Class 8 Social Science Chapter 6: The Parliamentary System: Legislature and Executive
- 4 topics
- 100 MCQs
- 28 short answers
- 12 long answers
- 68 flashcards
- 20 games
- ~160 min read
- English
The Parliament of India
Three parts and not two, a second House argued for on federal grounds, four sources behind the design, and two presiding officers chosen two different ways.
What you will be able to do
- Trace the chain from a voter's choice to a working government.
- Name the three parts of Parliament and explain how each is filled.
- Explain what bicameral means and why India has two Houses.
- Identify the four sources of India's parliamentary design.
- Compare the two presiding officers and how each is chosen.
Key points
Voters elect the Lok Sabha directly, and a majority group among those members forms the government, which therefore governs by consent.
Parliament is the country's supreme lawmaking body: it makes law and it guides and controls what the government does.
Parliament has three parts, the President and the two Houses, and not two as is often assumed.
A bill becomes an act only with the President's assent, which is why that office belongs to Parliament.
Bicameral means two chambers; bi is two and cameral is chamber.
The Lok Sabha is elected directly with at most 550 members envisaged, and the Rajya Sabha indirectly by the state assemblies, both with seats allotted by population.
Two Houses were adopted because one directly elected House was thought inadequate, and because federalism called for a Council of States.
Britain inspired the parliamentary form, and the makers also drew on colonial procedure they had seen, the mahajanapadas and the village panchayats.
The Lok Sabha elects its own Speaker, while the Rajya Sabha is chaired by the Vice President of India.
Full explanation
Where a government's authority comes from
Independence settled who would decide, not how. The first large task of the free country was to write a Constitution, and that document set out the machinery this chapter describes. One of its foundational principles was universal adult franchise, which the previous chapter covered.
From votes to a government
Voters elect the members of the Lok Sabha directly. A majority group from among those elected members then forms the government. Put that chain together and the point becomes clear: the government exists because enough elected members support it, and those members are there because voters put them there.
What that chain is for
It means a government functions with the consent of the people rather than by its own authority. Nothing in the arrangement makes a government good. What it does is make a government removable, which is a different and more reliable guarantee.
Parliament is the country's supreme lawmaking body
It makes law for the country. Its members are all the people's representatives, whether elected or nominated, and it guides and controls what the government does. Two jobs, then: writing law, and watching the people who carry law out.
Three parts, not two
Here is the detail most often got wrong. The Indian Parliament consists of the President and two Houses. One is the Lok Sabha, also called the House of the People or the Lower House. The other is the Rajya Sabha, the Council of States or Upper House.
Why the President belongs to it
Because a bill does not become an act without the President's assent. If you leave the President out of your picture of Parliament, the last step of lawmaking has nowhere to sit. Membership of the Houses and membership of Parliament are not the same thing.
The word bicameral
A legislature with two Houses is called bicameral. The word is worth taking apart: bi means two and cameral means chamber or house. So it describes the structure and nothing else. It says nothing about parties, and nothing about how either chamber is filled.
How the Lok Sabha is filled
The people choose their representatives for it by direct election, on the basis of universal adult suffrage. The Constitution envisages a maximum of 550 members for this House. Seats are allotted to states according to population, so a populous state sends more members than a small one.
How the Rajya Sabha is filled
Its members are elected indirectly, by the electoral college described in the previous chapter, which means the elected members of the state assemblies. The number of seats a state gets here is also based on its population.
The counting of Lok Sabhas
There have been seventeen Lok Sabhas since the first, which was constituted in 1952. The eighteenth was constituted in June 2024. Each one is a separate House with its own membership, which is why they are numbered rather than treated as one continuous body.
Why have two Houses at all
The Constituent Assembly discussed this at length. The view that prevailed was that a single directly elected House would not be enough for the challenges an independent India would face, and that federalism required a Council of States.
Federalism, and what follows from it
India practises federalism, a form of government in which power is distributed between the centre, the states and local governments. The system is meant to hold a balance between national unity and local interests. The second House is one of the places that balance is built in. Its composition is different and its method of election is different, both on purpose. A House chosen by the state assemblies speaks for the states as states, not as a collection of constituencies, which a directly elected House cannot do by its nature.
Borrowed from Britain, and not only Britain
Several features of the Indian Constitution were drawn from other countries, and Britain's system inspired the parliamentary form here. But the makers had other sources too, and the chapter is careful to list them.
The other three sources
They had practical experience of British colonial governance structures, limited though their part in it was, which gave them familiarity with parliamentary procedure. They had the memory of the ancient republics, the mahajanapadas. And they had the village panchayats, where elders took decisions collectively.
Who keeps order in each House
Each House has a presiding officer, whose job is to see that debate and discussion are conducted in an orderly way. The members of the Lok Sabha elect a Speaker for the purpose. A Speaker runs the sittings, decides who may speak, keeps discipline, and sees the rules are kept.
And in the other House
In the Rajya Sabha the chair is taken by India's Vice President, as that House's chairperson. Notice the difference: one presiding officer is elected by the House itself, the other holds a separate constitutional office and chairs the House as part of it.
The Sengol
On 14 August 1947 Jawaharlal Nehru was handed the Sengol, a gold-plated silver sceptre, as a symbol of the transfer of power. Today it stands beside the Speaker's chair in the new chamber. Its origins are in the Chola period, when a new ruler received it as a reminder that dharma must guide whatever power he held. Nandi sits at its top as a figure of justice.
Two buildings
The old Parliament House, built in the 1920s, is now called Samvidhan Sadan. The Constituent Assembly met there, and it served as Parliament House for more than seven decades. The new building, Sansad Bhavan, was put up to meet growing needs of capacity, technology, sustainability and safety.
Concepts and terms
A legislature built of two chambers. Bi means two and cameral means chamber, so the word describes structure alone and says nothing about parties or about how either House is filled.
The supreme legislative body, made up of the President and the two Houses. It makes law for the country and it guides and controls what the government does.
A form of government in which power is distributed between the centre, the states and local governments, so as to hold a balance between national unity and local interests.
The person who sees that debate in a House is orderly. The Lok Sabha elects a Speaker; the Rajya Sabha is chaired by the Vice President of India.
An arrangement in which a government holds office only while a majority of the directly elected members support it. It does not promise good government, but it makes a government removable.
