Legislature and Executive

1. Setting the scene — why a Parliament?

India's independence came after years of sacrifice and struggle against colonial rule. The first big step for the free nation was drafting the Constitution of India — the document that lays down the foundational principles of governance. One key principle is Universal Adult Franchise: every adult citizen has the right to vote, regardless of their social or economic background, gender, race or religion.

The people directly elect their representatives, who become members of the Lok Sabha. The majority group among these elected representatives forms the government. The Parliament is the supreme legislative body — it makes laws, and it controls and guides the work of the government, so the government always functions 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. The old Parliament building (now Samvidhan Sadan) was built in the 1920s; a new Parliament building (Sansad Bhavan) — three-sided, eco-friendly, decorated with art from across India — was opened to handle growing needs.

2. Composition of the Parliament

The Indian Parliament is composed of three parts:

• The President of India,
• The Lok Sabha — House of the People / Lower House,
• The Rajya Sabha — Council of States / Upper House.

Because there are two houses, this is called a bicameral system (bi = two, cameral = chamber/house).

Why two houses? During the making of the Constitution there were extensive debates. A single elected House was felt to be inadequate for a large, diverse country. In the spirit of federalism, a Council of States — the Rajya Sabha — was added to represent the states. India practises federalism: power is shared between the centre, the states and local governments, keeping a balance between national unity and local interests.

Roots: Britain's system inspired our parliamentary democracy, but our freedom fighters also drew on India's own traditions — the ancient republics (mahajanapadas) and village panchayats where elders made collective decisions.

3. Presiding officers and working of the Houses

Each House has a presiding officer to keep debates orderly:

• Lok Sabha: members elect a Speaker, who conducts sessions, allows members to speak, maintains discipline and ensures rules are followed.
• Rajya Sabha: presided over by the Vice President of India, who acts as its chairperson.

To make debates accessible, simultaneous translation is provided in many Indian languages (earlier 12 — Hindi, English, Assamese, Bengali, Gujarati, Kannada, Malayalam, Marathi, Odia, Punjabi, Tamil, Telugu; recently six more — Bodo, Dogri, Maithili, Manipuri, Urdu, Sanskrit).

4. The four functions of the Parliament (Legislative side)

The Constitution lays down the key functions of the Parliament, grouped under four heads:

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

(1) Constitutional function. The Parliament upholds the core values of the Constitution: enabling parliamentary democracy through universal adult suffrage; following separation of powers between legislature, executive and judiciary; ensuring federalism; and upholding Fundamental Rights and the Directive Principles of State Policy by framing laws and policies. It also elects the President and Vice President and amends the Constitution.

(3) Executive accountability. The PM and Council of Ministers are answerable to the Lok Sabha. The main tool is the Question Hour — usually the first hour of a session — where MPs ask ministers about government policies and actions, forcing them to justify their decisions. Special committees may also question ministries, and can include MPs from different parties.

(4) Financial accountability. Parliament approves and monitors government spending through the annual budget, examining how funds are distributed to different ministries. Why keep this watch? Because the government spends public money — the people's money — so Parliament must ensure it is used properly.

5. Lawmaking — how a bill becomes a law

A bill is a draft of a proposed law that must be approved by Parliament before it can be enacted into law. A law is brought into force through an instrument called an act. NCERT traces the journey using the Right of Children to Free and Compulsory Education Act, 2009 (RTE).

Key words: Reading — origin in the British Parliament where a clerk read out the bill for (often illiterate) MPs; today MPs read it themselves before debate. Clause — a part of a bill explaining specific details (e.g. RTE's clause fixing the age group 6–14 years). Gazette — the official government publication announcing legal documents.

6. The Executive — President, Vice President, PM & Council of Ministers

Making laws is only half the story. The 'executive' responsibility — ensuring laws are implemented and enforced — is just as important as the legislative function. The Union Executive consists of:

• 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 and is collectively responsible to the Lok Sabha.

(1) The President is the Head of State and the nominal head of the Executive. The President appoints the Prime Minister and other ministers, summons Parliament, and gives assent to bills. Normally the Council of Ministers aids and advises the President. But in special situations (e.g. when no party has a clear majority after a Lok Sabha election) the President can use discretionary powers.

