. The Federal Government has the power to promulgate

ordinances according to the Constitution or the Statute.

b. It is empowered to implement the Statutes and Decrees of

the Federal Parliament and the judgments of Federal

Judiciary7.

4. Financial Power [Article 183] - The Federal Government

is empowered to prepare the financial plan, draft the budget

and establish the federal accounts. It makes correct financial

management.

5. Foreign Relations [Article 184] - The Federal

Government has the power to conduct foreign relations and

safeguards the Federal Parliament's participation right. It

represents Switzerland in foreign countries. It signs

international treaties and ratifies them. It submits them to the

Federal Parliament for approval. To safeguard the interests

of the country, it can issue ordinances and orders. But the

ordinances are limited in time.

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6. Maintenance of External and Internal Security

[Article 185] -

a. The Federal Government has the power to take measures

to secure the external security, the independence, and the

neutrality of Switzerland.

b. It takes measures to safeguard the internal security.

c. It has the power to issue ordinances and orders to obviate

existing or imminent great disturbances of the public order,

the external or the internal security.

d. It may mobilize troops in urgent cases. If it mobilizes

more than 4000 members of the armed forces for active

duty, or if the mobilization for active duty is expected to last

more than three weeks, session of the Federal Parliament

must be convened without delay.

7. Relations b/w the Confederation and the Cantons

[Article 186]

a. The Federal Government has the power to maintain the

relations between the Confederation and Cantons, and can

collaborate with the Cantons.

b. It approves cantonal legislation where the implementation

of federal law so requires.

c. It can raise objections against treaties amongst the

Cantons, or between Cantons and foreign countries.

c. It ensures the implementation of federal law, cantonal constitutions, international treaties, and may take necessary measures.

8. Further Tasks and Powers [Article 187] -

1. The Federal Government has the following tasks and powers;

165

a. It has the power to supervise the Federal Administration

and the other organizations or persons entrusted with tasks

of the Confederation.

b. It can inform regularly the Federal Parliament of its

activity.

c. It has the power to make appointments to the various

authorities.

d. Wherever the Statute provides, it can decide on remedies.

2. The Statute may provide further tasks and powers to the

Federal Government.

Debate over the Rising Powers and Role of Executive -

The Federal Council is the supreme executive and governing authority, with far-reaching constitutional powers [Article 174] It defines the general aims and instruments of federal policy and plans and coordinates the corresponding activities. It determines foreign affairs and defense policy and directs the administration and the implementation of all federal policies. In relation to legislation, it organizes the pre-parliamentary process and makes subordinate legislation. Political power sharing in the executive is the result of a constitutional requirement but. rather, of a political arrangement among the ruling parties. The executive determines the aims and objectives of of government policy. It plans and coordinates the activities of the state and informs the public timely of its activity. It submits the drafts of legislation to the Federal Parliament. It makes ordinances, implements statutes, and decrees of the Parliament and judgments of the Federal Supreme Court. It •prepares financing plans, draft the budget and establish the

166

federal accounts. It conducts foreign relations and represents Switzerland in the foreign countries. It takes measures to secure internal and external security, independence, and neutrality of Switzerland. It also entertains relations between the Cantons.

Federal Council, as the Swiss Executive, is a collegial body of seven members, which decides collectively on all important issues. There is no permanent head of government with special prerogatives. Every year

Parliament elects one of the seven members as president of the confederation. The president is merely primus inter pares, with no special political privileges and mainly formal duties. The role of the president is to chair the meetings of the collegiate body. The Swiss system avoids the risk of concentrating power in the hands of a strong president.

The Swiss federal administration is made up of seven departments, each headed by one of the federal councilors. The role of the Federal Executive in the legislative process has been strengthened by the pre-parliamentary process. It proposes appointments to the expert committees which advise the Federal Council on many aspects of its activities. It directs the hearings, and prepares the draft legislation for submission to Parliament. Many observers not that, there is little continuity of purpose and that the executive action very often lacks coherence.

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Chapter - 3

• Swiss Judicial System

• Federal Supreme Court

• Judicial Review

The federal structure of Switzerlandis reflected in a dual judicial system. Federal Supreme Court in the national sphere and 26 cantonal court systems. The federal court is primarily the appellate court for matters of federal law. In addition, it functions as a constitutional court to protect the federal constitution against the cantons.