Traps to avoid
Common misconceptions
A visit to two buildings
Scenario:
A class visiting Delhi is shown two Parliament buildings standing near each other. The older one was put up in the 1920s and is now called Samvidhan Sadan. The Constituent Assembly met in it, and it did duty as Parliament House for seven decades and more. The newer one is called Sansad Bhavan. It was built for capacity, technology, sustainability and safety. A student asks why the old building was not simply enlarged. Another asks why it was kept at all, rather than taken down to make room.
Analysis:
A legislature is a set of rules about who decides what, and the hall it sits in is a convenience. Keeping the old hall is a way of keeping the record of how those rules were agreed.
Activity:
Find out what your own state assembly building was before it became an assembly, if it was anything else.
Count your own representatives
Title:
Count your own representatives
Safety:
Reading and arithmetic only.
What You Notice:
The two numbers are not the same, and both follow from population rather than from the size of the state on a map.
Did you know
The Sengol, a gold-plated silver sceptre of Chola origin, was handed to Jawaharlal Nehru on 14 August 1947 and now stands near the Speaker's chair.
The old Parliament House of the 1920s, now Samvidhan Sadan, housed the Constituent Assembly and served as Parliament House for more than seven decades.
The Constitution envisages a maximum of 550 members for the Lok Sabha, which is a ceiling rather than the number currently elected.
Memory tricks
The three parts of Parliament — PRESIDENT, PEOPLE, STATES — The President, the House of the People, and the Council of States.
The four sources of the design — BRITAIN, PRACTICE, REPUBLICS, PANCHAYATS — Britain's system, experience of colonial procedure, the ancient mahajanapadas, and the village panchayats.
Practice MCQs with answers (25)
- A voters elect the Prime Minister, who then picks the members
- B voters elect Lok Sabha members, and a majority group governs
- C the President appoints members, who elect a government
- D state assemblies elect the Lok Sabha, which elects a cabinet
Show answer
Why:
Two steps, and the second happens inside the House.
- A free to act without explaining itself to anybody
- B guaranteed to govern well for as long as it holds support
- C removable, because its support is held in an elected House
- D chosen directly by the voters rather than by members
Show answer
Why:
Consent makes a government removable, not good.
- A selects the candidates each party may field
- B appoints the judges who interpret the law
- C collects and spends the whole public revenue
- D makes the law for the country as a whole
Show answer
Why:
It also guides and controls the government's work.
- A the Lok Sabha and the Rajya Sabha, and nothing else
- B the President, plus the Lok Sabha and the Rajya Sabha
- C the Prime Minister, the Council of Ministers and both Houses
- D the Lok Sabha alone, since the other House is advisory
Show answer
Why:
Three parts, which is the detail most often missed.
- A the President is elected by the members of both of the Houses
- B the President chairs the sittings of both the Houses
- C a bill cannot become an act without the President's assent
- D the President may vote whenever a division is close
Show answer
Why:
Leave that office out and lawmaking has no last step.
- A a chamber that sits twice in every calendar year
- B a legislature in which two parties hold all the seats
- C a system where two Houses are elected on the same day
- D a legislature built out of two separate chambers
Show answer
Why:
Bi is two and cameral is chamber.
- A 550 members
- B 250 members
- C 750 members
- D 543 members
Show answer
Why:
A ceiling, not the number currently elected.
- A the voters of each state, on the same day as the Lok Sabha
- B an electoral college of elected members of state assemblies
- C the members of the Lok Sabha, sitting as one body
- D the Governors of the states, on the President's advice
Show answer
Why:
The same college described in the previous chapter.
- A its revenue, for the Lok Sabha, and area for the Rajya Sabha
- B its land area, which is the basis used for both Houses
- C its population, which is the basis used for both Houses
- D an equal allotment to every state in both of the Houses
Show answer
Why:
Which is why equal states do not send equal numbers.
- A Both true, and the reason explains the assertion
- B Both true, but the reason does not explain it
- C The assertion is true and the reason is false
- D The assertion is false and the reason is true
Show answer
Why:
Both are correct, but where the House meets does not explain the numbering. That each Lok Sabha has its own elected membership does.
- A 1962
- B 1947
- C 1950
- D 1952
Show answer
Why:
Seventeen have followed it.
- A one directly elected House would not meet the challenges ahead
- B two Houses would allow twice as many laws to be passed
- C a second House was needed in order to elect the President himself
- D the British Parliament had two, so India had to have two
Show answer
Why:
Federalism supplied the second argument.
- A the legislature, the executive and the judiciary
- B the centre, the states and local governments
- C the Lok Sabha, the Rajya Sabha and the President
- D the Union List, the State List and the Concurrent List
Show answer
Why:
Three levels, balancing unity against local interests.
- A I, II and III, since all three were deliberate choices
- B I and II only, because it speaks for constituencies
- C II and III only, because its composition copies the other House
- D III only, because the rest were accidents of drafting
Show answer
Why:
Different on purpose, and for that purpose.
- A the memory of the ancient republics, the mahajanapadas
- B the practical experience of colonial governance structures
- C a model constitution drafted for India by the United Nations
- D the village panchayats where elders decided together
Show answer
Why:
Britain inspired the form; the rest are these three.
- A control over the drafting of the Union List
- B a majority in the first Lok Sabha after independence
- C the right to amend the Government of India Act
- D familiarity with parliamentary procedure itself
Show answer
Why:
Experience of procedure, limited though the part was.
- A a Speaker, elected by the members of that House
- B the Vice President, who chairs it as part of the office
- C the Prime Minister, as leader of the majority group
- D the President, who summons and addresses the House
Show answer
Why:
The other House is chaired differently.
- A conducting the sessions of the House
- B deciding which bills the government may introduce
- C allowing members to speak in the House
- D maintaining discipline and seeing rules are followed
Show answer
Why:
Four duties are listed, and that is not one.
- A the senior-most member of the governing party
- B a Speaker elected by the members of that House
- C the Vice President of India, as its chairperson
- D the President of India, whenever that House sits
Show answer
Why:
A separate office, chairing as part of its duties.
- A one serves for five years, the other for a single session
- B one may vote on bills, while the other may never vote
- C one is chosen by the President, the other by the members
- D one is elected by the House, the other holds another office
Show answer
Why:
Elected from within, against chairing ex officio.
