P3 Uk and Us Constitution

LLB PART 1 Paper 3
Uk and us
constitution
Notes by Professor
Balochistan Book Center

Shirani Market archar road quetta
Phone # 0315-2673363
PAPER 3 (UK and US constitution) Page |1
PART A: British Constitution

Q 1: Discuss the salient features of British Constitution.
1. INTRODUCTION:
“The English Constitution has made a great circuit of the globe and has become a common
possession of civilized man”. (G. B Adams)
A Constitution means certain principles on which the Government of the State is organized
and which determines the relations between the people and the Government the Constitution
of U.K is unique in nature and has provided inspiration for a number of other constitutions in
the world.
2. DIFINITION OF CONSTITUTION:
Aristotle: “Constitution is the way of the state has chosen for itself”.
3. SALIENT FEATURES OF U.K CONSTITUTION:
Following are the salient features of the U.K Constitution.
I. Unwritten:
The British Constitution is unwritten in nature but it does not imply that all of its parts are
unwritten. It means that it has not been reduced to writing in a single document. Some of the
components are found in written from. Such as the Reform Act, 1832, the Parliament Act of
1911 etc.
II. Evolution Growth:
British Constitution is a result of an evolutionary growth. Constitution efforts as well as needs
of time shaped its spontaneous growth.
III. Flexible Constitution:
British Constitution is a flexible Constitution and parliament can amend it like alterations in the
statutory laws by a simple majority.
IV. Unitary:
British has unitary constitution. All powers of the state are concentrated in the hands of a
single government for the whole country. There are no units or states in British.
V. Bicameralism:
The Parliament consists of two chambers House of Lords and House of Commons. The
House of commons is a popular chamber whose member directly elected by the people while
the house of lords is basically a hereditary chamber and its member are nominated by the
Queen.
VI. Supremacy Of The Parliament:
In U.K, Parliament has complete Supremacy or sovereignty. No law enacted by the
parliament can be challenged in the court on the plea that is against the constitution.
According To De Loeme:
“British Parliament can do everything except to make a man into a woman”.
VII. Constitution Monarchy:
From Constitution point of view, the crown is the repository of the entire Government of
authority in British.
VIII. Contrast In Theory And Practice:
There is sharp contrast between theory and practice in U.K. As ogg points out that
“theoretically, British Government is absolute monarch, its government from signifies
constitution monarchy while in practice, the Government structure is closer to republican
from.
IX. Collective Responsibility:
Ministers must stand together and they cannot oppose the government policy every minister
is also individually responsible to the House of Commons and the crown.
X. Limited Separation Of Power:
In British, there is limited Separation of power. There is concentration of political powers in
the parliament while the cabinet which exercise executive power is just a committee of the
parliament. Nevertheless many safeguards have been provided especially under Act of
Settlement of 1701 to secure the independence of judiciary from under influence on the part
of other two branches on the Government.
XI. Independence Of Judiciary:
Necessary safeguards have been provided against all sorts of interference in judicial process.
Judges are paid liberal salaries and ensured security security of service.
XII. Rule Of Law:
U.K Constitution provides rule of law. The principle of rule of law may be defined as that none
of the person in above or below the law. All the persons are equal in the eyes of law. F any
person violates the law, he should face the trial of the case in the Government and no person
is given imprisonment until his offence is proved in the court.
XIII. Fundamental Rights:
Fundamental rights of the citizens have not been incorporated in the form of a list in the
English Constitution. Constitution law is not the creator but a product of fundamental rights,
which have been recognized from time to time by the Courts.
XIV. Conventions.
Conventions play a vital role in the British political system. A government is formed and
removed on the basis of convention. As Prof. Smith says that the conventions are main living
source behind the Constitution.
XV. Two Party System:
Two party system is flourished in British right from the beginning of the parliamentary period.
Before the emergence of the present labour party in the second decay of the present century,
the fight was between the conservatives and the Liberal party, but now the liberal party has
lost its political significance.
XVI: Universal Adult Sufferage:
Every individual of the age of 18 has the right to vote.
XVII. Mixed Constitution:

The British Constitution is a mixture of the monarchical, aristocratic and democratic principal.
XVIII. Conservativeness:
The British Constitution is a symbol of Conservativeness. The trend of the people of U.K is
absolutely in favor of old institutions and this concept is existence of conservatism.
XIX. Establishment Of Local Government Institutions:
The existence of local Government in U.K. Constitution is another comprehensive feature of
the Constitution. Local Government institutions are symbols of the civil liberties and freedom
of the people.
XX. Unreality:
Another characteristic of the English Constitution is its unreality. It has righty been pointed out
that nothing in it is what seems or seems what it is.
4. ELEMENTS OF ENGLISH CONSTITUTION:
Following are the elements of English constitution.
i. Statutes of parliament.
ii.The common law.
iii. Conventions
iv. Judicial decisions.
5. CONCLUSION:
To conclude, I can say, that U.K. Constitution in neither absolutely unwritten nor absolutely
written. It is a combination of both and has made a circuit for the globe and has become the
common possession of civilized man.
SOURCES OF BRITISH CONSTITUTION

Q. 2: What are the sources of British Constitution?
Q. Discuss fully the sources of English Constitution law.
1. INTRODUCTION:
The English Constitution is not found in one document. It consists of different elements which
are scattered. It came into existence with the passage of time. It can only be understood by
reference to long series of acts, traditions and judicial decisions.
2. SOURCES OF U.K. CONSTITUTION:
Following are the source of U.K. Constitution.
(I) Constitutional landmark
(II) Statutes
(III) Common Law
(IV) Judicial decisions
(V) Conventions
(VI) Opinion of jurists
(VII) Delegated legislation
I. CONSTITUTIONAL LANDMARKS:
Constitutional landmark is the combination of documents, charter law. This came into
existence in the shape of agreements, contracts, treaties or recognition of rules, by
parliament. These laws and charters are very important as source of U.K. Constitution.
Examples:
(i) Mangna Carta(1215)
(ii) Petition of rights(1628)
(iii) Bill of rights(1789)
(iv) Act of Settlements(1701)
(v) Parliament Act of (1911).
II. STATUTES:
The second source of U.K. Constitution is statutes. According to requirements of the people
and demands of Government U K. Parliament formulated the law which not only played vital
role for source of constitution be also delivered coordination among the institution of
Government. Following are important statutes, which includes in the source of U.K.
Constitution.
(i) The Habeas Corpus Act, 1671.
(ii) The Municipal Corporation act, 1761.
(iii) The Reform Act, 1867
(iv) The Judicator Act, 1873
(v) The Representation of people Act, 1918
(vi) The Ministry of Crown Act, 1937.
III. COMMON LAW:
Common law may be define as those rules which are product of slow process of long
historical growth being based upon customs and traditions. These principles are not set down
in any statute or ordinance. The Courts recognize these principles. The prerogatives of the
crown, the right of trial by jury the right of freedom of speech rest almost entirely on common
law.
IV. JUDICIAL DECISIONS:
Another source of U . K .Constitution is to be found in judicial decisions. Judicial decisions are
the judgments and interpretations of courts, which define the scope and limitations of the
different charters, statutes and common law. Following are also landmark judicial decisions in
U. K. history.
>Bushell’ s case (1670) established the independence of juries.
>The case of Attorney General v . De Keysers Royal hotel Ltd. (1920) decided that the
discretionary powers of the crown were limited by the petition of Rights Act of 1860.
>The Case of Howell (1678) established the immunity of the judges.
>The case of wilkas v. Wood, gave the protection and liberty of write and author.
V. CONVENTION:
According to Prof. Dicey Convention are those customs or understanding as to the mode in
which various members of sovereign legislative body should exercise their discretionary
anthority.
The substantial portion of U .H K. Constitution is based on convention. These are not codified
in any book of law. The Courts do not enforce conventions but however, these rules are
recognized by the constitution.
A. Important Conventions:
Following are some of the important convention.
(i) The crown has no power to veto a bill passed by both the Houses.
(ii) Parliament must be summoned once years.
(iii) Prime Minister will be form House of Commons.
VI OPINIONS OF JURISTS:
Opinions of jurists are also an important source of U. K. Constitution. The jurists express their
opinions in consultation with customs, traditions, judicial decisions and statutes. Some of the
important books of different jurists are as follows:
(i) Austin’ s Law and the customs of the Constitution.
(ii) Dicey’s Law of the Constitution
(iii) Lords Halsbury’s commentary on the U . K. constitution.
VII STATUTORY RULES MADE BY VARIOUS AUTHORITIES:
There are various authorities empowered to legislate under parliament Acts like universities
and Municipal bodies. The Laws and rules made by these authorities are part of the U.K
Constitution.
3- CONCLUSION:
The conclude, I can say, that the English constitution is a growing organism. It has been
undergoing a slow process of evolution for centuries. The idea of revolution is alien to its
working. It is not derived from a single source but form several and it is still a growing
Constitution.
CABINET SYSTEM
Q.3: Explain the cabinet system under the British Constitution.
Q. Discuss Nature And Functions of English cabinet.
1- INTRODUCTION:
“Cabinet is central stone of political arch.” (Prof. Lowell).
The cabinet is the real executive of the British System. It is also called the ministry of the
government. The cabinet has been defined as a body of royal adviser, chosen by the prime
Minster in the names of the crown. The Cabinet must acknowledge the Supremacy of the
prime Minister and follow the policy laid down by the prime Minister.
2- MEANING:
By black law dictionary: “The advisory council to an executive officer”.
3- EVOLUTION OF CABINET SYSTEM:

Originally cabinet was committee of the Privy Council which became too, large for
administration work. King Charles II (1660-85) began to consult a small group of privy
councilors in matter of state. The cabinet is called the child of Privy Council. In the reign of
Charles II the Cabinet acquired a formal shape. The cabinet system further developed during
the reign of William III and Queen Anne. During the reign of George I, the Office of the prime
Minister came into existence.
4- NATURE OF THE BRITISH CABINET:
The Cabinet is a body unrecognized by law. Its existence is only customary, i.e. based on
custom or convention.
5- COMPOSITION OF BRITISH CABINET:
The Crown sends for the recognized leader of political party which has the majority called
prime Minister and asks him to form the Cabinet.
6- FEATURE OF THE CABINET SYSTEM:
Following are the features of the cabinet system.
I. Exclusion Of The King From Cabinet:
The Queen or King dose not attends the cabinet meeting. It has become Constitutional
convention.
II. Co-Operation Between Cabinet And Parliament:
There is complete co-operation and harmony between the cabinet and the parliament.
III. Leadership Of The Prime Minister:
The prime Minister plays dominant role cabinet. The cabinet is formed by the prime Minister.
He is the Keystone of the cabinet arch.
IV. Secrecy:
The meetings of the cabinet are secret and private. Every members of cabinet takes the oath
of Secrecy. The discussion is not disclosed in the public.
V. No Legal Status:
The British cabinet has no legal statues. There is no mention of cabinet in the written part of
the Constitution. The Cabinet is called the child of the conventions.
VI. Ministerial Responsibility:
The Cabinet members are responsible l to the house of common individually as well as
collectively and they are liable to law for their acts.
VII. Political Homogeneity:
Political homogeneity means, so that all the members of the Cabinet should have similar
views of their policies the members of cabinet have same views because they belong to one
political party.
VIII. Collective Responsibility:
The members are collectively responsible. The result is that all the members’ work as a team.
The cabinet stands or falls together as a unit.
IX. Unity Of Cabinet:

Unity of cabinet is the outstanding features of British cabinet system. The cabinet always acts
as Unity. They are supposed to face the House with one voice.
7- FUNCTIONS OF THE BRITISH CABINET:
Following are the important functions of the British parliament.
I. Policy Determining Functions:
The Cabinet is policy formulating body. The Cabinet discuss and decide all sort of national
and International problems. The Cabinet decides the measures which are it received priority.
II. Executive Functions:
The cabinet is the real executive.
(i) The Cabinet formulates the general policy of the Government.
(ii) It determines the foreign policy of the Government.
(iii) The Cabinet determines measure for war and peace.
(iv) All important appointments are made by the cabinet.
III. Legislative Functions:
The Cabinet the controls the Legislatives activities.
(i) The parliament is summoned on the advice of the cabinet by the King.
(ii) The speech of the King in parliament is prepared by the cabinet.
(iii) The cabinet explains all bills which are to be passed in the parliament.
(iv) The cabinet guide he leader of house in the parliament.
IV. Financial Functions:
The Cabinet play important role the regard. It prepares the budget for the country and is
responsible for the whole expenditure of the stock. The chancellor of exchequer is the
finance minister of the country and in the member of the cabinet.
V. Judicial Functions:
(i) The judges of important Courts are appointed on the advice of cabinet by the king.
(ii) The rules and regulation for judiciary are prepared by the cabinet.
(iii) The power of pardon, reprieve and respite is exercised by the king on the advice of the
Cabinet.
8- CONCLUSION:
To conclude, I can say, that the working of the cabinet system in England is a process of sloe
and evolution prime Minister is the head cabinet who forms his cabinet, under the order of
king , amongst who member of the parliament cabinet exercises large powers in almost every
sphere of Governance.
COMMITTEE SYSTEM IN U. K
Q.4: Explain the Committee System of England Parliament.
Q. writes a comprehensive note of the Committee of the House of Commons.
1- INTRODUCTION:
The Committee System is employed by all the legislatures of the world. It has become an
essential part of legislative procedure. In U.K. every bill has to go through an appropriate
Committee after the second reading. It enables the parliament to dispose of more bills in a
time.
2- COMMITTEE SYSTEM IN U.K.
Most of the work in the House of Committee is done by the Committees. The proceedings of
the Committees are secret in nature and the rules are not rigid.
I. Reasons For Committee System:
Following are the reasons which led to the increasing use of Committee.
(I) House of Committee is a huge body and the true purpose of measures introduced in the
House cannot be properly understood unless it assign preliminary work to certain committees.
(II) Complication in the legislation and the desire of the members to speak.
(III) The great pressure of legislative work, which cannot be furnished without help from small
Committee.
II. Selection Of Committee:
All the Committee excluding the committee of the whole House are Selected by the
Committee of Selection. The members of the Committee are chosen at a conference between
the Government and opposition leaders.
3- KINDS OF COMMITTEE:
Following are the different Kinds of Committees in U.K.
(I) Committee Of The Whole House
(II) Standing Committees
(III) Select Committees
(IV) Private Bills Committees
(V) Joint Committee
I. COMMITTEE OF THE WHOLE HOUSE:
It consists of the members of the House of Commons excluding the speaker. It is presided
over by the chairman, chosen in the beginning of each parliament. Following are the
distinguish features of its meetings which distinguish it from the sitting of the House itself viz.
(i) The rules of procedure are relaxed.
(ii) A member can speak as many times as he like.
(iii) No closure motion can be moved.
(iv) The mace which is the symbol of the speaker’ s authority is placed under the table.
A. Types Of Committee Of The Whole House:
Following are the different types of committees of the whole House.
(i) Ordinary Committee of the Whole House on a Bill:

It comes into being when the House resolve than an ordinary bill shall go to the Committee of
the whole rather than to a standing Committee or a Select Committee.
(ii) Committee of the Whole House on A Money Resolution:
It deals with the financial legislation and matters.
(iii) Committee of Supply:
It comes into being to discuss the expenditures.
(iv) Committee of Ways and Means:
It comes into being to consider revenue measures.
II. STANDING COMMITTEE:
It is an important Committee and almost all public bills except money bills go upstairs to a
Standing Committee. These are five in number one of which is exclusively for Scottish bills
and the other four are known alphabetically as A, B, C and D.
(i) Number of Member:
Each Committee Consists of 16 to 50 members and the speaker appoints the president. The
Scottish Committee consists of all members from Scotland and a few others who have
experience or Knowledge of Scottish or welsh affairs. In all other Committees, the
Government and the Opposition have proportionate representation.
III. SELECT COMMITTEE:
Select Committees are appointed to discuss about the special bills. These Committees
consists of expert persons, which provides the information regarding important affairs and
research about the legislation process. They are really Committee of investigation and
examination. It collects evidence, examine witnesses Sift evidence and draw up reasoned
conclusions and reports to the house.
(i) Number of Member:
A select Committee usually consists of 15 members.
(ii) Kinds of Select Committee:
From the point of view of their existence, there are two kinds of Select Committees.
(a) Ad-hoc Select Committee:
It cease to exist as soon as it work of inquiry has come to an end.
(b)Session Select Committee:
It term lasts a Sessions of the Parliament.
IV. PRIVATE BILLS COMMITTEE:
These are appointed to dispose of the private bill in Parliament. It works quite impartially and
its report, whether for or against the bill, is always accepted by the House. In the House of
Commons, the number members of a private bill Committee is four while in the House of
Lords it is five.
V. JOINT COMMITTEES:
PAPER 3 (UK and US constitution) P a g e | 10
These consists of members from both Houses of Parliament and mutually consult and
consider about the bill in a collective way, which relates to the both Houses.
4- CONCLUSION:
To conclude, I can say that Committee stage is very important in the life of a proposed bill
after the second reading, the bill is handed over to one of concerned Committee so that detail
views of bill may be completed and the House considers the bill later at the report stage in the
light of the report of the Committee.
CONVENTIONS
Q.5: Explain the Role Conventions in U.K.
1- INTRODUCTION:
Most of the U.K. Constitution is combination of rule of conventions. Conventions regulated the
most fundamental aspect of the British administrative system. The conventions of the
constitution, the name given by dicey to the indefinite number of customs, traditions and
precedents from an integral part of the U.K. constitution.
2- MEANING OF CONVENTIONS:
“It means a generally accepted rule or practice”.
3- DEFINITION OF CONVENTIONS:
(I)Definition By Dicey:
“Conventions are those customs of understanding as to the mode in which various members
of sovereign legislative body should exercise their discretionary authority”.
(II)Definition By J.S Mill:
“The Conventions are nominated as unwritten principles of the constitution”.
4- KINDS OF CONVENTIONS:
Conventions may be distributed into the following kinds.
(i) Parliament and executive conventions.
(ii) Legislative procedure and parliament conventions.
(iii) Government and legislative conventions.
5- IMPORTANCE OF CONVENTIONS:
The convention plays a very important role in the U.K. Constitution. There are based on
usage and is derived from willingness of the people. The Constitutional history of the U.K.
growth and power of the cabinet is product of the conventions.
6- ALMS AND OBJECTS OF CONVENTIONS:
The aim and object of the conventions is:
(i) To ensure the supremacy of the House of Common.
(ii) To make the constitution work in conformity with the prevalent and changing ideas and
needs.
(iii) To provide rules for the co-operation and harmonious working of the different parts of
Govt.
(iv) To secure the administration of the country according to the wishes of the people.
7- IMPORTANT CONVENTIONS:
Following are some important conventions:
(I)No Veto Power Of Crown:
When a bill is passed by both Houses of parliament. It is sent to the King for his assent.
Legally he can reject it but according to convention he cannot reject it does not use his veto
power.
(II)Cabinet Is Responsible To Parliament:
Cabinet is responsible to the parliament for the conduct of its affairs.
(III)Vote Of No Confidence Against Cabinet:
Where the parliament in majority passes a vote of no-confidence against the cabinet it shall
have to resign and vacate.
(IV)Prime Minister Must Belongs To House Of Common:
According to the conventions prime minister must belongs to the house of commons. The
object of the convention is to emphasis importance of house of commons which is also the
house of people.
(V)Election Of The Speaker:
The election of the speaker takes place on party lines but after the election and his
appointment he become non-party man he becomes neutral.
(VI)Highest Court:
The House of Lords is the highest Court in England. When the house of lords sits as the
highest court for appeal for civil and criminal cases. There are only seven Lords who
participate in the discussion.
(VII)Right Of Opposition To Express Its Views:
According to conventions a speech from govt. side shall be following by a speech from the
opposition. When member from one party has spoken in the house, the next speaker must
belong to the opposition.
(VIII)The Parliament Must Be Called Once A Year:
Parliament must be summoned for the dispatch of its business at least once a year.
(IX)Prime Minster May Ask The King For Dissolution:
When a ministry is defeated in the house of commons the prime Minister can go to the King
him to dissolve the house of Commons.
(X)Formation Of Government:
After general elections the King has to summon the Leader of the majority party to from the
ministry. The prime Minister is given free hands in the selection of his colleagues.
(XI)Collective Responsibility Of Ministers.
The minister are responsible collectively to the house of commons even if one minister is
defeated the whole ministry must resign.
(XII)Finance Minister Belongs To House Of Common:
According to the conventions the Finance Minister must belongs to the house of commons.
(XIII)Same Courts For Govt, Servants:
There are same Courts for government servant and general public.
(XIV)Re-election Of Speaker:
Speaker can be re-elected as many times as he pleases it is said once as speaker always a
speaker.
(XV)Relations With Dominions:
The relations of the mother country with dominions are regulated by conventions.
(XVI)Money Bills Originate In The House Of Commons:
It is the convention in England that money bills originate in the house of commons .
(XVII)Dominance Of House Of Common:
In case of difference of opinion the opinion of the house of commons shall prevail over that of
the house of Lords.
8- SANCTION BEHIND CONVENTIONS:
Following are different sanctions in view of jurists.
(I)The Fear of Impeachment:
Some writers say that true sanction behind conventions is the fear of impeachment, but it is
not a sufficient sanction behind conventions.
(II)The Rule Of Law:
According to Prof. Dicey, conventions are observed because their non-observance will sooner
later lead the offender into conflict with the Courts. The force which in the last resort compels
obedience of convention is the power of the law itself.
(III)Public Opinion:
According to ogg, the real sanction behind conventions are obeyed because the public
opinion. Conventions are obeyed because the public opinion demands that they must be
obeyed. The public opinion well not tolerates their violation.
(IV)Code of Honour:
According to Lowell. Conventions are obeyed and observed because they are code honour.
9- ADVANTAGES OF CONVENTIONS:
Following are advantages of the conventions.
i. Conventions help the constitution to work smoothly.
ii. Conventions enable the ministers to exercise the powers of crown.
iii. Conversions give the constitution the quality of flexibility.
iv. Provide basis of actual working of the government.
10- CONCLUSION:
To conclude, I can say, that conventions are admittedly no law in the sense of rules which will
he be enforced by the courts. Still they are nearly as binding as law. The conventions provide
the flesh which clothes the dry bones of law and have enabled a rigid framework of Govt. to
keep pace with the changing political ideas and the needs of the people.
FUNDAMENTAL RIGHTS
Q.6: What is the concept of rights of citizens in England in the absence of written
constitution there? How the right of Englishman are enforced. Discuss
1- INTRODUCTION:
“U.K. Constitution is Combination of Conventions in which the Government machinery
performs its functions for many years and protects the fundamental rights of individual”.
(Prof. Munro)
The right of individual are interlink with the state which does not create them but recognizes
them. The U.K. Constitution is unwritten one and fundamental rights are not well-explained in
it.
2- MEANING OF RIGHT
I. According To Prof. Salmond:
“Right is combination of those interest which are not only recognized by the state but perform
the responsibility of protection also”.
II. According To Prof. Laski:
“Rights are the requirements of life, without is individual never accomplishing the Personality:
3- FUNDAMENTAL RIGHTS IN U.K.
The U.K. Constitution is unwritten and the provisions of fundamental Rights are not protected
by way of Constitution. The growth and development of fundamental Rights in U.K. is the
result of the following charters.
I. Magna Carta
II. Bill of Rights
III. Petiton of Rights
IV. Habeas Corpus
4- List Of Fundamental Rights:
I. Rights To Personal Freedom:
The people have right to personal freedom because the Government does not arrest the
persons or individuals until they violate the law. No person is deprived of his liberty.
II. Right To Freedom Of Conscience:
The people have the right to freedom of conscience so that every individual adopt any religion
according to his faith without any interference.
III. Right To work:
Every person has right to work according to his own will and is given opportunity regarding
work according to his ability and performance.
IV. Right To Property:
Every citizen has right to collect property and there is complete liberty for sale and purchase
of the property under the limitation of the law.
V. Right To Education:
Every person has right to avail education and the Government takes measurement for
arrangement regarding education facilities.
VI. Right To Paid Adequate Wages:
Every person had a right that when he gives service to any institution or department, he is
given adequate wages according to his work.
VII. Right To Live:
Every person has right to live and the Government takes measurement for protection of the
individuals and removes all the hindrance for survival of the life.
VIII. Right To Leisure:
The right adequate leisure has importance in U.K. for welfare of the individuals as well as
liberty. The workers are also given refreshment and recreation during working period.
IX. Right To Reputation:
This is fundamental Right of every person that he takes the help of judicial proceedings
against those persons who defame him or disturb his reputation.
X. Political Right:
Every Citizen has political right in U.K. Such as the right to vote and to participate in election
process.
XI. Right To Freedom Of Speech:
Every person has the right to freedom of speech so that he may express his views in a liberal
manner.
XII. Right To Equal Status:
All the persons are equal in the eyes of the law. All the citizens have given equal status and
law is enforced without any discrimination.
XIII. Right To Freedom Of Public Meetings:
Everyone has a right to form political parties and all political parties and associates have right
for public meetings.
4- CONCLUSION:
To conclusion, I can say that the fundamental Rights in U.K. have been protected by means
of Rule of law and the role played by judiciary, as the nature of U.K. Constitution is unwritten.
According to Prof. Kaming. “The constitution protects the right of the individual and when the
rights of the individuals affect then the courts provide the relief to aggrieved person”.
House of Commons
Q.7: House of commons is the most powerful organ of the British parliament Explain.
1- INTRODUCTION:
“The Sovereignty of parliament resides in the House of Commons.” (R.G Neumann)
“House of Commons is the center of the English political system the sun around which all
other bodies revolve”. (Gladstone)
The house of Commons is the lower and popular chamber of the British parliament. It is most
remarkable assembly in the world and is elected by the people in general election.
2- COMPOSITION OF HOUSE OF COMMONS:
I. Strength:
The present strength of House of Commons is 650.
II. Term Of House:
The members of the House of Commons are elected for a term of five years, unless the
House is dissolved earlier by the Queen on the advice of the prime Minister.
3- QUALIFICATION AND ELECTION OF HOUSE OF COMMONS:
I. Qualifications Of Candidates Of House Of Commons:
Following are the qualification for a candidate to contest election for house of commons.
(i) He or she, as the cases may be, must be a British subject.
(ii) Must attain the age of 21years.
(iii) Not otherwise disqualified such as
(a) Holder of judicial officers
(b) Bankrupts
(c) Civil servants
(d) Members of the armed forces and the police force
(e) The directors of the nationalized commercial companies; and
(f) Clergymen.
II. Election:
Parliament elections are of two Kinds.
(i) General election held when a new House of common is to be elected and these must be
held within 20 days of the dissolution of a sitting parliament.
(ii) By –elections held when a vacancy occurs in the House due to the death or resignation of
a sitting member or when a member is made a member of the House of Lords.
A. Adult Franchise:
According to the representation of the people Act 1949 as amended by the 1969 Act,
following are the qualification of a person entitled to vote
(i) Must be a British subject
(ii) 18 years of age or above
(iii) Whose name is recorded in the voter, s register of his constituency
4- PRESIDING OFFICER OF HOUSE OF COMMONS:
The meeting of the House of Commons are presided over by speaker. He is elected by the
House when a new parliament meets for the first time.
5- POWERS AND FUNCTIONS OF THE HOUSE OF COMMONS:
I. Legislative Powers:
The house of commons enjoys vast powers in the field of law- making. It can modify the
existing law and the can make or repeal any law whatsoever. It defines the national policy
and has the right to change the constitution.
II. Financial Powers:
The House of Commons wields great authority over the nation’s purse. According to opinion
of Prof. Madison who holds the purse, holds the power. According to the Act of 1911 all
money bills must originate in the House of Commons and the power of House of Lords is
limited in this respect.
III. Administrative Powers:
The House of Commons also attains the powers of Administration because this House
controls the administration by way of questioning the cabinet members.
According To Prof .Munro:
An obligation rest upon the House of Commons to exercise a day to day control over the
Ministry in such a way that fundamental disagreement between the executive and the
representatives of the people will be clear and manifest.
IV. Delegated Legislation:
Parliament being Supreme, may delegate powers to whomever it will and it may similarly
withdraw the powers that it has delegated. It may delegate its powers to Government
Department to Supplement, amplify and apply statutes passed by the parliament.
6- PRIVILEGES OF THE HOUSE OF COMMONS:
Following are the privileges of the House of Commons:
I. Freedom Of Speech:
The House enjoys freedom in the House in the matter of debates.
II. Right To Regulate:
House has the right to regulate its own Constitution including the right to exclude or expel
members.
III. Exclusion Of Strangers:
The House also has the right to exclude strangers form the House.
IV. Right To Prohibit Publication:
House has the right prohibit publication of its own debates.
V. Freedom From Arrest:
Freedom form arrest in Civil Cases for a period of 40 days before and after the Sessions of
parliament but this privilege not extend in Criminal Cases.
VI. Right To Enforce Privileges:
House has the right to enforce its privileges and commit for contempt for breath of its
privileges.
7- CONCLUSION:
To conclude, I can say that the House of Commons is the most vital part of the British
Parliament. Since 1922 the House had assumed final powers of law making which are firmly
shared with the House Lords. In reality parliament means. House of Common when a minister
consults parliament, be consults the House of Common, when the Queen dissolves
parliament, she dissolves the House of Common when a parliament has made a law, it
means that the House of Commons has legislated upon it.
HOUSE OF LORDS
Q.8: Discuss the Composition and Legislate power of House of Lords.
1- INTRODUCTION:
The House of Lords is the oldest house in the world and has been in Constitution existence in
one from or other for more than a thousand years. It is the upper house of the British
Parliament. It is generally stated that the house of Lords is a hereditary house.
2- COMPOSITION OF HOUSE OF LORDS:
The member of house of Lords fall into seven distinct categories.
I. Hereditary Peers:
About nine-tenth of the members belong to this category-peerage is granted by the crown and
he may create as many peers as he like. The Majority of people become peer, because they
per chance happen to be eldest Grandsons of an ancestor, who was first created a Peer.
II. Representative Peers Of Scotland:
Their number is 16 and are elected by Scottish peer in accordance with the provisions of the
treaty of union 1707.
III. Representative Peers Of Ireland:
When Ireland was united with English the lrish peers were entitled to elect 128 members but
since 1922 when Ireland was declared a free state no new peer have been created.
IV. Lords Of Appeal:
They are 9 in numbers and are appointed by the crown under the provisions of the Appellate
jurisdiction Act, 1876 to assist the house in the performance of its judicial functions.
V. Spiritual Peers:
They are 26 in number two are Arch Bishops of York and Canterbury and 24 are Senior
Bishops of the Church of England.
VI. Princes Of The Royal Blood:
Male adult members of royal family who have attained maturity and are within specified
degree of relationship are appointed as members of House Of Lords.
VII. Life Peers:
These members are created under the provisions of the life peerage act 1958. They are the
persons who have held high offices in the state and have since retired e.g. minister, speakers
etc.
3- NUMBER OF MEMBERS:
The numbers of members are not fixed. The numbers varies from time to time.
4- NATURE:
The House of Lords is called conservative chamber. It was commonly described as the
hereditary and partly democratic in composition. Peerage both hereditary and life are created
by sovereign on the advice of Prime Minister.
5- DISQUALIFICATION:
Following persons cannot become the members of the House of Lords.
1. Insane
2. Minor
3. Convict
4. Bankrupt
6- PRESIDING OFFICER:
The House of Lords is Presided by a Lord Chancellor who is member of the cabinet.
7- PRIVILEGES OF THE HOUSE OF LORDS.
Following privileges are available to the House of Lords.
I. Freedom Of Speech:
The Lords can express their views freely and without any pressure.
II. Free Access To The Sovereign:
Every member of House of Lords can access to the Sovereign to discuss public affairs.
III. Right To Determine Its Own Composition:
The lords have right to determine its own compositions.
IV. Right To Publish Opinion:
The Lords can publish their opinion in official papers.
V. Freedom From Arrest:
No member can be arrested when parliament is in Session.
VI. Right To Receive Writs Of Summons:
They have the right to receive individual’s writs of summons to attend Parliament.
VII. Trial Of Impeachment Cases:
They have the right to try impeachment case brought by House of Commons.
VIII. Exemption:
It enjoys exemption from serving as jurors.
IX. Determination Of Peerage:
The House has the right to determine disputed claims to peerage.
8- POWERS AND FUNCTION OF HOUSE OF LORDS:
Following are the powers of House of Lords:
I. Legislative Powers:
After the passing of Parliament Act 1911, the legislative powers of the House of Lords may be
discussed under the following heads.
(i) As Regards Money Bills:
As regard control over financial bill the House of Lords is practically ineffective. All the money
bills introduce in the House of Commons and if the House of Lords withhold their assent to it
for more than a month, it would be presented to the King and would become law on receiving
the Royal Assent despite the fact at the Lords did not concur with it.
(ii) As Regards Non-money Bills:
Non-money bills may be introduced in the House of Lords. A non-money bill passed by the
House of Commons in two Successive Sessions with an interval of at least of one year
between its first reading in the first and second reading in its Second Session, it will become a
law after having received the Royal Assent irrespective of its having been rejected by the
Lords. So in legislative sphere, House of Lords has lost much of its significance.
II. Executive Powers:
The Lords have the powers to ask question from the Government and have a full right to
debate its policies but the House can only cross-examine the cabinet ministers and the
cabinet is not responsible to it.
III. Judicial Powers:
The House of Lords has three fold Jurisdiction or powers in this regards.
(i) It has original power to try peers in case they are involved in any treason or felony against
national interest.
(ii) It is also authorized to hear impeachments sent to it by the House of Common but now this
jurisdiction has lost all its importance due to the acceptance on ministerial responsibility.
(iii) It also acts as the highest Court of appeal in U.K.
IV. Other Powers:
The House of Lords performs an important function of discussing such social and political
questions, which are not ready for legislation.
9- CONCLUSION:
To conclude, I can say, that the House of Lords is an ancient institution of the world, which
plays his role in Conventional way for accomplishment of legislation. Before the passage of
the Parliament Act of 1911. The House of Lords was in all respect co-ordinate in powers with
the House of Commons but after the Parliament Act of 1911, the position is quite different and
now the House of Lords is a mere shadow of its former self.
JUDICIAL SYSTEM IN ENGLAND

