6 The Parliamentary System: Legislature and Executive

The Big Questions?

1. What is India’s parliamentary system, and how is it structured?

2. What are the key functions of the Parliament?

3. What are the roles of the legislature and the executive in India’s Parliamentary democracy?

4. How are the legislature and the executive organised at the union and state levels?

The Grade 8 students from Nalanda Vidyalaya were on a school trip to Delhi. Usha, Sukhwinder, Anjali, John, and Farida were especially excited to visit the new Parliament building.

INTRODUCTION

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. The government can therefore be seen as functioning with the people’s consent. There have been 17 Lok Sabhas since the first one in 1952. The 18th Lok Sabha was constituted in June 2024.

COMPOSITION OF THE PARLIUAMENT OF INDIA

The Indian Parliament is composed 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 structure with two houses is called a ‘bicameral’ system (‘bi’ means two, ‘cameral’ means chamber / house).

LET'S REMEMBER

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We are aware that several aspects of the Indian Constitution were drawn from the constitutions of other countries. Britain’s system inspired our system of Parliamentary democracy. However, there were also experiences that our freedom fighters and Constitution makers had ― the practical experience gained through participation in British colonial governance structures, even if in a very limited way, that provided familiarity with Parliamentary procedures; the memory of the ancient republics (mahājanapadas); the village panchayats where elders made collective decisions, as we learnt in a previous chapter.

Extensive discussions took place during the making of the Constitution regarding whether India should have a bicameral system. It was felt that a single directly elected House would be inadequate to meet the challenges independent India would face. In the spirit of ‘federalism’, it was felt that a Council of States, the Rajya Sabha, was needed. The composition and process of election to the Rajya Sabha were also designed to be different. India practices federalism, which is a form of government where power is distributed between the centre, states, as well as local governments. This system helps to keep the balance between national unity and local interests.

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.

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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 on the occasion of Indian Independence as a powerful symbol to mark the transfer of power. It is now placed near the Speaker’s chair in the new Lok Sabha, and served as a symbol of righteous and just rule. Dating back to the Chola period, the Sengol was handed to new rulers as a reminder that power must be guided by dharma and righteousness. At its top sits Nandi, symbolising justice.

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, and
• 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.

Let us now discuss the Legislative and Executive functions of the Parliament.

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:

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

We explore them briefly in the sections below.

1) Constitutional function

LET'S REMEMBER

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

1. a. Enabling parliamentary democracy through universal adult suffrage,
2. b. Following the separation of powers between the legislature, executive, and judiciary,
3. c. Ensuring federalism, and
4. d. 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. Given below is the journey of how a bill becomes an act, and ultimately a law, in the case of the Right of Children to Free and Compulsory Education Act, 2009 (RTE).

From bill to act – the process of lawmaking in the Parliament

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.

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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.

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4) Financial accountability

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

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

EXECUTIVE FUNCTIONS OF PARLIAMENT

We have uncovered a few points on the role of the executive in the previous sections. We look at this a little more closely now.

1) Constitutional function

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
• Advising the President
• Coordinating the work of different ministries
• 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.

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

THE JUDICIARY - ROLES OF CHECKS AND BALANCES

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.

In this chapter, we have explored how the organs within the Parliament balance making of the law and executing it, and how the Judiciary checks these actions. These are all examples 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.

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We will learn more about the Judiciary in a later chapter.

LEGISLATIVE AND EXECUTIVE FUNCTIONS AT THE STATE LEVEL

As discussed, 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 help to 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, in the case that 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.

Structure of State Legislatures

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.

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CHALLENGES TO THE EFFECTIVE FUNCTIONING OF THE STATE LEGISLATURES

As discussed, the Indian legislature (including the Parliament at the Centre and the State Assemblies) has the critical and 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.

Some of these can include regular absenteeism of members, non- cooperative 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 6 hours a day during sessions. This can be extended on special occasions or when there is a need to complete urgent business. The State Assemblies too, have similar schedules.

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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.

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Concerns have been expressed by sections of the society about the fact that a substantial proportion of their 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. These cartoons express them with humour, a practice common to all healthy democracies.

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 on matters of importance to society, participate in discussions through public debate on digital spaces that various government departments offer during policymaking processes, and constructively engaging 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.)

→ What message do you think this gives about the role of Parliament and leaders in a democracy? Why is it important to protect democratic values even when political power changes?

Before we move on …

→ India’s Parliamentary system ensures that power is shared, decisions are debated, and leaders are held accountable.

→ The Legislature makes laws, the Executive implements them, and the Judiciary ensures that they follow the Constitution.

→ The Parliament represents the voice of the people and reflects the federal spirit of our democracy.

→ Both at the Centre and in the states, structures are designed to balance representation, responsibility, and unity.

→ Checks and balances between institutions help protect citizens’ rights and uphold democratic values.

→ The functioning of the Parliament needs to become more efficient and productive so that the country’s progress is not thwarted.