Federal Supreme Court -

Position [Article 188] The Federal Supreme Court is the highest federal judicial authority. It is also called as Federal Tribunal. Its organization and procedure is regulated by Statute. It is the Apex Court for the entire country. It is not equal to the Supreme Courts of other countries. Though it is a constitutional creation, has no independence. Its composition, nature, pay and jurisdiction are fixed up by law. The Court has been established at Lausanne- the capital city of Vaud which is a French speaking Canton. The Court is divided into three divisions, each consisting of 8 judges for trying cases pertaining to civil laws and public laws. It has no staff for the execution of its awards. The Federal Council itself executes the decisions of the Tribunal.

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Composition - The total strength of the judges of Federal Supreme Court shall be 26. Out of which 12 of them are Deputy Judges. The judges of the Federal Supreme Court are elected by the members of Federal Assembly in a joint meeting. The constitution does not prescribe any qualifications for the judges. Anybody who is eligible for contesting election for a seat in National Council is allowed to contest for a seat in the Federal Tribunal. In addition to it, they must be experts in law and three Swiss languages. Their term of office shall be 6 years. In actual practice, they serve as judges till they wish to hold the office. Retirement age has been fixed when they attain the age of 70 years. If they serve minimum of 10 years they are eligible to get pension. One among the judges is appointed as president and another is appointed as Vice-President whose term is for two years. Though the Court is functioning in the French speaking Canton, its functions and documents are maintained in three languages only.

Salary and Dearness Allowances - Judges of the Federal Supreme Court and other Courts are entitled to get annual salary of 53,000 Franks, the President and Vive-President of the Court are paid 36000 and 24000 Franks more.when they attend the functions of the Court they are entitled to get Dearness Allowance. Jurisdiction [Article 189]-

The Federal Supreme Court has two types of jurisdictions. 1. Original jurisdiction 2. Appellate Jurisdiction 1. Original Jurisdiction - It extends civil, criminal, administrative and constitutional cases.

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1. Civil Cases -

a. Civil jurisdiction extends to cases involving conflicts

between the confederation and cantons or between the

cantons themselves.

b. It hears cases where a private person or corporation sues

the confederation or a canton or vice-versa. It provides that

Each of such case s involves an amount, not less than 8,000

francs.

c. Cases relating to loss of nationality and disputes upon the

right of citizenship of a commune.

d. It decides cases between individuals where the the

amount in litigation exceeds 10,000 francs.

e. It has been empowered to ensure uniform application of

laws concerning commerce and transactions affecting

movable property, protection of copy rights.

2. Criminal Cases - As regards the original criminal

jurisdiction the court tries the folloeing cases.

a. Cases of high treason, rebellion, or violence against

federal authority.

b. All crimes against law of nations.

c. Cases referred to it by cantonal governments with the

ratification of House of Representatives.

3. Constitutional Cses - As regards constitutional cases the

court has limited extent.

a. Conflict between federal authorities and between cantonal

authorities.

b. Disputes between cantons in matters of public law.

c. Complaints of violations constitutional rights of citizens

provided by federal and cantonal constitutions.

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2. Appellate Jurisdiction -

1. The Federal Supreme Court has the appellate jurisdiction over the violations of-

a. Federal law,

b. Public international law,

c. International law,

d. Cantonal constitutional rights,

e. Autonomy of municipalities, and other guarantees granted

by the Cantons to public corporate bodies,

f. Federal and cantonal provisions and political rights.

2. It has the power to judge public law disputes between the Confederation and the Cantons or amongst Cantons.

3. The Statute may provide for further grounds for jurisdiction of the Federl Supreme Court.

4. Enactments of Federal Parliament and of the Federal

Government cannot be challenged before the Swiss Federal

Supreme Court. Exceptions may be provided by the Statute.

Accordingly, the Federal Parliament has the power to

increase or reduce the jurisdiction of the court.

Applicable Law [Article 190] - The Federal Supreme Court and the other authorities applying the law have to follow the federal statutes and international law.

Access to Federal Supreme Court [Article 191] -

1. Legislation shall guarantee access to the Federal Supreme Court.

2. For disputes which do not concern a legal question of fundamental importance, it may provide for a threshold sum.

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3. For certain subject matters access to the Federal Supreme Court may be excluded by statute.

4. For manifestly unjustified complaints, the statute may provide for a simplified procedure.

Judicial Review -

The Swiss Federal Tribunal possesses limited power of judicial review. It can declare cantonal laws unconstitutional, if they are repugnant to the Federal Constitution and Federal Laws. It cannot question the legality of the Federal Statutes, it has not played any important role in the development of the constitution of the country. Keeping in view its limited judicial review authority it is misnomer to designate Swiss Federal Tribunal as a Supreme Court. Thus it has not been able to command prestige and independence.