- A 14 August 1947, to Jawaharlal Nehru
- B 15 August 1947, to Rajendra Prasad
- C 26 January 1950, to Jawaharlal Nehru
- D 26 November 1949, to B. R. Ambedkar
Show answer
Why:
It marked the transfer of power.
- A that a ruler held land by grant from a temple
- B that a ruler's power must be guided by dharma
- C that a ruler had been chosen by an assembly
- D that a ruler's heir had been formally named
Show answer
Why:
Nandi sits at its top as a figure of justice.
- A Samvidhan Sadan, where the Supreme Court first sat
- B Sansad Bhavan, where the Constituent Assembly met
- C Samvidhan Sadan, where the Constituent Assembly met
- D Sansad Bhavan, where the first Lok Sabha was sworn in
Show answer
Why:
It was built in the 1920s.
- A the need to house the Supreme Court in the same place
- B symbolism, tradition, security and expense
- C the growth of the Rajya Sabha beyond its old chamber
- D capacity, technology, sustainability and safety
Show answer
Why:
Practical reasons rather than symbolic ones.
- A nothing at all, since they come from the Constitution
- B its membership, which depends on the seating available
- C its lawmaking procedure, which the Speaker sets locally
- D the number of states represented in the upper House
Show answer
Why:
A legislature is a set of rules, not a room.
Important short questions (7)
Voters elect the members of the Lok Sabha directly. A majority group among those elected members then forms the government, so it governs with the people's consent.
Because a bill becomes an act only with the President's assent. Leaving that office out of the picture leaves the last step of lawmaking with nowhere to belong.
Bi means two and cameral means chamber, so a bicameral legislature has two Houses. It says nothing about parties, or about how either House is filled.
One directly elected House was thought inadequate for the challenges independent India would face. Federalism called for a Council of States.
A form of government distributing power between the centre, the states and local governments. It is meant to balance national unity against local interests.
Britain's system, the makers' own experience of colonial governance structures, the memory of the ancient mahajanapadas, and the village panchayats.
The Lok Sabha elects a Speaker from among its own members. The Rajya Sabha is chaired by the Vice President, who holds a separate constitutional office.
Long answer questions (3)
Parliament consists of three parts: the two Houses, and the President as well. The lower House, the House of the People, is elected directly by the voters on universal adult suffrage, and the Constitution envisages at most 550 members. The Rajya Sabha, the Council of States, is elected indirectly by an electoral college of the elected members of the state assemblies. Seats in both Houses are allotted according to population. The President is not elected by either House and belongs to Parliament because no bill becomes an act without that assent.
The Constituent Assembly discussed the question at length. It concluded that a single directly elected House would not be adequate for the challenges ahead. Federalism supplied the second reason. Power here is distributed between the centre, the states and local governments. A Council of States was wanted so the states had a voice. The composition and the method of election were both made different on purpose. A House chosen by the state assemblies can speak for states as states, which a directly elected House cannot do.
Britain's system inspired the parliamentary form, and several features of the Constitution were drawn from other countries. But the makers had three further sources. They had practical experience of colonial governance structures, limited though their part in it was, which gave them familiarity with parliamentary procedure. They had the memory of the ancient republics, the mahajanapadas. And they had the village panchayats, where elders decided collectively. The full answer matters because a design described as wholly borrowed looks imposed, while one with Indian sources looks chosen.
Flashcards (17)
Play this topic
- Which House, or neither?
- Match each term to its meaning
- Fact or myth
- Match each office to what it does here
- Put these in the order the chapter gives them
How a Bill Becomes an Act
The route a draft law has to travel, why it is deliberately long, the one bill that cannot choose its House, and nineteen years of the right to education.
What you will be able to do
- Distinguish a bill, an act and a law, and say when each becomes the next.
- Set out the stages of lawmaking in order, with the committee qualification.
- Explain what a clause, a standing committee and the Gazette are.
- State the restrictions on a Money Bill and the reason for them.
- Trace the route of the RTE from Directive Principle to act.
Key points
A law ordinarily comes into force through an act, and an act begins as a bill, which is a draft needing Parliament's approval.
A bill may be amended, defeated or left alone and binds nobody, while an act binds, which is why the distinction matters.
Most bills may be introduced in either House; the RTE was in fact tabled in the Rajya Sabha.
The reading stage began in the British Parliament, where a clerk read the bill out because many members could not read.
A standing committee is permanent as a structure though its members may change, and not every bill is referred to one.
Clauses are the parts of a bill that set out its details, and the House votes on amendments to them one at a time.
After one House passes a bill the whole process is repeated in the other, then the President assents and the Gazette notifies it.
A Money Bill concerns taxation and borrowing, may begin only in the Lok Sabha, and needs the President's prior recommendation.
The RTE's roots lie in the Directive Principles; a court argument tied education to the right to life, the 86th Amendment inserted Article 21A in 2002, and the act came in August 2009.
Full explanation
The primary job
Making law is the first of the things a legislature exists to do. The Constitution does not leave the method to habit: it sets out an elaborate and demanding route, and the length of that route is deliberate.
Three words, in order
A law ordinarily comes into force through an instrument that is called an act, and every act begins life as a bill. A bill is a proposed law in draft. The bill has to be approved by Parliament before it can be enacted, and until then it is a draft and nothing more.
Why the distinction matters
Newspapers use the two words loosely and it causes real confusion. A bill can be amended, defeated, or simply left alone. Nothing in it binds anybody. An act does. The moment at which one becomes the other is therefore worth knowing exactly.
Where a bill starts
Most bills may be introduced in either House of Parliament. That is a real choice, not a formality, and the chapter's own example began in the upper House rather than the lower one.
Reading, and where the name comes from
The bill is read. The practice began in the British Parliament, where many members could not read, so a clerk would read the contents out for members to discuss. Today members read the bill themselves before the discussion takes place, and the stage keeps its old name.
The committee stage
A bill may be referred to a standing committee, which is a permanent committee of members of Parliament. The membership can change while the committee as a structure continues. It scrutinises what the government is doing, makes recommendations, and asks questions about actions taken.
An important qualification
Not every bill goes to a committee. The step exists and is used, but it is available rather than compulsory, which is a detail the flow diagram of the process hides.
Clause by clause
A bill is made of clauses, which are the parts that set out its specific details. The RTE's clauses, for instance, fix the age group it applies to. At this stage the House discusses the clauses one at a time and votes on amendments to them.
