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.
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.
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.
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.
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.
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.
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 Council of Ministers is chosen from among the MPs of both houses of Parliament and is collectively responsible to the Lok Sabha.
The Constitution outlines the key functions of Parliament, which can be classified under:
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:
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.
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.
The Prime Minister and the Council of Ministers are part of the Union Executive and are:
Parliament isn't always formal. Sometimes, poetry and humor are used!
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.
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.
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.
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:
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.
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.
| Aspect | Legislature | Executive |
|---|---|---|
| Composition | The Parliament of India is the supreme legislative body, composed of the President, the Lok Sabha, and the Rajya Sabha. | The Executive is composed of the President, the Vice President, and the Council of Ministers headed by the Prime Minister. |
| Main Role | Making laws and overseeing the work of the Executive | Enforcing the laws made by the Legislature |
| Functions | Can introduce some bills in the Parliament | Most of the bills are introduced by the Executive in the Parliament |
| Keeps a check on the activities of the Executive by asking questions and seeking explanations | Provides information and explanations to the Legislature on its decisions and actions. Aids and advises the President. | |
| Sanctions all government-related expenses | Prepares and implements the budget approved by Parliament. | |
| Consults different Parliamentary committees | Can function independently in day-to-day matters and may consult committees when required. |
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.
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.
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.
The structure at the state level mirrors the one at the union level.
| Feature | Union Government | State Government |
|---|---|---|
| Constitutional Head | The President of India elected by an electoral college | Governor of the State appointed by the President |
| Term of Office (Head) | 5 years | 5 years |
| Executive Head | The nominal head is the President, but the Prime Minister is the de facto executive authority | The nominal head is the Governor, but the Chief Minister is the de facto executive authority |
| Selection of Executive | Leader of majority party/coalition in Lok Sabha | Leader of majority party/coalition in Vidhan Sabha |
| Council of Ministers | Selected by Prime Minister | Selected by Chief Minister |
| Responsibility | Collectively responsible to Lok Sabha | Collectively responsible to Vidhan Sabha |
| Legislature Structure | Bicameral - Lok Sabha and Rajya Sabha | Can be unicameral (Vidhan Sabha only) or bicameral (Vidhan Sabha and Vidhan Parishad) |
| Lower House | Lok Sabha (House of the People) | Vidhan Sabha (Legislative Assembly) |
| Upper House | Rajya Sabha (Council of States) | Vidhan Parishad (Legislative Council) - in some states only |
| Term of Lower House | 5 years | 5 years |
| Presiding Officer (Lower House) | Speaker | Speaker |
| Legislative Powers | Makes laws on subjects in Union List and Concurrent List | Makes laws on subjects in State List and Concurrent List |
| Financial Powers | Money bills originate only in Lok Sabha | Money bills originate only in Vidhan Sabha |
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.
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.
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.
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