Further Federal Judicial Authorities [Article 191a] -

a. The Confederation shall provide for a federal criminal

court which shall judge as a trial court. The statute may

provide for further grounds for jurisdiction of the Federal

Criminal Court.

b. The Confederation shall provide for federal judicial

authorities to judge disputes of public law arising within the

administrative jurisdiction of the Federal Administration.

c. Further judicial authorities may be established by statute.

Cantonal Judicial Authorities [Article 191b]-

The Cantons are free to organize their own judicial system. There is no federal influence or control on the structure of

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the judicature and appointments to the courts. In some cantons people elect the judges, and in othercantons the judges are appointed by the Parliament, the Superior Court, or the Government. Their period of office is 2 to 6 years. All cantonal legal systems are multi level systems, leading to the Federal Court, which acts as the last national appellate instance on most issues. Every canton is divided into regional courts and district courts.

1] The Cantons are empowered to establish cantonal judicial authorities to judge civil and public law disputes and criminal cases. 2] They may establish common judicial authorities.

Independence of the Judiciary [Article 191c] - All

judicial authorities shall be independent in their judicial activity and bound by law only.

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Chapter - 4

• Swiss Political Parties and Pressure Groups

• Political Parties - Nature and Functions

• Pressure Groups -Nature and Functions

Political Parties -

The political parties came into existence in Switzerland with the birth of 1848 Constitution. The Liberals and the Democrats were the early two groups supported by the Protestant German Cantons and the Protestant French Cantons respectively. The Liberals had in their ranks old politicians who stood for Laissez faire principles, moral and cultural freedom for all and republican political institutions. On the other hand, the Radicals were young politicians, who were progressive in views and more liberal in thoughts. In spite of their difference of opinions, both the Radicals and the Liberals joined hands in framing the Constitution of 1848. But the Catholic Conservative People's Party was opposed to the Radicals and the Liberals. It was responsible for the war of Succession and the formation of Sonderband, which came into existence by the Radicals and the Liberals. It is quite evident that by the time the Constitution of 1874 was framed, these political parties the Radicals, the Liberals and the Catholic Conservative People's Party were in the run. From 1848 to 1890, the Radicals and the Liberals were in power and the Catholic Conservative People's Party was

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in opposition. In 1891, the Liberals came out from the Radicals. They formed an opposition and a Conservative-Radical coalition was formed. The Liberal party was considerably weakened. The Social Democratic Party, which was formed in 1880 gained strength with the elapse of years. In 1918, a Farmer's Party was formed and in due course it also assumed importance. In 1919, a representative of the Farmer's Party joined in the Conservative- Radical Coalition. With this the coalition had 31 seats in the National Council. But since 1935 this party is on the decline. This is probably because another party -the Young Farmers concerning agrarian reforms, came into existence. Apart from these major political parties, certain minor parties also were formed such as Independent Party [1935], the Independent Social Democrats and the Nicole Group which came out from the Socialists in 1939. Communist Party also was formed in Switzerland.

Nature of Political Parties -

Swiss political parties constitute essence of a democracy. Generally political parties entail strife and factions if the country is inhabited by diverse races, embracing different religions and having conflicting economic interests, la Switzerland, despite these diversities of racial character, religion, speech and economic interests, party spirit does not actuate Swiss political life to an extent as it does in other democratic countries of the world. The major political parties in Switzerland do not strive to retain their strength and the minor parties being conscious of their weakness generally adopt a passive attitude. Thus party strife is the

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cardinal feature of a democracy which is alien to Swiss party system. Lord Bryce has rightly observed that "In Switzerland, political parties play a role, far inferior to that of a party in France or England''. Nature political parties can be seen with reference to the following points.

1. Absence of problems - From many years, Switzerland has no political, economic and social problems. Therefore, in problem- free Switzerland political parties are so weak.

2. No Economic Crisis - Switzerland is economically very strong and stable country. Hence, it is free from economic crisis. Therefore, the political parties are too weak.

3. Limited Session of Parliament - Swiss Parliament sits in session only one month in a year. After the session is over, the representatives will go to their respective native place and busy doing their domestic work. During the recess of Parliament they never go to the capital city. Therefore, this limited session has become one of the reasons for the weakness of the parties.

4. Non-partisan Executive - The head of the executive is not elected one. Therefore, Swiss executive has non¬partisan outlook. It manages its own affairs with no party affiliations. The Parliament has no power to dismiss the executive. This political system has made the political parties weak in nature.

5. Lose Party Organization - Switzerland has lose party organization. The parties do not give importance to national interests, but use to give priority to cantonal interests and struggle for the eradication of local people.

