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Showing contexts for: basic structure constitution in Further Discussion On The Motion For Consideration Of The Electoral Reforms ... on 25 April, 2008Matching Fragments
The majority in Parliament is the essence of democratic rule. That is why proportional representation is incongruous with a strong Government with defined policies.
True, when Parliament functions with lunatic or fanatic theory the rule of law withers but the Cabinet system with a ceremonial President enjoying supervisory jurisdiction and special Constitutional authority, as in our case, is un-debatably preferable. We have a Cabinet system with the President who is the Head of the Nation with ceremonial powers and advisory authority. He has the right to get information from Government and authority to advise the Cabinet. Therefore, in the Presidential system the President is powerful. In such contexts, proportional representation has more relevance but our Constitution is based on the Cabinet system and this basic structure cannot be changed.[R77] I think the hon. Law Minister can elaborate on this basic point.
THE MINISTER OF LAW AND JUSTICE (SHRI H.R. BHARDWAJ): May I say one thing on this? India is a Parliamentary democracy. When we talk of presidential system, it cannot be introduced in India for the simple reason that we have not accepted the presidential system in our Constitution. So, if you turn to presidential system, it will be a violation of the basic structure of the Constitution and will be struck down. Any law which will change the parliamentary system will be against the Constitution. We should strengthen the parliamentary democracy and within this framework, we should do something so that the MPs get maximum votes and we have clean elections. These are the things which our leaders discuss. So, when we talk of other systems in the world, they are suited to them. India has opted for parliamentary democracy and this is the only form of Government which will be acceptable to the people of India. If you read extensive speeches of Pundit Nehru, Dr. Ambedkar and Sardar Patel, you will find that they had rejected outrightly the other systems while speaking in the Constituent Assembly. India is a vast country and so many crore people participate in the elections here. The population of other countries is not that much. So, we should purify this system.