The parliamentary system in India is based on democratic principles where people elect their representatives to make laws and run the government. This system has two main parts – the legislature that makes laws and the executive that implements them. These notes will study how Parliament works, its structure, functions, and the relationship between different branches of government.
Composition of the Parliament of India
Bicameral Structure
The Indian Parliament is composed of the President and two houses, making it a bicameral legislature. The word ‘bicameral’ comes from ‘bi’ meaning two and ‘cameral’ meaning chamber or house. This structure includes:
- Lok Sabha – Known as House of the People or Lower House
- Rajya Sabha – Known as Council of States or Upper House
- President – Acts as integral part of Parliament
The bicameral system was adopted after extensive discussions during Constitution making. The founding fathers felt that a single directly elected house would be inadequate for independent India’s complex challenges. A Council of States was needed in the spirit of federalism, which distributes power between center, states, and local governments.
Lok Sabha Composition
The Lok Sabha represents the people of India directly through elections:
- People choose their representatives through direct election based on universal adult suffrage
- Maximum number of members as per Constitution is 550
- Members are called Members of Parliament (MPs)
- Both number of seats and representation are based on population of each state
- Currently has 543 elected members and can have up to 2 nominated members from Anglo-Indian community
The Lok Sabha is more powerful than Rajya Sabha in certain matters, especially financial bills and no-confidence motions against the government.
Rajya Sabha Composition
The Rajya Sabha has a different composition and election process:
- Members are elected indirectly by electoral college consisting of MLAs from states
- Represents the federal spirit by giving voice to states in national legislature
- Both seat allocation and representation are based on state population
- Has 245 members – 233 elected and 12 nominated by President
- Nominated members are chosen for their expertise in art, literature, science, and social service
The different composition ensures that states have adequate representation at the national level while maintaining democratic principles.
Functions of Parliament
Presiding Officers
Each house of Parliament has presiding officers to ensure orderly conduct of business:
Lok Sabha Speaker:
- Members of Lok Sabha elect the Speaker who conducts sessions
- Speaker allows members to speak and maintains discipline during debates
- Has power to decide on parliamentary procedures and rules
- Remains neutral and impartial during discussions
Rajya Sabha Chairperson:
- Rajya Sabha is presided over by Vice President of India
- Vice President acts as ex-officio chairperson of Rajya Sabha
- In absence of VP, Deputy Chairman conducts the proceedings
Translation Services
Parliamentary discussions are made accessible through comprehensive translation services:
- Services provided in multiple Indian languages to ensure inclusivity
- Previously available in 12 languages including Hindi and English
- Recently six more languages have been added including Bodo and Sanskrit
- More languages are expected to be added in future to enhance participation
- This ensures that MPs from different linguistic backgrounds can participate effectively
The Sengol Symbol
The Sengol is an imp symbol in the new Parliament building:
- Gold-plated silver sceptre symbolically handed to Nehru in 1947
- Marks the transfer of power from British rule to independent India
- Now placed near Speaker’s chair in the new Lok Sabha chamber
- Dates back to the Chola period as symbol of righteous rule
- Top features Nandi (bull) symbolizing justice and dharma (righteousness)
Union Executive Structure
Components of Union Executive
The Union Executive consists of several imp components working together:
- President – serves as head of state and nominal executive head
- Vice President – assists President and chairs Rajya Sabha
- Council of Ministers – headed by Prime Minister, chosen from MPs
- Prime Minister – real executive head who leads the government
- Ministers are collectively responsible to Lok Sabha for their actions
Executive Responsibility
The relationship between executive and legislature is crucial:
- Executive responsibility is as important as legislative function
- Union Executive gives life to legislative functions of Parliament
- Ensures that laws passed by Parliament are implemented properly
- Works under the direction and oversight of Parliament
- Must answer to Parliament for all government actions and policies
Legislative Functions of the Parliament
Constitutional Functions
Parliament has several imp constitutional responsibilities:
- Upholding core constitutional values through legislation and oversight
- Enabling parliamentary democracy through universal adult suffrage
- Following separation of powers between legislature, executive, and judiciary
- Ensuring federalism principles are maintained in governance
- Upholding Fundamental Rights and Directive Principles through appropriate laws
Election Functions
Parliament plays crucial role in constitutional elections:
- Elects President and Vice President of India through electoral college
- Amendment of Constitution is an important function requiring special majorities
- These functions ensure democratic continuity and constitutional stability
- Parliament plays central role in the constitutional framework of the country
Lawmaking Process
Among the primary responsibilities of legislature is making laws for the country:
- Constitution lays out elaborate and rigorous lawmaking process
- Law is generally brought into force through an instrument called ‘act’
- Bill is the draft of proposed law introduced in Parliament
- Bills go through a long journey before becoming acts and ultimately laws
- Process ensures thorough discussion and democratic scrutiny of proposed legislation
Journey of RTE Act Example
The Right to Education Act provides excellent example of lawmaking process:
Historical Background:
- RTE Act came into existence in August 2009
- Idea began almost a century before actual implementation
- Roots lie in Directive Principles of State Policy in Constitution
Constitutional Development:
- Constitution makers wanted implementation within decade after Independence
- In 1990s, argued as part of Fundamental Rights in court cases
- 86th Constitutional Amendment Act 2002 mandated Article 21A (Right to Education)
Legislative Process:
- Tabled as bill in Rajya Sabha and studied by parliamentary committee
- Major debate concerned funding for new schools and infrastructure
- Passed in Lok Sabha in 2009 and received Presidential assent
- Shows how complex social legislation evolves over decades
Steps in Lawmaking Process
The detailed steps show democratic scrutiny at each stage:
- Introduction in either House of Parliament by minister or private member
- Reading of the bill by members to understand its provisions
- Clause-by-clause discussion and amendments are voted upon
- May be referred to Standing Committee for detailed scrutiny
- Taken up for consideration and passing by the house
- Process repeated in the other house for bicameral approval
- Presidential assent required for bill to become law
- Gazette notification makes it officially enforceable law
Money Bills Special Process
Certain bills have special constitutional requirements:
- Some bills must be tabled only in Lok Sabha due to their financial nature
- Money Bills are concerned with taxation, government expenditure, or borrowing
- Can only be introduced in Lok Sabha, not in Rajya Sabha
- Introduction requires prior recommendation of President
- Shows special status of Lok Sabha in financial matters affecting the nation
Executive Accountability
Prime Minister and Council of Ministers
The Union Executive has clear structure and responsibilities:
- Prime Minister and Council of Ministers are part of Union Executive
- Primarily responsible for implementing and enforcing laws passed by Parliament
- Oversee effective running of government operations across all ministries
- Take decisions on day-to-day functioning of government based on Constitution
- Answerable to Lok Sabha through various parliamentary mechanisms
Question Hour Mechanism
Question Hour is an imp tool for ensuring executive accountability:
- Question Hour requires ministers to justify their actions and decisions to Parliament
- Usually the first hour of Parliamentary session reserved for this purpose
- MPs can ask ministers questions about government policies and activities
- Process holds Executive accountable for all decisions taken by government
- Special committees hold meetings where ministries must explain their policies in detail
This mechanism ensures that the executive branch remains answerable to people’s representatives.
Parliamentary Atmosphere
Parliament is not always formal and serious in its proceedings:
- Sometimes atmosphere is set through poetry and humor during debates
- Examples include verses during budget presentations by Finance Ministers
- Humorous exchanges between government and opposition members
- Shows the human side of democratic deliberations
- Maintains collegial atmosphere despite political differences
Financial Accountability
Parliament has crucial role in monitoring government finances:
- Parliament approves and monitors all government expenditure through budget process
- Done through annual budget process where each ministry’s allocation is discussed
- Examines distribution of funds to different ministries and schemes
- Government expected to provide necessary information in timely manner
- Parliament keeps strict eye on expenditure as it involves people’s tax money
Executive Functions of Parliament
The President
The President holds imp constitutional position in Indian democracy:
- President is Head of State and nominal head of Executive
- Prime Minister and Council of Ministers actually run the government
- President appoints Prime Minister (usually leader of majority party) and other ministers
- Summons Parliament sessions and gives assent to bills passed by legislature
- Council of Ministers aids and advises President in discharge of functions
- Can exercise discretionary powers during political crises or constitutional deadlocks
The Prime Minister and Council of Ministers
The Prime Minister is the real executive authority in parliamentary system:
- President appoints leader of majority party in Lok Sabha as Prime Minister
- PM serves with support of majority MPs in Lok Sabha
- Imp functions include leading Council of Ministers and coordinating government work
- Advises President on all matters of national importance
- Coordinates work of different ministries and ensures policy implementation
- Shapes national policies and takes major government decisions
Collective Responsibility
The concept of collective responsibility is fundamental to parliamentary system:
- Prime Minister and Council are collectively responsible to Lok Sabha
- Most bills in Parliament are initiated by government rather than private members
- Civil servants help implement laws and policies under ministerial direction
- Officers work under direction of ministers to ensure smooth functioning
- Government departments function smoothly through this coordinated approach
Example of Moral Responsibility
Railway Minister Lal Bahadur Shastri’s resignation provides excellent example:
- Resigned after train accident in 1956 though he was not directly blamed
- Believed that minister must take moral responsibility for departmental failures
- Offered resignation to Prime Minister Nehru voluntarily
- Shows high standards of accountability expected in democratic system
- Demonstrates principle that ministers are answerable for their ministry’s performance
Differences Between Legislature and Executive
Composition Differences
The structure of both organs shows clear distinctions:
| Legislature | Executive |
|---|---|
| Composed of President, Lok Sabha, and Rajya Sabha | Composed of President, Vice-President, and Council of Ministers |
| Supreme legislative body of the country | Headed by Prime Minister as real executive head |
| Members elected directly (Lok Sabha) and indirectly (Rajya Sabha) | Ministers chosen from among MPs of both houses |
Main Role Differences
The primary functions show division of work:
- Legislature makes laws and oversees work of Executive branch
- Executive enforces laws made by Legislature through various departments
- Legislature can introduce some bills (private member bills) in Parliament
- Most bills introduced by Executive (government bills) in Parliament
- Legislature focuses on policy making while Executive focuses on implementation