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6. No Importance to Leadership - There is no importance to leadership in Swiss political parties. Swiss people give importance to accountability, courage, ability and not to leadership. There is no historical evidence regarding the formation of political party by individual person. Thus, it leads to weakness of the party.

7. Feeling of Patriotism - Swiss people have a strong feeling of patriotism. They are much interested in internal concerns. This also has made the political parties weak.

8. Religious and Class Equality - Religious equality is one of the features of Swiss Constitution. The Catholic and Protestant Cantons perform their functions constitutionally. Along- side, the Swiss people are economically, socially and religiously equal. The political parties have not been formed on the basis of any particular interest. Therefore, in the presence of religious and class equality political parties are weak.

9. Popular Voting - Through the initiative and referendum, the popular voting has achieved democracy. Therefore political parties are free from conflicting nature. This has made the political parties weak.

10. Non-profitable Public Offices - The public offices in

Swiss Government are non-profitable. The representatives

have no attractive salary and dearness allowance. This is the

reason for the weakness of the parties. The people have

direct link with the government through initiative and

referendum. Therefore, political parties are not

systematically organized.

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Following are the major Political Parties -

1. The Liberal Party

The Liberal Party is one of the oldest parties in Switzerland. It played a vital role in shaping the destiny of the country in the initial stage. The credit for framing the Constitution of 1848 and turning Switzerland into a federal state really goes to it. It has advocated a liberal political philosophy of the traditional laissez faire type, normal and cultural freedom for all and republican political institutions. Since 1890, the party suffered a marked decline. At present, it is holding strength in Geneva, Lausanne and urban Basil.

2. Radical Democratic Party -

It was contemporary of the Liberal Party. It collaborated with the Liberals in framing the Constitution of 1848. This party has revolutionary or radical goals and objectives which are as follows -

a. Centralized federation.

b. Secularism.

c. Constitutionally guaranteed personal freedoms etc are the

main tenets of this party.

d. Belief in Referendum and Initiative.

e. Public monopoly.

f. Importance is given to import and export, tariff and

defence of the country. Neutrality is its cherished foreign

policy goal. The Radicals dominated the Swiss political

scene for about 70 years. Even today it commands largest

majority in the Federal Parliament. This party has been

rightly called as 'The architect of modern Switzerland".

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3. Catholic Conservative Party -

This party is playing an important role in Swiss politics. It advocates the rights and powers of Cantons. In the words of Rappard, 'The party is neither individualistic nor liberal but frankly theocratic". It is the guardian of propertied class. It encourages private philanthropy and cooperative institutions. It advocates the Catholic Church. Due to the emergence of socialist wing within the party has adopted sympathetic attitude towards Labour problems and labour legislation. It is concerned with the development of Labour Unions. It is the third largest party in the Swiss Federal Parliament.

4. Farmers' Party -

This party came into existence in 1919. It represents the farmers, artisans and middle class people. It protects the interests of the farmers, for which it is called the champion of agrarian interests. It aims to protect the urban people's interest. Its objectives are as under -

a. Opposition to state intervention in the economic life of

the farmers.

b. The prices of agricultural products are to be fixed by the

government.

c. First priority to defence of the country.

d. To encourage for the formation of strong central

government.

e. Strong federation.

With all these objectives this party is known as Swiss People's Party.

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5. Democratic Socialist Party -

Though this party has come into existence recently, it has gained immense popularity. It claims itself to be Marxist, but in fact it lacks the characteristic of Marxism. It has the support of industrial workers, civil servants, and other professional classes. In the words of Rappard, "Program of the party is a curious combination of political liberalism, Marxian economics and ambitious planning". It believes in democratic and peaceful methods for the achievement of its objects. Important objectives of this party are as under-

a] priority to public planning in economic, field-

b] Wants a healthy blend of capitalism and socialism.

c] Nationalization of monopolistic industries, banks and

credit societies.

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d] Importance to direct democracy and women suffrage.

6. Communist Party -

It is the only Leftist party in Switzerland. Urban industrial workers and intellectuals are its followers. The party could not popularize itself due to legal limitations. During World War II, it was banned by the Federal Government and by some cantonal governments. After the withdrawal of legal restrictions the party gained political support. But in the absence of attractive goals its popularity was impeded.

7. Other Political Parties -

Besides, above major political parties, there are number of small insignificant political parties. They are Liberal Socialists, Democrats, the Independents, the National Front, Young Conservatives, the National League, the Peasants League and the New Switzerland. These parties are not so

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prominent in the Swiss politics. These parties will field their candidates for cantonal elections. These parties are very strong in hill regions of the Cantons and agricultural areas and gives priority only to remove the local problems. They are active in the industrial part of the country. Though Switzerland has multi-party system they are attempting to increase their strength. Mention is not made in the Swiss constitution regarding the parties is the reason why there is no competition in them. Therefore there is absence of organized opposition.

