Page 211 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Comparative Politics and Government

Notes 3. determination of crimes and misdemeanours as well as the penalties imposed therefor; criminal
procedure, amnesty ; the creation of new judicial systems, and the status of magistrates ;
4. the basis, the rate and the methods of collecting taxes of all types, the issuance of currency;
5. the electoral system of the parliamentary’ assemblies and the local assemblies;
6. the establishment of categories of public institutions;
7. the fundamental guarantees granted to civil and military personnel employed by the state; and
8. the nationalisation of enterprises and the transfer of property of enterprises from the public to
the private sector.
To the second category belong a number of items where the Parliament can make laws determining
the general principles regarding their organisation. These are:
1. General organisation of the national defence;
2. Free administration of local communities, the extent of their jurisdiction and their resources:
3. education;
4. property rights, civil and commercial obligations ;
5. legislation pertaining to employment, unions and social security;
6. laws pertaining to national planning determining the objectives of the economic and social
action of the state.
The Constitution makes a distinction between the two types of laws by specifying that in regard to
the first the Parliament lays down underlying ‘general principles’ and also determines the details of
their application ; in regard to the second category, it confines only to the enunciation of ‘fundamental
principles’ without going into the details. It may be pointed out that the distinction between the ‘law’
and the” ‘rule-making’, as designed here, is a very perplexing affair and the scope of one seems to
overlap that of the other. It is also laid down in the Constitution that the enumeration of the legislative
power can be enlarged by means of an organic law only.

What is the difference between general and functions Principles?

Apart from legislative powers, the Parliament exercises control over the Government. Both houses
may ask questions from the Ministers and may go to the length of accusing the Prime Minister of
various ‘crimes of commission and omission.’ However, the right of censuring the Government is
with the National Assembly alone. It is provided that at least 1/10 members of the Assembly may
sign a notice of moving a censure motion. After the lapse of at least 48 hours of the tabling of the
motion, the debate shall take place and in case the motion is carried through by absolute majority of
the Assembly, the Government will have to resign. This is the most specific way of throwing out the
Government. However, the Government must resign in case a vote of confidence (tabled by it) is not
adopted by simple majority, or when the Bill staked with confidence in the Government at the initiative
of the Prime Minister falls through after a motion signed by at least 1/10 members of the Assembly is
adopted by the absolute majority of the house. In order to prevent the indignant members of the
Assembly from misusing their weapon of control over the Government (as happened till 1958), it has
been provided that the same signatories cannot introduce another censure motion against the
Government during the rest of the session if their motion falls, though this restriction is not applicable
to a situation where the Prime Minister stakes the life of his Government with the passage of a bill. To
keep the Government safe from the hazards of responsibility to the Parliament, it has also been
provided that while simple majority is required to save the Government, absolute majority is needed
for causing its fall.
Finally, the Parliament has been given some power to exercise supervision over the President. It is
laid down in the Constitution that the President, before making his declaration of the state of emergency
or dissolution of the National Assembly, shall consult the Presidents of the two houses. It is also

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