The Parliamentary System: Legislature and ExecutiveClass 8 Social Science Notes

The Parliamentary System: Legislature and Executive

The Constitution is more than just a legal document; it is a living framework that evolves with the times.

Introduction

India's independence was achieved through the sacrifices of countless people who struggled against colonial rule for many years. As a free country, India could now make its own decisions about how to govern itself. The first crucial step was creating the Constitution of independent India. This document established fundamental principles for the nation, including Universal Adult Franchise, which guarantees all adult citizens the right to vote, regardless of their background.

The people of India directly elect representatives who become members of the Lok Sabha. The majority group from these elected representatives forms the government. The Parliament is the highest law-making body in India. It includes all elected representatives and oversees the work of the government, which functions with the people's consent. Since 1952, there have been seventeen Lok Sabhas. The 18th Lok Sabha was formed in June 2024.

Composition of the Parliament of India

The Indian Parliament consists of the President and two houses: the Lok Sabha (House of the People/Lower House) and the Rajya Sabha (Council of States/Upper House). This two-house structure is called a bicameral system.

Let's Remember

The people of India directly elect their representatives to the Lok Sabha through direct elections, based on universal adult suffrage. The Constitution sets the maximum number of members in the Lok Sabha at 550. Members of Parliament (MPs) in the Rajya Sabha are elected indirectly by an electoral college. The number of Rajya Sabha seats and the number of MPs in the Lok Sabha are based on the population of each state.

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The Indian Constitution borrows ideas from other countries, including the parliamentary democracy of Britain. India's freedom fighters and Constitution makers also gained practical experience through limited participation in British colonial governance. In addition, there was the memory of ancient republics (mahājanapadas) and village councils (panchayats) where elders made collective decisions.

There were extensive debates during the making of the Constitution about whether India should have a bicameral system. People felt that a single directly elected House would not be enough to meet the challenges facing independent India. In the spirit of federalism, it was decided that a Council of States, the Rajya Sabha, was necessary. The composition and election process for the Rajya Sabha were designed to be different. India practices federalism, a system where power is divided between the central government, state governments, and local governments. This system balances national unity with local interests.

Function

Each House of Parliament has a presiding officer to ensure orderly debates and discussions. In the Lok Sabha, members elect a Speaker who conducts sessions, allows members to speak, maintains discipline, and ensures rules are followed. The Vice President of India presides over the Rajya Sabha as its chairperson.

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Sceptre: A decorated rod carried by a king or queen during ceremonies as a symbol of power.

The Sengol, a gold-plated, silver sceptre, was symbolically handed over to Pt. Jawaharlal Nehru, the first Prime Minister of India, on 14 August 1947, during Indian Independence, symbolizing the transfer of power. It is placed near the Speaker's chair in the new Lok Sabha as a symbol of righteous and just rule. Dating back to the Chola period, the Sengol was given to new rulers as a reminder that power must be guided by dharma and righteousness. Nandi, symbolizing justice, sits at its top.

To make Parliamentary discussions accessible, translation services are provided in multiple Indian languages. Initially, simultaneous interpretation was available in twelve languages: Hindi, English, Assamese, Bengali, Gujarati, Kannada, Malayalam, Marathi, Odia, Tamil, Punjabi, and Telugu. Recently, six more languages were added: Bodo, Dogri, Maithili, Manipuri, Urdu, and Sanskrit. More languages are expected to be added in the future.

The executive responsibility of Parliament (implementing and enforcing laws) is as important as its legislative function (making laws). The Union Executive gives life to the legislative functions and power of Parliament and includes:

• 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 and is collectively responsible to the Lok Sabha.

Legislative Functions of the Parliament

The Constitution outlines the key functions of Parliament, which can be classified under:

1. Constitutional functions
2. Lawmaking
3. Executive accountability
4. Financial accountability

1) Constitutional Function

Let's Remember

Some Constitutional functions of the Parliament include the election of the President and Vice President, as well as amendments to the Constitution.

The Parliament is 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
• Upholding Fundamental Rights and Directive Principles of State Policy by framing laws and policies

2) Lawmaking

One of the primary responsibilities of the legislature is to make laws. The Constitution has a detailed process for lawmaking. A law is generally enacted through an act. A bill, a draft of a proposed law, is introduced in Parliament and goes through a long process before becoming an act.

The origins of RTE lie in the Directive Principles of State Policy of the Indian Constitution. The Constitution makers wanted it implemented within a decade after Independence, but it didn't happen, leaving countless children without access to education.

In the early 1990s, someone argued in court that RTE was inherently part of the Fundamental Rights in the Constitution, namely, the Right to Life, as education is important to lead a meaningful life. Parliamentary action began with the introduction of the 86th Constitutional Amendment Act, 2002, which mandated, as Article 21 A of the Constitution, that the state shall provide free and compulsory education to all children between the ages of six and fourteen years.

Six years later, RTE was tabled as a bill in the Rajya Sabha. A committee studied it thoroughly and suggested modifications. The major debate concerned funding, as new schools, infrastructure, and teachers for millions of children would be costly. By 2008, the MPs determined it was time.

After the 2009 elections, the new government pursued the matter, and in August 2009, RTE was passed in the Lok Sabha and received the President's assent, becoming an Act. Today, RTE has enabled the creation of legal pathways for children to attend school, facilitated new school construction, and ensured free books and uniforms for children.

Reading: The origins are in the British Parliament. Many MPs were illiterate, so a clerk would read out the contents of the bill for the MPs to discuss. Today MPs read the bill before the discussions take place.