Functions of Political Parties -

All the major political parties tried their best to rule successfully in Switzerland by using democratic means. Though the political parties are weak with the system of initiative and referendum, they perform some of the following functions.

1. Advocacy of Special Policies - The deficiency of mutual

togetherness of political parties is the forcible character of

direct democracy. They try to present and advocate their

own special policies before the voters.

2. Representing interests - The Swiss political parties represent the will of the voters. By joining with the pressure groups, political parties will take advantage from them. They try to attract the attention of the voters by representing their interests.

3. Setting Policy Agenda - To make use of initiative and referendum political parties will set their policy agenda. The main function of political parties is to make provision for defection.

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4. Increase Voters Loyalty during Elections - During election time, the main function of political parties is to increase voter's loyalty. They also perform the function of maintaining party image, to have the alliance with interest groups and try to capture the voter's mind to their side.

5. Use the tools of direct democracy - Some time political parties, along with interest groups make use of initiative, referendum recall etc are the instruments of direct democracy. In performing this type of functions they try to provide protection to direct democracy.

Pressure Groups -

Pressure groups play an important role in the political system of Switzerland. We can see four types of pressure groups which are as under.

1. Association of Small and middle- sized businesses.

2. The Swiss Trade and Industry Association.

3. The Farmers' Associations.

4. Central Trade Unions Association.

1. Association of Small and Middle-sized Businesses -It is mainly concerned with the working conditions of its associated firms in a free market economy. Therefore a minimum of government's intervention and regulation is preferred for the fluctuation of the economy. This association strongly opposes the activities of the government like regulation and taxation policy. It tries to influence the voters to reject

referendum proposals which widen government activities. [Example increase in pension funds] and to accept such proposals which restrict government activities. [Example proposal of balanced budget]

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2. The Swiss Trade and Industry Association -

This association pursues same policy targets as the first one. Its members get the profit from government activities in the military, infrastructure, environment and health sectors through attractive offers from the federal state, [e.g. construction of hospitals and filter plants]. It supports the government for additional spending through lobbying activities and recommendation in a referendum. It will oppose additional government regulation.

3. The Farmer's Association -

Its main goal is the financial support to its members. Consequently, it claims additional grants and subsidies and protection from foreign competitors, every year. It supports additional government spending activities and also supports the government to take action against the first two pressure groups.

4. The Central Trade Union Association -

This pressure group strongly opposes additional military spending and argues that the protection by NATO is sufficient for Switzerland. But it supports the additional government spending on welfare and education. In most cases this pressure group supports additional government spending through its parliamentary activities and if referendum is necessary through 'yes' recommendation. Considering the functions of these pressure groups their influence on government is quite remarkable.

Reference - Pressure groups and political entrepreneurs, by Wagner. R. E.

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Nature of Pressure Groups -

The decisive role of pressure groups within the political process has become so important and influential that they even have the dominant political power in Switzerland. Direct democratic system offers favorable conditions where the influence of pressure groups can be explained in two ways.

1. Pressure groups influence on the outcome of referendum

by giving recommendations to the voters. Compulsory

referendum is required when the government and the

Parliament proposes changes in the constitution, they are

optional in the case of federal laws, i.e. held only when

called for by at least 50000 voters.

2. Their influence on the Swiss federal government's

economic policy through direct motions to the government

and the members of the parliament and the activities in

expert and parliamentary commissions which formulate new

laws and prepare the annual budget.

A model discussion relating to politico-economic issues takes place between the federal level voters and the pressure groups. All the three above said institutions try to use certain issues to the maximum extent. This type of discussion in the Swiss political system has become special factor. The pressure groups always make attempts to reach their own selfish goals. On the one side they try to influence the voters through their recommendations to vote kyes* or wno' at a federal referendum and wait for its outcome. On the other side, they try to influence through direct participation in the activities of pre-parliamentary, parliamentary and closely

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connected political parties to reach their own goals with regard to government's fiscal policy.

