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/ 167
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Notes
SIR AMIR
ovanmeu wir LamSc12 —
‘The Cabinet, as an; Great Britain Constitution
This made Walter Bageh
institution of polities ang
ocho n Mics and law was yet to evolve and take
very litle is known about in "1867, site
Most curious point is that so
“The English Const
ituati ircuit
Possession of evtized man Has Madea circu ofthe Globe and has become common
GB Adams! $7
~ 2 GENERAL FEATURES | .
war Re Tocqueville Temarked that the En, :
great political and constituti
lish people had no constitution. This saying ofa\o" :
ted very often, but oly tobe refuted. England has a
ional expert is quot
Constitution, although it is not writ
‘en in a single document. The British Constitution is found in
ca SaaS a conenton. De Tocqueville probably understood that constitution meant
only a written, precise and one comprehensive document If atte really the definition of a
Comprehensive document. If that be really the defini it
constitution, constitution means certain principles on Which the Government irs ween
organized and which deter ie relatio’y between the people ar
BInES the relation between she people and We YoveRmeAT England not
only Has its own constitution, but it has also prow ration and motif for & humber of other
Constitutions in the world, England is the homelandof pat
itliamentary democracy. Other countries
have borrowed many of its institutions and principles,
We in India have also provided for a
parliamentary democracy on the model ofthe British Constitution,
Q.L Discuss and analyze the salient feattres of the British Constitution,
Ans: ‘The salient features of the British Constition may be analyzed a follows
1. Mostly Unwritten and Partly Write: By far te most important fetus ofthe
British Constitution isyite/tiwritien,charactec, There is no such thing as written, precise and
+ document, which may be clled the British Constitution. It was reall this aspect ofthe
British Constitutionstint {8d Tocqueville to remark that England has no Constiotion: The
ri i no Constnsin
English Constitution has"evoh@d Chrough the ages, and i largely found in judicial decisions,
- convention” Conventions ae politizal wages which have developed during its
custome ant to sity ava vil part of The Constr. They ave now Teep-ted in
‘working andl YS cat Briain, Though these conventions have not bem enected n'a state
the PrN Rr senctions behind them, yet the governments 9od.hs-people spun
a A ey kave even replaced law. This is in contrast with the system in iia, US.A,
folly hese ey oe USSR and other countries, which one preci ten contin it
Bench G eran aT document duly enacted by some Continent Assembly xpi ected
thedogm of rover A parpose of framing the constitution, The British Constitution fos
‘oy the people fot ie Tegal document, sit wes never passed by any Constituent Asenbly as
consist of any such sin gh the British Consiution is mostly based on conventions an
such, AL the same Se acted I ass pat and parcel There area munber
traditions yet it contains cert g some of the fundamental principles of the British
of historic Charters and ee ce (1215), the Petition of Rights (1628); the Bill of
constitutional Sy ies Re epresentation Act (1918); the Equal Pench det ait ie
Rights (1600) eter (1930; the Paliameniary. Acts, of 1911 and 1949 an
L caleaeemuoant wernment and organization, oo
statutes concerning oct st pevelopment and Continaty: The English Constitution is a child 2
2A Ste bs oa task 40 thecterabts: past. It was never enacted in the form of laws by
evolution. It can be traced mae
Pal
z\
“Scare wiur CamScG of history. It
98
World Constitution rany S285 out, “the Bris
ate " ple 2! oi! Satish
‘ed by English people Oo Por yisdom and chat,
duly elected by Engle.” as wets england
‘1 slowly ang
any constitution — framing body duly Gr
grow Hike an vganism and developes Fo 0 eh St
Conatiation is not a completed thing but 3 res SL cs Le
{shose vourse has sometimes bees gurded ‘by accident reajusti™ oie 1, defence
essentially moved along on her constitutional PalNWY oF ner Pe ipoduals Soe nee lost
cestfously to the changing conditions ofthe Hine 2% rye we Be ans oven et
In the words of Ogg, “the political changes 85 9 omed nares in aise eyeship oN
tradition so habitual and the disposition 19 cling !0 Ohi ‘tution of Kil ote
spirit had changed so deep footed, that constitution’ tory OF Eg reve SPiriy
sevaly paralleled in any other land.” As for X80 ec sae p05, OF CACY Oly
‘same name and style still continues although in the ition So a as BECM Peace)
has entirely changed from absolute monarchy 10 CO? onstition Yt chanees
political institution. Moreover, this evolution of British git about ple Bonstitution. It ¢
ie eer or evolutions oO apl On n0 Gistinction is ma
‘The ¢
and there have been no serious po! sic
renter The Baitisn Constituion is op ‘parliament ment of flexibly,
rity OF cated aK Merion. This quality hy,
be passed, amended and replaced by simple majo
seers e constitutional law and a ordinary 18 BO" tng
has lent the value of adaptability and adit ility 19
enabled it to grow with the needs of time. sory eparacte
4, Unitary: The British Constitution hes sian jament,
rament are vested in theBWUS” ee rcise delegate
Is opposed 10 2 Federal on
PA js @ sovereign bog
Alll powers of the gove SP ower ini gl
‘The Executive organs of state are su are administrati
an arrest ere i ony one legislate EAN Sts
its as ina Federation like
siamentary £0
ty. The real functions ay|
units and not political autonomou 0 ae
$, Parliamentary Executive; Engl 1as 3
sos ben deprived neal his powers and authority. -
Jong to the majority party j|
King who is sovereign bas been depriv
Ministers who are chosen repreventatiyes of the-people, They be
Parliament aad remain fn office\so Tong 2s they can retain its confidence. They are, sO far as ky)
jg concerned, Ministers of the King and are summoned and dismissed at the royal discretion, By
i corral practice, te choice of summing the ministers is limited to the parliamentary major
party only, and no King dare dismiss his misty s0 Tong 25 it enjoys the confidence ¢|
Parliament. Whenever they lose the confidence of Parliament, they must resign and gi
the party, which commands i i sive placey
party, whi! Js majority and therefore its confidence. No King can retail
office at his pleasures It isthe pleasure of Parliament, which can keep a Mi n retain them i
THis rclnonship of Miniges and Parareat binds the exe y ingaddle,
soonie gh he os inperan ere feat nds the executive and the legislatu
6. Sovereignty of Parliament: The Pate of oeement. ‘ “
pasiameilary, but it alo stipulates te soveeenty of P of govemment in Britain is
amend, and repeal any law whether ocinary or Con arnt
n stitutional, Its ¢ .
ommand is law and it is find
Indian estat or the American
powers of these legislaty Congress,
them unconstitutional ite . : me
i> Ziad
S€dniéu wiur camSc(
14 i
= Great Britain Constitution
+ Rule of Law: Another most important feature of the British tion is
tw. impr soa AME osi fe eitish Constitution is the Rule of
iy im atiy ofall before law, its supremacy, Uniformity and universality It has three Ce
1. Allpersons are equal before law itrespective of their A
2. “This doctrine emphasizes the Supremacy of the law and
3. No one can be det
Spacrcian. They cannot seek shelter in the Jegal immunity of the King or Queen,
ry and Practice: Unlike other constitations thereis a great Bap
y litical system. This fact fesults largely from the
don conventionfand customs. As for
ryt is the King or Queen who is soverei
Dut in practice itis the Parliament,
hich is sovereign. The King or Queen cannot veto any Bill
he or she has the ri
assed by the Parliament, elthough
ight to do so in theory. The Convention is that
is that the King or Queen shall sign
yen his or her death warrant if passed by the two Houses of the Pail ing oF
Hament, The King or Queen
or She mist accept the advice of We Cabtnel, WA is responsible to the
. igns every action of the King or
Queen, Prof. Munro rightly remarks, “The Queen retuins the symbolise of sees se power
although qe fas completely Tost tie sibsunce oF Th This alee
Sankay that"TReory has no relation toealities in British Constitu
9. Mixeitar De Peitish Constihition is @ qn
i anf democrat pran
Bhs EVES an
‘The House of Commons, which is the
Tower and popular House ofthe Paritrent, reflzcis @ tual working of a full-fledged democracy
in this country. But all these diverse :
Vtieal elements ave been beautifully we
produce the finaljeTeeh of Perfect re esentas deme. cy, in which the House of Geno,
‘exercise the ultimate supre veased to be effective and the King or
Queen has become a'titula€head onl) lence in the words) # Oy
88; ‘the Government of UK isin
Hhimate theory monarchy, in TORE €Stutional ATTN -d monarchy and in actual character a
u sa ton
‘democrationre!