Functional Differences
The day-to-day working shows complementary roles:
- Legislature keeps check on Executive activities through questions and debates
- Executive provides information and explanations to Legislature when asked
- Legislature sanctions all government-related expenses through budget approval
- Executive prepares and implements budget after approval by Parliament
- Legislature consults Parliamentary committees regularly on various issues
- Executive functions independently in day-to-day administrative matters
The Judiciary – Role of Checks and Balances
Judicial Functions
The judiciary plays pivotal role in maintaining democratic balance:
- Judiciary responsible for interpreting and applying laws made by legislature
- Functions through system of courts from Supreme Court to lower courts
- Plays pivotal role in maintaining democratic society and rule of law
- Acts as custodian of Constitution and protects fundamental rights
- Ensures all government branches operate within constitutional parameters
Constitutional Oversight
Judiciary provides imp checks on legislative and executive power:
- Judiciary checks that laws passed by Parliament don’t violate Constitution
- Can step in when Executive violates Constitution during law implementation
- Parliament functions through Legislature and Executive arms of government
- Judiciary functions through its system of Courts across the country
- Examples of separation of powers and checks and balances in action
Balance of Power
The system ensures democratic governance through balanced power:
- System ensures no single organ becomes too powerful or autocratic
- Legislature questions actions of Executive through various parliamentary mechanisms
- Judiciary ensures laws and government actions respect constitutional provisions
- Actions of Judiciary itself can be reviewed through established procedures
- Judiciary can ask lawmakers to review laws that violate constitutional principles
Legislative and Executive Functions at State Level
State Assembly Structure
Each state has its own legislature and executive similar to union level:
- Each state has own legislature and executive called State Assembly (Vidhan Sabha)
- Members of Legislative Assembly (MLAs) make laws on State List subjects
- Also make laws on subjects in Concurrent List along with union government
- Structure imitates union level organization with similar functions
- Similar functions but focused on state-level issues and governance
Union, State, and Concurrent Lists
The Constitution clearly demarcates legislative areas:
| List Type | Legislative Authority | Examples |
|---|---|---|
| Union List | Exclusive union government | Defence, foreign affairs, currency |
| State List | Exclusive state government | Police, agriculture, local government |
| Concurrent List | Both union and state | Education, forests, marriage laws |
Important Rule: When union government legislates on concurrent subject, all states must follow union law.
Education Example: Shows how concurrent list works – both center and states can make education laws, but central laws take precedence.
Parallel Structure Comparison
State governments mirror union structure in organization:
| Union Level | State Level |
|---|---|
| Has President | Has Governor |
| Has Prime Minister | Has Chief Minister |
| Lok Sabha and Rajya Sabha | Legislative Assembly (and Council in some states) |
| Council of Ministers | State Council of Ministers |
| Five-year terms | Five-year terms |
| Collective responsibility | Collective responsibility |
Structure of State Legislatures
States can have different legislative structures:
- Can be unicameral having only one house (Legislative Assembly)
- Can be bicameral having two houses (Assembly + Council)
- Legislative Assembly called Vidhan Sabha (directly elected)
- Legislative Council called Vidhan Parishad (indirectly elected)
- Six states currently have bicameral system
- Remaining states have unicameral system for simpler governance
Challenges to Effective Functioning of Legislatures
Productivity Issues
Several factors affect the effective functioning of Parliament:
- Productivity measured by hours Parliament actually functioned compared to scheduled time
- Regular absenteeism of members affects quality of legislative business
- Non-cooperative conduct of members reduces quality of debates and discussions
- Disruptions of Question Hour hamper executive accountability mechanisms
- Political confrontations often lead to adjournments and lost time
Parliament Sessions Schedule
Parliament follows regular schedule throughout the year:
- Parliament meets three times yearly – Budget, Monsoon, and Winter Sessions
- Each session has sittings for deliberation on various issues
- Usually sits six hours daily during active session periods
- Can be extended for urgent business or important legislation
- State Assemblies follow similar schedules adapted to local needs
Historical Productivity Data
The data shows concerning trends over decades:
- First Lok Sabha had 14 sessions with 677 sittings (more productive)
- Recent Lok Sabhas show declining numbers of sittings per term
- Rajya Sabha productivity declined from 78% to 65% over years
- Some sessions recorded very low productivity due to disruptions
- Disruptions significantly impact legislative work and public business
Current Challenges
Modern democracy faces several concerning issues:
- Substantial proportion of representatives have pending criminal cases
- Sessions marked by angry or biased debates rather than constructive discussion
- Issues affecting people are not seriously addressed due to political considerations
- Media plays important role in communicating electorate concerns to representatives
- Democracy needs informed and engaged citizens for effective functioning
Solutions and Way Forward
Improving parliamentary effectiveness requires collective effort:
- Citizens should stay informed on matters of national and local importance
- Participate in public discussions and debates on policy issues
- Engage constructively with political representatives through various means
- Young leaders and diverse voices entering public life bring fresh perspectives
- Technology making governance more accessible and transparent
- Future voters’ choices will ultimately strengthen Parliament and democracy
Questions and Answers
Q1: What is bicameral structure and why was it adopted in India?