Voter's are being influenced by the recommendations of the pressure groups and by the state of the economy, express their satisfaction or dissatisfaction about the nations' economic condition and make referendum obligatory through acceptance or rejection of governments' policy. The voters tend to blame the government when economic conditions worsen, and support the government when the economic conditions improve. With the use of fiscal instruments government tries to change the economy in such a way that the voters are satisfied and also the demands of the pressure groups are at least partly fulfilled. Relating to referendum, these four pressure groups try to influence the voter's behavior, nations' economic condition and economic policy of the government. One pressure group by making an alliance with the other groups will try to achieve their selfish interests. This is common factor in the Swiss political system. Furthermore, the influence of these four pressure groups on the voter's behavior relating to referendum with economic content and on government's fiscal policy on the spending side.

Functions of Pressure Groups -

Through the influence, the pressure groups will get their work done. The following are the functions.

1. Attract the attention of the public on initiative and

referendum.

2. To give political training to the people.

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3. To make adjustment with the political parties.

4. To bring pressure upon the government officials and the parliamentarians.

5. To inform the people about the approval or rejection of governments' policy.

6. To formulate public opinion.

7. To know the assumption of parliamentarians and the officers.

8. Interference in the administration.

9. To get more assistance from the government.

10. Fixation of the programs.

11. Providing information to the public through the

publication of news papers.

12. To mairttain internal discipline.

Considering the above said functions of the four pressure groups, their influence on the government's spending behavior and also during the time of initiative and referendum, are quite remarkable.

«

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Chapter - 5

• Public Opinion in Switzerland

• Importance of Public Opinion

• Agencies Formulating Public Opinion

Importance of Public Opinion -

It is a truism that democracy means government by public opinion. It represents at once a working measure of common agreement and a driving force in the working of governmental machinery. It is an active and propelling factor in a democratic country. The people at regular intervals are called upon to elect their representatives and express their opinion in accepting or rejecting the policies or programs of the government through the means of initiative and referendum. Swiss speakers emphasized how public opinion is particularly important in their country, where direct democratic means are being used. The citizens are able to vote on important political questions, including research questions such as gene technology. In 1995, decision of European Union on the genetic mapping of a mouse sparked off a worldwide debate on gene technology in Switzerland. Initially public opinion was emotional and extremely negative. With the prospect of a national vote that could place a moratorium on gene technology research in Switzerland, researchers realized that dialogue with the public was essential.

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This new knowledge meant that opinions became mixed as people began to weigh up the risks of gene technology against the possible benefits it could bring to society. Finally, the public debate led to a differentiation between the different types of gene technology, with medical research but a continued rejection of gene technology in relation to food. How did Swiss researchers succeed in changing public opinion? Scientists got together and went out on the streets with pamphlets. They tried to work out what they needed to communicate. In Switzerland, it was a case of communicate or perish. Elsewhere, no credit at all is given for being a good communicator. All you have to do is publish, publish, said one person of the audience.

Focusing on this issue. Mr. Oesch spoke of how scientific results are published in peer reviewed journals, which are not read by the public. The information is then translated by various pressure groups and then reaches the public in a digested form. Oesch said that the commission wants to move away from teaching the public what is good and what is bad for them and make the dialogue fruitful and not confrontational. In this way the importance is attached with public opinion.

Public opinion is maximizing participatory democracy. It offers all citizens the opportunity to play an immediate role in deciding the laws that govern their country. The initiative and referendum are pushing the process of self- government by giving citizens the right to put issues on the table and to decide on them. Now the education level of citizens is high that law-makers must always consider public opinion.

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Agencies Formulating Public Opinion -

Political parties, pressure groups, education, government officers and members of parliament, lobbying groups, initiative, referendum, recall etc are considered as agencies of formulating public opinion which are explained as under.

1. Political Parties - Swiss political parties are considered as very important agencies of public opinion. At the time of elections the political parties by making alliance with pressure groups see that their candidates get elected. Good public opinion comes out through party propaganda. By pi-oviding democratic mechanism for the people to have a say on proposed legislation, and allow them to participate in the law making process.

2. Pressure Groups - The presence of direct democracy in Switzerland pressure groups will attract the attention of the public to accept or reject initiative and referendum. Some time, pressure groups come together to formulate public opinion on the basis of cooperation.

3. Education - Looking at the present political condition of Switzerland we come to know that the average education level of citizens is now higher than what it used in the past. One Swiss political scientist believes that the relative ignorance of citizens on some referendum issues is not cause for worry. Voter's participation will be more effective in the initiative and referendum through education, which has become the backbone of direct democracy. Education has become a solid foundation for the formulation of public opinion. It is easy enough to educate citizens during the time of a popular vote. Voters will learn which sources of

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information are most reliable. Even if some information is missed, the tools of referendum campaigns, such as media advertisements, leave an average citizen at least marginally well-informed. Even if everything goes a miss, people in a democracy don't have the right to be wrong.