coroliaty o the unwritten character of the
f Convention: A necessary coraliary 9 the way
Contin Ee avert Conventions play a vital role in the B -itish political system, For example,
We th "Queen es the prerogetve to refute astent to a measure, passed by parliament, by
Siberia, she cant dopo an the sue fas become a rigil principe ofthe constitution itself,
By convention again the Queen cannot go against the advice 0: ‘he Cabinet, though in strict legal
sense she can do so, |
Likewise, there are dozens of conventions,
Ided together to
ich dost have any force of law yet they
sesso thro and contin neve lad thie Cun
de f Judiciary: Indeper fu
system is high) oomeenane Although the British C: stitution is not based on the theory ofari gt i
World Constitution __—_— jon and tradition, lot of independence
has b
ton f pomeH Ye4 Y Gory ib voneidered lo be the moat highly impartiah wl
sirict separation of sh Judiciary “ i
tie dary. Te aoe Nee li aller on eoeoiint oF efeney aad im X
amenable rit civ hberties of people ae perfectly safe and the celebrated pin nl oF
Judiciary that al eee “I
Uw pean is eal and S aueane The Brish constitution is fall oF parang
erat sa England is now a first rate democracy but hereditary, poli
en oil and the House of Lards sil cust Wg clear contradiction
peer ms aoe hereditary Kings or Queens or hereditary legislatures It gon fe
smu of ke Briss tat even on paradoxical situation, they have ound gates
without dssbing their insttions andthe aa a Sting them ina democrat sane”
Dorover, the Driish consti is not systematic and symmetrical inform, tn tke ware
Bounty, “Britishers have simply left the differen arts oftheir Constitution Whére the wae
history have deposited them". The Britishers have not worried themselves te correlate varng
pieces ofthe constitution and bl
end intoa single whole and remove anomalies, which arg Sov
apparent,
POINTS TO REMEMBER
€2
,
Partialty
Q2. What are the sources of the Britidh Constituti
Constitution does not exist? Is it “a child of a
Ans: In every country of the world xcept Great Britain, Constitution means a body of legal
mules, which prescribe the Organization of Eovernment of that country and regulate relatos
between the individuals and the,governmedt such Tules are embodied in one or seven!
documents bearing cither the Sime dam or different dates. Such a document ‘tay haye been drawn
zP cither by a Constitution Assembly, Specially converted for SC, oF May be formulated |
by the Legislature of it may*have ‘been granted by the King through have proclamation. The
Constitution, as such eans a writen, precise and systematic document containing the goa!
Principles undet which'the government fees 5; i
jaw ofthe country and itis quite distinct
‘on? Is it correet to say that the British
cident and design”?
ad spit of te Constitution,
!
for ees Se there is no documare to Which a student of the British Constant
‘Srence, The English. Political system in the SPE ° sey
; nye and conseaben
a Ne necessities of the tine #4 ° n part ol
uncoUified, The tw en EY
Dit they do not bear the same dite ey a
The en S
Seument. I is the child of chance ands te
Temains undefined ang i
the British Constitu
hance and result of th
n whict
Britain,
One Ze: Nor is there any 1 1, Bot
‘om the one re
‘Quired for altering the
law originate fr
cc
os
a
st
is
B
T
sat
5 the
‘om the same source ond ee
ovolinsety awe fo
ovata—
16 Cv
Great Britain Constitution
arliament rather that of the
procedure in
Constitution,
The British Constitution is not
representative body duly elected by the British peo
never promulgated on a specific date in history. It consists of various elements lying scattered all
over the British history. According to Lord Bryce it is “a mace Of precedents carried in men’s
minds or recorded in writing, dicta of lawyers and statements, customs, usages, understandings
and beliefs, a number of statutes mixed up with customs, and all covered with a parasitic growth,
of legal decisions and Political habits.” The sources of the Constitution are party written and
Partly unwritten. They may be broadly brought out as fellows:
cat oreat Charters, Petitions and Statues: One of the main sources, of the, British
Political System lies in great charters, petitions and statutes enacted at different times in the
historical evolution of political institutions. The Magna Carta 1215,the Petition of Rights 1621,
“tite Bill of Rights 1689, the Act of Settlement 1D0rse wed by the Abdication Act 1936, the
Act of Union with Scotland 1707, the Parliament Act 1911 as amended in 1949, the Government
of Ireland Act 1920, the Ministers of Crown Act 1937, have been great landmarks in the
evolution of the British Constitution. Through these measures the Bhitisheesured then democratic
rights and gradually left the Monarch absolutely helpless in the hands of a democratic Parliament.
But all these form a very little portion of the body of the British Constitution They do not, as
Munro points out, make a comprehensive code, Most of them tave-been the results od the need of
the hour and are of historical value only today. In.addition of some of the majority- statutes
mentioned above, there have been various ordinary statutes; which have also contributed much to
+h Constitution. These (laws "are not marked by much constitutional
same they are veryimportant. To this category belong the various
parliamentary enactments extending the right to Wote fo the British people like the Reforma Acts of
1832, 1867, 1884, 1918, 1928, 1948 and even in 2010.
2. Conventions: Another most important source of the British Constitution lies in its
conventions. These conventions not ajpart of written law, nor can they be enforced throughi"the
courts. But the people obey.thembetause they are helpful in the smooth working of the
government. For exampléif the Queen refuses assent to a parliamentary enactment, she-would
perfectly be within her rights..But this would bring a constitutional crisis, and thus by convention
she must not refuse assent toa Bill duly passed by parliament. Another fundamental Convention
is that the cabinetaresigns jwhen it ceases to enjoy the confidence of the majarity of the
Parliament. By another Convention, the Prime Minister must belong to the House of Commons,
There are many,other Conventions, which form the very soul of the British Constitution."
3.Judicial Decisions» The Judicial decisions form another source of the Constitution.
‘The judges interpret all théestatutes and charters etc., and lay down theit scope and limitations.
Someof these judicial decisions have established important constitutional rights of the people.
Fonexample independence of juries was firmly established by the judicial decision in the famous
Bushel’s case in 1670. To some extent the British judges develop the Constitution much in the
‘same was as is done by the judiciary in federal Constitutions like that of India or the U.S.A,
4, The Common Law: Another source of the Constitution may be traced in the
institution of Common Law. This law embodies principles not laid down by Parliament ordained
by the monarch, but which have developed in England independent of both and slowly gained
Tecognition throughout the realm. The common law developed out of customs and usages, The
judges recognized some customs of the realm, applied them to individual cases and set precedents
for decisions in Inter cases. As for example, in other countries the rights and liberties of the
People are expressly guaranteed in the Constitutions in the form of fundamental rights, but in
Passing and amending them. There is the supremacy of P5 No stilot
nt G Sa ager
World Constitution Blasts ive semaine
England they are guaranteed by the common law. y eR
i aw, proved in a court of law.
except for the eens of Bauincat Jeriats: egal authorities and eminent jurists ha -
5. py ka law of England. Although these comments are mere legal ang mit
hs 2 " t
yer el epiniods cannot be easily ignored since they throw a flood of light on the si inet,
ci
y
fy
i son’s law and Customs of Constituti “tis,
Har Jaw should be interpreted, Arson’s law a on, Ws
Peltamentaty Practice and Dicey’s Law of Constitution are regarded to be authori!
comments on law and practice of English Constitution,
EXISTENCE OF THE BRITISH CONSTITUTION -
It was De Tocqueville who remarked that English had no Constitution. He wag Ted,
this belief by the absence of any written document, which might be called the Brit,
Constitution. However, in Practice this argument does not hold Water, It is true that ip, Engl
there has never been a written Constitution except for the short-lived experiments Of ty
Cromwellian era.
