The Parliamentary System: Legislature and Executive

The Big Questions

Q1. What is India's parliamentary system, and how is it structured?

Answer:

India's parliamentary system is a democratic system of governance where the executive branch derives its democratic legitimacy from the legislature and is accountable to it. The Parliament is composed of the President, 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. The Lok Sabha members are directly elected by the people, while the Rajya Sabha members are elected indirectly by state legislatures. The Prime Minister and the Council of Ministers form the executive, and they are drawn from the Parliament and are responsible to the Lok Sabha.

Q2. What are the key functions of the Parliament?

Answer:

The key functions of the Parliament can be broadly classified into four categories:

1. Constitutional functions: Upholding the core values of the Constitution, including enabling parliamentary democracy, federalism, and protecting fundamental rights.
2. Lawmaking: Making laws for the country through a rigorous process where a bill is introduced, debated, and passed before becoming an act.
3. Executive accountability: Holding the executive (Prime Minister and Council of Ministers) accountable for their actions through mechanisms like the Question Hour and parliamentary committees.
4. Financial accountability: Approving and monitoring government expenditure through the annual budget and scrutinizing the distribution of funds to different ministries.

Q3. What are the roles of the legislature and the executive in India's Parliamentary democracy?

Answer:

The legislature (Parliament) is the supreme law-making body of the government. It comprises all elected representatives of the people and controls and guides the work of the government through lawmaking, oversight, and financial scrutiny. The executive (President, Vice-President, and the Council of Ministers headed by the Prime Minister) is responsible for implementing and enforcing the laws made by the legislature. The executive runs the day-to-day government, shapes national policies, and is answerable to the legislature. The legislature ensures that the executive is accountable and acts in the best interest of the people.

Q4. How are the legislature and the executive organised at the union and state levels?

Answer:

At the union level, the legislature is the Parliament (bicameral: Lok Sabha and Rajya Sabha), and the executive is the Union Executive (President, Vice-President, and the Council of Ministers headed by the Prime Minister). At the state level, the legislature is the State Assembly (Vidhan Sabha) and optionally a Legislative Council (Vidhan Parishad), and the executive is the State Executive (Governor, Chief Minister, and the Council of Ministers). The state structure largely imitates the union structure, with the Governor acting as the nominal head and the Chief Minister as the de facto executive authority, responsible to the Vidhan Sabha.

Let's Explore

Q1. Draw a small chart to show the process of how RTE became an act. What do you think the process would be if RTE had been tabled in the Lok Sabha?

Answer:

Chart: Journey of the Right to Education (RTE) Act

• Step 1: Idea and Constitutional Amendment - The idea for RTE originated from the Directive Principles. The 86th Constitutional Amendment Act (2002) made education a Fundamental Right (Article 21A).
• Step 2: Introduction of Bill - The bill was tabled in the Rajya Sabha.
• Step 3: Committee Review - A committee studied the bill and suggested modifications.
• Step 4: Debate and Passage - After debate, the bill was passed in the Rajya Sabha.
• Step 5: Passage in Lok Sabha - The bill was then sent to the Lok Sabha where it was debated and passed.
• Step 6: President's Assent - The bill was sent to the President for assent, after which it became an Act in August 2009.

If the RTE bill had been tabled in the Lok Sabha, the process would be largely similar but the roles of the two houses would be reversed. The bill would be introduced in the Lok Sabha, go through committee review, be debated and passed in the Lok Sabha, then sent to the Rajya Sabha for consideration. The Rajya Sabha could suggest amendments, and if both houses disagree, a joint sitting could be called to resolve the differences.

Q2. Given here is an extract from the report of meetings between the Standing Committee on Health and Family Welfare and the officers from the Ministry of Health and Family Welfare. Observe the screenshots above and discuss the following in small groups — Who is reporting to whom? What is the subject that has been reviewed? Identify the Committee's recommendation. What is the government's reply?

Answer:

Who is reporting to whom? The Standing Committee on Health and Family Welfare is reporting to the Parliament. The Ministry of Health and Family Welfare is reporting to the Committee.

Subject reviewed: The review covers the co-location of Ayush facilities at Primary Health Centers (PHCs), Community Health Centers (CHCs), and District Hospitals (DHs).

