PARLIAMENTARY VS. PRESIDENTIAL SYSTEMS: ASSESSING THE EXECUTIVE BRANCH’S ROLE AND ACCOUNTABILITY
AUTHOR – SHRIDITI MAJUMDER, STUDENT AT IILM UNIVERSITY GURUGRAM
BEST CITATION – SHRIDITI MAJUMDER, PARLIAMENTARY VS. PRESIDENTIAL SYSTEMS: ASSESSING THE EXECUTIVE BRANCH’S ROLE AND ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1089-1097, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract
This paper compares the two main systems of governance – parliamentary and presidential – and explores how the executive branch is structured and held accountable by the Indian and American Constitutions. The parliamentary system embodied in India’s Constitution merges the executive and legislative branches through the Council of Ministers’ accountability to the Lok Sabha, guided by Articles 74 and 75 of the Constitution. In contrast, the U.S. Constitution sets up a presidential system under Article II, with structural separation of powers between the executive, legislature and judiciary and with the President serving a fixed term and being directly elected by the citizens. The two systems have important implications for how executive authority is checked and held to account in each nation. Courts have rendered decisions clarifying the parameters of ministerial responsibility, as seen in cases like Ram Jawaya Kapur v. State of Punjab[1] and Samsher Singh v. State of Punjab[2] define the parameters of ministerial duty in India. These cases highlight both the constraints and the independence afforded to the U.S. President. It is noted that India’s parliamentary system deploys political accountability tools such as the no-confidence motion under Article 75(3) , whereas the U.S. presidential system largely depends on legal accountability mechanisms like impeachment established in Article II, Section 4 . The paper concludes that the constitutional framework for executive power determines how governance, accountability and the stability of the democratic system play out within each system.
Keywords: Executive Accountability, Separation of Powers, Parliamentary System, Presidential System, Indian Constitution, U.S. Constitution
[1] Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549.
[2] Samsher Singh v. State of Punjab, AIR 1974 SC 2192.