NCERT Solutions: Chapter6 The Parliamentary System: Legislature and Executive (Class 8 Social Science)

India's Parliamentary System is an accountable form of representative government in which the Executive branch (the Council of Ministers) is drawn from within the Legislature and remains continuously answerable to it[cite: 14].

• Electoral Mandate: Voters directly elect Members of Parliament (MPs) to the Lok Sabha[cite: 14]. The political party or pre-poll alliance commanding a stable majority in the Lok Sabha forms the government, headed by the Prime Minister[cite: 14].
• Union-Level Architecture (Bicameralism): The Union Parliament comprises the President of India and two distinct Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States)[cite: 14].
• Executive Accountability: The Prime Minister and Council of Ministers must retain the confidence of the Lok Sabha; if a vote of no-confidence passes, the government must resign[cite: 14].
• State-Level Organization: Every state possesses an elected Legislative Assembly (Vidhan Sabha), and certain states maintain a second chamber (Vidhan Parishad), with the Chief Minister and Council of Ministers answerable to the assembly[cite: 14].

The Indian Parliament performs four vital constitutional duties to sustain democratic governance[cite: 14]:

The Legislature and the Executive perform distinct yet interdependent constitutional roles[cite: 14]:

• The Legislature (Parliament): Represents the sovereign will of the populace, crafts and revises national statutes, deliberates on public policies, allocates state finances, and checks executive authority[cite: 14].
• The Executive (Government): Led by the Prime Minister and ministers alongside civil services, it enforces laws, runs day-to-day administration, and executes public welfare schemes[cite: 14].
• The Accountability Nexus: Because ministers must be sitting members of Parliament, they must defend their decisions on the floor of the House, ensuring the Executive remains accountable to the Legislature[cite: 14].

India's federal model establishes parallel legislative and executive structures across two governmental tiers[cite: 14]:

1. Electoral Functions of Parliament:

• Elected MPs of both the Lok Sabha and Rajya Sabha form part of the Electoral College that elects the President of India[cite: 14].
• All members of both Houses together elect the Vice-President of India[cite: 14].
• The Lok Sabha elects its Speaker and Deputy Speaker; the Rajya Sabha elects its Deputy Chairman.

2. Constituent Function (Constitutional Amendments):

• Under Article 368, Parliament can amend constitutional provisions to adapt to evolving socio-economic requirements[cite: 14].
• Most amendments require a special majority (two-thirds of members present and voting, plus an absolute majority of total membership in each House)[cite: 14].
• Amendments affecting federal structures also require ratification by at least half of the State Legislatures[cite: 14].

1. Historical Legislative Journey of the RTE Act (Introduced in Rajya Sabha):[cite: 14]

2. If Introduced in the Lok Sabha First:
The bill would have undergone its first, second (clause-by-clause scrutiny), and third readings in the Lok Sabha, passed by vote, transmitted to the Rajya Sabha for debate and approval, and then sent to the President for assent[cite: 14].

This case study illustrates how Parliamentary Committees exercise oversight over government ministries[cite: 14]:

• (a) Reporting Relationship: Officials of the Ministry of Health and Family Welfare and the Ministry of Ayush report to the Department-related Parliamentary Standing Committee on Health and Family Welfare[cite: 14].
• (b) Subject Reviewed: Co-location of AYUSH facilities at Primary Health Centres (PHCs), Community Health Centres (CHCs), and District Hospitals (DHs), and establishing separate AYUSH departments across States/UTs[cite: 14].
• (c) Committee's Recommendation: The Committee recommended that the Ministry urge States and Union Territories that lack separate AYUSH Departments to establish them for faster implementation of healthcare schemes[cite: 14].
• (d) Government's Action-Taken Reply: The Ministry responded that Public Health is a State subject under the Seventh Schedule, meaning creation of departments falls under state jurisdiction[cite: 14]. It reported that it had persuaded 24 States and UTs to establish separate AYUSH Directorates[cite: 14].