Committee's recommendation: The Committee recommended that the Ministry of Ayush impress upon states and UTs with no separate Department of Ayush to create one for speedy development and implementation of the Ayush sector and schemes.

Government's reply: The government replied that public health is a state subject, and creation of a separate Ayush Department falls under the purview of state/UT governments. However, the Ministry has requested states/UTs to create separate directorates and deploy manpower. As of the report date, separate Ayush Directorates exist in 24 states/UTs.

Q3. Why do you think that Parliament keeps an eye on government expenditure? (Hint: Whose money does the government spend?)

Answer:

The Parliament keeps an eye on government expenditure because the government spends the money of the people (taxpayers). The Parliament represents the people and ensures that public funds are used efficiently, transparently, and for the intended purposes. By monitoring government expenditure through the budget and other oversight mechanisms, Parliament prevents misuse of funds, holds the executive accountable, and ensures that the money is spent in the best interest of the citizens.

Q4. If the Executive is part of the Legislature, how do we say that there is separation of power? (Hint: revisit the section on legislature above)

Answer:

While the executive is part of the legislature in a parliamentary system (as ministers are drawn from the Parliament), the separation of powers still exists in function and structure. The legislature is primarily responsible for making laws and overseeing the executive. The executive is responsible for implementing and enforcing those laws. The judiciary interprets the laws and ensures they are in line with the Constitution. This functional separation ensures a system of checks and balances. The executive is accountable to the legislature, and the judiciary can review the actions of both the legislature and the executive to ensure they do not violate the Constitution. Thus, while there is a close relationship between the legislature and executive, the separation of powers is maintained through distinct roles and responsibilities.

Q5. What might happen if one of the organs - Legislature, Executive, Judiciary - had all the power? How could it affect the rights of people? Discuss with your classmates how each organ checks the others. For example, how does the Legislature question the actions of the Executive? How does the Judiciary make sure that laws and government actions respect the Constitution? Do you think there might be ways in which the actions of the Judiciary itself are reviewed? Can you find examples where the Judiciary has asked lawmakers to review a law? Can you find any instances when the implementation of a law has been questioned by the Judiciary?

Answer:

If one organ had all the power, it could lead to an authoritarian system where the rights of the people are at risk. For example, if the Executive had all the power, it could make and enforce laws without any oversight, potentially suppressing dissent and curtailing fundamental freedoms. If the Legislature had all power, it could pass laws that are unconstitutional and oppressive. If the Judiciary had all power, it could interpret laws arbitrarily without being accountable to the people's representatives.

Checks and balances:

• Legislature checks Executive: Through Question Hour, debates, and parliamentary committees, the legislature can hold the executive accountable for its actions and decisions.
• Judiciary checks Legislature and Executive: The Judiciary can strike down laws passed by the Legislature or actions taken by the Executive if they are found to be unconstitutional. It protects fundamental rights and ensures that the Constitution is upheld.

Review of Judiciary: The actions of the Judiciary are reviewed through the appellate system (higher courts can review decisions of lower courts), and in rare cases, the Judiciary itself can review its own judgments (review petition).

Examples: An example of the Judiciary asking lawmakers to review a law is the Supreme Court's intervention in the National Judicial Appointments Commission (NJAC) Act, which was struck down as unconstitutional. An instance where the implementation of a law was questioned is the Supreme Court's monitoring of the implementation of the Right to Food Act.

Q6. What type of legislature does your state have?

Answer:

This is a research question. Students should find out if their state has a unicameral or bicameral legislature. The answer will vary depending on the state. The states with a bicameral system are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. All other states have a unicameral system.

Q7. Study the data given in the following table. What conclusions can you draw about the functioning of Parliament over time? Compile data for more recent years.

Answer:

The table shows the number of sessions and sittings for different Lok Sabhas:

Conclusions:

• While the number of sessions has remained relatively consistent (between 14-16), the total number of sittings has decreased significantly over time. The 1st Lok Sabha had 677 sittings, while the 13th had only 356.
• This indicates that the Parliament is meeting for fewer days over time.
• Fewer sittings could mean less time for debate and discussion, which could impact the quality of lawmaking and oversight.
• Reasons for this could include disruptions, adjournments, and other inefficiencies.

Q8. Read the following statement of the former chairman of the Rajya Sabha, M. Venkaiah Naidu given in 2021: "...the productivity of Rajya Sabha during 2004-14 has been about 78% and it declined to about 65% since then. Of the 11 sessions [that he presided over], four of them clocked low productivity of 6.80%, 27.30%, 28.90% and 29.55%; during the year 2018, the Rajya Sabha recorded the lowest ever productivity of 35.75% under the impact of disruptions." What conclusions can you draw from this statement? What implications does this have for the role that the Rajya Sabha is expected to play?

Answer:

Conclusions from the statement:

• The productivity of the Rajya Sabha has declined over time.
• There have been sessions with extremely low productivity (as low as 6.80%), indicating significant disruptions.
• The year 2018 had the lowest ever productivity at 35.75%.
• Disruptions are a major factor in the decline in productivity.

Implications:

• The Rajya Sabha's role as a reviewing chamber and a house of elders is being undermined. Low productivity means that bills are not thoroughly debated, and the quality of legislation may suffer.
• It reduces the ability of the Rajya Sabha to provide a check on the Lok Sabha and to represent the interests of the states.
• It negatively impacts public trust in the legislative process and the accountability of the government.
• It leads to a situation where important issues are not discussed adequately, and the Rajya Sabha fails to fulfill its constitutional role.

Q9. Take up a small group project. Compile data regarding the functioning of the legislature in your state or union territory.

Answer:

This is a project activity. Students should research and compile data on the functioning of their state legislature, including the number of sessions, sittings, productivity, and any major debates or disruptions. They can use government websites, news archives, or contact local representatives for information.

Q10. Seek an appointment with an MLA and gather information about challenges with respect to the state legislature.

Answer:

This is an activity. Students can interview a local MLA to gather firsthand information about the challenges faced by the state legislature, such as disruptions, absenteeism, lack of debate, and other issues. They can then present their findings in the form of a report or presentation.

Q11. 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?

Answer:

Atal Bihari Vajpayee's statement, "Governments will come and go, parties will rise and fall. But the nation must endure, and its democracy must live on," conveys a powerful message about the enduring nature of democracy. It emphasizes that the political leaders and parties are temporary, but the nation and its democratic institutions are permanent. The role of Parliament and leaders is to serve the nation and uphold its democratic values, rather than prioritize personal or party interests. It is important to protect democratic values even when political power changes because democracy is a system based on principles like justice, equality, liberty, and fraternity. These values ensure that the rights and freedoms of all citizens are protected, and they provide a stable framework for governance. Protecting these values ensures that the country remains united and progresses, regardless of which party or leader is in power.

Questions and Activities

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

Answer:

This is a research question. Students can find this information online (e.g., from the official website of the Parliament of India) or by asking their teacher. The number of MPs from a state in the Lok Sabha and Rajya Sabha depends on its population and the allocation of seats.

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

Answer:

The Indian Parliament is the 'voice of the people' because it consists of representatives who are directly and indirectly elected by the people. The Lok Sabha, in particular, is formed through direct elections based on universal adult suffrage, meaning every adult citizen has the right to vote. Parliament ensures that different opinions are heard through various mechanisms:

• Debates and Discussions: MPs from different parties and regions can express their views on bills and government policies.
• Question Hour: MPs can question ministers on their actions and decisions.
• Parliamentary Committees: These committees allow for detailed scrutiny and discussion of bills and policies, often involving experts and the public.
• Representation of States: The Rajya Sabha ensures that the interests of states are represented in Parliament.

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

Answer:

The Constitution made the Executive responsible to the Legislature to ensure accountability and to prevent the misuse of power. In a parliamentary democracy, the government is formed by the majority party in the legislature, and it must have the confidence of the legislature to continue in office. This ensures that the executive is answerable to the elected representatives of the people, who can question its actions, scrutinize its policies, and even remove it from power if necessary. This system prevents the executive from becoming authoritarian and ensures that it acts in the best interest of the people.

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

Answer:

India has a bicameral legislature at the Union level for several reasons:

• Federalism: The Rajya Sabha (Council of States) represents the states and ensures their interests are protected in the legislative process. It is a key feature of India's federal structure.
• Check on the Lower House: The Rajya Sabha provides a check on the Lok Sabha, ensuring that hasty or poorly thought-out legislation is reviewed. It acts as a revising chamber.
• Continuity: The Rajya Sabha is a permanent body that is not subject to dissolution, providing continuity in the legislative process.
• Expertise: Members of the Rajya Sabha can be nominated for their expertise in fields like literature, science, art, and social service, bringing diverse knowledge to the legislative process.

Q5. Try to track the journey of a recent bill passed by the Parliament. Identify in which House it was introduced. Were there any major debates or disagreements? How long did it take for the bill to become a law? Use newspaper archives, government websites, and Lok Sabha debates, or ask your teacher for help.

Answer:

This is a research and project activity. Students can choose a recent bill (e.g., the Women's Reservation Bill, 2023, or the Digital Personal Data Protection Bill, 2023) and track its journey. They should find information on its introduction, passage in both houses, any debates or disagreements, and the timeline from bill to act. They can use government websites like the Parliament of India's official site, news archives, and PRS Legislative Research.

Q6. Choose a recent law passed by the Parliament. Divide into teams to role-play different parts of the process - MPs debating in Lok Sabha and Rajya Sabha, ministers answering questions, and the President giving assent. Present a short skit showing how a bill becomes a law; enact a 'model Parliament'.

Answer:

This is a role-play activity. Students can choose a recent law (e.g., the RTE Act, or the Women's Reservation Bill) and assign roles for a 'model Parliament'. The skit should show the stages of the bill: introduction, committee review, debate in the Lok Sabha and Rajya Sabha, and the President's assent. It should highlight the roles of different participants (MPs, ministers, the Speaker, the President).

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

Answer:

The Women's Reservation Bill took over 25 years to pass due to a combination of complex factors. These include:

• Lack of Consensus: While there was broad support for the idea of women's reservation, there were disagreements on the specifics, such as sub-reservation for women from Other Backward Classes (OBCs) and the rotation of reserved constituencies, which delayed the process.
• Political Opposition: Some political parties and leaders expressed concerns that the bill could be used to benefit certain political groups and might not lead to substantial social change.
• Priority to Other Issues: Women's reservation was not always a top priority for successive governments, which often prioritized other legislative and policy matters.
• Parliamentary Disruptions: The bill was repeatedly introduced but could not be passed due to frequent disruptions in Parliament.
• Infrastructure and Logistical Challenges: Concerns about the implementation of the bill, including the need for new arrangements in state assemblies, also contributed to the delay.

Q8. Sometimes the Parliament is disrupted and does not function for the number of days it is supposed to. What impact do you think this has on the quality of laws and the trust people place in their representatives?

Answer:

Disruptions in Parliament have a negative impact on the quality of laws and public trust.

• Quality of Laws: When Parliament is disrupted, bills are passed without adequate debate and scrutiny. This can lead to poorly drafted laws that do not effectively address the issues they are meant to solve. Important policy matters are not discussed thoroughly, and the wisdom of the collective is lost.
• Public Trust: Frequent disruptions erode the public's trust in their representatives and the democratic process. People may feel that their elected leaders are more interested in political point-scoring than in serving the nation. This can lead to cynicism and disengagement from the political process. When parliament does not function, it also means that important issues of public concern are not addressed, leading to frustration among the citizens.

Q9. Can you create 'interest' groups among students and list questions related to any policy that you may want to ask your MP and / or your MLA? How would these questions be different if it is to the MP instead of the MLA, and vice versa?

Answer:

This is an activity. Students can form interest groups (e.g., on education, environment, transport) and prepare a list of questions. For example, an education interest group might ask their MLA about the quality of local government schools, while asking their MP about central education policy and funding for the state. The questions to the MP would be about national-level policies and laws, while questions to the MLA would be about state-level implementation and local issues.

Q10. What is the role that the Judiciary plays in Indian democracy? What could happen if we didn't have an independent judiciary?

Answer:

The Judiciary is the branch of government responsible for interpreting and applying the laws of the land. In Indian democracy, its role is crucial:

• Guardian of the Constitution: It ensures that all branches of government operate within the constitutional framework and that no law or action violates the Constitution.
• Protector of Fundamental Rights: It protects the fundamental rights of citizens and can strike down any law or executive action that infringes upon these rights.
• Dispute Resolution: It resolves disputes between individuals, between individuals and the state, and between different levels of government.