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Unit 6: Socio-Economic Bases and Salient Features of the Constitutions

different from laws. Jennings thus rightly asserts that the conventional system of the British Notes
constitution “is, in fact, much like the system of the common law.”
For the sake of convenience, we may put a long list of important conventions under these heads:
First, there are some well established conventions relating to the monarch which regulate the exercise
of royal prerogatives. The monarch reigns but does not govern. As such, he is the titular head of
the state acting upon the advice of his ministers. He can do no wrong which implies that the
responsibility is of the ministers who carry on the administration of the country and who can not
take shelter behind the throne for their acts of commission or omission. The monarch does not
attend the meetings of the Cabinet; he appoints the Prime Minister without using his discretion to
reveal the fact of his political non-partisanship. The office of the Prime Minister goes to the leader
of the majority party in the House of Commons and the monarch has hardly any chance to
exercise his discretion in this regard - save in the exceptional times of national crisis. The monarch
has got the power to veto a bill passed by the Parliament, but he gives assent to every bill as a
result of which his veto power has been in disuse since 1707.
Second, there are important conventions relating to the Cabinet system. The Prime Minister must
belong to the House of Commons and that he must be the leader of the party which commands
absolute majority in the House. All ministers must belong to the party of the Prime Minister and
they must have the membership of the Parliament. However, if a minister is not a member of the
Parliament, he must find his seat within a period of six consecutive months. All ministers are
appointed by the monarch (on the advice of the Prime Minister) and they take oaths of office and
secrecy before him. The ministers are accountable to the Parliament which means that they must
resign in case a vote of non-confidence is passed against them. The Prime Minister may submit his
resignation to the monarch whenever he so chooses and then advise the monarch to dissolve the
House of Commons in order to have the final verdict of the people in a general election.
Third, there are equally important conventions relating to the Parliament. The Parliament must meet
once a year at least. The House of Lords is not only the upper chamber of the British Parliament,
it is also the highest court of appeal in civil matters and when the House meets in a judicial
capacity, only 9 Law Lords sit. The Speaker of the House of Commons is a non-partyman and his
office is highly exalted. So goes the maxim that ‘once a Speaker, always a Speaker’. The Prime
Minister and his ministers can be removed by the House of Commons and not by the House of
Lords. A bill must be passed by both the Houses after three readings. The session of the Parliament
begins with the Speech from the Throne. The Army Act is passed every year. The ministers have
full regard to the will of the House of Commons in the conduct of foreign affairs, and do not
declare war or neutrality, or make peace or enter into important treaties without securing, as soon
as possible, endorsement by the Commons.
Last, there are some important conventions relating to the Common wealth of Nations which determine
the relationship between the monarch and his Parliament on the one hand and the member-states
on the other. In case there is a Dominion, the British monarch becomes the head of that State as
well and he acts on the advice of the ministers of that Dominion and not on the advice of British
ministers. The British Parliament cannot make law for a Dominion until so desired by the latter.
The monarch has his agent in the Dominions called the Governor-General who acts as his nominee,
but when present in a Dominion (as in Canada, Australia or New Zealand), the authority is
exercised by the monarch himself. That is why, it is commented that today the Queen of Britain is
at the same time the Queen of Canada or Australia acting through her Governor-General appointed
by her on the recommendation of the Parliament of the Dominion concerned. This is called
‘Dominion Status’. The membership of the Commonwealth of Nations is optional and, hence any
member-state may abandon the membership at its will. Then, a member of the Commonwealth of
Nations may be a Republic and thereby regard the British king as the ‘symbol of friendship’
instead of paying him final allegiance. It is also required by a convention that the members of the
Commonwealth of Nations meet in the annual conference under the chairmanship of the British
monarch and discuss matters of mutual concern and interest.

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