(2) The Prime Minister is the de facto (real) executive authority. The President appoints the leader of the majority party or coalition in the Lok Sabha as PM; the PM serves with the support of the majority of MPs. The PM's key functions: leading the Council of Ministers, coordinating the work of different ministries, advising the President, and shaping national policies.

The PM and Council of Ministers take decisions and run the government; most bills are initiated by the government. A permanent group of officials called civil servants (administrators / bureaucrats) help implement laws under the ministers' direction.

7. Legislature vs Executive — the key difference

This is the heart of the chapter. Both exist within Parliament, yet do different jobs:

If the Executive is itself part of the Legislature (ministers are MPs), how can we say there is separation of powers? Because the functions are kept separate — the Legislature checks the Executive, and the Executive must answer to it.

8. The Judiciary — checks and balances

The Judiciary is the branch responsible for interpreting and applying laws and settling disputes, working through a system of courts. It is the custodian of the Constitution: it checks that laws passed by Parliament do not violate the Constitution, and that the Executive does not break it while implementing laws. It also safeguards Fundamental Rights.

Just as the Parliament works through its Legislature and Executive arms, the Judiciary works through its Courts. Together, the Legislature, Executive and Judiciary form a system of separation of powers and checks and balances so that no single organ becomes too powerful.

9. Legislature and Executive at the State level

The state structure mirrors the Union one. Each state has its own legislature and executive. Members of the Legislative Assembly (MLAs) make laws on subjects in the State List and Concurrent List.

• Constitutional head: Union → President (electoral college); State → Governor (appointed by the President).
• Real executive head: Union → Prime Minister; State → Chief Minister.
• Legislature: Union is always bicameral (Lok Sabha + Rajya Sabha). States may be unicameral (only Vidhan Sabha) or bicameral (Vidhan Sabha + Vidhan Parishad). States with a Legislative Council include Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.
• Lower House: Lok Sabha / Vidhan Sabha. Upper House: Rajya Sabha / Vidhan Parishad.
• Money bills originate only in the Lok Sabha (Union) / Vidhan Sabha (state). Term of lower house: 5 years.

10. Union List, State List and Concurrent List

The Constitution divides law-making powers into three lists:

• Union List — only the Union government can make laws (e.g. defence, foreign affairs).
• State List — only the State government can make laws (e.g. police, public health).
• Concurrent List — both Union and State can legislate (e.g. education, environment). If both make a law and they clash, the Union law prevails and the state is bound to follow it.

Example: education is on the Concurrent List, yet the RTE Act applies all over India because the Union legislated on it. These lists show the interdependent nature of federalism.

11. Sessions, productivity and challenges

The Parliament typically meets three times a year in sessions — Budget Session, Monsoon Session and Winter Session. Each session has sittings, and the Parliament usually sits about 6 hours a day. Productivity means how many hours the House actually worked compared to scheduled hours.

Challenges to effective functioning: regular absenteeism, non-cooperative conduct, reduced quality of debates, and disruptions of the Question Hour. Concerns are also raised about representatives with criminal cases and about debates that do not seriously address people's issues. The media (including cartoons) helps communicate these concerns. Democracy grows stronger when citizens stay informed and engaged.

12. Common mistakes to avoid

• Saying Parliament = Lok Sabha + Rajya Sabha only — it also includes the President.
• Confusing Speaker (presides over Lok Sabha) with Vice President (chairperson of Rajya Sabha).
• Thinking the President runs the government — the President is the nominal head; the PM is the de facto head.
• Forgetting that a Money Bill can be introduced only in the Lok Sabha.
• Mixing up Legislature (makes laws) and Executive (enforces laws) and Judiciary (interprets laws).
• Calling Lok Sabha members "indirectly elected" — they are directly elected by the people; Rajya Sabha members are indirectly elected.