Under the constitutional principle of the Power of the Purse, the government cannot levy any tax or withdraw funds from the Consolidated Fund of India without statutory Parliamentary approval (Article 265 and 266)[cite: 14]:

• Public Trust: State revenue is public money collected from citizens through income tax, corporate levies, and GST[cite: 14].
• Targeted Development: Parliamentary oversight ensures taxes are allocated to public priorities like schools, hospitals, rural electrification, and defense infrastructure, rather than wasted[cite: 14].
• Financial Auditing: The Public Accounts Committee (PAC) examines the Comptroller and Auditor General (CAG) audit reports to verify that state expenditures adhere strictly to the approved budget allocations[cite: 14].

The framers placed Chapter I (The Executive) before Chapter II (Parliament) in Part V for institutional reasons[cite: 14]:

• Continuity of the State: While Parliament meets periodically in sessions, the Executive runs the administration continuously, ensuring that national defense, diplomacy, and law enforcement proceed without interruption[cite: 14].
• Head of the State: The President heads the Union, and all executive and legislative actions are taken in the President's name; it was logical to define the Head of State first[cite: 14].
• Constitutional Symbiosis: Introducing the Executive first sets the stage for Chapter II, which establishes Parliament's power to hold that Executive accountable[cite: 14].

While the presidential system relies on a rigid separation of personnel, India's parliamentary democracy practices a functional separation of powers with mutual checks and balances[cite: 14]:

• Functional Differentiation: The Legislature crafts laws and approves budgets; the Executive implements them; the independent Judiciary interprets them[cite: 14].
• Legislative Oversight Over Ministers: Backbench MPs and opposition parties hold ministers accountable using Question Hour, debates, committee hearings, and censure motions[cite: 14].
• Independent Judiciary: The judicial branch remains separate from both the Legislature and Executive, equipped with the power of judicial review to strike down unconstitutional actions[cite: 14].

Concentrating all power in a single governmental organ would lead to authoritarianism and erode fundamental rights[cite: 14]:

• If the Legislature held unchecked power: It could pass discriminatory, majoritarian laws, restrict civil liberties, and avoid independent judicial review[cite: 14].
• If the Executive held unchecked power: The government could govern by decree, suppress opposition, misuse police and tax authorities, and rule without legislative accountability[cite: 14].
• If the Judiciary held unchecked power: Unelected judges could take over executive and legislative functions, weakening the democratic authority of elected representatives[cite: 14].

1. Judicial Requests to Lawmakers to Review/Clarify Laws:

• Motor Vehicles Act, 1988: In 2024, the Supreme Court clarified light motor vehicle (LMV) transport licensing rules and urged Parliament to update the statute to remove ambiguities[cite: 14].
• Uniform Civil Code (Article 44): Courts have repeatedly suggested that the legislature consider a uniform civil code to ensure gender equality across personal laws[cite: 14].
• Striking Down NJAC (2015): The Court struck down the 99th Amendment establishing the National Judicial Appointments Commission, upholding the primacy of judicial independence[cite: 14].
• Right to Privacy (K.S. Puttaswamy 2017): The Court declared privacy a Fundamental Right under Article 21, prompting legislative review of data protection rules[cite: 14].

2. Questioning Implementation of Laws:

• MGNREGA Wages (2016): Intervened to order timely wage disbursements for rural employment guarantee workers[cite: 14].
• Right to Information (2013): Directed public authorities to fill information commissioner vacancies to prevent RTI delays[cite: 14].
• Environmental Compliance: Enforced the Water and Air Acts through court directions to halt toxic industrial discharges into rivers like the Ganga and Yamuna[cite: 14].

Most Indian states feature a Unicameral Legislature (a single house, the Legislative Assembly / Vidhan Sabha)[cite: 14]. Six states—Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana—maintain a Bicameral Legislature with both a Vidhan Sabha and a Vidhan Parishad[cite: 14].

• Unicameral Advantages: Faster legislative passage, reduced public expenditure, and direct accountability to the electorate.
• Bicameral Advantages: Provides a second chamber to review hasty legislation and representation for educators, local bodies, and graduates, bringing non-partisan perspective to debates[cite: 14].

