The Parliamentary System: Legislature and Executive

Class 08 Social Science

India’s independence was achieved through great sacrifices by many people of the country after years of struggle against colonial rule. The citizens of a free country could now make decisions about their own governance.

The first important step in this new epoch in the life of our nation was the drafting of the Constitution of independent India. This comprehensive document laid foundational principles for the nation, including that of Universal Adult Franchise which guarantees all adult citizens of the country the right to vote irrespective of their social or economic background, gender, race, or religion.

The people of India directly elect their representatives who become members of the Lok Sabha. A majority group from among these elected representatives forms the government. The Parliament is the supreme legislative body of the government (it makes laws for the country). It comprises all elected representatives of the people and controls and guides the work of the government. Therefore, the government can be seen as functioning with the people’s consent.

Composition of the Parliament of India

The Indian Parliament is composed of the President and two houses: the Lok Sabha (House of the People or Lower House) and the Rajya Sabha (Council of States or Upper House). This structure with two houses is called a ‘bicameral’ system.

Function

Each House of the Parliament has a presiding officer to ensure that debates and discussions are conducted in an orderly manner. In the Lok Sabha, the members elect a speaker, who conducts the sessions, allows members to speak, maintains discipline, and ensures that rules are followed. The Rajya Sabha is presided over by the Vice President of India, who acts as its chairperson.

The ‘executive’ responsibility of the Parliament (i.e., ensuring that laws are implemented and enforced) is as important as its ‘legislative’ function (i.e., the making of laws). The Union Executive gives life to the legislative functions and power of the Parliament.

The Union Executive consists of the following members:

The President
The Vice President
The Council of Ministers headed by the Prime Minister

The Council of Ministers is chosen from among the MPs of both houses of Parliament. These ministers are collectively responsible to the Lok Sabha.

Legislative Functions of the Parliament

The Constitution lays down the key functions that the Parliament needs to fulfil. They can be broadly classified under the following heads:

Constitutional functions
Lawmaking
Executive accountability
Financial accountability

1. Constitutional Function

The Parliament is directly entrusted with upholding the core values of the Indian Constitution, including:

Enabling parliamentary democracy through universal adult suffrage,
Following the separation of powers between the legislature, executive, and judiciary,
Ensuring federalism, and
Upholding Fundamental Rights and Directive Principles of State Policy by framing laws and policies.

2. Lawmaking

Among the primary responsibilities of the legislature is to make laws. The Constitution has laid out an elaborate and rigorous process for lawmaking. A law is generally brought into force through an instrument called an act. A bill, which is a draft of a proposed law, is introduced in Parliament and goes through a long and effortful journey before it becomes an act.

3. Executive Accountability

The Prime Minister and the Council of Ministers are part of the Union Executive. They are:

primarily responsible for implementing and enforcing laws and overseeing the effective running of the government
take decisions regarding the day-to-day functioning of the government based on the principles laid out in the Constitution and its laws
answerable to the Lok Sabha, through mechanisms like the Question Hour which require ministers to justify their actions and decisions

The Question Hour in the Lok Sabha is a select period (typically the first hour of a Parliamentary session) where MPs can ask the ministers questions about government policies and activities. It is a process of the Parliament that holds the Executive ‘accountable’ (i.e., it must justify all actions and decisions). Special committees also hold meetings where ministries have to explain and answer questions about their policies. These committees may include MPs from different political parties.

4. Financial Accountability

The Parliament approves and monitors government expenditure through the annual budget, and examining the distribution of funds to different ministries.

Executive Functions of Parliament

1. The President

The President is the Head of State and the nominal head of the Executive. The Prime Minister and the Council of Ministers are responsible for running the government. The President appoints the Prime Minister and other ministers, summons the Parliament, and gives assent to bills, among other functions. The Council of Ministers aids and advises the President. However, in specific circumstances, the President can exercise discretionary powers, particularly during political crises, like when no party holds a clear majority in a Lok Sabha election.

2. The Prime Minister and the Council of Ministers

The Prime Minister is the de facto executive authority in India’s Parliamentary system. The President appoints the leader of the majority party or coalition in the Lok Sabha as the Prime Minister. The Prime Minister serves with the support of the majority of the MPs in the Lok Sabha.

The Prime Minister’s key functions include:

Leading the Council of Ministers
Coordinating the work of different ministries
Advising the President
Shaping national policies

The Prime Minister and the Council of Ministers take decisions and run the government. They are collectively responsible to the Lok Sabha. Most of the bills that come to the Parliament for discussion are initiated by the government.

A permanent group of officials, called ‘civil servants’, help in implementing laws and policies. These officers, often called administrators or bureaucrats, work under the direction of ministers and ensure that government departments function smoothly.

The Judiciary

The Judiciary is the branch of government that is responsible for interpreting and applying the laws of the land, including in specific cases of disputes. The Judiciary functions through a system of courts and plays a pivotal role in maintaining the democratic nature of society and governance.

The Judiciary acts as the custodian of the Constitution, ensuring that all branches of the government operate within the principles and parameters enshrined in the Constitution. It keeps a check on the effective functioning of society and institutions of the government by interpreting laws, resolving disputes, and safeguarding fundamental rights.

The Constitution not only describes how the Legislature and Executive are given power to govern the country, but it also lists the specific responsibilities of these organs. To ensure that the powers of the Legislature are used properly and responsibilities are followed, the Judiciary is given the unique and critical responsibility of checking that the laws passed by Parliament have not violated the Constitutional framework.

Similarly, if a violation of the Constitution occurs when the laws are implemented by the Executive, the Judiciary again has the power to step in. Just as the Parliament functions through its Legislature and the Executive arms, the Judiciary functions through its Courts.

State Level

Each state has its own legislature and executive, called its ‘State Assembly’. Just as the Parliament has Members of Parliament (MPs) who make laws, there are Members of Legislative Assembly (MLAs) who formulate laws on subjects that are on the ‘State List’ and on the ‘Concurrent List’.

Unlike the Centre, the State legislatures can be ‘unicameral’ (having only one house) or ‘bicameral’ (having two houses). The legislative assembly is called the Vidhan Sabha, and the legislative council (the upper house) is called the Vidhan Parishad. The states having a bicameral system are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh, while the remaining states have a unicameral system.