13. Quick revision checklist

• Parliament = President + Lok Sabha + Rajya Sabha (bicameral).
• Lok Sabha = direct election, max 550, Speaker presides. Rajya Sabha = indirect, Vice President presides.
• Four functions: Constitutional, Lawmaking, Executive accountability, Financial accountability.
• Bill → reading → committee → discussion → vote → other House → President's assent → Gazette = law (RTE 2009).
• Union Executive = President + Vice President + Council of Ministers (PM). PM = de facto head; President = nominal head.
• Legislature makes laws, Executive enforces, Judiciary interprets — checks & balances, separation of powers.
• State mirror: Governor / Chief Minister / Vidhan Sabha / Vidhan Parishad; MLAs make state laws.
• Three lists: Union, State, Concurrent (Union prevails if clash).

Q1. Find out how many representatives from your state are in each House of the Parliament.

This is an activity. The number of Lok Sabha members and Rajya Sabha seats allotted to a state both depend on its population. (For example, you can check your state's count from the Election Commission or Parliament website — larger states like Uttar Pradesh send the most members, while smaller states send fewer.)

Q2. What makes the Indian Parliament the "voice of the people"? How does it ensure that different opinions are heard?

People directly elect their representatives to the Lok Sabha through universal adult suffrage, so the Parliament reflects the people's will and functions with their consent. Different opinions are heard because: MPs from different parties and states debate; the Question Hour lets members question ministers; bills are discussed clause-by-clause with amendments; the Rajya Sabha represents the states; and parliamentary committees include MPs from many parties. Translation in many languages also helps every region be heard.

Q3. Why do you think the Constitution made the Executive responsible to the Legislature?

So that the people retain control over the government. The Executive is run by the PM and Council of Ministers who are themselves MPs; by making them collectively responsible to the Lok Sabha, the Constitution ensures they must answer to the elected representatives (through Question Hour, debates, budget approval). If the government loses the confidence of the Lok Sabha, it must step down — this keeps power accountable to the people.

Q4. Why do you think we have chosen the system of bicameral legislature at the Union level?

A single directly elected House was felt to be inadequate for such a large and diverse country. In the spirit of federalism, a second House — the Rajya Sabha (Council of States) — was added to represent the interests of the states. Two houses also allow laws to be examined twice, improving the quality of legislation and balancing national unity with local interests.

Q5. Track the journey of a recent bill passed by Parliament. (Activity)

Pick a bill, then note: in which House it was introduced, whether it went to a committee, the major debates, when it was passed by both Houses, and the date it received the President's assent and was notified in the Gazette. Use newspaper archives, government websites and Lok Sabha debates.

Q6. Role-play a 'model Parliament'. (Activity)

Divide into teams to act out the process — MPs debating a bill in the Lok Sabha and Rajya Sabha, ministers answering questions, and the President giving assent — showing how a bill becomes a law.

Q7. The Women's Reservation Bill, 2023 was passed with wide support. Why might it have taken over 25 years despite being discussed for so long?

Lawmaking is deliberately a long and rigorous process. Such a bill needed to pass both Houses, often with the special majority required for a Constitutional amendment, and to overcome disagreements between parties on details (such as sub-quotas and timing). Building wide consensus across many states and parties takes time — which shows both the strength (careful debate) and the slowness of the system.

Q8. Parliament is sometimes disrupted and does not function for the days it should. What impact does this have on the quality of laws and people's trust?

Disruptions reduce productive hours, so bills may be passed with less debate and scrutiny, lowering the quality of laws. The Question Hour suffers, weakening accountability. Citizens may lose trust in their representatives, feeling that their concerns are not being seriously addressed.

Q9. Create 'interest' groups and list questions for your MP / MLA. (Activity)

Frame questions on a policy you care about. Questions for an MP concern Union/Concurrent List matters (national policy, defence, central schemes), while questions for an MLA concern State/Concurrent List matters (local roads, state schools, water supply).

Q10. What is the role of the Judiciary in Indian democracy? What could happen without an independent judiciary?

The Judiciary interprets and applies laws, settles disputes, guards Fundamental Rights, and checks that Parliament's laws and the Executive's actions follow the Constitution. Without an independent judiciary, there would be no neutral umpire — the government could pass and enforce laws that violate the Constitution and citizens' rights, and no single organ could be checked, threatening democracy itself.