The vote, and then again
Then the House votes on the bill as a whole. If it passes, the entire process is repeated in the other House. Two Houses means two full examinations, which is a large part of what the second House is for.
Assent, and the Gazette
After both Houses have passed it, the bill goes to the President for assent. Then comes notification in the Gazette, the official government publication where legal documents and formal notices are announced. Only after all of this is there an act.
One bill that cannot choose its House
A Money Bill is concerned with financial matters, including taxation and government borrowing. Only the Lok Sabha may take one up, and even in that House it cannot be brought in without the President having recommended it first.
Why that exception exists
Money bills are about public revenue, and the Lok Sabha is the House the public elects directly. Putting the beginning of such a bill in the directly elected House ties the power of taxing most closely to the people who pay.
A law with a long story
The chapter follows one act the whole way. Its full name is the Right to Education Act, 2009 and everybody calls it the RTE. It came into existence in August 2009, but the idea behind it was about a century older.
Where the idea came from
Its roots are in that part of the Constitution called the Directive Principles. The makers of the Constitution wanted it implemented within a decade of independence. That did not happen, and the consequence was countless children with no access to education.
The argument in court
In the early 1990s somebody argued in court that the right was already inside the Fundamental Rights, specifically the right to life, because education is needed to lead a meaningful life. That argument reframed the whole question: not a goal the state should pursue, but a right it was already bound by.
The amendment
Some years after that, Parliament acted at last, through the 86th Constitutional Amendment Act of 2002. It inserted Article 21A, under which the state must give every child between the ages of six and fourteen a free and compulsory education.
From amendment to bill
Six years after that, the bill was tabled in the Rajya Sabha. A committee studied it thoroughly and suggested modifications. The major debate was about funding, because new schools, buildings and teachers for millions of children would cost a great deal.
The decision, and what followed
By 2008 members judged it was time. Elections followed the next year, the incoming government took the matter up, and that August the Lok Sabha passed the bill. Assent followed, and it was an act. It has since created legal routes for children to attend school, led to new school buildings, and secured free books and uniforms. Those are the effects of a statute rather than of a principle, which is the difference the whole nineteen-year journey was about.
Concepts and terms
A proposed law in draft, which must be approved by Parliament before it can be enacted. It may be amended or defeated, and it binds nobody while it remains a bill.
A permanent committee of members of Parliament whose membership may change while the committee continues as a structure. It scrutinises government activity and asks questions about it.
A part of a bill that sets out one of its specific details, such as the age group to which the RTE applies. Clauses are discussed and amended one at a time.
An official government publication where legal documents and formal notices are announced. Notification in it is the last step of the lawmaking process.
A draft law on financial matters including taxation and government borrowing. It may be introduced only in the Lok Sabha, and only with the President's prior recommendation.
Traps to avoid
Common misconceptions
Why the RTE took so long
Scenario:
The makers of the Constitution wanted free and compulsory education in place within ten years of independence. It did not happen. In the early 1990s somebody argued in court that the right was already inside the right to life, since education is needed to live a meaningful life. The 86th Constitutional Amendment of 2002 then inserted Article 21A. It required the state to provide free and compulsory education for children aged six to fourteen. The bill was tabled six years after that. A committee studied it and proposed changes. The main dispute was cost: schools, buildings and teachers for millions of children. It was passed in 2009.
Analysis:
A right written as a direction to the state waited fifty years for a statute. The waiting was not indifference so much as arithmetic, which is why the committee stage mattered here.
Activity:
Find one other act whose idea is older than its date, and say where the idea first appears.
Chart one law's journey
Title:
Chart one law's journey
Safety:
Take care with the scissors.
What You Notice:
The order of the stages does not change when the starting House does, which is the point of allowing either.
Did you know
The reading stage of a bill is named after a time when a clerk read the contents out, because many members of the British Parliament could not read.
The idea behind the Right to Education Act was about a century older than the act itself, which came into existence in August 2009.
A Money Bill cannot even be introduced without the President's prior recommendation, on top of being confined to the Lok Sabha.
Memory tricks
The stages of lawmaking — INTRODUCE, READ, REFER, CLAUSE, VOTE, REPEAT, ASSENT, NOTIFY — The middle of the list happens twice, once in each House, and the last two happen only once.
The RTE's four stages — PRINCIPLE, COURT, AMENDMENT, ACT — A Directive Principle, a court argument in the 1990s, Article 21A in 2002, and the act in 2009.
Practice MCQs with answers (25)
- A a law that has been passed but not yet published
- B a draft of a proposed law awaiting Parliament's approval
- C an order issued by a ministry under some existing act
- D a recommendation made by a parliamentary committee
Show answer
Why:
Until approved it binds nobody.
- A a bill applies to states, while an act applies to the Union
- B a bill is secret, while an act is published openly
- C a bill binds nobody, while an act has legal force
- D a bill lasts five years, while an act lasts indefinitely
Show answer
Why:
One can be amended or defeated; the other binds.
- A in both Houses at once, to save time in the session
- B in the Lok Sabha only, because it is elected directly
- C in the Rajya Sabha only, because it is the permanent House
- D in either House of Parliament, as the mover chooses
Show answer
Why:
The RTE began in the Rajya Sabha.
- A the Speaker reads the title out formally before any debate
- B a clerk once read the bill out to members who could not read
- C members are each required to read the bill aloud in turn
- D the President reads the whole bill before giving assent
Show answer
Why:
The practice began in the British Parliament.
- A it may not be dissolved except by the President
- B its members hold their places for life once appointed
- C the structure continues even as its members change
- D it sits throughout the year without any recess
Show answer
Why:
Which is what standing means here.
- A asking questions on actions the government has taken
- B scrutinising the activities of the government
- C making recommendations about those activities
- D giving the final assent to a bill it has examined
Show answer
Why:
Assent belongs to the President alone.
- A no, because not all bills are referred to committees
- B yes, because the Constitution requires the scrutiny
- C yes, except for a bill the Speaker certifies as urgent
- D no, because committees were abolished in favour of debate
Show answer
Why:
The flow diagram of the process hides this.
- A an objection raised by a member during the debate
- B a part setting out one of the bill's specific details
- C a summary of the bill circulated before the reading
- D a note from the committee recommending a change
Show answer
Why:
The RTE's clauses fix the ages it applies to.