Clause: These are parts of a bill that explain the specific details of the bill; eg. RTE defines the age group to which it applies (6 to 14 years).

Gazette: This is an official government publication that announces legal documents and official information.

Standing Committee: It is a permanent committee consisting of MPs (the MPs may change, but the committee as a structure remains) that scrutinises government activities, makes recommendations and asks questions on actions taken by the government.

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Some types of bills have to be tabled only in the Lok Sabha. One example is a Money Bill, concerned with financial matters such as taxation and government borrowing. It can only be introduced in the Lok Sabha, with the prior recommendation of the President.

3) Executive Accountability

The Prime Minister and the Council of Ministers are part of the Union Executive and 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 requires ministers to justify their actions and decisions. The Question Hour is a select period where MPs can ask ministers questions about government policies and activities, holding the Executive accountable. Special committees also hold meetings where ministries explain and answer questions about their policies, including MPs from different political parties.

Parliament isn't always formal. Sometimes, poetry and humor are used!

4) Financial Accountability

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

The government must provide the necessary information to Parliament in a timely and accurate manner.

Executive Functions of Parliament

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Part V of the Indian Constitution begins with Chapter I, "The Executive," which looks at the roles and responsibilities of the President, Vice President, and Council of Ministers. Chapter II lists the role and 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. 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, who 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 make decisions and run the government and 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.

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In 1956, Railway Minister Lal Bahadur Shastri resigned after a train accident. Although he was not blamed, he believed that a minister must take moral responsibility for anything that happens in their ministry. He offered his resignation to Prime Minister Nehru, who declined at first, but Shastri insisted, and his resignation was accepted.

Differences Between the Legislature and the Executive

The Judiciary - Role of Checks and Balances

The Judiciary is the branch of government responsible for interpreting and applying the laws of the land, including in specific cases of disputes. It functions through a system of courts and plays a vital role in maintaining democracy. 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 government institutions by interpreting laws, resolving disputes, and safeguarding fundamental rights.

The Constitution describes how the Legislature and Executive are given power to govern and lists their specific responsibilities. To ensure that the powers of the Legislature are used properly, the Judiciary is responsible for 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 can step in. The Judiciary functions through its courts.

This is an example of the separation of powers and the system of checks and balances among the Legislature, the Executive, and the Judiciary, ensuring that no one organ becomes too powerful.

Legislative and Executive Functions at the State Level

The Union Government has a Parliament with legislative and executive functions. Similarly, 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.

Union List, State List, and Concurrent List

The Constitution has lists that clarify the areas on which the Union and State governments can exclusively legislate, called the Union List and the State List, respectively. There is also a Concurrent List that has subjects on which both the Union and State governments can legislate. However, if the Union government legislates on a subject in the Concurrent List, the state government is bound to follow it. In the case of RTE, for example, the Act is applicable all over India even though education is in the Concurrent List.

Parallel Structure of Union and State Governments in India

The structure at the state level mirrors the one at the union level.

Structure of State Legislatures

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.

Challenges to the Effective Functioning of the Legislatures

The Indian legislature (including the Parliament at the Centre and the State Assemblies) has the vital role of enacting laws, overseeing administrative processes, and approving the budget. It also provides a platform for discussing national policies, development plans, international relations, and addressing public grievances. However, the legislature also faces several challenges in its effective functioning.

Productivity: In the Parliamentary context, productivity is measured by the number of hours either the Lok Sabha or Rajya Sabha actually functioned against the time it was scheduled to.

Some of these can include regular absenteeism of members, noncooperative conduct or communication of members, reduced quality of important debates, and disruptions of the Question Hour.

The Parliament typically meets three times a year. These meetings are called sessions - Budget Sessions, Monsoon Sessions, and Winter Sessions. Each of these has sittings, where the Parliament meets to deliberate upon proposed laws, discuss important matters of governance, and seek explanations from the Executive on its decisions and actions. Usually, the Parliament sits for six hours a day during sessions, which can be extended when needed. State Assemblies have similar schedules.

The Parliament and the State Assemblies have been envisioned as spaces for thoughtful debates and discussions where laws are made in the interest of the people. However, when debates are disrupted, sessions are cut short, and some bills take years to be discussed and passed, it becomes a matter of concern.

Concerns have been expressed about the fact that a substantial proportion of representatives in the Lok Sabha have criminal cases against them and that many sessions are marked by angry or biased debates that do not seriously address issues affecting the people.

The media also plays an important role in communicating the concerns of the electorate.

Yet, our democracy grows stronger when citizens stay informed and engaged. By asking questions, sharing their views, and participating in public discussions, people help shape better policies. Therefore, one of the best ways to overcome the challenges India faces regarding its legislature is to ensure that many more citizens stay informed, participate in discussions through public debate on digital spaces that various government departments offer during policymaking processes, and constructively engage with political representatives on policies.

Many more young leaders and diverse voices are entering public life, and technology is making it easier to stay connected and involved with governance. As future voters, your choices and participation will play a key role in strengthening our Parliament and the assembly of the state you belong to, ensuring that they truly serve all people.

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Atal Bihari Vajpayee, a former Prime Minister of India, said during a speech in the Lok Sabha, "Sarkaarein aayengi, jaayengi. Paartiyaan banengi, bigadengi. Lekin yeh desh rehna chaahiye, is desh ka loktantra amar rehna chaahiye." (Governments will come and go, parties will rise and fall. But the nation must endure, and its democracy must live on.)

This emphasizes the importance of protecting democratic values even when political power changes.