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📖 Social Skills

Std 8
Books Book Guide
1 2 3 4 5 6 7
Chapters
1 Natural Resources and Their Use 2 Reshaping India’s Political Map 3 The Rise of the Marathas 4 The Colonial Era in India 5 Universal Franchise and India’s Electoral System 6 The Parliamentary System: Legislature and Executive 7 Economic Life Around Us
6
Chapter 6
Skill: 75%

The Parliamentary System: Legislature and Executive

The Parliamentary System: Legislature and Executive

Chapter at a Glance

This chapter details the structure, functions, and divisions of India's parliamentary system, focusing on the Legislature and the Executive at both the Union (Central) and State levels, and the critical checks and balances provided by the independent Judiciary. It explains the bicameral structure of Parliament (Lok Sabha and Rajya Sabha) and details how laws are made through the journey of a bill. It contrasts the roles of the Legislature (making laws, holding the executive accountable, financial checks) with the Executive (enforcing laws, running day-to-day administration). Finally, it outlines the parallel structures of state governments (unicameral/bicameral legislatures, Governors, Chief Ministers) and details contemporary challenges such as reduced productivity and disruptions in legislative houses.

Key Definitions & Terminology

  • Bicameral System: A legislative body divided into two separate chambers or houses (e.g., Lok Sabha and Rajya Sabha at the center; Vidhan Sabha and Vidhan Parishad in some states).
  • Unicameral System: A legislative body consisting of only one house (the Legislative Assembly or Vidhan Sabha).
  • Legislature: The branch of government responsible for making, amending, and debating laws for the country or state.
  • Executive: The branch of government responsible for implementing, enforcing, and administering the laws passed by the legislature.
  • Judiciary: The branch of government responsible for interpreting and applying the laws, resolving disputes, and acting as the custodian of the Constitution.
  • Bill: A draft of a proposed law introduced in parliament for discussion and approval.
  • Act: A bill that has been passed by both houses of Parliament and has received the President's assent, formally making it law.
  • Standing Committee: A permanent parliamentary committee consisting of MPs that scrutinizes bills, reviews government ministries, and makes recommendations.
  • Question Hour: A scheduled period (usually the first hour of a parliamentary sitting) where MPs ask ministers questions to hold the executive accountable for policies.
  • Sengol: A gold-plated silver sceptre dating back to the Chola period, handed to PM Nehru in 1947 to mark the transfer of power, symbolizing righteous rule guided by dharma. It is placed near the Speaker's chair in the Lok Sabha.
  • Federalism: A form of government where power is distributed and shared between a central authority, state governments, and local bodies.
  • Union List, State List, and Concurrent List: Constitutional divisions of legislative power:
  • Union List: Matters where only the central Parliament can legislate (e.g., defense, foreign affairs).
  • State List: Matters where only State assemblies can legislate (e.g., public health, police).
  • Concurrent List: Matters where both center and states can legislate (e.g., education, environment).

Formulas, Rules & Properties

  • Composition of Parliament:
    $$\text{Parliament} = \text{President} + \text{Lok Sabha} + \text{Rajya Sabha}$$
  • Union Executive Composition:
    $$\text{Union Executive} = \text{President} + \text{Vice President} + \text{Council of Ministers headed by the Prime Minister}$$
  • Parallel State Structures:
  • Constitutional Head: President at the Union level; Governor at the State level (appointed by the President).
  • Executive Head: Prime Minister (Union de facto leader); Chief Minister (State de facto leader).
  • Bicameral States in India:
  • Only 6 states have a bicameral legislature (Vidhan Sabha and Vidhan Parishad): Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
  • Rajya Sabha (Council of States):
  • Permanent house (never dissolved); members serve 6-year terms; one-third retire every two years.
  • Total members: 245 (233 elected indirectly by state MLAs using a single transferable vote, 12 nominated by the President).