- A the bill is published in the Gazette at once
- B the bill goes straight to the President
- C the House votes on the bill as a whole
- D the committee reconsiders all its recommendations
Show answer
Why:
And then the other House repeats everything.
- A Both true, and the reason explains the assertion
- B Both true, but the reason does not explain it
- C The assertion is true and the reason is false
- D The assertion is false and the reason is true
Show answer
Why:
Both are correct, and the second is the reason: two Houses means two full examinations before the last two steps begin.
- A the Speaker's certificate, then notification in the Gazette
- B notification in the Gazette, then the President's assent
- C the committee's report, then the President's assent
- D the President's assent, then notification in the Gazette
Show answer
Why:
Only after both is there an act.
- A an official publication announcing legal documents
- B a register of every bill pending before Parliament
- C the record of debates held in both the Houses
- D a newspaper published by the Press Information Bureau
Show answer
Why:
Notification in it completes the process.
- A only in the Rajya Sabha, since that House represents the states
- B only in the Lok Sabha, and only on the President's recommendation
- C in either House, exactly like most other kinds of bill
- D in the Lok Sabha, without any prior recommendation at all
Show answer
Why:
Two restrictions, not one.
- A the budget of the Election Commission of India alone
- B the salaries paid to members of Parliament
- C financial matters such as taxation and borrowing
- D loans taken out by state governments from the banks
Show answer
Why:
Which is why its House is fixed.
- A the Constitution gives the Lok Sabha all financial powers
- B the upper House has no members with financial training
- C the Rajya Sabha meets too rarely to consider such bills
- D it ties the power of taxing to the people who pay the tax
Show answer
Why:
Public revenue, and the House the public elects.
- A in the Directive Principles of State Policy
- B in the Fundamental Duties that were added in 1976
- C in the Government of India Act of 1935
- D in a resolution of the first Lok Sabha
Show answer
Why:
The makers wanted it done within a decade.
- A the Directive Principles were removed from the Constitution
- B countless children were left without access to education
- C the states were barred from running any schools at all
- D the Supreme Court took over the running of schools
Show answer
Why:
A principle without a statute changed little.
- A that the Directive Principles were legally enforceable
- B that education was a duty of parents and not the state
- C that education was already part of the right to life
- D that school fees were a tax requiring a Money Bill
Show answer
Why:
Because education is needed to live meaningfully.
- A I, II and III, since each step is recorded in the chapter
- B I and II only, because no committee examined that bill
- C II and III only, because no amendment was needed first
- D I only, since the bill in fact began in the Lok Sabha
Show answer
Why:
Amendment, tabling, committee, in that order.
- A compulsory school attendance up to the age of eighteen
- B free higher education for every single student who qualifies
- C free books and uniforms for all the children in state schools
- D free and compulsory education for children aged six to fourteen
Show answer
Why:
Inserted by the 86th Amendment in 2002.
- A the cost of schools, buildings and teachers at that scale
- B whether education properly belonged on the Union List
- C the age at which compulsory schooling ought to end
- D whether the private schools should be exempted entirely
Show answer
Why:
Which the committee stage was used to examine.
- A 2002
- B 2009
- C 2008
- D 2005
Show answer
Why:
In August, after the elections that year.
- A the view that education is needed for a meaningful life
- B the wish that education should reach every child
- C new school buildings and free books and uniforms
- D the direction to the state in the Directive Principles
Show answer
Why:
A statute builds; a principle directs.
- A that a committee stage always delays a bill by several years
- B that courts rather than Parliament make most Indian law
- C that an amendment can be passed faster than an ordinary bill
- D that agreeing a principle is not the same as passing a law
Show answer
Why:
And that the slow part is usually the cost.
- A introduction, reading, committee, clauses, vote, other House
- B reading, introduction, clauses, committee, other House, vote
- C committee, introduction, reading, vote, clauses, other House
- D introduction, clauses, vote, reading, committee, other House
Show answer
Why:
Then assent, and then the Gazette.
Important short questions (7)
A bill is a proposed law in draft and binds nobody; it may be amended or defeated. An act is what a bill becomes once both Houses pass it and the President assents.
Because it began in the British Parliament, where many members could not read and a clerk read the bill out. Members now read it themselves, and the name has stayed.
A permanent committee of members of Parliament whose membership may change while the structure continues. It scrutinises government activity, recommends, and asks questions about actions taken.
The President's assent, then notification in the Gazette, which is the official publication announcing legal documents and official information.
Only the Lok Sabha may take one up, and only on the President's prior recommendation. It concerns public revenue, so the directly elected House begins it.
That the right to education was already inside the Fundamental Rights, specifically the right to life. Education is needed to lead a meaningful life.
In 2002 it inserted Article 21A. That requires the state to give a free and compulsory education to every child between six and fourteen.
Long answer questions (3)
A bill is introduced in either House, except for a Money Bill, which must begin in the Lok Sabha. It is read, and it may be referred to a standing committee, though not every bill is. The House then discusses the clauses one by one and votes on amendments to them, before voting on the bill as a whole. If it passes, the entire process is repeated in the other House. The bill then goes to the President for assent, and notification follows in the Gazette. Only after all of that is there an act.
Its roots lie in the Directive Principles, and the makers of the Constitution wanted it done within a decade of independence. It did not happen. In the early 1990s somebody argued in court that education was already inside the right to life. The 86th Amendment of 2002 inserted Article 21A, covering children from six to fourteen. The bill was tabled six years later in the Rajya Sabha, a committee suggested changes, and the argument was about cost. It passed in August 2009. Agreeing a principle is not the same as passing a law.
A Money Bill deals with financial matters, including taxation and government borrowing. Two restrictions apply to it. Only the Lok Sabha may take one up, and even there it requires the President's prior recommendation before it can be brought in. The reason lies in what such a bill does. It disposes of public revenue, and the Lok Sabha is the House the public elects directly. Beginning the bill there ties the power of taxing most closely to the people who pay the tax.
Flashcards (17)
Play this topic
- Put the stages of lawmaking in order
- Match each term to its meaning
- Fact or myth
- Which stage does each belong to?
- Match each RTE milestone to its year
Holding the Government to Account
Four functions set by the Constitution, the difference between an hour of questions and a committee's report, why Parliament holds the purse, and poetry across the floor.