Q. 9: Briefly discuss the judicial system of England.
1- INTRODUCTION:
Justice in British is honest and impartial and is available to all people whether they are rich or
poor. This is due to the independence of judiciary and the rule of law. Judiciary is the pride of
British heritage and plays a positive role for protection of rights and liberty of individual.
2- FEATURES OF BRITISH JUDICIAL SYSTEM:
Following are the salient features of British Judicial System.
I. Rule Of Law:
The Rule of law is outstanding feature British Judicial System. It means that none of the
persons is upper or below the law and all persons are equal in the eyes of the law on all
subjects.
II. Neutrality:
The Courts are neither in U.K. and never support any party, neither plaintiff nor defendant.
The Courts complete the requirement of justice in neutral manners and perform their
functions and powers according to provisions of law.
III. Independence Of Judiciary:
The Courts of U.K. are free from all the pressures and decides the cases on merits. The Act
of Settlement of 1701 provides that the judges in England will hold office during good
behavior.
IV. Jury System:
Jury System is another unique feature of British Judiciary. In all serious criminal cases, the
accused must be tried not by a judge alone but also by a jury which is a group of laymen who
are appointed to assist the judges in administration of justice. In all civil cases involving an
accusation against the moral character of either of the parties, that party may demand a
verdict by a jury.
V. Speedy Justice:
Speedy Justice is another feature of U.K. Judicial System cases are disposed of quickly. This
is due to two reasons.
(i) Judges possess greater discretion in dealing with legal technicalities, and
(ii) The judicial rules of procedure are made by a special rule committee, consisting of the
Lord Chancellor and ten other persons who are eminently familiar with law.
VI. Equality:
The Courts in U.K. represents the principles of equality. U.K Legal System is accusatorial and
not inquisitorial. It is the duty of the prosecution to prove its case beyond reasonable doubts
and on its own merits.
VII. Open Trial:
Open trial in also a characteristic of U.K. Judicial System. The trial must take place in open
courts in the full lime light of press publicity.
VIII. Co-Ordination In Judicial System:

In U.K. the Courts are distributed into two kinds viz., criminal and Civil Courts and there is a
Coordination in the judicial system. There are no separate administrative Courts in England.
IX. Guardian Of Civil Liberties:
The Judges have played an important part in safeguarding the liberties of Englishmen, as the
fundamental rights have not been incorporated in the Constitution.
X. No Uniform Judicial Organization:
There’s no uniform judicial organization throughout the united kingdom. There is one set of
Courts in England and whiles and another set of Courts in Scotland. The set of Courts in
Northern Ireland is also different.
XI. Dual System Of Bar:
There exists a dual system of Bar in the U.K. The lawyers are divided into two parts. The
solicitor and the barristers, while the solicitor deal with the clients and prepare cases, it is the
barrister, who argue them in the Courts.
XII. No Judicial Review:
On account of the sovereignty of Parliament, the institution of judicial review dose not exist in
England. No Court of law can declare ultra a law passed by the British Parliament on account
of its unconstitutionality.
3- ORGANIZATION OF THE JUDICIARY:
The Present judicial system of U.K. is based on the Acts passed during the period of 1873
and 1879 and it also a result of various reforms, one of which was adopted in 1969. The
Court are divided into two types.
(i) Civil Courts
(ii) Criminal Courts
(I) Civil Courts:
The Cavil Courts deal with private law or disputes between one private citizen and another.
The organization of Civil Courts is distributed as follows.
(i) County Courts:
The lowest Court of the Civil Courts is county Court. They were established in 1848 for the
purpose of making justice more easily available in local areas. There are 337 County Courts.
Under the Courts Act, 1971 each County Courts has one or more circuit judges, assigned it is
by Lord Chancellor.
(ii) High Court of Justice:
It is situated in London. This Court has jurisdiction on cases, not under the jurisdiction of
County Courts. It is also appellate Courts against the Decisions of County Courts. It is
distributed into three divisions.
(a) Queen’ s Bench Division:
This bench his jurisdiction about the cases of general civil nature, income tax, insurance,
trade and taxation also.
(b)Chancery Division:
It has jurisdiction on various kinds of cases such as minor person, administration of property
of deceased persons, problem of bankrupt persons and mortgage of property etc.
(c) Probate, Divorce and Admiralty Division:
It has jurisdiction on various cases including the probate divorce and various cases regarding
shipping affairs.
(iii) Court of Appeal:
This Court has jurisdiction of appeal against the decision of the High Court of justice. Some
appeals are filed directly against the decisions of the County Courts. The presiding judge is
called Master of the Role. It consists of 14 Lords justice of appeal and of Lords chancellor and
all three presidents of Bench division of the High Court of Justice.
(iv) House Of Lords:
House of Lords is highest Court of appeal in civil matters. Its consists of ten Lords of appeal
in ordinary.
(II) Criminal Courts:
A Criminal Court deals with breaches of public law. The organization of Criminal of ten Lords
of appeal in ordinary.
(i) Justice of Peace and Stipendiary Magistrates:
The Honorary Judges are appointed on the various localities to decide the criminal cases of
pity nature. These judges are called Justice of pace. The respectable and noble persons of
the locality are appointed by Lords chancellor on the seat of Justice of Peace. In big cities to
decide the cases of pity nature instead of justice of peace stipendiary magistrates are
appointed.
(ii) The Quarter Session Courts:
This Court has jurisdiction on important cases and heinous offence but dose not try cases
involving death sentence or highly complicated. It is also an Appellate Court against the
decisions of Justice of peace and stipendiary magistrate. These Courts are conducted four
times in a year.
(iii) The Court of Assizes:
These are the Local Courts to try the Criminal Cases and is branch of High Court. This Court
is conducted in each country twice a year it has jurisdiction on the various heinous offences
such as imprisonment or death.
(iv) The Criminal Court of Appeal:
The Criminal Court of Appeal has jurisdiction against the decisions of Sessions Court and the
Court of Assizes regarding appeals. It normally consists of three judges who are usually
Lords justices of appeal or judges of the High Court.
(v) House of Lords:
House of Lords is the highest Court of appeal in Criminal Cases Appeal gives permission to
file the appeal in House of Lords or where there is any legal problems in lower Court’ s
decision or it required statutory interpretation.
4- CONCLUSION.
To conclude, I can say, that the judiciary plays a vital role in U.K. for providing justice to the
people. The importance of judiciary may be described in a way that Act of Parliament are not
self-operative, they have to be applied by men and application involves interpretation by a
Court. For centuries past, the judicial organization in Britain was a bewildering collection of
Courts, but now the Courts are arranged into a hierarchical order of lower and higher criminal
and Civil Courts.
LAW MAKING PROCEDURE