Core Concepts & Topics

  • Origin of Procedures:
  • Drawn from Britain's Westminster model, combined with the memory of ancient Indian republics (mahajanapadas) and village panchayats (traditional collective decision-making).
  • Journey of a Bill (Case Study: RTE Act, 2009):
  • Rooted in the Directive Principles of State Policy, and declared a Fundamental Right under Article 21A (via the 86th Constitutional Amendment Act, 2002).
  • Tabled as a bill in the Rajya Sabha in 2008; scrutinized by a standing committee regarding funding and teacher requirements.
  • Passed by the Lok Sabha and Rajya Sabha in 2009; received Presidential assent, published in the Gazette, and enacted as law.
  • Separation of Powers & Checks and Balances:
  • The Legislature makes laws and checks the Executive via Question Hour, Standing Committees, and budget control.
  • The Executive implements laws and prepares the budget, but is answerable to the Legislature.
  • The Judiciary interprets laws and has the power of judicial review to strike down any unconstitutional acts of the Legislature or actions of the Executive.
  • Poetry and Humor in Parliament:
  • Reciting classical literature: e.g., Finance Minister Nirmala Sitharaman quoting Tirukkural: "Just as living beings live expecting rains, Citizens live expecting good governance."
  • Poetic critiques: e.g., Sushma Swaraj's verse in 2011 criticizing leadership ("teri rahbari ka sawal hai"), and PM Manmohan Singh's witty response ("tu mera shauq dekh mera intezar dekh").
  • Ministerial Moral Responsibility:
  • Illustrated by Railway Minister Lal Bahadur Shastri, who resigned in 1956 following a train accident, setting a high standard of moral accountability.
  • Challenges to Functioning:
  • Decline in productivity: e.g., Rajya Sabha productivity fell from $78\%$ (2004–2014) to $65\%$, with the lowest recorded productivity at $35.75\%$ in 2018 due to persistent disruptions.
  • High absenteeism, reduced debate hours (average sittings dropped from 677 in the 1st Lok Sabha to 356 in the 13th Lok Sabha), and candidates with pending criminal records.

Worked Examples

  • Executive Accountability to the Legislature (Page 161 Q3):
  • Problem: Why do you think the Constitution made the Executive responsible to the Legislature?
  • Solution: Making the Executive (Prime Minister and Council of Ministers) collectively responsible to the Legislature (specifically the Lok Sabha) is key to preventing authoritarianism. Since MPs are directly elected by the citizens, they represent the will of the people. By forcing the Executive to justify their daily actions, answer questions during Question Hour, submit policies to Standing Committees, and seek legislative approval for the national budget, the Constitution ensures that the government functions with the consent of the governed. If the Executive loses the support of the majority of the Legislature, it can be voted out through a no-confidence motion, ensuring democratic accountability.
  • Union Bicameralism (Page 161 Q4):
  • Problem: Why do you think we have chosen the system of bicameral legislature at the Union level?
  • Solution: The Constitution makers chose a bicameral system (Lok Sabha and Rajya Sabha) for two primary reasons:
    1. Prevention of Hasty Legislation: A second chamber ensures that all bills passed by the directly elected Lok Sabha are re-examined, debated, and scrutinized calmly, preventing the passage of rash or ill-considered laws.
    2. Ensuring Federal Representation: While Lok Sabha represents the national population directly, the Rajya Sabha (Council of States) represents the interests of the constituent states of the Indian union. This ensures that smaller states are not overshadowed by more populous ones, preserving the federal balance of the country.

Practical Activities & Experiments

  • Youth Parliament Simulation: Hold a mock parliamentary sitting in the classroom. Assign roles of the Speaker, Prime Minister, Ministers, and Opposition leaders. Conduct a mock "Question Hour" where opposition MPs question the Minister of Education about school infrastructure. Then, introduce a mock bill, debate it clause-by-clause, and vote on it.
  • Investigating Local Representatives: Have students divide into groups to research their local Member of Parliament (MP) and Member of Legislative Assembly (MLA). Identify: (a) which constituencies they represent, (b) which political parties they belong to, and (c) three major public issues they have raised recently in the Lok Sabha or State Assembly.
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