Answer:
- Bicameral means having two chambers or houses in legislature
- Indian Parliament has Lok Sabha (Lower House) and Rajya Sabha (Upper House)
- Adopted because single house felt inadequate for India’s complex challenges
- Council of States needed in spirit of federalism
- Helps balance national unity with state interests
Q2: How are members of Lok Sabha and Rajya Sabha elected?
Answer:
- Lok Sabha members elected directly by people through universal adult suffrage
- Rajya Sabha members elected indirectly by MLAs of states
- Lok Sabha represents people directly, Rajya Sabha represents states
- Both houses have different roles reflecting their different compositions
- Maximum Lok Sabha strength is 550, Rajya Sabha has 245 members
Q3: What are the main functions of Parliament?
Answer:
- Primary function is making laws for the country
- Oversight of executive through Question Hour and debates
- Approving and monitoring government expenditure
- Electing President and Vice President
- Constitutional amendments require parliamentary approval
- Ensuring executive accountability to people’s representatives
Q4: Explain the lawmaking process in Parliament.
Answer:
- Bill introduced in either house of Parliament
- Goes through readings and clause-by-clause discussion
- May be referred to Standing Committee for detailed study
- Amendments discussed and voted upon
- After passing in one house, sent to other house
- Presidential assent required to become law
- Gazette notification makes it officially enforceable
Q5: What is collective responsibility in parliamentary system?
Answer:
- Prime Minister and Council of Ministers collectively responsible to Lok Sabha
- All ministers collectively own government decisions and policies
- If government loses confidence of Lok Sabha, entire ministry must resign
- Individual ministers cannot distance themselves from collective decisions
- Ensures unified approach to governance and policy implementation
Q6: How does Question Hour ensure executive accountability?
Answer:
- First hour of parliamentary session reserved for questions
- MPs can ask ministers about government policies and actions
- Ministers must justify their decisions to Parliament
- Special committees examine ministry functioning in detail
- Keeps executive answerable to people’s representatives
- Ensures transparency in government functioning
Q7: What are the differences between Legislature and Executive?
Answer:
- Legislature makes laws, Executive implements them
- Legislature composed of Parliament, Executive headed by PM
- Legislature oversees Executive work through various mechanisms
- Executive provides information to Legislature when required
- Legislature approves budget, Executive implements it
- Both work together but have distinct roles and responsibilities
Q8: How does separation of powers work in Indian system?
Answer:
- Legislature makes laws and oversees government
- Executive implements laws and runs day-to-day administration
- Judiciary interprets laws and ensures constitutional compliance
- Each organ checks the other to prevent misuse of power
- No single organ can become too powerful
- System ensures democratic governance and rule of law
Q9: What are the main challenges facing Parliament today?
Answer:
- Declining productivity due to disruptions and absenteeism
- Many representatives have criminal cases pending
- Debates becoming confrontational rather than constructive
- Important people’s issues not getting adequate attention
- Need for better citizen engagement and awareness
- Technology can help make governance more transparent
Q10: How can parliamentary effectiveness be improved?
Answer:
- Citizens should stay informed and engage constructively
- Young leaders bringing fresh perspectives to politics
- Better use of technology for transparency
- Reducing disruptions and focusing on people’s issues
- Strengthening parliamentary committees and procedures
- Encouraging diverse voices and inclusive participation
- Future voters making informed choices will strengthen democracy
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