What you will be able to do
- Name Parliament's four functions and give an example of each.
- Explain what accountability requires and what it does not mean.
- Compare Question Hour with a parliamentary committee.
- Explain why Parliament approves and monitors public spending.
- Say what the government owes Parliament for accountability to work.
Key points
The Constitution sets four functions: constitutional functions, lawmaking, executive accountability and financial accountability.
Parliament elects the President and the Vice President and amends the Constitution.
It is also entrusted with universal adult suffrage, the separation of powers, federalism, and the Fundamental Rights and Directive Principles.
Those four are standing obligations rather than tasks, which is why they sit beside lawmaking instead of inside it.
The Prime Minister, with the Council of Ministers, form the Union Executive and are answerable to the Lok Sabha.
Accountability means the executive must justify its actions and decisions; it does not mean being punished.
Question Hour, usually the first hour of a sitting, compels a public answer, while a committee can examine a programme in detail and publish the exchange.
Parliament approves the annual budget and examines how funds go to the ministries, because the money is the public's.
The government must supply the information Parliament needs in time and accurately, since a late or loose answer defeats the mechanism.
Full explanation
Four jobs, set by the Constitution
The Constitution lays down what Parliament has to do, and the duties fall under four heads: constitutional functions, lawmaking, executive accountability, and financial accountability. The previous topic covered the second of those. This one takes the other three.
The constitutional functions
Parliament elects the President and the Vice President, and it amends the Constitution. Those are vital functions, and higher grades take up others. Beyond acts of that kind, the Constitution's own central values are Parliament's to uphold.
What upholding those values involves
Four things are named. Enabling parliamentary democracy through universal adult suffrage. Following the separation of powers between legislature, executive and judiciary. Ensuring federalism. And upholding both the Fundamental Rights and the Directive Principles, through the laws and policies it frames.
Notice what kind of duty that is
None of the four is a single action to be completed. They are standing obligations, tested by every law passed and every law not passed. A legislature can satisfy its procedures and still fail at them, which is why they are listed separately from lawmaking.
Who the executive actually is
The Union Executive is made up of the Prime Minister together with the ministers. Their first responsibilities are to carry out and enforce the laws, and to see that the government runs effectively. They take the decisions about its day-to-day working, within the principles the Constitution and the laws lay down.
And who they answer to
They are answerable to the Lok Sabha. That is the whole of what executive accountability means, and the chapter gives the mechanisms through which the answering is actually done.
Question Hour
Typically the first hour of a parliamentary sitting is set aside for questions. Members of Parliament may ask ministers about government policies and activities, and the ministers have to answer. It is the most visible part of accountability and the part most often shown on television.
What accountable actually means
The word does not mean punished. It means that the executive must justify all its actions and decisions. A minister who gives a poor answer has still been made to answer, in public, on the record, in front of the House and the press, and that is a real constraint.
Committees, which go deeper
Committees of a special kind meet too, and a ministry appearing before one has to account for its policies and take questions on them. Membership may be drawn from several parties at once, which is exactly what gives the scrutiny its force.
Why a committee can do what an hour cannot
An hour of questions cannot examine one programme state by state. A committee can, and it leaves a written record that outlasts the minister. The two mechanisms are not rivals; one produces an answer that day and the other produces a document.
A committee at work
A standing committee on health examined whether Ayush facilities were being placed alongside primary health centres, community health centres and district hospitals. Going through the states, it found that some states and union territories had not opened a separate department for Ayush at all, and it recommended that they should.
And the reply
The ministry then had to answer that recommendation in writing. The recommendation and the reply were printed together in the committee's own report, where anybody may read them. That is the quiet machinery of accountability, and no minister was questioned on the floor of the House at any point in it.
Financial accountability
Parliament approves and monitors what the government spends. It does this through the annual budget, and by examining how funds are distributed among the different ministries.
Whose money is it
That is the question the chapter asks, and the answer settles why the power exists. The government spends public money. The body that approves the spending is the body the public elects, which is the same logic that confines a Money Bill to the Lok Sabha.
What Parliament is owed in return
The government is expected to give Parliament the information it needs, in time and accurately. Accountability is impossible without that. A question answered late or answered loosely defeats the mechanism without appearing to refuse it.
Not always solemn
The chapter is at pains to say that Parliament is not uniformly formal and serious. Poetry and humour have their place in it, and two examples are given from recent decades.
A verse in a budget speech
Nirmala Sitharaman quoted a couplet from the Tirukkural, an old Tamil work on ethics and morality, while presenting the Union Budget for 2025-26 on 1 February 2025. Its sense is that just as living things depend on the rains, people depend on being governed well. The desks were thumped in approval.
Poetry across the floor, and why it matters
In a sharp Lok Sabha debate in 2011, Sushma Swaraj quoted a verse to attack the government. Its gist was that the complaint lay not against the robbers but against the quality of the leadership. The then Prime Minister, Manmohan Singh, answered with a verse of his own, asking to be judged by his persistence rather than by his appearance. That is in a textbook because it tells you something about the institution. A chamber where opponents answer each other in verse is one where disagreement is being conducted rather than suppressed, which is the condition the other three functions depend on.
Concepts and terms
The obligation of the executive to justify all its actions and decisions. It does not mean punishment: a minister who answers badly has still been made to answer publicly.
A period set aside at the start of a sitting, usually its first hour, in which members may ask ministers about government policies and activities and the ministers must reply.
Answerable to the Lok Sabha, the Prime Minister, with the Council of Ministers, runs the government from day to day and sees that its laws are implemented and enforced.
Parliament's approval and monitoring of government expenditure, through the annual budget and by examining the distribution of funds among ministries.
A duty that cannot be discharged once and set aside. Upholding suffrage, the separation of powers, federalism and rights is tested by every law passed and every law not passed.
Traps to avoid
Common misconceptions
A committee asks, a ministry answers
Scenario:
A parliamentary standing committee on health took up one narrow question. It examined whether Ayush facilities were being placed alongside primary health centres, community health centres and district hospitals. Going state by state, it noticed that some states and union territories had not opened a separate department for Ayush at all. It recommended that they should. The ministry then had to reply to that recommendation in writing. The whole exchange was printed in the committee's own report, recommendation and reply side by side, where anybody may read it. No minister was questioned on the floor of the House at any point in this.
