Cabinet system under the British constitution/ nature and functions of cabinet in England LLB Notes

 Cabinet system under the British constitution/ nature and functions of cabinet in England;

Introduction;-

              The cabinet is the core of the British Parliamentary form of government and is its chief guiding authority. Cabinet has been rightly described as the “Glory of the Constitution”. According to Murray the cabinet is a term recognised by convention to describe the group of ministers chosen by the Prime Minister who are collectively responsible for formulating policy and controlling the departments subject to parliamentary approval.

Evolution of Cabinet System;-

            Originally cabinet was committee of the privy counsel which became too large for administration work. The cabinet is called the child of privy council. King Charles –II (1660-85) began to consult a small group of privy councilors in matter of state. In the reign of Charles-II the cabinet acquired a formal shape. The cabinet system further developed during the reign of William-III and Queen Anne.

Nature of the British Cabinet;-

         The cabinet is a body unrecognized by law. Its existence is only customary, i.e. based on custom or conventions.

Composition of British Cabinet;-

 The cabinet is the driving force of the administration. At the end of the general elections the king or queen invites the leader of the majority party in the house of common who then become the prime minister and crown asks him to form the cabinet. He then submits the list of the ministers to the king or queen who formally approves it and then the cabinet personnel is announced in the gazette.

Features of the Cabinet System;-

       England has got a parliamentary government where the king is a nominal and constitutional head of the executive. The real powers are exercised by the parliament. There are certain essential features according to which the cabinet system is being carried on. The important features of the cabinet system of Great Britain are. .

1)Exclusion of the King from Cabinet;-

             The Queen of King does not attend the cabinet meeting. It has become constitutional convention.

2)Leadership of the Prime Minister;-

  The Prime Minister plays dominant role in cabinet. The cabinet is formed by the Prime Minister. He is the keystone of the cabinet arch.

3)Secrecy;-

         The meetings of the cabinet are secret and private. Every member of cabinet takes the oath of secrecy. The discussion is not disclosed in the public.

4) No Legal Status;-

        The British cabinet has no legal status. There is no mention of cabinet in the written part of the constitution. The cabinet is called the child of the conventions.

5)Ministerial Responsibility;-

    The cabinet members are responsible to the house of commons individually as well as collectively and they are liable to law for their acts.

6) Unity of Cabinet;-

        Unity of cabinet is the outstanding features of British cabinet system. The cabinet always acts as unit. They are supposed to face the House with one voice.

7)Collective responsibility;-

        The members are collectively responsible. The result is that all the member’s works as a team. The cabinet stands or falls together as a unit.

Function of the British Cabinet;-

       Following are the important functions of the British Cabinet.

• Policy Determining (Shaping, formative) Functions;-

            The cabinet is policy formulating body. The cabinet discusses and decides all sort of national and international problems. The cabinet decides the measures which are to received priority.

• Executive Function;-

               In England cabinet is the real executive. The cabinet formulates the general policy of the government. It determines the foreign policy of the government and decides measures for the war and peace. All important appointments are made by the cabinet.

•  Legislative Functions;-

            The cabinet controls the legislative activities. Following are the main legislative functions.

 (1)        The parliament is summoned on the advice of the cabinet by the king.

 (2)        The speech of the king in parliament is prepared by the cabinet.

(3)        The cabinet explains all bills which are to be passed in the parliament.

(4)        The cabinet guides the leader of house in the parliament.

•  Financial Function;-

 The cabinet plays important role in this regard. It prepares the budget for the country and is responsible for the whole expenditure of the stock.

•  Judicial Functions;-

    Following are the judicial function of the British Cabinet.

(1)        The judges of important courts are appointed on the advice of cabinet by the king.

(2)        The rules and regulation for judiciary are prepared by the cabinet.

(3)        The power of pardon, reprieve and respite is exercised by the king on the advice of the cabinet.

Conclusion;-

    At the end we can say that the working of the cabinet system in England is a process of slow growth and evolution. Prime Minister is the head of the cabinet who forms his cabinet, under the order of the king, among the member of the parliament cabinet exercises large powers in almost every sphere (filed, subject, area) of governance.