4. Government Officers and Parliamentarians - The government officers and members of parliament are the major agencies in formulating public opinion. These persons try to provide information on vital issues to the voters and see how public opinion is formulated to pass the subjects of their interests in the parliament. They create an atmosphere for the voters to know with regard to the expected sources of information. Members of parliament are not always experts in many fields. But they can make decisions outside. They are not immune from the influences of biased sources of information. Lobbying groups and campaign contributors from special interest groups tend to influence the members perception of an issue.

5. Lobbying - Political parties and pressure groups, in Swiss political system, play an important role in formulating public opinion through lobbying method. Thus lobbying is also regarded as one of the agencies of public opinion.

6. Referendum, Initiative and Recall - Referendum or initiative is a constant factor that lawmakers must always consider that they are the outcome of public opinion. Referendum allows direct involvement of citizens in important political decisions. Likewise initiative also allows citizens to propose legislation or constitutional amendments, which are put to a popular vote and must be implemented by

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the government if passed. On the other hand, recall is used to remove an elected Member of Parliament or public servant from office, if they forget their duty and responsibility. It is usually initiated by a petition. In this way all these three methods play an important role in influencing the people to formulate public opinion and have made outstanding direct democracy in Switzerland.

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III - Semester, Paper - Modern Government 5 Marks Questions

1. British Parliament.

2. House Commons.

3. House of Lords.

4. Speaker of House of Commons.

5. Lord Chancelor.

6. Chllenges to British Parliament.

7. British law-making process.

8. US Congress.

9. House of Representatives.

10. Senate of America.

11. American Speaker.

12. US President Pro-Tempore.

13. US law-making process.

14. Challenges to US Congress.

15. Swiss Parliament.

16. House of Representatives.

17. Swiss Senate.

18. Challenges to Swiss Parliament.

19. Swiss law-making process.

20. Swiss Popular Initiatives.

21. Swiss popular referendum.

22. British parliamentary executive.

23. Britsh Queen.

24. Differences b/w King and Crown.

25. British Prime Minister.

26. British Cabinet.

27. Rising powers of British executive.

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28. Presidential executive.

29. President of America.

30. President's Cabinet.

31. Plural executive.

32. Swiss Federal Council.

33. Rising powers of Swiss executive.

34. British judiciary.

35. American judiciary.

36. American judicial review.

37. British political party system.

38. Nature of British political parties.

39. Functions of British parties.

40. British pressure groups.

41. Nature of British pressure groups.

42. Functions of British pressure groups.

43. US political parties.

44. Nature of American parties.

45. Nature of US Parties.

46. US pressure groups.

47. Nature of US pressure groups.

48. Functions of US pressure groups.

49. Swiss political parties.

50. Nature of Swiss political parties.

51. Functions of Swiss parties.

52. Swiss pressure groups.

53. Nature of Swiss pressure groups.

54. Functions of Swiss pressure groups.

55. Importance of British public opinion

56. Importance of US public opinion.

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57. Importance of Swiss public opinion.

10 Marks Questions

1. Explain the composition of British parliament.

2. Explain the composition of British House of Lords.

3. Explain the composition and election of British House of Commons.

4. Write a note on the Speaker of England.

5. Write a note on the British Lord Chancellor.

6. Explain the British law-making process.

7. Explain the challenges to British parliament.

8. Explain the composition of USCongress.

9. Write a note on US House of Representatives.

10. Explain the powers US Senate.

11. Explain the US law-making process.

12. Explain the challenges to US Congress.

13. Write a note on President Pro-Tempore.

14. Explain the powers of US Speaker.

15. Write on the composition and election of Swiss parliament.

16. Explain the Swiss law-making process.

17. Explain the powers of Swiss House of Representatives.

18. Explain the challenges to Swiss parliament.

19. Write a note on the British parliamentary executive.

20. Write about the position of British King.

21. Write about the position and role of British Prime Minister.

22. Explain the powers of British King.

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23. Explain the features of British Cabinet.

24. Write about the British Council of Ministers.

25. What is your opinion about the rising powers of British Executive.

26. Explain about the presidential executive.

27. Write a note on the US President's Cabinet.

28. Write on the election and position of US President.

29. What is your opinion about the rising powers of the US executive.

30. Write a note on Swiss Plural executive.

31. Write about the composition and election of Swiss Federal Council.

32. What is your opinion about the rising powers of Swiss executive.

33. Explain the British judicial system.

34. Explain the US judicial system.

35. Write a note on the US judicial review.

36. Explain about the American Supreme Court.

37. Explain the Swiss judicial system.

38. Write a note on the Swiss Supreme Court.

39. Explain the British political party system.

40. Explain the nature of British parties.

41. Explain the functions of British political parties.

42. Explain the British pressure groups.

43. Explain the nature of British pressure groups.

44. Explain the functions of British pressure groups.

45. Explain the organization of American parties.

46. Explain the nature of American parties.

47. Explain the functions of American parties.

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48. Explain the USpressure groups.

