The Common Law in India - College of Social Sciences and ...

The Indian Constitution 179head and the sovereign in Great Britain is apparent.Healthy conventions enabling the President to exercisethe weight and influence which should legitimatelybelong to the constitutional head of the Indian Unionhave started and will become established in courseof time as in the case of the monarch in England.It follows, therefore, that the executive power isin the Indian Constitution really vested in theMinisters or the Cabinet as in England. " The Cabinetenjoying, as it does, a majority in the legislatureconcentrates in itself the virtual control of both legislativeand executive functions; and as the Ministersconstituting the Cabinet are presumably agreed onfundamentals and act on the principle of collectiveresponsibility, the most important questions of policyare all formulated by them." 9 This fusion of theexecutive and the legislature, the responsibility ofgovernment lying with the Council of Ministers whoare in turn responsible to the legislature, is in substancea reproduction of the British Cabinet systemevolved in the course of years by English constitutionalprecedent.PARLIAMENTAs in England the Lower House is the predominantHouse. A Money Bill, which has in the Constitutionmuch the same meaning as in England, can be introducedonly in the House of the People. After aMoney Bill has been passed by the House of thePeople it is transmitted to the Council of States " for9 Rei Sahib Ram Jawaya Kaput v. The State of Punjab (1955)-i S.C.R. 2-25, 236-237.