‘Empowering the Head’ - A Critical Analys...

‘Empowering the Head’ - A Critical Analysis of the Need for Adopting the Presidential Form of Government in India

Author Name : Adv. Mohammed Shahzad

ABSTRACT

In this study, a critical analysis is made as to whether there needs to be a paradigm shift from a Parliamentary system of Government to a Presidential one. The study critiques an article written by Dr. Shashi Tharoor, MP, calling for adopting the Presidential system of Government. A comparative study was made with the systems followed in other jurisdictions, i.e., USA, France, and the United Kingdom. In the USA and France, the President has been conferred with vast powers. The USA has a purer form of Presidential system whereas France has a semi-Presidential form of Government. The study analyzes the current polity of the Republic of India and benchmarks it with the ethos of the Indian Constitution as was enacted in 1950. It can be seen that the powers of the President were gradually diluted through the Constitution (42nd Amendment) Act, 1976 during the Late Indira Gandhi regime. It was found that a purely Presidential form of Government in India will do no good owing to several factors including the plethoric diversity in the nation. The study concludes that a semi-Presidential form of Government is apt for India.

Keywords: Comparative Public law, Presidential system of Government, President of India