But what makes a Constitution is not a formal document; but the aetual Observance gp
fundamental rules relating to the government of the country, As Bryce remarks such. Tales do gy
in England in the form of a host of conventions, customs, usage and jdicial decisions that hayy
been generally recognized togethe? with certain number of character and statutes. If we mean by
the term constitution on! ly @ written constitution, with some definite'and precise rules embodied in
black and white, then of coursé, England doce Tot possess. constitution. But if we meay
Constitution a body of fundamental rules and usages, written oF unwritten, accepted as the basis of
the government then England certainly possesses a Constitution, The British Constitution ig ott
be found in a definite and precise document, It is &$ Munro points out, a complex arnalyyn
institutions. It is a com endium of charters, statutes, decisions, Precedents, usages and traditions,
some of them are definitely set down in Waiting but are changeable at any moment, while others
are living only in the understanding of the people, British Constitution is not entirely unwritten,
Substantial Portions of it have been embodied in) great Censtitutignal charters like Magna-Cari,
Bill of Rights, Act of Settlement, Act of Unions with Svotlafid and Ireland, through they sum up
only a’ smalt portion of the toial, We May also include all the Reform Acts and the Parliamentary,
Acts of 1911 etc, But these are.conventions, which are the Very centre and soul of the Britis
Constitution, since major portion of the Constitution rests Upon conventions rather than on laws
With this understanding one would agree that Britain has a Constitution much in the same
British ay otet Countries have, Rather, the British Const tution is the oldest in the world and te
British people are fully’ aware’f its existence, Not only do they respect it but also guard it vey,
based on a wrong. assumption. Whe
Tocqueville resented namely the absence of any written document is in reality the glory an
i of the British Constitutions is extreme
changing times without any difficulty.
Any Tepresentati , | ves ameiatt
y ee pe pte body never framed the British Constitution at a specific time
history Of Bri grown andevolved during the course of centuries. It has, therefore, be
aptly described ag child of accident g . : ee gull
forrect. Much of the growth often, and design. This estimate of the British Constitution is
‘Onstitution ig accidental fi lov
- C nial It ig fa slo
i een nme has been guided Partly by design ang party ‘y chance Dh
Particular time, Thig in contrast nie Casting of British people's representa
MN the Constitution of indi U. Bea
» U.S.A, and Foace,
scar meu WIUL Ud loc18 | 2
. Great Britain ‘Constitution
lained or enforced by
by'any
v modern machine age,
most all-important political institutions in England like Bic:
and Constitutional Monarchy were born oir OF chanice and expedien
Minister grew up instead of being created,
eter | y n ere are numer in
thus justified in saying that the British Constitution frome child of w
POINTS TO REMEMBER ~
ameralism, Cabinet System,
icy. Even the Office of Prime |‘
stances like that. Strachey ig
wisdom and chance”,
>was never framed or adapted by a body of pet
monarch enforce it. It just grew up out of expedi
Q3. What is meant by the phrase
different from laws? Give some
why are they enforced?
‘ople’s representatives at anytime, nor did any
iency and chance.
‘conventions of the constituiton’? How do th
examples from the British Constitution, How ani
Aus: Two sets of rules are required for the successful working oF the constitution of a count}, <,
One type of rules is those, which are enforced by the courts of Jaw and are known as conventions. +
Dicey makes a clear distinction between laws and Conventions. The laws are rules made by a ©
legislative authority, enforced by the executivé and applied by the courts. Conventions, on the
other hand, are neither made by any legislativeyauthority nor enforced and applied by the
executive and the judiciary. They are merely some understandings, habits and practice, which
regulate the working and day-to-day activities ofthe goverment and fore an unwritten part of the
Constitution. The distinction between law and convention is more formal than real. Laws are
found in statute books while conventions'are not. But the rea difference between law. and
convention is that the former is written and latter is not: Another difference is that while the '
ris recognize Jaws, the conventions are not. As for example if a law is violated, the offender
is ik ble to legal action and.cotitt sentence. On the other land, if somebody violates a certain
convention, ie i not little to be usted up by the police, and punished by the courts. In fact the
i i fic opinion.
one ave Oe Kodvcersive ad it always delights in following the experience of the
Ny adjustments to suit the new requirements. Rules once evolved and
eavequently followed become customary and binding. All rules evolved in such @ manner,
feo anid considered binding by the people ff the matter of government are characterized by
. Krecti tution. .
tie etn envio tovem, wy in A |
‘i Dh of todsy may become a law tomorrow. As for example, the office of Prime ms
owed sexi tence to a long established convention but it was given legal recognition with e
oe of Ministers of Crown Act, 1937. The same Act legally recognized ‘Party’, ‘Opposition
passage Of Minis ion
sant 1 enatand fe eoraace of conventions cannot be exaggerated because the whole
sng of the Constitution rests upon them. The conventions secure continuous covapraion
Porkin® the various organs of government. Conventions are necessary for the proper working of |
thet Constitution. If the British Constitution is stripped of its conventions and displayed in its legal
nakedness, it wolld be unrecognizable.
ers .q~ |
oy
Scanned with CamSiSeer nerent rd
. 19
World Constitution
‘A complete list of th
e conventions may niot be given. The following, however, are som,
of the important conventions, which are recognized and acted upon
‘ EEN .
IN RELATION TO TILE KING OR QUE :
° the leader of the majority party in the House of
: the King pr Queen must summon I
‘ ee Fem the government after the general elections are over. He jg
Prime Minister is then given free hand in the
designated as Prime Minister. The. iis ministry.
i r \d formation of his a
selection of his colleagues an A a eect whatever and whenever
The King or Queen must accept the advice
v
tendered.
3. =e, or Queen must given his or her assent to a Bill passed by the.two
Houses of Parliament, even if it refers to death warrants of the King or Queen
himself or herself. z
4. On the resignation of a Ministry, the King or Queen has to summost the Ieader of
the opposition to form an alternative Ministry. «~
(8) INRELATION TO THE CABINET: ~
1. The Cabinet holds office only as long as it retains the confidence of the majority
inet must resign if it Idses the confidence of
in the House of Commons. The Cabi
the majority in the House. As an alternative, the-Prime Minister of the defeated
c the King or Queen to disgolve the House. By way of
Ministry has the right to as!
another convention, the King or Queen must accede to such a request of the
Prime Minister and must order fresh elections. If the defeated Ministry gains
jority in the House again, it will continue iff office and if it fails to win at the
1s, polls, it must resign beferc facing:the new House, It cannet request the King er
3/27 Quéen to dissolve the House'for the seeond time.
sll the ministers are collectively respansible to the Parliament. Even if one
minister is censured or defeated in the House, the whole ministry must resign en-
bloc,
The cabinet cannot declare war or conclude peace without the approval of the
House of Commons.
The Cabinet is'an extra-legal committee of the legal executive called the Privy
Council and exercises all the powers of that body in practice. All members of the
Cabinet,become automatically members of the Privy Council.
The Prime Ministér of England must belong to the House of Commons. The
conventions were established in 1922, when Lord Curzon was not chosen’és
Prime Minister because he belonged to the House of Lords. pert!
: all -
(©) ANRELATION TO PARLIAMENT ere
1,.\ “the Speaker of the House of Commons must keep himself aloof from party
politics, He must behave as an impartial judge and should not commit t© ‘any
politcal opinion inside or outside the House, He is to lead the life of pst
5
exile,
2 Once a Speaker always the Speaker’ is another significant convention regardité
the office of the Speaker: The Speaker of the outgoing House is ret
saspesel fo his sonata in parliamentary election. The Hous’ ©
unanil i i nti
. wimg arte dan ono ly elects him. Thus he is allowed to continye as SP*
I Parliament must 1 meet at least once a year,
|
|
|
OcdIINeU WILT vainS¢_ (9
Great Britain Constitution
part in the working of the House of Lords when it sits
as the Highest Court of Appeal. Only Law Lords especially nominated to the
House of Lords are to perform its judicial functions.
Tis a matter ‘of convention, that every Bill must have three readings before being
finally voted upon in each House of Parliament. ——s
Again there is a convention that a speech from government benches must be’
followed by a speech from thé oppositien.
Peers are appointed om the advice of the Prime Minister.
All Money Bills must originate in the House of Commons.
Her Majesty’s Opposition, as a representative of the largestyminétity inthe
nation, has a rightful status to be upheld by parliamentary progedute,
(SANCT! TON BEHIND. CONVENTIONS
«a: Onventions ate political usages, which havesgro
* Constitution. They have not been enacted both by the Parliament and hence have no physical
Sanction behind them as Law of the Parliament has. Yet these conveftions are obeyed both by the
People and the goverment, Prof. Dicey was of the opinion that these conventions are obeyed
because their breach shall ultimately bring the offender in conflict witk Some established law and
then it will ental legal punishment. As for mstance, i Te King Goo TOU SaMIGA Parliament for
more than a year, serious consequences would follow. The Army Act would lapse; consequently
the maintenance
of armed forces will become illegal, The-Finance Act will also lapse and the
Cabinet shall not be legally entitled to raise taxes and send money.
Prof. Dicey’s view is only partially cOtrect/Not all conventions are bound up with law.
As Dr. Jennings has pointed out, the violations ofevery convention does not necessarily lead to,
the breach of a law. For example, if the Cabinet refuses to resign when the House of Commons
Pass a vole of no confidence, no legal consequences will follow. Lowell while endorsing the
opinion of Jennings points out that England is not obliged for ever to hold annval sessions of
Parliament. Being a sovercignsbody it can pass a permanent Amny Act and grant taxes for a
number of years.
The lay peers do not take
wn in the course of the working of the
Lowell points outythatyconventions are supported by something more than the mere
realization that their violation’may bring about breach of law. According to him, public opinion is
the real sanction behind conyentions of the Constitution. It is a convention that Parliament must
be convened every year and that the Cabinet defeated in the House of Commons over a vital issue
will resign or*@ppealsto the electorate. If these things do not happen, there is bound to be
Tesentment ih the pbblie. This fear of annoying the public compels the political party to obey the
convention’, Jf the conventions were not obeyed, there would be rumerous complications in the
\WOrkinigof the government, which no statesman with any interest inthe future of his party can for
a moment’over Took. The conventions are rules of Constitutional morality and code of honour.
They reflect the political needs of the people. Any deviation from the established conventions
will terribly offend public opinion. No party or politician can, forget that he is to face the people,
im general elections. The fear of public opinion is therefore a Positive check on the politicians in
England to follow the conventions most scrupulously. The conventions are honoured in Britain
‘because these are the motivating force of the Constitution. They have indeed oiled the wheels of
democracy. These are, in fact, the most vital parts of the Constitution and have determined its
growth and transformed absolute monarchy int
‘0 a crowned republic,
POINTS TO REMEMBER ae
The conventions constitute a vital part of the British
Constitution. These may be defined
as those understandings, habits and practices,
which regulate day-to-day working of the
Ay
a
OLAIINIEU WILE Gd otee
World Constitution
government, There are conventions
gto the King, the Parliament and the Caine! Thee
controversy among the constitulionalisis nto why conventions er bee ahoun ane ne
opinion that conventions are obeyed because their breach would ch of every convent te
mot gee 2s, But this is nota satisfactory explanation because breach satisfactory explance®
pee necessarily bring about a clash with existing laws. But this i not a satistacton tome
Me ony preach of every convention does not necessarily bring about a conde conven
the opinion of Lowell, public opinion is an effective sanction be nition, ’)
Statesman with any interest in the future of his party can violate a convention.
Qe. Discuss the nature of sovereignty of Parliament in England. nual?
Ans: Sovereignty of the British Parliament is an important feature ged Gon]
fustem. The struggle between the King and the Parliament was finally i ent The Brith
Revolution of 1688, which was further reinforved by the Act, of Sct ement The Bi
Parliament became a sovereign body. In its legal sense the Parlianiént consis ils supreme
Commons, House of Lords and the Monarch. Sovereignty of the Parliament means its supremacy,
There is neither any other authority above it nor any aylhority abgye it mor any autharity yong
its Control
Sovereignty of Parliament has two aspects positive and negative. Looked at from the
Positive angle, it means that there is no law, which the Parliament cannot make. It is competent ig
Pass, amend and repeal both ordinary and constitutional Iays. It is both a legislative body and
Constituent assembly. Parliament gained sovercigmpowers after a long struggle for supremacy
With the kings at various stages of British History. The Parliament controls the Ministry. The
Jatler remains in office as long as it retains confidenee of Parliament. So Parliament is soversign|
' The Parliament can also make laws regulating private rights and public rights. It controls amy,
executive and judiciary. It can make laws annulling a decision of a court of law. It can establish
an absolute monarchy or a Communist society by an ordinary law. The laws passed by it]
i
i ordinary or constitutional, do nob fequire any ratification. Its word is law and 3 Prat Taw. The
| Parliament can extend its own life; ean legislate for abdication of a mi i
\ : :
‘a. execttive by Parliament itselt
Looked at fiom the negative ane
guthority in the country, whichens uate: me eteienty of Part
Scanned with CamSxly)
22
Ee Great Britain Constitution
a econdly, there is i i i
at ly, no law already in force, which the Parliament cannot amend or
3. Thirdly, there i itt i i
Ti o; here is no constitutional law, which the Parliament cannot make, amend
4,
Fourthly, there is no judicial authority i ited Kin
purthly, ty in the United Kingd Si
aside laws passed by the Parliament. ‘alo which ca
LIMITATIONS
___, Dicey’s analysis is a legal truth, but what
Dicey’s conception of sovereignty of Parliament is therefore, subject to serious imitations,
Dicey and others belonging to the analytical school dealtwith only legal aspect
of sovereignty ignoring altogether hard facts and realities of life. Legally, the
Parliament may make any kind of lay but it cannot pass laws, which are against
atin the established ode of morality. If the Parliament ever Ventures such a legislation
“g,. Public opinion is sure to revolt against its authority. Nor will Englishmen tolerate
“SPs \such an action of the Parliamentarians: Even.sove
ensovertignty of Parliament is the
i ‘of a long established custom and the same cust
is legally ue may be politicallywrong.
Serra of Pac a te Bae castors itself is a btr.on the
rersignty of Parliament. 4
'} Fhe Rule of Law and. sovereignty of Parliament go together. Sovereignty of
E/ § Parliament is tolerated in Britain because there is Rule of Law. Rule of Law
(ar / establishes the equality of allibefore Jaw and there is nothing atbitrary in Britain.