Delivered during his 1996 confidence motion debate, this statement expresses core democratic principles[cite: 14]:

• Primacy of the Nation: Reminds leaders that political parties, coalitions, and governments are temporary instruments; the welfare of the republic and its democratic constitution must always come first[cite: 14].
• Graceful Power Transitions: Respecting electoral mandates—accepting power or returning to the opposition with humility—ensures stability and preserves public trust[cite: 14].
• Preserving Norms: Even during heated political competition, parliamentarians must protect the decorum, institutions, and constitutional rights of all citizens[cite: 14].

A review of parliamentary sittings shows a clear downward trend in the number of working days[cite: 14]:

In 2021, Chairman M. Venkaiah Naidu reported that Rajya Sabha productivity fell from ~78% (2004–2014) to ~65%, with single-session lows dipping to 6.8% and an annual low of 35.75% in 2018 due to disruptions[cite: 14]:

• Loss of Deliberation Time: Frequent disruptions reduce the time available to debate complex national legislation[cite: 14].
• Weakening the Federal Balance: As the Council of States, the Rajya Sabha reviews national laws from a state perspective; disruptions limit opportunities to present regional concerns[cite: 14].
• Diminishing Public Trust: High absenteeism and repeated adjournments waste taxpayer money and can erode public confidence in parliamentary institutions[cite: 14].

Sample Field Study (State Legislative Assembly):[cite: 14]

• Institutional Model: Unicameral assembly comprising directly elected MLAs representing territorial constituencies[cite: 14].
• Principal Officers: Speaker, Deputy Speaker, Leader of the House (Chief Minister), and Leader of the Opposition[cite: 14].
• Legislative Output: Enacts statutes on State List subjects (health, agriculture, municipal services) and scrutinizes the state budget during Budget Sessions[cite: 14].
• Oversight Work: Standing committees review departmental allocations, while Question Hour allows MLAs to question state ministers on local issues[cite: 14].

Interviews with elected representatives highlight four recurring operational challenges[cite: 14]:

• Short Session Lengths: Many state assemblies convene for fewer than 30 days per year, leaving limited time to debate regional bills thoroughly.
• Frequent Disruptions: Heated partisan debates sometimes displace substantive discussions on civic concerns like drainage, roads, and drinking water[cite: 14].
• Limited Research Support: Unlike national MPs, state legislators often lack dedicated research staff to review technical policy documents and budget statements.
• Constituency Balancing: MLAs must divide limited time between meeting individual local constituents and participating in legislative sessions[cite: 14].

Parliamentary seat allocation is determined by state population data, balancing representation across regions[cite: 14]:

The Indian Parliament serves as the primary forum for public opinion, using several institutional mechanisms to reflect diverse views[cite: 14]:

• Broad Representation: 543 Lok Sabha MPs directly represent geographic constituencies, while 245 Rajya Sabha members represent states, bringing rural, urban, and regional concerns into national policy debates[cite: 14].
• Question Hour: The opening hour of parliamentary days allows MPs across parties to question ministers directly on government programs and public concerns[cite: 14].
• Zero Hour and Special Debates: Permits members to raise urgent public matters without advance notice, ensuring pressing local events receive national attention.
• Departmental Standing Committees: Work in multi-party groups behind closed doors, reviewing bills in detail and hearing testimony from civil society experts[cite: 14].

The Constituent Assembly rejected a rigid executive in favor of parliamentary accountability for distinct historical reasons[cite: 14]:

• Preventing Authoritarian Rule: Decades of unrepresented colonial executive rule made the framers determined to avoid unchecked power in the hands of a single leader[cite: 14].
• Continuous Accountability: Rather than facing voters only every few years, the government must justify its actions continuously on the floor of Parliament[cite: 14].
• Protecting Pluralism: Requires ministers to respond to questions from varied regional, linguistic, and political backgrounds across the House[cite: 14].

