French System of government and its comparison with India

France is a unitary republic state with written constitution. It adopted the quasi/semi-presidential system in 1958 to strike a balance between stability and democracy, drawing lessons from the collapse of its earlier parliamentary republics and avoiding the risks of a pure presidential regime.

Historical Context

• • Third Republic (1870–1940): Purely parliamentary but extremely weak executive and over 100 governments in 70 years.
  • Fourth Republic (1946–1958): Again parliamentary, with weak PM and fragmented party system. Failed to handle crises like Algerian War of Independence.
  • Algerian Crisis of 1958: Political chaos forced return of Charles de Gaulle, who demanded a stronger executive.

Need for Balance

• • France did not want a US-style presidential system (fear of dictatorship).
  • Nor a British-style parliamentary system (fear of weak executive).
  • Solution = Hybrid (Quasi System) → Balance between President and PM.

Features of the Quasi System

• • Directly elected President (since 1962) with strong powers → foreign policy, defense, dissolution of Assembly.
  • PM + Council of Ministers responsible to the National Assembly → ensures parliamentary accountability.
  • Cohabitation possibility → when President and Assembly majority differ, PM takes charge of domestic policy.
  • Result = dual executive, flexible balance of power.

Evaluation

• • Has provided greater stability than previous republics.
  • But also produced tensions during cohabitation (e.g., 1986–88, 1997–2002).
  • Still seen as a successful “middle path” between parliamentary instability and presidential authoritarianism.

The political executive

The President

The President of France is elected under the Fifth Republic Constitution (1958, amended 1962 & 2000) through a direct popular vote.

1. Election Method:  The system used is the two-round majority system namely

• • • First Round: All eligible candidates contest. If one candidate gets>50% of valid votes, they win outright.
    • Second Round: If no one crosses 50%, thetop two candidates face each other in a runoff (after two weeks). The candidate with more votes wins.

2. Term:

• • Originally: 7 years but reduced in 2000 to 5 years to align presidential and legislative cycles, reducing chances of “cohabitation.”
  • Renewable (no lifetime limit, but cannot serve more than two consecutive terms).

3. Eligibility: Must be a French citizen. At least 18 years old (reduced from 23 in 2011).

4. Electoral Body: All French citizens registered to vote, including those overseas.

5. Example:  2022 Presidential Election

• • 1st round: Emmanuel Macron (27.8%) vs Marine Le Pen (23.1%).
  • 2nd round: Macron re-elected with 58.5% of votes.

The Prime Minister

Constitutional Provision: Article 8 of the French Constitution (1958): “The President of the Republic shall appoint the Prime Minister. He shall terminate the appointment of the Prime Minister when the latter tenders the resignation of the Government.”

Process in Practice

1. The Assembly majority (party/coalition) is crucial in determining who can be Prime Minister.

2. The President of France appoints the Prime Minister.

3. By convention, the President chooses someone who can command a majority in the National Assembly.

4. After appointment, the new government presents its program to the National Assembly.

5. If the Assembly rejects it through a motion of no confidence, the PM must resign.

Special Situation – Cohabitation

• • If the President’s party does not control the Assembly, the President is forced to appoint a PM from the opposition majority. This is called“cohabitation.”
    • Example: President Jacques Chirac (right) had to appoint Socialist Lionel Jospin as PM (1997–2002).

Tenure & Removal

• • The PM continues as long as:
    • (a) he/she enjoys majority support in the Assembly, and
    • (b) the President does not demand resignation.
  • The National Assembly can bring down the PM through a motion of censure (no confidence) under Article 49 of the Constitution.

This creates a dual executive system:

• • President→ head of state, foreign affairs, defense.
  • PM→ head of government, domestic and economic policy.
  • Unique feature-Cohabitation when President and PM are from different parties.

THE COUNCIL OF MINISTERS

• • In France, the head of the Council of Ministers is the President of the Republic.
  • President is Head of the Council of Ministers, while the Prime Minister is head of government operations.
  • PM is a member CoMs. The Council of Ministers is formally presided over by the

Election of the French National Assembly (Lower House)

1. Composition: 577 members

2. Election Method

• • System:Two-round system in single-member constituencies (like a modified FPTP).
  • First Round: Candidate wins outright if they secure>50% of votes cast AND at least 25% of registered voters.
  • Second Round:
    • If no candidate qualifies, a runoff is held a week later.
    • Any candidate with at least5% of registered voters’ support can contest.
    • In practice, usually thetop 2 candidates go to the second round, though 3-way contests sometimes occur.
    • Candidate with the most votes in 2nd round wins

3. Term: 5 years (synchronized with presidential term since 2000). Assembly can be dissolved early by the President (Article 12 of 1958 Constitution).

Comparison with India:

• • India: Lok Sabha elected viaFirst-Past-the-Post (FPTP), single round.
  • France: National Assembly elected viatwo-round runoff system, giving more room for alliances and reducing fragmentation.

Relationship between President and PM: India vs France

India (Parliamentary System)

1. Nominal vs Real Executive

• • • President = Nominal head of state (ceremonial).
    • PM = Real executive, head of government.