” “If the Parliament passes a legislation, which violates the Rule of Law, it
endangers its own supremacy, The principles involved in the Rule of Law are the
result of the struggle of the pedple extending over centuries. So is the sovereignty
of the Parliament. The liberties and freedoms of the people depend upon the Rule
of Law as there is nothing like Fundamental Rights in Britain, Sovereignty of
Parliamentiantd the Rule of Law are, therefore, inter-connected and mutually
inter-dependent,
3. Parliament isitsélf a fiction because it not an institution. Parliament consists of
the King, the House of Lords and the House of Commons all the thtee parts join
togetherito complete the actions of Parliament. Burt the competence of the House
‘of Lords, with the passage of the Act of 1911 as amended in, 1949. has become
limited and if today the King and the House of Commons were to pass a lav. -
abolishing the House of Lords-within the requirements of the act there is nothing
to obstruct. Therefore the conception of the sovereign power today, stands
fundamentally changed. Under the present circumstances Parliament is the House
cof Commons and in the broader sense it means the majority party in the House of
‘Commons, which, in its turn, is the Cabinet. 5
4, Though the Parliament may legally legislate for the Dominions, yet its powers
are rigidly limited by certain conventions. ‘There is a convention that any change
touching the succession to the throne, the royalties of titles shall require bed
assent of Dominion legislatures apart from the Parliament of the ‘Unites
Kingdom. Again, no Law passed by the British Parliament can be anolicable to
any of the Dominions. This is 2 serious limitation on the sovereignty of the
British Parliament now. at . '
‘The jurisdiction of Parliament is further curtailed by the International ie
“now a recognized principle of the British Constitution that International
OLA IHNeU WIL UallioCWorld Constitution ot 23
part of the Municipal Law of the Tand-Any legislation, which is likely to violate
Intemational law, is beyond the jurisdiction of the British Parliament.
Further, the Judge-made laws, the delegated legislation and a new form of
\ administrative law, which are finding an important place in the British
A | ioe we ‘are important limitations over the sovereignty of the parliament.
wl Ff )<* | There are not laws made by Parliament, yet they are as much part of the laws of
yp/ the land and those made by Parliament.
“¢/ Asa matter of convention, no Parliament can pass a law, which is likely'to afféet
"the interest of trade unions, chambers of commerce and like without‘consulting
_ these bodies.
8. No Parliament can make laws, which affect fundamentally,theygeneral policy of
the State unless it has been an issue at General Elections, For example, the
Parliamentary Act of 1911, which substantially curtailed the powers of the House
of Lords, was passed after electing public opinion at General-Elections.
Prof. Dicey himself feels that there are two kinds of Jimitations on the parliamentary
sovereignty: one being external and the other being internal, Externally, Parliament is bound by
the public opinion. It cannot pass any law or laws, which inay enirage the masses. The fear of
public revolt puts a definite limit to the powers of parliament. Internally, its sovereign power is
* bound by its nature, It shall pass only these measures, which are Tikely to be approved and liked
by the members who compose the Parliament. Thus the’ internal limitations arise from the
composition and character of the Parliament itself. Further o#fé Parliament cannot bind the other:
Every parliament is supreme and can amend or repeal all laws passed by its predecessors. This is,
however, not a limitation but an incident of sovereignty. .
Tt should be noted however, that the Parliament is supreme in theory alone. In actual
practice, it has never been so supreme. The powers Of the monarch have decreased but the powers
of the Cabinet have steadily increased. The Cabinet backed by strong majority in the House of
Commons controls all legislation. Parliament in practice does little more than register the wishes
of the Cabinet. :
POINTS TO REMEMBER,
The Parliamentary sovereignty is an outstanding feature of the Constitution. It has two
implications. Positively, Parliament can amend and repeal both ordinary and Constitutional laws.
Negatively, no one in,thé reform can challenge the validity of the laws passed by the Parliament.
Although legally Parliament is supreme in all respects, in practice itis not so: Its authority suffers
from various imitations. The public opinion is an extemal limitation. The composition and,
character of Parliament is its internal lifitation. International law is still another restriction. Tl
Parliament by Way of practice cannot pass legislation in respect of various public bodies like the
Trade Unions) It cannot introduce a fundamental change in public policy without the consent of
an electorate:
Q5,\ The Rule of Law is au essential guarantee of the liberty of the English people’.
Elucidate. Boop
OR
2 Discuss the nature of the Rule of Law in Engla
; : M gland. Are there any exceptions to it?
Ans: The Rule of Law is a unique feature of the British Constitution, Ordinal it ria that
there is government of laws and not of men in England, Law is supreme over all Ne claim
exemption from law. According to Dicey it has the following implication.
1. No one can be punished except for bre i
ach of law: Firstly, i E i
Punishable, or can be lawfully made to suffer in body or goods, Gee ea die reach of
OcdIINeU WILT vainS¢10 his own
! lous cases a jury must i
liberty and property arbitrarily. It establish
opposed to the influence of arbitrary power,
2: Equality before Law: Second implication of Rule of law lies in the FE \thatno
above law and every person whatever his rank, or condition, is subjéct f¥ the ordinary
ind amenable to the jurisdiction of ordinary tribunals.” In tif
S are bound to obey the ordinary laws, which govern the priva
jurisdiction of the ordinary tribunals. This is in contrast fo the
Prevailing in France and other continental couniti:
its officials are beyond the ordinary courts and ay. ‘be dealt wi-h th: special
Courts known as administrative courts, In England, such is not the ease, #*With ue, says Dicey
“every official, fr
rom the Prime Minister down to constable ofa tollesté -f taxes ur Jer the
Same responsibility for every act done without legal purificationyas ahy othe tizer-” ~
This aspect of the Rule of Law is of great importanee. A¥Mhitlard points o tit ensures
‘ministerial responsibility in legal sense. The ministers remot only politi respen.ible tothe
Parliament, but they are also responsible before the ofdinary courts of law. =v can be eued ny
Prosecuted for any illegal action taken by thetn in theif official capacity.
3, Fundamental rights of the People are guaranteed by the ordinary lay. ‘nthe third
place, the Rule of Law implies that various rights of the people like the right to personal liberty,
the right to public meeting etc., are in England part of common law or the result of judieig
decisions determining the right of private persons in particular cases brought before the courts. In
other countries like India or USA. these fundamental rights are embodied in their written
Constitutions. The judiciary igthezedlous guardian of rights and liberties ofthe people. It is an
interesting fact to note that in England people enjoy
much more freedom than in any other
country of the world although their rights have never been reduced to writing in any formal
Constitutional documents
EXCEPTIONS TO THE RULE OF LAW
There,are cettain limitations, which the principle of the Rule of Law suffers from. These |
limitations may be brought out as follows.
1.\\ “he Crown i not able forthe wrong done by its officers. A government official
is personally responsible for his mistakes made in his official capacity. But since
the government eannot be held responsible. The wronged may go without an
adequate compensation or relief because the wrongdoer may not have sufficient
resources to pay the damages. In France where system of administered law
prevails the wronged can secure proper relief from the goverment for damages
done by its officials, a he uve ttn exert
dis fast developing into a welfare state and the activities of the exe :
> soknine Uo various fields such as education, public health, towncplanning
etc. Asa result of extension of functions, it has become customary to entrust the
executive authorities with judicial powers. As a consequence, the distinctions
between the rule of Law and the Administrative Law, so sharply drawn by Dicey,
are fading away. Thus the Roads Act 1920 authorities Minister of Transport to
--are subject to the j
administrative law
the government or
systen of the
where disyute ir -olving
|
|
Scanned witir varieiat Senin ~ 25
rie decides appeals about the Opening of new schools. An appeal a ting
an order of s Coury Council lies with the Minister of Health, This isa king
oan trative law, Under it the administrative agencies exercise the jurisdiction
ofa judici | nature over the rights and property of citizens, ,
3, _Iudges cannot be held responsible for anything done by them in the of
"course of their business,
Ticial
4. Foreign rulers and diplomatic representatives cannot be tried by any court in
England for eny wrong committed by them. /
‘The servants of the Crown have Practically no protection against the Cro
though they are dismissed without a just cause.
Till the passage of the Reform Act, 1947, peers could only be tried BY pects,
which was clearly a violation of the Rule of law,
The Crown alone has the Power to grant or refuse passport.t6 travel
country and such orders cannot be challenged in a court of law.
‘The action of the Home Minister regarding naturalization of aliens cannot be
challenged in a court
of law. Likewise cancellation of eitizenship cannot be
) challenged.
wh eet
in any
Trade Unions enjoy a lot of immunity from law.