India adopted a two-house parliament at the national level to address its continental scale and diversity[cite: 14]:

• Balancing Popular and Federal Voice: The Lok Sabha represents national population proportions, while the Rajya Sabha ensures states have an institutional voice, protecting federal interests[cite: 14].
• Careful Second Review: The Upper House acts as a reviewing chamber, allowing bills passed quickly in the lower house to be reconsidered and refined[cite: 14].
• Including Specialized Expertise: The President's nomination of 12 distinguished figures in literature, art, and science brings independent, non-political perspectives to national debates[cite: 14].
• Maintaining Legislative Continuity: Because the Rajya Sabha is a permanent body that never dissolves entirely, it provides continuity during elections or emergencies[cite: 14].

The passage of the Nari Shakti Vandan Adhiniyam (The Constitution 106th Amendment Act, 2023) followed a long legislative path[cite: 14]:

• Initial Introduction (1996): First introduced under the Deve Gowda government, but stalled repeatedly due to disagreements over seat quotas and OBC sub-reservations[cite: 14].
• Passed in Rajya Sabha (2010): Approved by the Upper House in 2010, but lapsed when the 15th Lok Sabha dissolved without passing it[cite: 14].
• Re-introduction and Passage (September 2023): Re-tabled in the new Parliament building (Samvidhan Sadan) on September 19, 2023; passed by the Lok Sabha (454 to 2) on September 20, and passed unanimously by the Rajya Sabha on September 21[cite: 14].
• Presidential Assent: Signed into law by President Droupadi Murmu on September 28, 2023, concluding a 27-year effort to reserve 33% of seats for women in the Lok Sabha and State Assemblies[cite: 14].

Model Parliamentary Script: Passage of the Reservation Bill[cite: 14]

• Act I — Lok Sabha:
  Speaker: "Order in the House. The Union Law Minister will move the Women's Reservation Bill."[cite: 14]
  Law Minister: "Honorable Speaker, this bill reserves 33% of seats in the Lok Sabha and Assemblies for women, empowering half our population."[cite: 14]
  Opposition MP: "We welcome the bill, but urge early census delimitation to implement it without delay."[cite: 14]
  Speaker: "Those in favor, say 'Aye'; those against, 'No'. The Ayes have it. The Bill is passed to the Rajya Sabha."[cite: 14]
• Act II — Rajya Sabha:
  Chairman: "The House considers the bill passed by the Lok Sabha."[cite: 14]
  Upper House MP: "A historic measure for our federal democracy. We support it fully."[cite: 14]
  Chairman: "The bill is carried unanimously and sent for Presidential assent."[cite: 14]
• Act III — Rashtrapati Bhavan:
  President: "After reviewing the bill passed by both Houses, I give my assent. It is now an Act."[cite: 14]

The 25-year delay in passing the bill was shaped by several political and social dynamics[cite: 14]:

• Disagreements on Quota Design: Parties debated whether to include sub-reservations for Other Backward Classes (OBC) and minority women within the 33% quota[cite: 14].
• Fears of Seat Reallocation: Rotating reserved seats raised concerns among incumbent male legislators about losing their established constituencies[cite: 14].
• Fragile Coalition Politics: During the coalition era (1996–2014), leading parties often set aside controversial reforms to avoid friction with regional alliance partners.
• Shifting Political Will: While parties endorsed the reform in campaign manifestos, it was rarely prioritized for floor votes until broad consensus was reached in 2023[cite: 14].

Repeated disruptions that halt legislative sessions create clear structural problems[cite: 14]:

• Hurried Law-Making: When session time is lost to adjournments, important bills are sometimes passed with minimal debate, leaving potential drafting flaws unexamined[cite: 14].
• Bypassing Public Inquiries: Disruptions cancel Question Hour, allowing executive departments to avoid direct public questioning on policy shortcomings[cite: 14].
• Weakening Public Trust: Citizens lose confidence when parliamentary debates are replaced by shouting matches, leading to cynicism about representative institutions[cite: 14].
• Financial Cost: Running parliamentary sittings involves public funds; disruptions waste taxpayer money without delivering legislative work[cite: 14].

Constitutional subject lists separate the jurisdictions of MPs (Union/Concurrent List) and MLAs (State/Concurrent List)[cite: 14]: