Social Sciences: Class 8 — Chapter 6: The Parliamentary System: Legislature and Executive

6.1 Introduction

India's independence was achieved through great sacrifices after years of struggle against colonial rule. The drafting of the Constitution of independent India was the first major step toward self-governance. This comprehensive document laid down foundational principles, including Universal Adult Franchise, which guarantees all adult citizens the right to vote irrespective of their social or economic background, gender, race, or religion.

The people of India directly elect their representatives to 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. There have been 17 Lok Sabhas since the first one in 1952. The 18th Lok Sabha was constituted in June 2024.

6.2 Composition of the Parliament 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.

6.2.1 The Two Houses

  • Lok Sabha: The people of India choose their representatives for the Lok Sabha through direct elections based on universal adult suffrage. The maximum number of members envisaged by the Constitution is 550.
  • Rajya Sabha: Members of Parliament (MPs) in the Rajya Sabha are elected indirectly by an electoral college. The number of Rajya Sabha seats allocated to each state is based on its population.

6.2.2 Inspiration and Federalism

While Britain's system inspired India's parliamentary democracy, Indian constitution-makers also drew from practical experiences in colonial governance, the memory of ancient republics (mahājanapadas), and village panchayats.

Extensive discussions took place regarding whether India should have a bicameral system. It was decided that a single directly elected House would be inadequate to meet the challenges of independent India. In the spirit of federalism—a form of government where power is distributed between the centre, states, and local governments—the Rajya Sabha was created to represent state interests and maintain a balance between national unity and local concerns.

6.2.3 Presiding Officers

Each House of Parliament has a presiding officer to ensure orderly debates:

  • In the Lok Sabha, members elect a Speaker to conduct sessions, maintain discipline, and ensure rules are followed.
  • The Rajya Sabha is presided over by the Vice President of India, who acts as its chairperson.

6.2.4 The Sengol

The Sengol, a gold-plated silver sceptre, was symbolically handed over to Pt. Jawaharlal Nehru on 14 August 1947 to mark the transfer of power. Dating back to the Chola period, it serves as a symbol of righteous and just rule. It is now placed near the Speaker's chair in the new Lok Sabha. At its top sits Nandi, symbolising justice.

6.3 Legislative Functions of the Parliament

The Constitution classifies the key legislative functions of Parliament under four broad heads:

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

6.3.1 Constitutional Function

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.
  • Electing the President and Vice President, and amending the Constitution.

6.3.2 Lawmaking (From Bill to Act)

A bill is a draft of a proposed law that must be approved by Parliament before it can be enacted into law as an act.

Case Study: Right of Children to Free and Compulsory Education Act, 2009 (RTE)

  • Rooted in the Directive Principles of State Policy.
  • The 86th Constitutional Amendment Act, 2002, added Article 21A, making free and compulsory education for children aged 6 to 14 a Fundamental Right.
  • Tabled as a bill in the Rajya Sabha, studied by a committee, debated over funding, passed by the Lok Sabha in August 2009, and received Presidential assent to become an Act.

The Process of Lawmaking:

  1. Introduction in either House of Parliament (except Money Bills, which must originate in the Lok Sabha).
  2. Reading of the bill.
  3. Referred to a Standing Committee (a permanent committee of MPs that scrutinises government activities and bills).
  4. Taken up for consideration and passing.
  5. Clause-by-clause discussion and voting on amendments.
  6. Vote on the Bill.
  7. Process repeated in the other House.
  8. Presidential assent.
  9. Gazette notification.

6.3.3 Executive Accountability

The Prime Minister and the Council of Ministers are answerable to the Lok Sabha. Parliament holds the Executive accountable through mechanisms such as:

  • Question Hour: Typically the first hour of a Parliamentary session where MPs ask ministers questions about government policies and activities.
  • Special Committees: Meetings where ministries must explain and answer questions about their policies.

6.3.4 Financial Accountability

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

6.4 Executive Functions of Parliament

The Union Executive consists of the President, the Vice President, and the Council of Ministers headed by the Prime Minister.

6.4.1 The President

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. Under specific circumstances (like political crises where no party holds a majority), the President can exercise discretionary powers.

6.4.2 The Prime Minister and the Council of Ministers

The Prime Minister is the de facto executive authority. Key functions include:

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

A permanent group of officials called civil servants (administrators or bureaucrats) helps implement laws and policies under the direction of ministers.

6.5 Differences Between the Legislature and the Executive
Aspect Legislature Executive
Composition Composed of the President, the Lok Sabha, and the Rajya Sabha. 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.
  • Keeps a check on the Executive via questions.
  • Sanctions all government-related expenses.
  • Consults Parliamentary committees.
  • Introduces most bills.
  • Provides explanations to the Legislature.
  • Aids and advises the President.
  • Prepares and implements the budget.
  • Functions independently in day-to-day matters.
6.6 The Judiciary — Role of Checks and Balances

The Judiciary is the branch of government responsible for interpreting and applying the laws of the land. It functions through a system of courts and acts as the custodian of the Constitution.

This system of checks and balances ensures that no single organ of government becomes too powerful.

6.7 Legislative and Executive Functions at the State Level

Each state has its own legislature and executive, called the State Assembly. Members of the Legislative Assembly (MLAs) formulate laws on subjects within state jurisdiction.

6.7.1 The Three Lists

  • Union List: Subjects on which only the Union Government can legislate.
  • State List: Subjects on which State Governments exclusively legislate.
  • Concurrent List: Subjects (like education and environmental policy) on which both Union and State governments can legislate. If laws conflict, the Union law prevails.

6.7.2 Structure of State Legislatures

State legislatures can be:

  • Unicamerel: Having only one house, the Vidhan Sabha (Legislative Assembly).
  • Bicameral: Having two houses, the Vidhan Sabha and the Vidhan Parishad (Legislative Council). States with a bicameral system include Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
6.8 Parallel Structure of Union and State Governments
Feature Union Government State Government
Constitutional Head President of India (elected) Governor of the State (appointed by President)
Term of Head 5 years 5 years
Executive Head Prime Minister (de facto) Chief Minister (de facto)
Legislature Structure Bicameral (Lok Sabha & Rajya Sabha) Unicameral (Vidhan Sabha) or Bicameral (with Vidhan Parishad)
Lower House Lok Sabha Vidhan Sabha
Upper House Rajya Sabha Vidhan Parishad (in some states only)
Legislative Powers Union List and Concurrent List State List and Concurrent List
Financial Powers Money bills originate only in Lok Sabha Money bills originate only in Vidhan Sabha
6.9 Challenges to Effective Functioning

The legislature faces several challenges in its effective functioning:

Democracy grows stronger when citizens stay informed, ask questions, and constructively engage with political representatives on policies.