Analysis:
Question Hour is the visible part of accountability and the committee report is the durable part. One produces an answer that day; the other produces a record that outlasts the minister.
Activity:
Find one standing committee report on a service you use, and note a single recommendation it made.
Write three questions
Title:
Write three questions
Safety:
Writing only.
What You Notice:
A question that asks for a number is harder to avoid than a question that asks for an opinion.
Did you know
A standing committee on health went through the states one by one and found that some had not opened a separate department for Ayush at all.
The Union Budget speech for 2025-26, delivered on 1 February 2025, opened with a couplet from the Tirukkural, an ancient Tamil treatise on ethics.
In a Lok Sabha debate in 2011, a criticism of the government was made in verse and the Prime Minister replied with a verse of his own.
Memory tricks
The four functions — CONSTITUTION, LAW, MINISTERS, MONEY — Constitutional functions, lawmaking, executive accountability, financial accountability.
The two accountability mechanisms — AN HOUR, AND A REPORT — Question Hour gives an answer the same day; a committee gives detail and a published record.
Practice MCQs with answers (25)
- A the constitutional functions of the Parliament
- B appointing the judges of the higher courts
- C holding the executive accountable for its decisions
- D approving and monitoring government expenditure
Show answer
Why:
Lawmaking is the fourth of them.
- A appointing Governors, and approving state budgets
- B appointing the Prime Minister, and dissolving the Lok Sabha
- C electing the President, and amending the Constitution
- D summoning the Houses, and giving assent to bills
Show answer
Why:
The Vice President's election belongs here too.
- A requiring unanimity before any amendment at all is passed
- B ensuring that every single bill is referred to a committee
- C keeping the number of the ministries below a fixed limit
- D following the separation of powers between the three organs
Show answer
Why:
Suffrage, separation, federalism, rights.
- A they apply to the state assemblies and not to Parliament
- B they are standing obligations rather than tasks to finish
- C they were added by a later amendment to the Constitution
- D they can only be enforced by the Supreme Court
Show answer
Why:
Procedure can be satisfied while these fail.
- A the civil servants who implement policy decisions
- B the President and the two Houses of Parliament
- C the Prime Minister with the Council of Ministers
- D the standing committees of both of the Houses
Show answer
Why:
They run the government day to day.
- A the Election Commission
- B the Rajya Sabha
- C the Supreme Court
- D the Lok Sabha
Show answer
Why:
Which is what executive accountability means.
- A the first hour of a parliamentary sitting
- B the last hour before a House is adjourned
- C one full day set aside in every session
- D an hour held only when a minister requests it
Show answer
Why:
Members ask, and ministers must answer.
- A resign whenever a question goes unanswered
- B justify all of its actions and its decisions
- C obtain Parliament's consent for each decision
- D submit every decision to a standing committee
Show answer
Why:
The word does not mean punished.
- A the Speaker may order a better answer to be given
- B a poor answer obliges the minister to resign the office
- C the minister has answered in public and on the record
- D the question is automatically referred to a committee
Show answer
Why:
The House and the press are both present.
- A Both true, and the reason explains the assertion
- B Both true, but the reason does not explain it
- C The assertion is true and the reason is false
- D The assertion is false and the reason is true
Show answer
Why:
The assertion is false. The reason is true and is why the scrutiny counts: questioning left entirely to the government's own side would prove little.
- A withhold the whole annual budget from the government
- B compel a minister to attend the Parliament in person
- C amend a bill before it goes over to the other House
- D examine one programme state by state and leave a record
Show answer
Why:
Detail and a document, against an answer that day.
- A primary health centres, community centres and district hospitals
- B medical colleges, nursing schools and the research institutes
- C pharmacies, diagnostic laboratories and the ambulance stations
- D village panchayat offices and municipal corporation wards
Show answer
Why:
Three kinds of facility, examined state by state.
- A all the states had already opened such a department
- B some states had not opened a separate Ayush department
- C the ministry had refused to answer any of its questions
- D the facilities had been placed in the wrong districts
Show answer
Why:
And it recommended that they should.
- A the report counts as a law once it has been published
- B publication is required before a ministry may reply at all
- C a recommendation and reply anybody can read can be checked
- D only published reports may be raised at Question Hour
Show answer
Why:
Checked later against what was actually done.
- A auditing the accounts of every private company
- B preparing the budget and then implementing it itself
- C collecting the taxes that the government proposes to spend
- D approving the budget and examining how funds are distributed
Show answer
Why:
Approve and monitor, ministry by ministry.
- A the executive, which also implements it afterwards
- B Parliament, which also approves it afterwards
- C the standing committees of the two Houses jointly
- D the President, on the advice of the Election Commission
Show answer
Why:
Parliament's part is approval and scrutiny.
- A I, II and III, because the chain runs from payer to approver
- B I and II only, because Parliament's election is irrelevant
- C II and III only, because the money's source does not matter
- D I only, because approval is a formality in practice
Show answer
Why:
The same logic confines a Money Bill to one House.
- A a copy of every file held by every ministry
- B the information it needs, in time and accurately
- C the right to approve each ministerial appointment
- D a guarantee that no question will be refused
Show answer
Why:
Late or loose answers defeat the mechanism.
- A must be corrected by the Speaker before the House rises
- B entitles the member to ask the same question again
- C defeats the mechanism without appearing to refuse it
- D counts as a breach of the Model Code of Conduct
Show answer
Why:
Which is why timeliness and accuracy are specified.
- A the Rigveda, the oldest of the four Vedas
- B the Arthashastra, an ancient work on statecraft
- C the Natyashastra, an ancient work on performance
- D the Tirukkural, an ancient Tamil work on ethics
Show answer
Why:
Recited on 1 February 2025.
- A people depend on good governance as living things depend on rain
- B a ruler who taxes far too heavily will lose the people's trust
- C the harvest decides what a government may safely spend on
- D a kingdom without any rainfall cannot be justly governed
Show answer
Why:
The desks were thumped in approval.
- A a minister resigned right in the very middle of the debate
- B two opponents answered each other in verse across the floor
- C the Speaker adjourned the House for a whole full week
- D a bill was passed there without any discussion at all
Show answer
Why:
A criticism in verse, and a reply in verse.