This essential that proceedings against a public offical Must be started within a
Period of six months from date of the cause of action regarding any excess,
reblect or default of public authority, The rightof aetion lapses after six months,
Moreover, hearing penalty isto be paid ita eitizen’s lawsuit against an official of
the Government fails These facts discolitage any action on the part of private
Citizens against a goverment oficial even if he has dane a serious damage in hig
official capacity. : !
The King or Queen is not
is,
* isan essential
Bagh
destined and pe MS, In the frat rf
y equisite of the British Constitution, According to Dicey |
ace, it
an
ms ered we p implies that no person in England can be arrested
Futon of,PE in Engin 2 Proper tril ina conn Of law. In the second place, i |
0 oa tan fom f Prime Minister to a peon is amenable to
Pe the Rest Odinary lve ofthe nd. The a BY Las, es and liberties |
haye Rdequate rie enunciated at ate rit of Law yatfers from limitation eet |
* compensation pad #0Ve, a person wronged by a gove ma
a sland is fash developing ane ‘i es ‘Tament official
elfare state resulting ®™ |
ovanmeu wit LaMS¢Great Britain Constitution
extension in the functions of the executive. The various administrative organs are, therefore,
entrusted with semi-judicial functions. ‘Administrative law is ‘automatically coming into existence.
Rulers of foreign states and diplomatic representatives are not subject to'the jurisdiction of the
British Courts.
macular of
“There are riany subtle distinctions in the ver
is more vital than the distinction between the King and the Crown "
by the people than ours.”
“No monarchy in the world is more secure, or more respected
Herbert Morrison
“There are many subtle distinctions in the vernacular of the British Government but none
1e King and the Crown.” Gladstone
sh more vital than the distinction between th
‘No monarchy in the world is more secure, or More respected by the people than-ours.
Herbert Morrison
‘the British Government but none
Gladstone
3- THE MONARCHY — THE NOMINAL EXECUTIVE :
the institution Of monarchy has existed in
England fad fifty-three monarchs. With
the exception of five women, all have been men. The longest reign was that of Queen Victoria
extending over sixty-four years and the shortest period of reign Was that of Edward V who ruled
for a few months in 1483. It was only for eleven. years (1649 ~ 1660) that England remained
without a monarch.
‘The British Monarchy is 2 hereditary i
ent from time to tim
Except for a decade of Puritan Commonwealth,
England sine Roman times. During the past ten centuries,
‘Astitution, which is regulated according to laws of
succession passed by Parliam: ‘The succession to the throne in present time
is regulated according to the Act of Settlement, 1701 as amended from time to time. The Act
we reed tht te throne of England sould pas ove the heirs of the princess Sophia of
provided ill 1914 the Royal Family was designated a8 the House of Hanover, but after that it
passed on to the House of Wiridsor ‘Ascording t0 2 provision in the Act, only Protestants are
ato succeed to the throne, Besides by usages the throne descends according to the principle
ignite, which meas thatthe elder soni 10 be preferred to the younger. Male heirs are
orem to female his ofthe sme degre. n eas no direct heir to the throne is available.
3 meat would have to provide forancw dynasty by amending the rules of succession
a eT tne King if ny, bestowed wit ie tle of Prince of Wales, The Queen
The eldest son Seeded tothe tone afer the death of her father King George VI she being the
El Mr and they're being no male issue, Tere is a great dstneton between a Queen
eldest dave te Crown inher ow right anda Queen who gains her te by being the wife of
a KingeThe former exercises the functions of the Crown but the Jatter does not. .
ceive an annual grant from the national treasury. Itis called Civil
The British Monarchs r
List Parliament determines by law an annual Civil List to be paid ftom the national treasury for
the maintenance of the Monarch and his family.
Q.6, State clearly what you understand by the term ‘Crown’
in the Ei 7
Bring out the distinction between the King and the Crown. Aon eet ‘he
powers of the Crown.
ORx
‘World Constitution nd reigns but does not rule’, F, mii
Q. ‘The King or Queen ee of the statement. alae
the I
British Monarchy in @ to
ri titutional history of England begins with an absolute Monarch The
‘Ans: The Const He was the source of laws, head of executive authority ang for titer
the supreme authority. ith the growth of democratic ideas, the powers Of the path
Oo a ae measfered io the Crown as an ination, By and by, hea! rete
person beg
A itt id his powers began to be exerci 'o)
Position of a nominal oa isi af fe foe te my Council, Cabinet and Pi Choy
pte aah roti between the King and Crown is the distinction between the thon fa,
senon epeniaatt ssanntuon The Kinga perionwhrasthe Gown reget
fistitution ‘The King is a human being, is born gets crowned and ultimately dies. The ¢,
an institution is perpetual, The distinction is clear from the following oft-quoted maxim of;
British Constitution. ‘The King is dead, Jong live the King’sThe word King Used in the firs,
of the sentence refers to the King as a person and the same word used in.the second part gh
sentence refers to the Crown as an institution. This shows that the King as a person can die}
Kingship or Crown as an institution cannot die. It is immortal. It is only an abstraction, lit
words of Sydney Low it is only a myth, Begehot calls it, ‘a convenient working hypothes
Munro regards the Crown as ‘an artificial juristic persons’, Ogg defines the Crown as
Supreme executive and policy framing agency*whicli means Practically a subtle combination ,
King, Minister and to a degree Parliament’. This shows that the King is only.a part of the Crow,
The King 2s an individual does not exercise the powers of the Crown; he exercises them on th
advice of his ministers who are responsible to Parliament, which Tepresents the people, A minist,
must countersign every act of the King. “©
aan casters: The powers once exercised by a monarch have now been transferred to the Crown a
an institutions Tt is very strange that the distinction between the King and the Crown is onl)
Conventional. Law does not recoghize it. In legal theory the King is stil
Im the early days, the man or woman
and autKority of govemment. As explained
Powers instead of being used by the Kin
ed
fl Yay Imown as Crown, which is a conte tion of King or Queen, Cabine’ MAY Couns, bY a
‘arliament to some extent, The King or Queen is still there, He or she We! wer in the S&P on,
OLAIINIEU WILE Ud Tot=
# Great Britain Constitution
case a minister can scck justification of his illegal action in the fact that action
was taken by him in the name of the King, Thus the doctrine of ministerial
responsibility, which is the bedrock of British Parliamentary system, is the
logical outcome of this constitutional maxim. It has reduced the King to merely @
figurehead and deposited all real powers in the Cabinet.
POINTS TO REMEMBER
. The statement that the King can do no wrong is an iniportant maxim of the English
Constitution. It has a double implication. In the first place, it means that the King or Queen
cannot be used in any court of law for any illegal action, In the second place, it implies that every
netion of the King or even is to be countersigned by some minister. No minister can seek shelter
in the legal immunity of the King. ‘:
PROBABLE QUESTIONS OF (CSS, L-LB - 1)
ship of the State, itis the spar
“If the Crown is no longer the motive power of the :
ly usefullbut amvessential part
upon which the sail is bent and as such it is not on!
in the vessel also.”
(Lowell) Elucidate
e theory an absolute
a democratic
(Ogg) Discuss
“The Government of the United Kingdom is in ultimat
monarchy, inform a limited monarchy and in. actual character
republic.”
“The British Cabinet is the mast curious formation in the political world of modern
times. Gladstone
“It is easier to know what the cabinet was,than what it is now.” Colin Seymour-ure
of the twenty-two men and women round the cabinet depends
—~ “On the performance
1d wellebeing of 56 millions people in the United Kingdom.”
directly the security an
Peter Hennessy
4-GABINET - THE REAL EXECUTIVE
‘The Cabinet.is the real as distinguished from the nominal executive in Britain. Though
every action of the goverment is taken in the name of the King yet real and effective the Cabinet
exercises powets, The, Cabinet has been aptly described as “the steering wheel of the State”.
‘The'Cabinet must be distinguished from the Privy Council and the Ministry. The Privy
Council is adefunct body consisting of 359 membeis, All Cabinet Ministers are the members of
the Privy Council because till recently law did not recognize the Cabinet. Hence no one is ever,
officially appointed as Cabinet Minister. He is appointed a Privy Councillor and then summoned
to Cabinet meeting, The Privy Council is thus a bigger body and the Cabinet is a small body of
ministers who take all decisions regarding the policy of the government. The work of the Privy
Council is mainly of formal character. The meetings of the Privy Council as a whole are
convened only when there is the Coronation of the King or Queen or some other solemn
ceremony is to be performed. Ordinarily 4 or 5 Cabinet Ministers (who are also Privy Councilors)
meet at Buckingham Palace and act in the name of the Privy Council. :
3B Yor
v/
ovdilil
OR 1 Gat niScistry is a bog
ni Ys Wy
fers Who are mer! Mhi
2 is also made between Ci sts of Se They hold office ge i
World Constitution
. Adis oe © Ministry consis!
includes all the Cabinet Ministérs. The Mina & forte ae the Cabin go nes
citer House of Parliament and are responsible 10 TN es herd are mon: ¢ ke
they enjoy the confidence of the majority in d by the Prime Minist ters enjoy Cabinet tay,
beey consisting of important ministers selected BY Ne TOC. Minis fal bos
ministers in the Ministry but only aboit a oti of cite fea a :
et as a body for fc
soles heer his only the Cabinet, which meets ae seat and is not concerned with yt
the government. A minister is only the head of a certain ns taken by @ Cabinet are COTS
determination of the goverment policy. All the decintaken in the Cabinet ~ the First
PRE ministers. The following ministers are invariably BACT OO equer, the Ministe
‘Treasury, who is the Prime Minister himself, the Chan relay of Sate for Home Ofie
Defence, the Secretary of State for Foreign Office, the Seony of Siate for Colonial Office 9
Secretary of State for Commonwealth Relations, the Seore
Lord President of the Council and the Lord Privy Seal.
i id.
Q9. Trace the Growth of Cabinet System in ee 2 ofthat party or Coalition of par,
Aus: —_Laski says, “The Cabinet is essentially a commit ” In England, evetY act of the State
Which can command a minority in the House of Commons. tive only. The real oxen
done in the name of the Crown, But the Crown is the nominal exe ing on the adminisnee ont
is the Cabinet. On Cabinet's shoulders rests the responsibility Fecenivn of the English peopl,
The Cabinet system has been regarded as the greatest contribt 7 PI
to the art of goverument. Gladstone called it the most curious formation in the political World of
modem times. In Bagehot’s opinion itis a hyphen, whichyoint a bucket that fastens the legislative
Part of the state to the executive part. lis imporfance,in the British political System is great,
Lowell regards it as ‘the key stone of political, arch”’and Muir calls it ‘the steering wheel of the.
ship of the State. :
‘The Cabinet has been defined asa body of royal advisers, chosen by the Prime Minister
in the name of the Crown. The members of the Cabinet must invariably be members of either
he Lower House. They mug,
which took several centuries. IlSstory is nara] below—
. Dei Minin nl in England, the body of King»
: as ‘Curia Re, is’ or " ounei
ey ee
a eN Tie te ing i ee oftneed ang also looked afer ur ue bs be
anes efEb Viorel mae inances, ‘uring
ans sinter TIN OF Charles I, the Cabinet res te oan sy
' Senn 8S only a small body of
"n by the King. In the reign of
S advisers. and
lar}
ial in
" : ee : Pointed body of advisers
© ministers - ie eae ft
Ba en ie, Clifford, Arlington,
Fie 0 tenet in any sense of the
hed ¢, S 8 special co ittee.
ed forthe © the Wrongs Committed Sever
Y them. Their
ki ~~ ovalieu Wilh
. Tt performed °
mS36
Great Britain Constitution
impeachment established the principle of ministerial responsibility. At the same,
party system, which is essential for the proper working of the Cabinet system,
developed in the period of Charles II. ‘Thus the two essential features of the
Cabinet system-the principle oP ministerial responsibility and party system came
into existence during the reign of Charles.
The Cabinet system Further developed dating the period of William IM and
Sf, \Queen Anne. The Glorious Revolution had Trl lied re ripe of the
‘\ | » Bovereignty of Parliament. The Whigs and the Tories Were two parties-where
&/ y jpolicies and forms acquired a clear shape, Both these factors helped in the glowth
£°/ of the Cabinet system, In the beginning William IIT chose his ministers from both
the parties, But the practice failed to bring about homogeneity in the Cabinet,
which is very essential for the purpose of,proper administration. William DT was
compelled, in 1695, to call upon the Whig Party to form the Cabinet. The Whigs
were at the time in power in the House of Commons.. med upas fall: . .
1 Exclusion ofthe King: pies under Cabinet fore of gove i
4 P. hi t, is no longer the
Sctetmiing and desing factor tie Fondue OF government sures SOveTBMEN inet i
Seca scat aan se int na
Tegarding the executive
he ‘ © King form Cabinet Meetings was
. th
mectings ofthe Cabin since he ron of tte Ki eceotge l, who would not preside
8 But now itis a fim mat Y and Would not understand
- " Of British part
Sh parliamen| democracy.
Cabinet usual tary
le 5
ver tno Iy belongs to the same politcal
. uring “2tS prior to 1915 every Ministry
, «
Beloved many The of Great Brac! ®2YS of World War k 2
LBaldvin,
ae. There hay 4S constituted. Since 193]
ambetlain ang Chure : been such ational governments unde!
oCanieu wit LaMS¢us
= “Z Great Britain Constitution
3. Ci ie Es
fe. Cater Retslonstip betdeen/ thie Exceutive and the Legislature: All the members of
ist be members of either House of Parliament. A non-member of Parliament may
40
a be nepal ; ister but if he is not made a peer, he must become the member of the House
ee cee ae sal Since the ministers belong to the majority party of the House, a
close pontact is established between the executive and the legislature, This isin sharp contrast
American political system which is based on the principle of separation of powers and
which seeks to keep the executive and the legislature separate from each other.
4. Unity of the Cat
, ‘ + The Cabinet always acts as a unit. The members of the Cabinet
may have differences in the Cabinet meetings but once a decision is taken, the. dissenting,
members arnot express thet dissenting opinions before Parliament o the peoplen They are
supposed to face the House and the people with one voice. Lord Melbourne is stated to have
_Temarked to his Cabinet colleagues. It does not in the leat matter what we say in the Calpinct
fneetings but we must all say the same in the public
___5. Ministerial Responsibility: The responsibility of ministers i®two-fold. itis legal and
politcal. Legally every minister is responsible forthe advice that he mayve to the King, That is
why a minister, who will be responsible before the court of the aw forthe legality of his actions,
must countersign every act of the King, This is illustrated by the’sayinge The King can do no
wrong.” Political responsibility implies that the ministers are, responsible to the House of
Commons and must resign whenever a vote of no confidence ispassed against them. Butin actual
practice the Cabinet seldom goes out of office on losing the confidence of the House. It dissolves
the House of Commons before its own removal. It resignsionly after the general election ifit fails
to win majority at the polls again. Thus it does nat consider itself to be responsible to the House,
instead it feels its responsibility to the electorate.
“The responsibility to the Parliament is also elective. The Cabinet always acts as a unit.
‘A vote of no confidence against one Cabjnct minister is considered to be a vote of no confidence
against the whole Cabinet. The Cabinet must sink or swim together, But there have been
occasions when a blundering minister, whose policy the House of Commons or the public does
tot approve, is asked to resign aloneayhite the rest of the Cabinet continues.
6. Leadership of the Prime ‘Minister: The Prime Minister is the leader of Cabinet. He
forms the Cabinet and gllots,potifolins to ministers. The Cabinet ministers work under his
guidance and direction, HeTresides over the meetings of the Cabinet. Other riniter segarding
the major problems of their departments consult-him.-He eo-.ainates the activities of the
ie otere and settles dispates among ther, He can eal fr the resignation of any minister if he
ves mot approve of his policy. Tt happen so a rumber of times. In 1922 Mr. Montague the
Secretary of Stae-for India was dismissed, In 1935 Sir Samuel Hoare resigned for he had
Sifirenses with Baldwin, the then Prime Minister. In 1938, Mr. Anthony Eden had to resign
Secmase be-differed with the Prime Minister Mr. Cambodian, Moreover life of the Cabinet
revelvestound the Prime Minister. I the Prime Minister resigns, the whole Cabinet is supposed
to fave resigned. In 1931, Ramsay Macdonald resigned without informing his colleagues. With
é resignation all the ministers were automatically removed from office. Laski has therefore
aptly remarked it, “with the announcement of the Prime Minister's decision to resign the
Ministers came to know of their sad demise.” The Prime Minister, hence, central to life and
central to death of the Cabinet.
7. Secrecy of Cabinet Proceedings: All the members of the Cabinet are supposed {©
bserve secrecy in connection with the proceeding of the Cabinet meetings, They are not
supposed to divulge seorets before the people ofthe Parliament. The Cabinet is thus secret body
collectively responsible fur is decisions. It deliberates in secret and its proceedings arc highly
confidential. The Privy Councillor's oath imposes an obligatign-not-ta disclose Cabinet secrets.World Constitution
Unit Lloyd George Established the Cabinet $
Prime minister could take notes of the poi
Proceedings are ever published. All members ra fe
oath of secrecy, However, the secrecy is violatec his resign ;
resigns and makes a statement giving reasons of hi of the minutes of proceedings of he
Of 8 minister are published. The King gels a summary of
Cabinet and also all the dispatches received or sent ot by the C
8. King or Queen as a Titular Head: A Cabinet head is the Queen or king. The reay
sean i whose name the county is administered. This head is the Quesh Principle is in
authority of goveming the people belongs to the resp ruoted maim that ‘th®King Of Britain
conformity to and exploration of Sir Henry Maine's often quot
Fesigns but does not rule”.
7 S
9. Government by Majority in the House of Comaibut = - i tira
Cabinet Government is that the King summons the leader Of the patl Y coe Rc eee
form the Goverment, So Jennings writes. “The Queen has one and only 4 tis neceseen ne,
importance, It is to points a Prime Minister. In this, her choice iS, jinited i ey a
essential that the person commissioned to form the government should be a arty leader that
Commands majority in Parliament. It was an easy task s6 long as there were only tv9 polite
Parties. With the emergence of the Labour party as third political party sometimes it happens, asi
did in 1924 and 1929, that no single party could command the majority. In these circumstances
the. King exercises his discretion to summoning’® leader who can command the support of
majority with the Commons. Twice, in 1924 and 1925, Ramsay MacDonald, the leader of te
Party, was summoned to form
the occasions MacDonald had
; a
no records were kept and only.
discussed. Now, however, there is @ Separate fu,
eaety cret. No formal repo,
t kept secret Pons gf
Medged secretariat and the proceedings are recor oa a ised. All members are wae
inct Secretariat in 1917,
minister who differs with Cabinet ply
ation. It is also violated when memo;
Cabinet. .
smment must haye 2 titulaPhead of
a Ministry though his party was not in majority although on both
the admitted suppor: of Liberal party and thus he was in a position
{0 command: a district majority. In times of grave crisis and national emergency like the| |
Economic Depression of 1931
(@) Overseas and D,
The decisions of these ¢
is ordinarily made. The first fea
ministers should belong to a sin
the legislature is the second imp
impottant minister presides over the Economic Commitice 8
Policy. Puime Minister Thatcher ad four main committees i, 1983,
(2) Home and social Affairs,
(&) Legislation Committee
(©) Economic strategy Committee
The Cabinet system of England is based o1
enerally. It deals with economi
>
efence Policy Committee, ‘
ommittees are generally accepted by the Cabinet. :
n some rigid Principles to which no exceptio} 5,
ture is political homogeneity, which
> Which means that normally all
igle political Party. Close elationship between the executive
ortant principle. The members of the Cabinet are not supposed!)
OLAIINEU WILE Ud otaz
Mu :
express their dissenting opinions beftre-Ptvfifient or the people, They must speak with one
voice, Ministerial responsibility is another outstanding feature of the Cabiner system. This
responsibilty is both political and legal. The Prime Minister i the leader of the Cabinet. The
Iminislers are supposed fo maintain strict secrecy about decisions and proceedings of the Cabinet
meetings.
Q.12, ‘The Cabinet in England has become virtual dictator’, Discuss,
OR
by the House of Commons over Cabinet has become weak
Comment and examine the relation between the House of
Cabinet as it has developed in the 20" century.
OR
Q°" The House of Commons acts in accordance with Cabinet’s Examine the truth or
otherwise of the statement,
Ans: In Great Britain, Parliament wa
the 19° century. But in the 29°
Q ‘The céntrol exercised
and ineffectual,”
.Commons and the
‘measures in the House. The Holise has to accept
be affixed to give legal/sanetio# to the political
the remarks that it is the Cabinet, which legish
the government accounts, The result is that the
ey are never is
Properly. What they dois that they only atack tWorld Constitution
isought They only beat about the bush and gn 2
which financial sanction is sought. ih r
oon facts and figures. ies with other States witho ous
it treaties 0 ‘i £6
cient Oss Cab igs a et 1 becomes tld because ng
i ad reauived The Cabin! may make steret commitment
and nay face the Parfment with fait accompli. aay el j
7 ve Tei did in case of attack on Suez without consul ‘ing ar] iam y
eer the Cabinet, which has taken over all the Funetin’ OF the wy
has become only a registering body. Its authority has sufferea almost eae,
Muir refers to this phenos v The fas.
ssons of the growing strength of the Cabinet at the cost of the Hi
1, Party Discipline: The main reason of Cabinet dictato,
Party discipline, In the 19the
over Sey,
ut previ
wit Tif tt
© EVEN militant Sher sea
ent.
House
in all gigs,
menon as the growing dictatorship of the Cabinet 7p ttectgg Meh
wy
louse of Comm hag, 4
*SbiP les ines
ir ost of |e
They Were not this pages to the gaPag |
oe Party goverment. There Was, therefore, a good deal"gf free Votin 2 a
Commons. The ministers weve considered
Whenever the House did nor 11
eben |
{o be bited functionaries, and a ste |
icy. This position. hag chai a
introduction of ‘universal franchise, The? m
nt. A private menie | °
\ “pendent member, his views
» belongs arty, he votes it Whether he lke its polis
~ POWEr Of Dissolutig, . .
Rewer to get the Hou one The second FRO, Which has siren, ed the Cabinet iss
Minster ean est the King for’ dissolved be He the expiry op ee term, The Prt |
“ays aca St Prat solution gp et House, ay 2 OF its normal i, tei |
Sr note ono ee eS
would ne Dissolution Means a cae a ; ® ening them with the dissolution of the ee .
is . joy Tal election, Figs tit
dissolution, ey wa we nbership of ihe co ae sitting embers do nt we is
otherati Ove aly, C28 to sce ion wi; et tS fall term. In case oa
Not only bing the ma: a: Involves a tot of expen iso”
maj ond Te-lected, Threat ofan ealzr di
lown the
eee
a accor
Zeal of the opposition. Thus
ouaritied wiul Udilt
ScCD
Great Britain Constitution
lowers and to some extent
dissolution of parliament,
ed to the strength of the
ies dominating the political
to Keith “apart from party loyalty,
over the opposition, a powerful wea!
3. Two-party System: Another factor, which has contribu
= x
the Cabinet fossesses over its foll
pon in the possibility of securing a
Cabinet, is the two-party system, which prevails in England, The par
'ife of England at present are the Labour Party and the Conservative Party. These two parties are
poles apart so far as their ideals and objectives are concemed, As a watter of principle it is,