49. Write about the nature of American pressure groups.

50. Explain the functions of American pressure groups.

51. Explain the Swiss political parties.

52. Explain the nature of Swiss parties.

53. Explain the functions oOf Swiss parties.

54. Explain the Swiss pressure groups.

55. Explain the nature of Swiss pressure groups.

56. Explain the functions of Swiss pressure groups.

57. What is the importance of British public opinion.

58. What is the importance US public opinion.

59. What is the importance of Swiss public opinion.

60. Explain the Initiative and referendum in Switzerland. 15 Marks Questions -

1. Explain the salient features of British constitution.

2. Explain the composition, powers and functions of British parliament.

3. Explain the composition, powers and functions of British House of Commons.

4. Explain the composition, powers and functions of ^Jouse of Lords.

5. Explain the British law-making process.

6. Explain the salient features of the American constitution.

7. Explain composition, powers and functions of US Congress.

8. How American Senate is most powerful second chamber in the world? Examine.

9. Explain the US law-making process.

10 explain the salient features of Swiss constitution.

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11. Explain the composition, powers and functions of Swiss parliament.

12. Explain the composition, powers and functions of Swiss House of Representatives.

13. Explain the Swiss law-making process.

14. Explain the powers, functions and role of British Queen.

15. Explain the powers, functions and position of the British Prime Minister.

16. Explain the composition and features of British Cabinet.

17. Explain the composition and functions of British Cbinet.

18. Explain the powers, functions and position of US President.

19. Explain the powers and functions of Swiss Federal Council.

20. Explain the British judicial system.

21. Explain the American judicial system.

22. Explain the composition and jurisdiction of US Supreme Court.

23. Explain the Judicial Review of American Supreme Court.

24. Explain the Swiss judicial system.

25. Explain the composition and jurisdiction of Swiss Supreme Court.

26. Explain the organization and functions of British political parties.

27. Explain the nature and functions of British political parties.

28. Explain the nature and functions of British pressure groups.

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29. Explain the organization and functions of US political parties.

30. Name the US pressure groups and explain their functions.

31. Explain the Swiss political parties and their nature.

32. Explain the organization and nature of Swiss political parties.

33. Explain the nature and functions of Swiss parties.

34. Explain the agencies formulating British public opinion.

35. Explain the agencies formulating American public opinion.

36. Explain the agencies formulating Swiss public opinion.

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Bengaluru University

Model Question Paper-3, B. A. - III - Semester

Modern Governments

Section - A.

I. Answer any three of the following questions in not less than 60

words each. 5x3=15.

1. House of Lords.

2. British King.

3. Presidential type of executive.

4. American Judicial Review.

5. Swiss House of Representatives.

6. Importance of Swiss public opinion. Section - B.

II. Answer any 4 of the following questions in not less than 150

words each. 10 x 4 = 40.

1. Explain the British parliamentary system.

2. Explain the British law-making process.

3. American Senate is the most powerful second chamber in the world. Explain

4. Explain the challenges to American Congress.

5. Explain the Swiss Supreme Court.

6. Explain the functions of Swiss political parties. Section - C.

III. Answer any 3 of the following questions in not less than 400

words each. 15x3 = 45.

1. Explain the position, powers and functions of the British Prime Minister.

2. Explain the composition, powers and functions of British House of Commons.

3. Explain the position, poers and functions of US President.

4. Explain the composition and jurisdiction of the American Supreme Court.

5. Explain the salient features of Swiss constitution.

6. Explain the composition, powers and functions of Swiss Federal Council.

199

Bibliography

1. Bhattacharya - Modern Political Constitutions.

2. Carter and others - The Government of Great Britain.

3. Codding G.A - The Federal Constitution of Switzerland.

4. Edward.S.Corwin - The Constitution of United States.

5. Freeman - Growth of the English Constitution.

6. Goyal - Comparative Governments.

7. Griffith E.S - The American System of Government.

8. Ghai K.K - Major Governments.

9. Kapoor A.C - Select Constitutions.

10. Johari J.C - Major Modern Political Systems.

11. Rappard W.E - The Government of Switzerland.

12. M.V. Pylee - Constitutions of the World.

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