2. Appointment

• • • President appoints PM but bound by convention → leader of Lok Sabha majority.

3. Working Relationship

• • • President acts onaid and advice of the PM and Council of Ministers (Article 74).
    • PM is the pivot of executive decision-making.

4. Balance of Power

• • • PM dominates; President is more symbolic (except during crises likeHung Parliament where discretion applies).

France (Semi-Presidential System)

1. Dual Executive

• • • President = Powerful head of state (foreign affairs, defense, national security).
    • PM = Head of government (domestic & economic policy, administration).

2. Appointment

• • • President appoints PM (Article 8).
    • Must enjoy majority support in the National Assembly.

3. Working Relationship

• • • If President’s party controls Assembly → PM acts subordinate, executing President’s agenda.
    • If opposition controls Assembly →Cohabitation → PM dominates domestic policy, President restricted mainly to foreign affairs.

4. Balance of Power

• • • Flexible; shifts based on political alignment.
    • President is structurally stronger, but Assembly majority can empower PM.

 

Aspect	India	France
System	Parliamentary	Semi-Presidential
Head of State	President (ceremonial)	President (powerful, especially in foreign affairs/defense)
Head of Government	PM (real executive authority)	PM (domestic/economic), but secondary if President has Assembly majority
Aid & Advice	President bound by PM’s advice (Art. 74)	PM must balance Assembly majority & President’s authority
Balance	PM clearly superior	Power balance varies: President-dominant vs Cohabitation
Stability	Stable, since PM derives authority directly from majority	Variable, can swing with Assembly elections

Conclusion

• • In India, the relationship is hierarchical and settled: PM dominates, President is bound by advice.
  • In France, it is dynamic and context-dependent: President may dominate, but cohabitation can tilt power toward PM.
  • Thus, while India reflects aclassic parliamentary supremacy of the PM, France represents a fluid dual executive model.

Comparison between French and Indian PM

The French system is semi-presidential (the Fifth Republic), which gives the President significant powers, but the Parliament is sovereign in law-making, so veto powers are limited.

a) Request for Reconsideration (Article 10 of the Constitution)

• • The President cannot outright veto a law.
  • However, after the Parliament passes a law, the President can request Parliament to reconsider the law or specific provisions before promulgation.
  • This is sometimes called a “suspensive veto” because it delays, rather than blocks, the law.

b) Referral to the Constitutional Council (Article 61)

• • The President can send the law to the Constitutional Council to check its constitutionality before signing it.
  • If the Council finds parts of the law unconstitutional, those parts cannot be enacted.
  • This is a key way the President can “veto” indirectly.

c) Referendum (Article 11)

• • The President can also submit certain laws to a national referendum, bypassing Parliament if he chooses, which is a political check rather than a legal veto.

2. Comparison with the U.S. or India

• • Unlike the U.S. President, the French President cannot refuse to sign a law permanently.
  • Unlike India, where the President can return a bill (except money bills) once for reconsideration, in France, the President must act within strict limits and cannot amend the law—he can only delay or refer it to the Constitutional Council.

Key Difference from India:

• • In India, thePresident is indirectly elected by an Electoral College (MPs + MLAs).
  • In France, thePresident is directly elected by citizens, giving them strong popular legitimacy → a key reason why the French President is more powerful than India’s President.

The French President does not have an absolute veto, only a limited suspensive veto and powers to challenge constitutionality.

Prime Minister in India vs France

Aspect	India (Parliamentary System)	France (Semi-Presidential System, Fifth Republic)
Basis of Appointment	PM is appointed by the President of India, but must be the leader of the majority party/coalition in Lok Sabha.	PM is appointed by the President of France under Article 8 of the 1958 Constitution.
Source of Legitimacy	Directly from majority in Lok Sabha (lower house of Parliament).	From dual legitimacy: appointed by President but must command support of the National Assembly.
Elections Influence	Lok Sabha elections decide who becomes PM (leader of ruling coalition).	Legislative elections (National Assembly) influence PM’s position; presidential elections influence who appoints him.
Confidence of House	PM + Council of Ministers are collectively responsible to Lok Sabha (can be removed by no-confidence motion).	PM + Government responsible to National Assembly (can be removed by motion of censure).
Role of President	Mostly ceremonial in PM’s selection, bound by convention to invite majority leader.	Active role: President chooses PM, but constrained by Assembly majority → can lead to cohabitation.
Cohabitation Possibility	No (since parliamentary majority directly decides PM).	Yes, if President and Assembly majority are from different parties (e.g., Chirac–Jospin, 1997–2002).
Tenure of PM	As long as enjoys majority in Lok Sabha.	As long as enjoys majority in Assembly and confidence of President (political convention).
Nature of Executive	Collective parliamentary executive; PM is primus inter pares (first among equals).	Dual executive: President (foreign affairs, defense) + PM (domestic & economic policy).

• • In India, the PM is the central authority, symbolizing parliamentary supremacy and collective responsibility.
  • In France, the PM is a balancing figure, whose power varies depending on political alignment with the President and Assembly majority.
  • Thus, while India reflects a parliamentary executive, France illustrates the flexible dynamics of a semi-presidential system.

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