Q.10: Discuss the Parliament Procedure for law making under British Constitution.
1- INTRODUCTION:
“All means of formulating laws tend to be swallowed up in the one great, deep and
broadening sense, legislation.” (Woodrow Wilson)
In U.K., every law begins as a bill, which is a legislative proposal put before parliament for its
approval. It is read three times in each House of parliament and after receiving royal assent,
becomes an Act or law.
2- PROCESS OF LAW MAKING:
The process of legislation varies with the kinds of bills, put before the parliament.
I. Kinds Of Bills:
Following are the different Kinds of Bills.
A. Public Bills
B. Private Bills.
A. Public Bills:
A public bill is one which affects the general interests of the country as a whole or a large part
of the community e. g. A bill for compulsory primary education. It may be either
(i) Money Bills, or.
(ii) Non-money Bills
(i) Money Bills:
Money bills deals with financial matters and it certified as a money bill by the speaker. They
can originate only in the House of Commons, by a minister.
(ii) Non-Money Bills
None-Money Bills not deals with financial matters. It may be divided into two classes.
(a) Government Bills:
These are bills brought before the parliament by a minister after the approval of cabinet
(b)Private Members Bills:
A private member’s bills is one that is introduced by any member of parliament other than
ministers.
B. Private Bills:
A private bill is one which relates to the one locality or an individual or an institution e. g., a bill
to control private schools.
3- METHOD OF LEGISLATION:
The method of legislation may be discussed under the following heads.
I. Passing of Non-Money public Bills
II. Passing of Private Bill.
4- PASSING OF NON-MONEY PUBLIC BILLS:
The various stages through which every public bills has to cross may be explained as under.
I. Bill Drafting:
The first step in the drafting of the bill itself. It must be laid down in exact words and be
complete in every respect.
(i) In Case of Govt. Bills:
It is prepared by a public draftsman in the office of the parliament counsel to the treasury and
in must get the approval of the cabinet before it is presented before the parliament.
(ii) In Case of Private Member, s Bill:
In such a case, it is drafted by the member himself or with the help of anyone whom he may
employ for the purpose.
II. Introduction And First Reading:
There are two methods of introducing it, either on a motion or on a written notice. The first
method has fallen into disuse. The normal methods is no written notice as prescribed in
standing order No.35. The mover gives a notice of introduction which is printed in the orders
of the Day on the day appointed the speaker calls the names of the movers to present his bill
the clerk, s table. Sometimes only a “Dummy Bill” is placed on the table of the clerk. The
Clerk of the House reads out the title of the bill and as soon as he read the title the
introduction along with its first reading is over.
Private member can introduce bills by putting their cards in the box at the clerk , s table. The
clerk then draws the lots and the member whose name is forts drawn gets opportunity to
introduce his bill on the first available Friday of the Session.
(A) Mode Of Introduction:
A private Member can introduce his bill either by a written notice or by a motion for leave
the “Ten minute Rule” Having had the good fortune to get his bill on the notice paper, the
member moves that it be read a first time and secures it a second reading.
III. Second Reading:
On day fixed in advance by an order of the House, the mover of the bill moves it that it be
now read a second time. He explains the bill and then a general debate follow in which
members of both sides of the house participates.
As there is lager number of private Member wager to introduce bills on Friday ,a ballot is
taken and the member who wins it , he can moves for its second reading on that day. Then
the same procedure as other public bills shall follow.
IV. Committee Stage:
Having passed its second reading the bill enters the Committees State. It goes to one of the
five standing Committees as directed by the Speaker unless the House directed it to be sent
to a committee of the whole on grounds of its exceptional importance or highly
controversial nature.
V. Report Stage:
In Report Stage the House discussed the bill as reported by the committee. It is a very
lengthy stage as every clause is discussed and voted. If the Govt. considers the bill of an
urgent nature, it may resort to motion for closure.
VI. Third Reading:
When all the clauses of the bill have been voted upon in the report stage, the bill enters the
third reading stage. At this stage no amendments other than purely verbal ones are in
order. The idea behind third reading is that the House should take one more look at the bill
as amended before if finally gives its approval.
VII. Bill In House Of Lords:
When the bill is passed in the House of commons, then the bill is presented in House of
Lords. There, the bill completes the proceeding in a short time. If there is a dispute between
both the House, an exchange of written massages taken place between them and in case if
no agreement is reached then by virtue of parliament Act, 1949, the House of Common can
again pass the same bill in the next Session with an interval of one year in the 2nd reading
in the First Session and 3rd reading in the 2nd Session, and then the bill shall be deemed to
have been passed by both the Houses.
VIII. Royal Assent:
The last stage in the Royal Assent is signified with much ancient ceremony. No king or Queen
of England Since 1707 has eve refused to sign a bill put before him or her for royal assent.
5. PASSING OF PRIVATE BILLS:
I. Presentation of Bill:
Every private bill is presented in the form of petition by some person, not the member of the
parliament, but act through a firm of parliamentary agents.
ll. Formalities Regarding Bills:
The promoters of the bill must pay special fees and comply with certain conditions before
their bills are considered by parliament.
(i) They must give notice to person whose interests may be affected by the bill.
(ii) They must send notice to Government departments concerned.
(iii) They must present a petition attached to the bill to the parliament and deposit it at the
private Bill Office by 27th November.
III. First Reading:
The private bill is read at the first stage which is formal one.
IV. Second Reading:
In the second reading, general principles of bill are discussed.
V. Committee Stage:
The Committee Stage is very important as bill which are classified as unopposed are sent to
a Committee called the Committee of Reference and the opposed bills are sent to one of the
private Bill Committees.
VI. Report:
After the hearing of the bills, the Committee prepares a report, favourable or unfavourable
and present it in the House. The House acts according to the report.
VII. Third Reading:
The third reading is a formal one and is shorter in nature.
VIII. Bill In House Of Lords:
After third reading the bill is sent to the House of Lords, and the same procedure as public
bill followed.
IX. Royal Assent:
After the passing of the bill form both houses, it is sent for the Royal Assent and become a
law after getting it.
6-CONCLUSION:
To conclude, I can say, that the law making process is a very important one as it often
determines the faith of the nation U.K. Parliament attains the vast powers in the field of
legislation there is a special procedure for passing of law in U.K. and it often depends upon
the nature of the bills proposed.
MINISTERIAL RESPONSIBILITY
Q.11: Discuss fully the Ministerial “Responsibility” under British Constitutional System.
1- INTRODUCTION:
Once of Salient Feature of the British cabinet is Ministerial responsibility. The cabinet
members are responsible to the House of Commons individually as acts of commission or
omission within their departmental or governmental spheres.
2- MEANING OF MINISTERIAL RESPONSIBILITY:
According to Prof. Dicey it means two utterly things as under.
I. Parliamentary Responsibility:
This is the liability of Minister to lose their offices. When they cease to retain the confidence of
the House of Commons. If a Minister do not do not resign from his office, there is no provision
in law to compel him to vacate his office. This is matter of conventions and not of law. If is
called parliament responsibility.
II. Legal Responsibility:
Legal Responsibility means that every ministers is answerable to a Law of Court for the acts
Crown because every act of the Crown is countersigned by the Minister. This is a matter of
law and not merely a matter of conventions.
3- ORIGIN OF MINISTERIAL RESPONSIBILITY:
Before the Glorious of Revolution of 2688, the Britain King were absolute rulers but when
parliament become the Sovereign body, it beggar to punish the ministers by means of
impeachment. The King then began to choose Minister Form parliament. Thus a convention
began a minister should win the confidence of the parliament and he should resign if fail.
During the nineteenth century the concept of Ministerial responsibility was fully developed.
4- MAIN ASPECTS OF MINISTERIAL RESPONSIBILITY:
According of Prof Munro, there are three aspects of Ministerial responsibility which are the
followings.
I. Responsibility To King:
It is the responsibility of the ministers to keep the king informed of what they do. This aspect
of responsibility only means that it is the duty of cabinet to keep the king informed of all it
decisions.
II. Responsibility To One Another:
The Cabinet as a whole is answerable for the acts of it member. The minister should either
agree with the decisions of the Cabinet or resign. The Ministers are also responsible to one
another. the Ministers have follow the policy which has been decided upon in the joint
meeting of the ministers.
III. Responsibility To The House Of Commons:
The minister is also responsible to the house of the commons. The ministers can also
criticized by the members of the House of Commons. Every Minister is responsible to the
house. The cabinet can remain in office only so long so long as at enjoys the confidence of
the House of Commons.
5- SCOPE OF MINISTERIAL RESPONSIBILITY:
The responsibility of minister is individual as well as collective.
I. Individual Ministerial Responsibility:
Individual, each minister is responsible to parliament for the work of his department of which
he is a political head he is also personally liable for any breach of law, for which he is
answerable before a Court.
A Minister, who commits a mistake in this departmental policy and is not defended by the
prime Minister, is individually responsible for it and must resign. But if the prime Minister or
the Cabinet come to his defence , it becomes a matter of collective responsibility.
II. Collective Ministerial Responsibility:
It means the responsibility of all Minister , whether they are included in the Cabinet or not or
have participated in the cabinet the policy, he remains equally responsible for it.
6- MERITS OF THE CONCEPT OF MINISTERIAL RESPONSIBILITY:
This doctrine confers the three merits on the British system of Government.
I. Responsibility To Public:
It makes the Government answerable to the public.
II. Unity Of Cabinet:
If infuses unity in the Government, the Minister know that their cabinet will remain in office
only so long as they are united. Anyone who disagrees with the policy should either resign or
be removed by the Queen on the advice of prime Minister.
III. Efficiency In Government:
In enhances efficiency in the Minister Work. Every Minister must keep himself informed of
what his colleagues and the cabinet as a whole are doing.
7- CONCLUSION:
To ,conclude, I, can say, that doctrine of Minister Responsibility deeply influenced the growth
and development of the parliament and cabinet system of Government parliamentary
Government is not Government by parliament but of minister who are answerable before
parliament for their acts and policies.
POWERS AND POSITION OF PRIME MINISTER

Q.12. What are different powers available to Prime Minister of England.
1- INTRODUCTION:
In British, there is parliamentary from of government. The Prime Minister being the head of
the State occupies a very important position. He is rightly called the Keystone of the Cabinet
arch. He is the outstanding personality in England. According to the conventions of the
country Prime Minister must belongs to House of Commons.
2- POSITION OF PRIME MINISTER IN BRITAIN.
The Prime Minister of England occupies a unique position in the Government.
I. Lord Morely Says:
“Prime Minister is the Keystone of the cabinet arch.”
II. Marriot Says:
“Prime Minister is the political Ruler of England.”
III. According To OGG:
“Prime Minister is moon among the Starts.”
IV. According To Prof. Laski:
“He is the Pivot around which the entire government machinery revolves.”
V. Prof. Munro Says:
“Prime Minister is the captain of the State.”
3- EVOLUTION OF OFFICE OF PRIME MINISTER:
The Office of Prime Minister is a result of mere accident. Robert Walpole was the First Prime
Minister of U.K. who has commissioned to preside over the meetings of the Cabinet because
George I did not know English Language. But not until 1878 did the term “Prime Minister”
makes its appearance in any public document. It was in the treaty of Berlin that the Lord
Beaconsfield was referred to as “First Lord of Her Majesty’s Treasury. Prime Minister of U.K”
then the Act of 1917 and Act of 1937 recognize the office of Prime Minister.
4- APPOINTMENT OF PRIME MINISTER:
The Prime Minister is appointed by the King. After the general election in the country the King
invites the person who has majority in the house to from the government.
5- FUNCTIONS AND POWERS OF PRIME MINISTER:
Following are the powers and important functions of the Prime Minister.
I. Leadership Of The Cabinet:
Prime Minister is the leader of his Cabinet. He is dominating personality in the cabinet. He
appoints the minister. The agenda of Cabinet is prepared under his guidance.
II. Leadership Of The House Of Commons:
The Prime Minister is leader of House of Commons. He represents cabinet in the House of
Commons. He is the chief spokesman of the government and all important announcements in
the house are made by him.
III. Source Of Communication Between King And Cabinet:
The Prime Minister is a source of communication between King and cabinet. He plays a vital
role between King and Cabinet.
IV. Control Over Foreign Affairs:
The Prime Minister controls over foreign affairs. He formulates foreign policies. He also
attends international conference.
V. Power Of Appointment:
Important appointment are made by the crown on the advice of the Prime Minister he can
appoint:
(i) Ambassadors of Country.
(ii) Diplomatic representative.
(iii) Governor-General of dominions.
(iv) Governor of Colonies.
(v) Finance Minister
(vi) Member of Cabinet.
(vii) Civil and Military Officer.
VI. National Leader:
The Prime Minister is the national leader of the country. He makes all policies for his country.
He is the leader of his people.
VII. Chairman Of Various Bodies:
The Prime Minister is the Chairman of various bodies. He is the ex-officio chairman of the
important committees.
VIII. Acknowledged Leader Of His Party:
The prime Minister is the acknowledge leader of his party which is the majority party in the
parliament.
IX. Chief Adviser Of The Crown:
The Prime Minister is the Chief Adviser of the Crown. He gives advises on important matters.
X. POWER Of Dissolution:
The Prime Minister is the only person who is authorized to advise the king to dissolve the
House of Commons. Prime Minister should consult the cabinet on the issue of dissolution.
XI. Policy Maker:
The Prime Minister is the Policy maker. All important policies are made by him.
XII. Settlement Of Disputes:
The Prime Minister settles the disputes between the different departments of the
governments.
6- CONCLUSION:
To conclude, I can say, that the British Prime Minister is a great force in U.K. He is the
representative of the nation in the Parliament and as Prof. Laski says “The British Prime
Minister can do what the German Emperor and the American President and all chairman in
the Committees in U.S Congress cannot do for he can alter the law or repeal it and can direct
all the forces of the State”.
PREROGATIVES OF CROWN
Q.13: What are different prerogatives available to Crown.
1- INTRODUCTION:
The Constitutional history of England begins with an absolute monarchy. The King was
absolute Sovereign. He was the source of all legal powers, but with passage of time the
powers of king was decreased. The prerogative is the residue of discretionary or arbitrary
authority which at any time is legally left in the hands of the crown.
2- DIFFERENCE BETWEEN KING AND CROWN:
Following are the differences between the King and Crown.
(i) The Crown is an institution whereas the King is an individual who holds the institution.
(ii) There can be demise of the King but not of the crown.
(iii) The king is the part of crown but the crown is not part of King.
(iv) The Crown is a legal person personifying the State whereas the King is merely is
temporary human occupant.
3- DEFINITION OF CROWN’ S PREROGATIVE:

Crown’s Prerogatives means the powers exercised by the King in virtue of Common law or
customs.
4- ORIGIN OF CROWN’ S PREROGATIVE:
In the early days of tribal chieftaincy, the King used to manage the affairs of the people. This
executive power was the first and historical source of the Crown’s prerogative. Secondly the
Norman Kings who combined in themselves the executive, legislative and judicial functions
were in the position of feudal land owner and as such enjoyed certain rights.
5- PREROGATIVES OF THE CROWN:
The prerogatives of the crown may be classified as under.
I. Personal Prerogatives
II. Political Prerogatives
I. Personal Prerogatives:
Following are the personal prerogatives of the crown
(i) King can do Wrong:
The maxim has two-fold meanings:
(a) It means that by no proceeding Known to the can the King be made personally responsible
for any act done by him
(b) In second place it means that on one can plead the orders of the crown in defence of only
act, not otherwise justifiable by law.
(ii) King never Dies.
The king has the attribute of immorality. The demise is immediately followed by the
Succession.
II. Political Prerogatives:
These may be further divided into following.
A. Domestic Prerogatives B. Foreign Prerogatives
A. Domestic Prerogatives:
Following are the domestic Prerogatives.
(I) Administrative Prerogatives:
Following are the administrative prerogatives of the crown.
The creation of press
The creation of Corporations
The appointment and dismissal of Ministers and other Government Officials.
Declaration of war
The Crown is the Chief Commander of Armed Forces.
(ii) Judicial Prerogatives:
(a) Fountain of Justice:
The King is the fountain and general conservator of the peace of the Kingdom. All criminal
proceedings run in the King’s name.
(b)Appointment of Judges:
The King has the right of erecting Courts of justice and judges are appointed in the King’s
name.
(c) Power of Pardon:
The King can with few exceptions pardon all offences against criminal law either before or
after conviction.
(d)Not Subject to Law:
It is the King in Parliament who makes all laws. He makes the Acts of his subjects and not for
himself. Therefore, the King is not bound by the statute unless it is made applicable to him
expressly or by necessary implication.
(iii) Ecclesiastical Prerogatives:
(a) Power of Appointment:
By virtue of these prerogatives, the King appoints high ecclesiastical Officers e.g.
appointment of Arch Bishop.
(b)Head of Church:
The crown is the head of the Church in England:
(c) Summoning of Conventions:
The Crown Summons Church Conventions.
(iv) Legislative Prerogatives:
(a) Power to Legislate:
The King has power at Common Law to legislate for conquered and ceded colonies.
(b)Summoning of Parliament:
The King has the power of Summoning the Parliament.
(c) Dissolving of Parliament:
The King also has the power of dissolving the Parliament of the advice of Prime Minister.
(d)Assent on Bills:
The Kings also has the prerogative of giving Royals assent to Bills passed by both Houses of
Parliament.
(e) Address to Parliament:
The King also address to parliament in every new Session.
(f) Appointment of Peers:
The appointment of peers are made by the Crown.
B. Foreign Prerogatives:
Following are the Prerogatives of the Crown in relation to foreign affairs.
(ii) Power to Make Treaties:
It is the prerogative of the King to make treaties.
(iii) Declaration of War and Peace:
It is the King who declares war and peace with other countries.
(iv)Power of Recognition:
The King has the power to recognize the power status of a foreign country or of its
government. He can do so by receiving the representatives of other states.
(v)Appointment of Ambassadors:
The King appoints the representatives or ambassador of his own country abroad.
6- CONCLUSION:
To Conclude, I can say, that the prerogatives is the name for the remaining portion of the
Crown’s original authority. It does not include the powers exercised by him in virtue of a
parliamentary Statute. At present the Crown’ s is much restricted as he cannot claim any
prerogative opposed to Common Law or Act of parliament or liberties of the subject and
except personal prerogatives, it is the cabinet that exercise the prerogatives powers in the
name of the King.
SOVEREIGNTY OF PARLIAMENT
Q.14: Discuss Supremacy of British parliament in detail.
Q. what do you understand by the parliament sovereignty how this concept is applied in
British Constitution
1- INTRODUCTION:
Parliament can do everything but make a woman a man and a man, a woman (De Lome)
The power and jurisdiction of parliament is so transcendent and absolute, that it cannot be
confined either for causes or person within any bounds (Coke)
The U .K. parliament is the oldest institution in the field of legislation and has sovereignty and
supremacy in U .K. Governmental System. It was not till the Glorious revolution of 1688 that
the supremacy of parliament was established.
2- CONSTITUENT OF PARLIAMENT:
The U.K. parliament consists of the following institution.
I. The House of Commons
II. The House of Lords
III. The King
3- MEANING OF PARLIAMENT BY SOVEREIGNTY:
I. According To Prof. Keith:
The Sovereignty of parliament means that parliament is the Supreme power of the state in
the sense that it can make or unmake any law, that courts will obey its legislation nor is there
any power is the state capable of overriding curtailing or prescribing its authority.
4- PRINCIPLES OF PARLIAMENT SOVEREIGNTY
The parliament sovereignty can be understood by taking into consideration the following
parliament of U.K. Constitution.
(i) The legislative Sovereignty of parliament
(ii) The complete Supremacy of Ordinary law thought the Constitution.
(iii) The dependence of the conventions upon the law of the Constitution.
5- EXPOSITION OF PARLIAMENTARY SOVEREIGNTY:

Parliamentary Sovereignty implies following three things
(i) The right to make or unmake any law whatever parliament Sovereignty implies following
tree things and to alter or repel any law.
Cheney vs. Conn:
It was held that what parliament enacts cannot be unlawful.
No person or body of person in U.K. has a right to override set aside the legislation of and
decisions the parliament”
Case of Shariff of Middle Sex:
“It was held that Court cannot interfere with the mattes and decisions of the parliament”
(iii)This authority of parliament extends to every part of British Dominions.
6-EXAMPLES OF PARLIAMENTARY SOVEREIGNTY:
The U.K. parliament has attained Supremacy Gradually with the passage of time. Its
supremacy may be discussed under following heads.
I. Supremacy as Regards to public Rights.
II. Supremacy as Regards to private Rights.
I. Supremacy As Regards To Public Right:
(i) Bill of Rights 1689:
The provisions of Bill illustrate that how the parliament became defacto Sovereign of the
state. The Bill sought to remove legislative and judicial abuses and to secure the privileges of
parliament. For example it states:
(a) The election of members of parliament ought to be free.
(b) The power of the king of Suspending or dispensing with law without the assent of
parliament is illegal.
(ii) The Act of Settlement 1701:
This Act shows that the king occupies a throne not because he was a member of the Royal
Family, but under parliament title.
(iii) Acts of Union With Scotland (1707) and with 1reind (1800):
By passing these two Acts, parliament made Scotland 1riand parts of U.K
(iv) The Septennial Act of 1718:
It establishes that there was nothing to prevent parliament form perpetuating its existence
form the legal point of view.
(v) Act of 1ndemnity:
By virtue of these Statutes parliament legalizes acts of person which when committed, were
illegal and thereby frees them form the liability arising out of the breach of the law.
(vi) The Parliament Act of 1911:
This Act curtailed the powers of the House of Lords. All legislative power relation to Money
Bill was taken away from the House of Lords.
(vii) The Statute of West minister 1931:
Under this Act the Dominion legislature were granted full legislative authority.
II. Supremacy As Regards Private Rights:
Parliament also has established its Supremacy by interfering with the private rights.
According to Coke following are the instance of parliament Sovereignty.
(i) It may adjudge an infant or minor, of all age
(ii) It may naturalize an alien
(iii) It may legitimize an illegitimate child.
7- LIMITATION ON THE PARLIAMENTARY SOVEREIGNTY:
There are two Kinds, of limitations of parliament Sovereignty
(i) Alleged Limitations
(ii) Actual Limitations
I. Alleged Limitations:
(i) Moral Law:
It is asserted that an Act of parliament is invalid if opposed to spirit of morality.
Criticism:
As regard moral law, it may be stated that though judges may make certain laws, yet they are
bound to implement an Act passed by parliament.
(ii) Royal Prerogatives:
In many fields, the riyal prerogative operates and the Sovereignty of parliament is excluded.
Criticism:
The prerogatives are completely subordinate to parliament which can abolish or control them
in the manner it likes.
(iii) Preceding Acts Of Parliament:
Some Statutes have tended to direct the Course of future legislation and it appears that they
could not be repealed in future.
Criticism:
A Sovereign power cannot limit its own sovereignty. An act may be passed by a parliament in
on one Session and repealed in the subsequent.
II. Actual Limitations:
These limitations may be either
A. External, or
B. Internal
A. External Limitations:
The Sovereignty of parliament is subject to the force of public opinion parliament may pass
any law so long as it is backed by the political sovereign viz, the elector.
B. Internal Limitations:
The internal check comes from the sovereign powers itself. They would not make law against
the wishes of the people.
8- OTHER LIMITATIONS ON PARLIAMENTARY SOVEREIGNTY:
I. Rule Of Law:
Parliament cannot make a law opposed to the rule of law
“west Rand Gold Mining Co. Vs. The Crown:”
“it was held that if parliament passes a law opposed to rule of law, it imperils its own
supremacy”
II. Statute Of West minister 1931:
By virtue of the statute of west minister Act 1931, the Dominion Constitutions cannot be
altered or amended by parliament except with the consent of dominions.
III. International Law:
Which interpreting the Statute the Courts proceeds on the assumption that parliament did not
intend to violate the principles of International law.
IV. Judicial Interpretations:
It is claimed that the judges through judicial interpretations have the power to legislate but in
reality no case law can even be in opposition to statute law passed by parliament.
9- CONCLUSION:
To conclude, I can say, that the parliament is the highest authority in England concerning all
matters of state. It can enact, amend alter or repeal any law whatsoever at any time. The
sovereignty of parliament is theoretically unlimited. As said by Burleigh, “England could never
be “ruined but by a parliament”.
Rule of Law
Q 15: Write an essay on Rule of Law. / Q. Explain rule of Law under British constitution.
Q .what do you understand by the rule of the law and whether there are some exceptions
to it under British System
1- INTRODUCTION:
The rule of law is the product of centuries of struggle of the British people for the recognition
of their fundamental right. In U.K. law is supreme and every act of Government must be
authorized by law, either by Statute Law passed by parliament or by Common Law which has
been recognized for many hundreds of years.
2- MEANING OF RULE OF LAW
The principle of rule of law may be defined as under.
“Rule of law implies that none of the persons is above or below the law. All the persons are
equal in the eyes of the law. If any person violates the law, he should face the trial of the case
in Court.”
3- DICEY, S EXPOSITION OF THE RULE OF LAW:
The English jurist Dicey’ s has given an exposition of the conception the rule of law in his
book “Law of the Constitution,” first published in 1885. He gave following meanings to this
concept.
I. No Arbitrary Punishments:
No man is punishable or can lawfully made to suffer in body or goods except for a distinct
breach of law established by the ordinary Court of land. So all persons accused of an offence
should be tried in as ordinary Court of law in the ordinary legal manner and no one it to by
deprived of his life, liberty and property.
II. Before Law Equality:
Secondly. Rule of law implies that in U.K. every citizen, rich or poor high or low is subject to
the same law and the same Courts of Law. U. K. law does not make any distinction between
Government and those of ordinary citizens. If any public official dose any wrong to an
individual or exceeds the power vested in him by law, he can be sued an ordinary Court and
tried in the ordinary manner.
III. Judicial Decisions:
Finally, rule of law means that the general principles of the Constitution are the result of
judicial decisions determining the rights of private persons in particular case brought before
the courts.
4- PARLAMENTARY SOVEREIGNTY AND THE RULE OF LAW:
Rule of Law favours parliamentary Sovereignty under the ordinary law of the land,
discretionary authority in denied to the executive. The Courts are denied by Government of
any sort of discretionary powers. But there are times when parliament is called upon to
exercise its Sovereign power by granting the executive discretionary authority by means of an
emergency of temporary legislation or when for the sake of legality itself, the rules of law must
be broken. This act of breaking laws for legalizing illegalities is the supreme exercise of the
parliamentary Sovereignty.
5- INSTANCES OF RULE OF LAW:
Following are important instances of rule of law.
I. The Right To Personal Freedom:
People have personal Freedom in England. No person can be arrested without lawful
reasons.
II. The Right To Freedom of Decision:
People of England have right to freedom of decision. Media is independent. Everyone can
criticize the policies of Government.
III. The Right To Public Meeting:
People have right to public meeting and form the political parties.
IV. Ministerial Responsibility:
Ministerial Responsibility is important instance of the theory of rule of law. If one Minister do
wrong other become responsible for his actions.
6- EXCEPTIONS:
Following are the exceptions to Rule of Law.
I. Crown Is Not Responsible For The Wrongs Done By Its Officer:
Crown is not responsible for the wrongs done by its officers. A Government Official is
personally responsible for his mistakes made in his official capacity.

II. Public Officers Are Not Liable For The Wrongs Of Their Subordinates:
Public Officers are not liable for the wrongs of their subordinates because are certain acts
which have conferred some privileges and immunities to public authorities.
III. Judges Of The Courts:
Judges cannot be held responsible for anything dose by them in yhe Official course of their
business.
IV. Foreign Rulers:
Foreign rulers cannot be tried any Court in England for any wrong committed by them.
V. Diplomatic Representatives:
Diplomatic Representatives cannot be tried by any Court in England.
VI. Servants Of Crown Has No Protection If Dismissed:
If crown dismisses his servants. They have no protection against the crown even though they
are dismissed without a just Cause.
VII. Crown, S power To Refuse Or Grant Passport:
Crown has power to refuse or grant passport to travel in any country. The order of the crown
cannot be challenged in any Court.
VIII. Cancellation Of Citizenship:
If the citizenship of someone is cancelled it cannot be challenged in any Court.
IX. Power Of Home Minister To Naturalize Aliens:
The action of home Minister regarding naturalization of aliens cannot be challenged in a Court
of Law.
X. Time Of Proceedings Against Public Servant:
It is essential to take action against public servant within six months form the date of the
cause of action regarding any excess, neglect or default of public authority. The right of action
laps after six months.
XI. Justice Of peace:’
Justice of peace are not liable for any act if the act is not wrongful or malicious.
XII. Trade Unions:
Trade Unions in England enjoy lit of immunity from law.
7- CONCLUSION:
To, conclude, I can say, that the rule of law establishes the dominance of law but it has no
quiet modified. There are several limitations which indicate that the rule of law is not fully
adhered to in England today.
PART B: U.S. CONSTITUTION:

SALIENT FEATURES OF U.S CONSITUTION
Q1. SALIENT FEATURES OF U.S CONSITUTION.
1- INTRODUCTION:
A Constitution consists of those fundamental rules which determine and distribute functions
and powers among the various organs of the Government, as well as determine the relations
of the governing authorities with the people. The Constitution of the U.S. sets forth the
nation's fundamental laws and is the Supreme Law of the land.
2- DEFINATION OF CONSTITUTION:
Aristotle: “constitution is the way of life the state has chosen for itself”.
3- SALIENT FEATURES OF U.S. CONSTITUTION:
Following are the Salient features of U.S. Constitution.
(I)WRITTEN:
American Constitution is in written form. It is very brief Constitution, originally consisted of
preamble and seven Articles but now 26 amendments have been made in it.
(II)ENACTED:
U.S. Constitution is and enacted constitution given by the convention in Philadelphia and
officially adopted on March 4, 1789.
(III)SOVERIGNTY OF THE PEOPLE:
The preamble of the U.S. Constitution laid emphasis on the sovereignty of the people. It starts
with the words. "We the people of the United States". Which clearly indicated the sovereignty
of the people.
(IV)SUPREMACY OF CONSTITUTIONAL LAW:
The Constitution of U.S. is the basic law of the country to quote Constitution itself.
"This Constitution and the laws of the United States which shall be made in pursuance thereof
shall be the Supreme Law of the land.
(V)CONVENTIONS:
Conventions played an important role in the development of the Constitution and they are
also the basic feature of the U.S. Constitution e.g. the growth of the cabinet of the American
President is the result of convention.
(VI)RIGID:
American Constitution is a rigid Constitution because requires a special procedure to amend
it. Every amendment, which can be moved in two different ways, must be ratified by the three-
fourths of the state will be and elected one.
(VII)REPUBLICAN:
The U.S. Constitution guarantees to every state a republican form of Government the head of
every state will be an elected one.
(VIII)FEDERALISM:
The Constitution of U.S. establishes a federal form of Government. A Constitutional division
of powers has been made between the center and the federation units. The Constitution
enumerates the powers of the center and leaves the residue of powers to be exercised by the
federating states.
(IX)PRESIDENTIAL:
The U.S. Constitution provides for the presidential form of Government. The Constitution
vests executive powers to the president. He is not responsible for his acts and policies to the
legislature. He is elected by the people for the term of four years.
(X)BICAMERALISM:
Article I Section 1 of the U.S. Constitution made bicameral legislature. In House of
representatives, representation is on the basis of population and Senate, each state has
equal representation, two Senators from each state.
(XI)SECULAR:
America is a secular state. It is stated that congress shall make no law resection the
establishment of religion of prohibiting the free exercise of religion.
(XII)BALANCED GOVERNMENT:
The Constitution Guarantees the balanced Government in the state. The house of
representative would reflect the attitudes of the popular or democratic elements and the
senate would reflect the views of the aristocratic elements. The two chambers would serve as
a check on each other.
(XIII)SEPARATION OF POWERS:
The Constitution is based on the doctrine of separation of powers. All the three branches of
the Government via legislative, executive and judiciary have been kept separate from each
other. The personnel of each branch is chosen by different procedure, the functions are also
different and there is no interference in each department.
(XIV)CHECKS AND BALANCES:
In America, there is a system of checks and balances, each branch has weapon with which to
check the others. The President has a qualified veto over laws enacted by congress. The
congress can check the President by impeaching him. The president and the senate elect the
judges of Supreme Court and Judges has the power to interpret the laws.
(XV)JUDICIAL REVIEW:
The study of American Constitution is in large measure a study of judicial decisions and
opinions. The constitution does not specifically grant the Courts the power to interpret the
Constitution but it furnishes sufficient verbal basis for the power. The first assertion of the
power against an act of congress was made in 1803 in Chief Justice Marshal's famous
opinion in case of "Marbury vs Madison".
(XVI)INDEPENDENCE OF JUDICIARY:
The Constitution gives judges a large measure of independence. The founder fathers took
special precautions to isolate the judiciary from executive and legislative influence.
(XVII)DUE PROCESS OF LAW:
Another feature of the American Constitution is the right to due process of law. The Federal
Government and the State Governments are forbidden to deprive anyone of life, liberty and
property without due process of law. It means that any person suspected of violation the law
must be dealt with according to the established rules and not arbitrary. It also demands that
the Act of legislature and executive both at the centre and in the states must be reasonable.
(XVIII)BILL OF RIGHTS:
The U.S. Constitution Guarantees the people a large number of fundamental right. These
rights were not enumerated in the original draft of the Constitution but by subsequent
amendments these rights have been secured. The first ten amendments were made to
incorporate the fundamental rights.
(XIX)DUAL CITIZENSHIP:
The U.S. Constitution provides for dual citizenship for the people of United States. An
American is the citizen of the U.S.A. and also of the state wherein he or she is domiciled.
(XX)SPOILS SYSTEM:
This System is associated with the name of President Andrew Jackson. According to it, when
the new president takes. over the charge of administration, the entire administration of the
previous president is streamlined and he made fresh appointments without taking into
account ability, experience etc.
(XXI)REPRESENTATIVE DEMOCRACY:
The American constitution establishes a representative democracy. All mattes of Government
are left in the hands of chosen representatives.
(XXII)DIFFERENT CONSTITUTIONS FOR THE FEDERATION AND THE STATES:
The States which joined the American Federation have their own Constitutions, which were
allowed to exist as before. This wash helpful in avoiding the bulk of the Constitution.
(XXIII)CONSTITUTIONAL LIMITATION:
Another outstanding feature of the U.S. Constitution is found in the number of limitations,
which it contains. There are many things which neither the national nor the State
Governments may do such as framing bills of attainder or granting titles of nobility.
(XXIV)OMISSIONS:
The Constitution is distinctive not only for what it contains but for what it omits, its silence on
some points is eloquent. For example, the Constitution provides that the house shall choose
its own speaker but does not say what his powers shall be this element made the Constitution
flexible.
3- CONCLUSION:
To conclude, I can say, that the American Constitution is the oldest written Constitution in
force in any nation of the world. It establishes the form of Government and defines the rights
and liberties of the American People. It also lists the aim of Government and the methods of
achieving them.
DEVELOPMENT OR GROWTH OF U.S. CONSTITUTION

Q2. Give a brief account of constitutional history of USA.
1. INTRODUCTION:
American Constitution is a rigid Constitution but inspite of it, the process of overhauling and
modernizing the constitution is going groom the very beginning till today.
"The American Constitution has been worn away in one part, enlarged in another, modified in
a third, by the ceaseless influences playing upon the people. it has necessarily changed as
the nation has changed".(Lord Bryce)
2- DEVELOPMENT OF U.S. CONSTITUTION:
The original constitution of the U.S. consists of seven articles containing not more than seven
thousand words has now evolved and enlarged into a vast Constitutional system. The need to
change a constitution arises for following reason.
(i) It was originally framed to satisfy the requirements of the original 13 States but the change
in the social, economic and political life of the people needs the change in the constitution.
(ii) The text of the Constitution itself being such as to require interpretation or explanation.
3- FACTORS WHICH LEAS TO THE DEVELOPMENT OR GROWTH OF
U.S.CONSTITUTION:
Following factors are responsible for the growth of U.S Constitution
(i) Constitutional Amendments.
(ii) Legislation
(iii) judicial Interpretation
(iv) Executive Actions
(v) Conventions
(I) CONSTITUTIONAL AMENDMENTS:
Though the process of amending the Constitution has been extremely slow yet it has led to its
growth so far 26 amendments has been made in the constitution.
(II) LEGISLATION:
The Constitution is in several ways a skeleton, the details of which are left to be filled in by
the laws of the congress and to a lesser degree, of state legislatures. For example, Article III
of the constitution states that "there shall be one Supreme Court and such inferior courts as
the congress may from time to time ordain and establish" on this basis the congress laid the
foundation of American judicial system. Such as determined the composition organization of
judiciary etc.
(III) JUDICIAL INTERPRETATION:
The growth of the constitution by means of judicial interpretation is both unavoidable and
enormous. The constitution is drafted in general words, phrases and terms the meanings of
which the judges have to find out. the Supreme Court has been legislating the constitution by
deciding hundreds of thousands of cases brought before it.
(IV) EXECUTIVE ACTION:
The president and various heads of department have developed the constitution by their
executive rulings, orders and actions. For example Washington, in availing of the
constitutional provisions regarding the heads of departments set up cabinet.
(V)CONVENTIONS:
A convention is a usage or custom which by long repetition and practice has obtained the
force and sanctity. U.S. Constitution is also developed by the conventions. Some important
Conventions are as under.
(i) Direct presidential Election:
The Constitution provided for and indirect election of the president but by convention, the
election has become more or less direct.
(ii) Member of House of Representative must belong the Constituency:
Member of the house of representative must belongs to the constituency from which he is to
be elected.
(iii) Position of Speaker:
The power and prestige of the speaker of the house of representative are determined by the
convention and usages.
(iv) Cabinet System:
The growth of American cabinet system is also based on conventions.
(v) Steering Committee:
Steering committee is not known to the constitution. It is product of conventions.
(vi) Procedure of House of Representative:
The procedure regarding the conduct of the House of Representatives is based on
convention.
(vii) Senatorial Courtesy:
The president of America consults the Senator of the area when he makes appointments. It is
called 'Senatorial courtesy'.
(viii) Money Bills:
Money bills are originated in the lower house of congress.
(ix) Explanation of Policies:
After election president explain his policies and address the congress.
(x) Election of Chairman of Committees:
Chairman of committees are elected on seniority basis. It is by convention.
(xi) Residence:
The president and vice-president must belong to different states of the U.S.A.
3. CONCLUSION:
To conclude, I can say, in words of Woodrow Wilson that the original American Constitution is
just like Magna Carta and it has sprouted out of a small seed into a big tree. The U.S.
Constitution has changed and developed in many ways. It is not stagnant unprogressive and
unchanging but is growing one.
CONCEPT OF FEDERALISM
Q3.explain US constitution provides for federal system.
1-INTRODUCTION:
U.S.A was the first modem democratic state which opted for a federal form of Government.
The fathers of the U.S. Constitution were aiming at Unions of regional autonomy and the
national unity. It could be possible only this form of Government.
2- MEANING OF FEDERALISM:
"A Federal form of Government provides for a Union of States in which authority is divided
between the centre and the States. Both the centre and the states work autonomously within
their domains"
3-CONCEPT OF FEDERALISM IN U.S. CONSTITUTION:
The Constitution of the United States was framed by the original 13 members states under an
atmosphere characterized by jealousy, bitterness, suspicion and political fear. They were not
prepared to abdicate their sovereignty altogether they wanted to retain their autonomy to
some extent. The federalism was thus a compromise between the centrifugal and centripetal
tendencies. Originally it was federation of 13 states which is now raised to 50 states.
4- FEATURE OF U.S. FEDERATION:
Following are the salient features of U.S. Federalism.
(I) PROHIBITION OF SECESSION:
There is no possibility of separation of states from Federal Government in the Constitution of
U.S.A.
(II) FEDERAL SUPREMACY:
Federal Laws are superior to the laws of the States.
(III) RIGID CONSTITUTION:
American Constitution is a rigid constitution The process of amendment in the constitution is
difficult.
(IV) DIVISION OF POWERS:
A Constitutional Division of power has been made between the centre and the States. The
Constitution contain three lists of subjects viz.
(i) a list of what the congress can do
(ii) a list of what the congress cannot do
(iii) a list of what the states cannot do
The powers earmarked for the centre are:
=> foreign relations and treaties
=> declaration of war
=> admission of new states
=> currency and coinage
=> honoring on the nation's credit
=> regulation of foreign and inter-state commerce
=> armed forces

=> postal services
=> patents and copyrights
=> regulation of weights and measures etc.
(i) Residuary Powers:
The Residuary subjects were given to the states the 10th amendment clearly provided that
the powers not prohibited by it to the states were reserved to the states.
(ii) Importance of Residuary Powers:
The residuary powers of States Constituted an important limitation on the authority of the
central Government within the sphere of these powers, the states are autonomous and
supreme and the Federal Government is supreme within its own sphere. This is the essence
of American Federalism.
(v) INDEPENDENT JUCICIARY:
Judiciary is independent and most powerful institution in U.S.A. and it is the guardian of
Constitution.
(vi) SUPERMACY OF CONSTITUTION:
The Constitution is the Supreme Law in a Federation and in U.S.A., it is made Supreme.
(vii) BISCAMERAL LEGISLATURE:
American Legislature has two houses the senate and the house of representatives. In senate
the representation is made on parity basis, 2 senator from each state.
(viii) DUAL SYSTEM:
Federalism of America is Symbol of double system. States have their own legislatures,
executive and judiciary.
5- FEDERAL STATE RELATIONSHIP IN THE U.S. FEDERATION:
The relationship between the Federal and the State Government has been patterned in
following ways.
(I) DUAL FEDERALISM:
At first, the principle of Dual Federation was dominant. According to it, the constitution was
interpreted to carve out separate field of authority for the national Govt. and the States.
(II) COOPERATIVE FEDERALISM:
The principle of Cooperative Federalism upholds the supremacy of the Federal Government
and extension of its powers in Cooperation with the authority of the State Government.
(III) CREATIVE FEDERALISM:
Owing to the rapid growth of the cities or Urban Areas the old style city administration and the
State Government in whose areas these cities are situated have been unable to cope with
these problems both financially and administratively. The aim of creative federalism was to
revitalize the state and city Governmental bodies and to improve the lines of the co-ordination
between the Central and State and local branches of government and administration.
6- TREND OF STRONG CENTRAL GOVERNMENT:
With the passage of time the powers of the centre increased substantially. Following factors
are responsible for the trend of centralism in U.S.A.
(I) PHYSICAL ECONOMIC AND SOCIAL CHANGES:
The expansion of territory the growth of population, the increasing complexity of economic
and social organization led to the growth of the Federal Government.
(II) THE CIVIL WAR:
The supremacy of the National Government was established after the end of the civil war.
The defeat of the southern states gave a negative verdict on the state autonomy.
(III) CONSTITUTIONAL AMENDMENTS:
The Federal Government has also attained authority through Constitutional amendments. For
example, the 16th amendment removed the restriction imposed by section 9 by providing that
the Congress shall have power to levy and collect taxes on income from whatever source
derived.
(IV) INTERPRETATIONS OF SUPREME COURT:
The Constitutional interpretations by the Supreme Court have increased the authority of
Federal Government.
"Maryland Vs. McCulloh"
"The Supreme Court stressed that according to the clause in Constitution, the congress
possessed and implied power to establish bank in any part of the country and any state law
imposing any restriction on it was illegal."
(V) FEDERAL GRANT-IN-AID:
The Fiscal Supremacy of the National Government has forced the states to seek feral help for
financing their social services and this leads to the strong Central Government.
(VI) INTERNATIONAL SITUATION:
The International Situations after the World War II forced U.S.A to have a strong centre to
meet the requirements of the time.
=> According to White:
"The most obvious giant pushing us towards the centre is the Russian bear".
(VII) ROLE OF POLITICAL PARTIES:
The growth and organization of the political parties and national lines have made the centre
strong.
(VIII) ROLE OF PRESIDENTS:
The powerful president has issued rules and regulations in the exercise of their authority
widen in the federal government e.g. Roosevelt's "new deal" policy has widened the Control
of Federal Government over subjects originally within State jurisdiction.
(IX) CONFIDENCE IN THE NATIONAL GOVERNMENT:
The People of U.S.A. have looked to the National Government for solving their problems at all
stages and their desire to make the country big and prosperous leads to strong centre.
(X) DEFENCE OF THE COUNTRY:
The Constitution empowers the National Government to protect the country from external
aggression and this problem of common defence leads to increase the authority of the
Federal Government.
(XI) DEVELOPMENT OF NATIONAL PRESS:
The National Press has also fostered a spirit of National Unity among the people of U.S. This
has induced the people to grant more power to the Federal Government.
7- CONCLUSION:
The conclude, I can say, that U.S. Constitution provides a federal form of Government the
Constitution is the supreme law of the country and a Supreme Court is provided to protect the
constitution and resolve the disputes likely to crop up between the centre and the sates. To
begging with the centre was kept weaker than the states but with the passage of time the
National Government has been generally encroaching upon the state right with impunity but
the states still have a large degree of autonomy.
POWERS OF AMERICAN PRESIDENT

Q4. Explain Powers of American President?
1- INTRODUCTION:
The range of President's function is enormous. He is ceremonial head of the state. He is vital
source of legislative suggestion. He is the final source of all executive decision. He is the
authoritative exponent of Nation's Foreign Policy" (Laski).
In America, the President is responsible for making policies and is accountable to the Nation.
A competent person can exercise even those powers which are not laid down in the
Constitution.
2- ELECTION OF PRESIDENT:
Article II of the Constitution of U.S.A. deals with the office of president in America. The
Constitution provided that the President should be elected by an electoral college, consisting
of as many presidential electors as is the number of members in both the house of the
congress.
3- POSITION OF PRESIDENT:
The Constitution of U.S. has vested the executive power in the President but the Presidency
has not remained what it was made by the Constitution. It has growth by the statutes,
convention and by the personality of its incumbents. In a very real sense the presidency is
what a president makes it.
4- SOURCES OF POWERS OF PRESIDENT:
Following are the sources from where the President of the U.S. derives his powers and
authority.
(i) Constitution
(ii) Statutes of Congress
(iii) Supreme Court decisions
(iv) Usages and customs

5- POWERS OF U.S. PRESIDENT:
The power of U.S. President can be classified under following heads.
(i) Executive Powers
(ii) Legislative Powers
(iii) Judicial Powers
(iv) Financial Powers
(I) EXECUTIVE POWERS
The Constitution has vested the executive powers in the President, but it is mainly silent on
questions of ways and means of exercising it, except in a few respects. Different aspects of
President's executive powers are as follows.
(i) Enforcement of law:
The President is responsible for the enforcement of Constitution and the laws which are made
by the Congress. In case of resistance, the president has the power to use force.
(ii) Powers of Appointment:
Article II of U.S. Constitution gives the list of the appointments to be made by the President
with the advice and consent of the senate, however all inferior appointments can be made by
the president alone.
(a) Recess Appointment:
The President can appoint a person during the recess of the Senate and when the Senate
meets. it can refuse to confirm the appointment, but it can continue till the end of the Session
President Collidge made use of this technique to keep Charles B. Warren in office as
Attorney-General.
(b) Senatorial Courtesy:
It is Convention that the Senate gives approval of the Presidential appointments of Federal
Officials in the district of the State, if the senator of that particular district gives his consent,
but if the senators of that state does not give their consent, than the President has to face the
consequences i.e. Senatorial Courtesy which means that the Senate will not approve the
Presidential appointment.
(iii) Powers of Removal:
The Constitution is silent about the question of removing the officers whom the President
appoints. There was a dispute whether it should be exercised by the President alone or with
the advice and consent of the Senate but this dispute was settled by the Supreme Court of
U.S. in Myer's case.
"MYERS VS UNITED STATES (1926)"
"It was held that it is the power of the President to remove an officer appointed by in and
senate without consent of the senate"
(iv) Chief Administrator:
The President is the head of the National Administrator. He has the power to supervise its
operations and has the right to control the entire administration.

(v) Military Power:
The President is the Supreme Commander of the armed forces of the United States. and he
is responsible for the defence of the United States. He is fully authorized to deploy the armed
forces anywhere in and out of the country.
"MARTIN VS MOTT (1827)"
"It was declared that president can use military in emergency with full authority".
(vi) Executive Privilege:
The President has the right to claim executive privilege for materials under his control.
UNITED STATES VS NIXON (1974)
"The Supreme Court ruled that the President does have a limited executive privilege".
(II) LEGISLATIVE POWERS:
Under certain conventions, President's role in legislation becomes extensive while the
congress has itself appreciated the legislative role of the President.
(i)Messages:
President can send messages to the Congress Conveying his proposals on important issues.
Such proposals from the President are given full consideration during legislation. The famous
message to congress include President's Wilson 14 points.
(ii) State of the Union Address:
The opening address of the President at each Session of Congress is known as the state of
the union message. At the beginning of each Session the President is required by law to send
congress a budget message and economic report.
(iii)Convening Extra Session of the Congress:
The President Can't Summon ordinary Sessions of the Congress but can summon its extra
ordinary Sessions under Special Conditions like when emergencies arise.
(iv)Veto Power:
The President can exercise his veto power in the legislative field. There are following kinds of
veto power
(a) Suspense Veto:
According to it, he can return the bill to the Congress for reconsideration. If the bill is passed
by 2/3 majority of the congress, it shall become law without the President's consent
(b) Pocket Veto:
In case; the Session of the Congress adjourns before the expiry of ten days while the bill has
not been approved by that time, it will die termed as pocket veto.
(c) Item Veto:
Item Veto has been passed in 1996 according to which the President can approve parts of a
bill and veto other parts before the item veto the congress had been able to get measures by
using Riders clause.
(V) Executive Decrees and Order:
The President is authorized to promulgate executive decrees and orders and these are as
valid as laws.
(vI) Direct Pressure on the Congress:
The President is the leader of the nation. When his efforts to convince the House prove futile,
he makes a bid for a popular support.
(III) JUDICIAL POWERS:
A President enjoys the following judicial powers.
(i)Appointment of judges:
The President appoints judges with the approval of the Senate.
(ii)Power of Pardon and Reprieve:
The President has the power to grant pardon and resprieves. A pardon is a release from
liability of punishment. It may be absolute or conditional.
EXPARTE GROSSMAN (1925)"
"It was held that the President has power to pardon the Sentence for contempt of Court."
(iii) Ammensty Power:
President may also grant ammensty.; it is a group pardon given to batch of offender e.g.
president Jafferson set free all persons convicted under the Sedition Act of 1789.
(IV) FINANCIAL PWERS:
Following are the financial powers of the President.
(i) General Manger of Financial Affairs:
The President of America is the General Manager of Financial affairs of the Government. He
directs and control finance affairs.
(ii) Control Over Budget:
Federal budget is prepared by the bureau of Budget under the Supervision of the President
Serves as a guide to legislative action on annual appropriation for Government activities and
programmes.
(V) POWERS IN FOREIGN AFFAIRS:
Following are the Powers of President in relation with Foreign affairs.
(i) Diplomatic Power:
American President has been regarded as the Chief Spokesman of America in its relations
with Foreign Governments. The most important function of the President is to formulate
foreign policy, which revealed in presidential messages and speeches.
(ii) recognition of States:
The President has the authority to recognize countries and governments. This he does simply
by receiving diplomatic representatives of the countries concerned.
(iii) Treaty Making Power:
The President has the power to make treaties with other governments with the ratification of
two third majority of senate.
(iv) Agreement making Powers:
The American President can make agreement with foreign states and it is not subject to
ratification of Senate.
(v) Declaration of War:
The American President has power to declare war with the consent of congress.
(vi) Termination of Hostilities:
The American President has exclusive right to terminate hostilities.
6- EMERGENCY POWERS:
(I) MEANING OF EMERGENCY:
An emergency is a more extensive and serious crisis in which the whole nation is involved.
(II) SOURCE OF EMERGENCY POWERS:
The American Constitution is silent about the emergency powers of the president but the
president can exercise certain powers during emergency. The Supreme Court has held that
emergency does not create powers nor does it increase powers already gives by the
Constitution. But the congress can confer upon the president many powers which he may
exercise at the time of emergency.
ACCORDING TO JUSTICE CLARK:
"The Constitution does grant to the President Exclusive authority in times of grave and
imperative national emergency. In fact to my thinking such a grant may well be necessary to
the very existence of the constitution itself"
(III)KINDS OF EMERGENCY:
President may proclaim two types of emergencies.
(a)Limited emergency (b) Unlimited emergency
(IV)LIMITATION ON EMERGENCY POWERS:
The President has to act within the limits set by the constitution, otherwise his actions can be
declared invalid by the Supreme Court.
7- IMPEACHMENT."
ACHMENT OF PRESIDENT:
According to Section IV of Article II of U.S. Constitution the President shall be removed from
office on impeachment for and conviction of treason, bribery or other high crimes and
misdemeanors.
(I) PROCEDURE OF IMPEACHMENT:
The House of Representatives adopt by resolution, articles of impeachment charging the
president with certain high crimes and chooses leaders to direct the prosecution before the
senate which acts as judicial tribunal of impeachment. The Senate may convict the president
by two-third majority of its member present and voting. President Johnson was the only
President against whom impeachment procedure was adopted but even he could not be
convicted.
8- CONCLUSION:
To Conclude, I can say, that the President of America, is one of the most powerful
personalities in the present day International world. As John Kennedy says. "It is the
President who has to decide when to lead the congress, when to consult it and when to act
solely.
ELECTION OF AMERICAN PRESIDENT

Q5. How the president of USA is elected? Write a detail note.
1- INTRODUCTION:
The U.S. Constitution provides for the presidential form of Govt. the farmers of the U.S.
Constitution spent a lot of time in deciding upon the method of electing the president. After a
good deal of discussion they adopted a plan of indirect election of the President by Electoral
College which is now embodied in Article II, sections 1, 2 and 3 of the Constitution.
2- QUALIFICATIONS FOR THE PRESIDENT:
The Constitution imposes three tests on a candidate for the presidency.
(I) AGE: A Candidate must not be less than 35 years of age
(II) CITIZENSHIP: A Candidate must be natural born citizen of the U.S.A.
(III) RESIDENCE: A Candidate must have resided fourteen years within the country however
it is not to be interpreted as a continuous and uninterrupted period of 14 years preceding
election.
3- MODE OF ELECTION:
The mode of election of U.S. President is the indirect one the constitution provided that the
president should be elected by an electoral college consisting of as many presidential
electors as is the number of members in both the House of the congress.
4- STAGES OF PRESIDENTIAL ELECTION:
In practice there are following stages of the election of U.S. President.
(I) NOMINTION OF PRESIDENTIAL CANDIDATES:
The candidates for the presidency are nominated by the parties. Since 1832, the two major
parties i.e. the Democrats and the republicans have established the practice of choosing their
representatives at national conventions.
(II) COMPAIGN:
After the nomination of the Presidential Candidates and their subsequent election by their
respective party conventions, nation-wide presidential campaign starts.
=> The parties set up national and states committees and open headquarters in two great
cities.
=> Each party issues a campaign text-book which contains the path platform, the biographies
of the candidates and other material required for propaganda purpose.
(III) NOMINATION OF PRESIDENTIAL ELECTORS:
The next stage is nomination of the presidential electors in the several states. These electors
are important party leaders.
(IV) ELECTION OF PRESIDENTIAL ELECTORS:
The next stage in the Presidential election falls in November of the election year when
presidential electors are to be elected. Section 1 of the Article II of the Constitution of U.S.A.
deals with the election of presidential electors (Electoral College)
(i) Number of Presidential Electors:
The Electoral College consisting of as many presidential electors as is the number of
members in both the house of the congress. At present there are to be 538 members in the
Electoral College as the House of representative and senate consist of 438 and 100 members
respectively.
(ii) Representation Made by EACH State:
Each State is to appoint as many electors as; it has senator and representatives in the
congress.
(iii) Method of Election:
The method of election of Presidential electors has been left to be determined by the state
legislature concerned. To begin with, they were elected by the state legislature. Now they are
elected by the people of the state concerned.
(iv) Election of President by Electors:
The presidential electors meet in the capital of each state on the first Monday after the 2nd
Wednesday in December and Record their votes for the Presidential candidates.
(v) Voting:
A certificate of election is then sent to the chairman of the senate by each state on 6th,
January, the congress meet in a joint Session, where votes are counted. The person securing
an absolute majority of votes is declared elected. To secure absolute majority, a candidate
must receive 270 or 538 votes.
5- INSTALLATION:
After the election, the new president is installed into office on January 20 of the ensuring year
by taking the oath of office.
6- TERM OF OFFICE:
The presidential term is four years and according to the 22nd amendment a president can
stand for re-election only once.
7- REMUNERATION OF PRESIDENT:
The U.S. President receivers a salary of $ 200,000 a year and extra $ 50,000 for expenses,
occupies and official resident and enjoy other privilege such as travel and official
entertainment allowances.
8- SUCCESSION:
The Article II, Section I, clause 5 of the constitution provides that if president’s office falls
vacant due to his death resignation, impeachment or inability to discharge the powers and
duties of the said office, the vice-president succeeds to his office for the remaining period of
his term.
9- CONCLUSION:
To conclude, I can say that in practice American president is directly elected by the people
the presidential election campaign begins a year and four months before the election day,
costing the country more than one billion dollars and is perhaps the longest and most
complicated process.
PROCEDURE OF AMENDMENT
Q.6 writes a note on Amendment process of US constitution.
Q. US constitution is rigid explain.
1. INTRODUCTION:
The process of overhauling and modernizing the constitution has been going on from the
beginning till today.
“One might say, “Writes Munro, “that it is amended every Monday morning when the supreme
court hands down its decisions.”
The amendment process of the American constitution is very difficult and so far only 27
amendments have been made in the constitution.
2. AMENDING PROCESS:
Article 5 of the constitution prescribes the amending process thus:
“ The congress, whenever the 2/3rd of both the houses shall deem it necessary, shall
propose amendments to this constitution or one the application of the legislatures of the two-
thirds of several states shall call a convention for proposing amendments, which is either
case shall be valid, to all intents and purposes, as part of this constitution, when ratified by
three-fourth legislatures of the several states or by convention in three-fourth thereof, as the
one or the others made of ratification may be proposed by the congress.”
3. ANALYSIS OF THE AMENDING PROCESS:
“The American constitution “ , writes Lord Bryce , “has been worn away in one part, enlarged
in another ,modified in a third way by the ceaseless influences playing upon the people. It has
necessarily changed as the nation has changed. It has changed in the spirit with which men
regard it and , therefore in its own spirit.”
The Amending process consists of two stages on of the proposal and the second of
ratification. But according to the constitution these two stages can be conducted in four
different ways:
• Proposal for Amendment by 2/3rd of the members of congress present and ratification by
legislatures of 3/4 the of the 50 states.
• Proposal for Amendment by 2/3rd of the members of congress present and ratification by
3/4 th of states convention.
• Proposal for amendment by a national convention called by congress on request of 2/3rd of
legislatures of several states and ratification by ¾ the state legislatures.
• Proposal for amendment by a national convention called by congress on request of 2/3 rd of
legislatures of several states and ratification by 3/4th of states convention.
4. TIME LIMIT FOR RATIFICATION:

The constitution is silent over this question. The congress, may fix a time limit for such
ratification, as it fixed 7 years as the maximum time for the ratification of 18th ,20th ,21st
amendment.
The supreme court has held that amendment is a totally legislative measure and the assent of
president is not required to a proposed amendment before being sent to the states. Similarly
governor’s assent is not required to the amendments ratified by the state legislature.
5. RESTRICTIONS TO THE AMENDMENT:
The constitution has itself laid down certain restrictions on its amendment .The artilcle 5
states that:
“No amendment which may be made prior to the year 1808, shall in any manner affect the
first and the fourth clauses of the 9th section of the first article.” These clauses are related to
the importation or migration of Negro slaves and related to capitation and direct tax
respectively.
Similarly the article 5 states that “No state, without its approval, shall be deprived of the equal
suffrage in the senate.” Thus, each of the 50 states enjoys equal suffrage in the senate.
Similarly no state can be divided nor two states be combined together to form a single state
without the assent of the legislature concerned. These restrictions are imposed to pressure
the stability of the federal structure of the American union.
A survey of the 27 amendment shows that they have changed the original constitution but not
fundamentally. The changes have been numerous but they were not related to the power or
structure of the federal government.
6. CONCLUSION:
It is difficult circuitous and complicated .The two-thirds majority vote is too great to be easily
secured. As a result out of about 4000 proposals for amendment which have been made
since 1787 only 27 have secured the required majority vote.
It is a very slow process. It involves two stages of proposal and ratification which makes it a
sluggish process. As a result only 27 amendments have been made in a period of more than
200 years.

P3 Uk and Us Constitution

Încărcat de

Informații document

Descriere originală:

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

P3 Uk and Us Constitution

Încărcat de

Drepturi de autor:

Formate disponibile

LLB PART 1 Paper 3

Balochistan Book Center

PART A: British Constitution

XVII. Mixed Constitution:

SOURCES OF BRITISH CONSTITUTION

3- EVOLUTION OF CABINET SYSTEM:

IX. Unity Of Cabinet:

(i) Ordinary Committee of the Whole House on a Bill:

JUDICIAL SYSTEM IN ENGLAND

VIII. Co-Ordination In Judicial System:

LAW MAKING PROCEDURE

POWERS AND POSITION OF PRIME MINISTER

3- DEFINITION OF CROWN’ S PREROGATIVE:

5- EXPOSITION OF PARLIAMENTARY SOVEREIGNTY:

personally responsible for his mistakes made in his official capacity.

PART B: U.S. CONSTITUTION:

DEVELOPMENT OR GROWTH OF U.S. CONSTITUTION

=> armed forces

POWERS OF AMERICAN PRESIDENT

(iv) Usages and customs

operations and has the right to control the entire administration.

ELECTION OF AMERICAN PRESIDENT

4. TIME LIMIT FOR RATIFICATION:

S-ar putea să vă placă și