- A it shows that verse carries much more weight than argument
- B it proves that most of parliamentary business is informal
- C it shows disagreement being conducted rather than suppressed
- D it demonstrates that Question Hour is quite unnecessary
Show answer
Why:
Which is the condition the other functions need.
- A Question Hour with the budget, a committee with amendments
- B Question Hour with detail, a committee with immediacy
- C Question Hour with a record, a committee with publicity
- D Question Hour with immediacy, a committee with detail
Show answer
Why:
One answers that day; the other leaves a document.
- A power is given on condition that it can be questioned
- B the executive decides and the legislature records
- C every function requires the President's prior consent
- D each function belongs to one House and not the other
Show answer
Why:
Lawmaking, accountability and the purse all run on it.
Important short questions (7)
Constitutional functions, lawmaking, executive accountability and financial accountability. Lawmaking was covered in the previous topic.
Because none of them is an action that can be completed. Each is tested by every law passed and every law not passed, so procedure alone cannot satisfy them.
Typically the first hour of a sitting, when members may ask ministers about policies and activities. It compels a public answer on the record.
It means the executive must justify all its actions and decisions. It does not mean being punished, and a disappointing answer is still an answer given publicly.
Because scrutiny left to the government's own side would prove little. Cross-party membership is what makes the questioning of a ministry worth anything.
It approves the annual budget and examines how funds are distributed among ministries. The money is the public's, and Parliament is what the public elects.
The information Parliament needs, in time and accurately. An answer that is late or loose defeats accountability without appearing to refuse it.
Long answer questions (3)
The constitutional functions include electing the President and the Vice President and amending the Constitution. Lawmaking is the route from a bill to an act. Executive accountability is exercised through Question Hour, usually the first hour of a sitting, and through committees before which ministries must explain their policies. Financial accountability means approving the annual budget and examining how funds are distributed among the ministries. Beyond these, Parliament is entrusted with upholding universal suffrage, the separation of powers, federalism, and the Fundamental Rights and Directive Principles.
Question Hour is the visible mechanism. Members may ask ministers about policies and activities, usually in the first hour of a sitting, and the minister must answer publicly in front of the House and the press. Its strength is immediacy and its limit is time, since an hour cannot examine a programme state by state. A committee has the opposite profile. It may include members of several parties, and it can go through a scheme in detail. It publishes a recommendation with the ministry's written reply beside it. Anybody can check that later against what was actually done.
Parliament approves and monitors what the government spends. It does this through the annual budget and by examining how funds are allotted to the different ministries. The entitlement follows from a simple chain. The money being spent is the public's, Parliament is what the public elects, and so the approving body is the one the payers chose. That is the same reasoning that confines a Money Bill to the Lok Sabha. In return the government is expected to supply Parliament with the information it needs, in time and accurately, because a late or loose answer defeats the whole mechanism.
Flashcards (17)
Play this topic
- Which function is each an example of?
- Fact or myth
- Match each term to its meaning
- Match each mechanism to its strength
- Put the committee's work in order
Executive, Judiciary and the States
Nominal against de facto, collective responsibility, a resignation nobody demanded, the judiciary as custodian, and why a Union law reaches every state on a shared subject.
What you will be able to do
- Distinguish the President's nominal headship from the Prime Minister's de facto authority.
- Explain how the executive is formed and what collective responsibility means.
- Say who civil servants are and why their permanence matters.
- Set out the differences between the legislature and the executive.
- Explain the three lists and why a Union law prevails on the Concurrent List.
Key points
The President is Head of State and nominal head of the Executive, appointing the Prime Minister and ministers, summoning Parliament and assenting to bills.
The ministers aid and advise the President, though discretion appears in specific cases such as an election leaving no clear majority.
De facto authority in the executive lies with the Prime Minister, appointed as leader of the majority party or coalition and serving with that House's support.
The Prime Minister leads the Council, advises the President, coordinates ministries and shapes national policies.
The Prime Minister and the Council answer collectively to the Lok Sabha, answering as a body for what the government does.
Most bills brought to Parliament are initiated by the government, so the executive supplies much of what Parliament scrutinises.
Civil servants are permanent officials who implement laws under ministers' direction, giving administration continuity across elections.
The Judiciary is custodian of the Constitution and may act against a law that breaches the framework and against a violation in enforcement.
Education sits on the Concurrent List, so the RTE binds every state even though schooling is largely run by the states.
Full explanation
A hint hidden in the order of the chapters
Part V of the Constitution opens with a chapter on the Executive, covering the President, the Vice President and the ministers. Parliament's own role and functions come in the chapter after that. The textbook asks why, and leaves the question open, which is a fair thing to wonder about.
The President: head of state
India's President is Head of State, and also the executive's head in name. The word in name is carrying the weight there. Running the government is the work of the Prime Minister with the Council of Ministers.
What the President actually does
Among other duties, the office appoints a Prime Minister and the other ministers, calls Parliament into session, and assents to bills. The ministers aid and advise the President, and that is the ordinary way all of these duties get exercised.
When the office is not merely formal
In specific circumstances the President may exercise discretionary powers. The chapter gives the clearest case: a political crisis, such as an election in which no party holds a clear majority in the Lok Sabha. Somebody then has to decide whom to ask to form a government.
The Prime Minister, and the appointment
Under India's parliamentary system the de facto executive authority belongs to the Prime Minister. De facto means in fact, as against in name, and the pairing with the President's headship in name is deliberate. One office holds the form and the other holds the work. Whoever leads the majority in the Lok Sabha, whether a single party or a coalition, is invited by the President to take the office. The Prime Minister then serves with the support of a majority of that House, which is where the office comes from and where it can be lost.
Four key functions
The Prime Minister leads the Council of Ministers, advises the President, coordinates the work of the different ministries, and shapes national policies. Together they take the decisions and run the government.
Collective responsibility
The Prime Minister, with the Council of Ministers, answer collectively to the Lok Sabha. Collectively is an important word: they answer as a body for what the government does, not merely as individuals for their own departments.
Who introduces most bills
Most bills reaching Parliament for discussion start with the government rather than with a private member. The previous topic's picture of Parliament scrutinising the executive therefore needs a companion: the executive is also the main source of what Parliament scrutinises.
The permanent officials
A permanent group of officials called civil servants help in implementing laws and policies. They are also known as administrators or bureaucrats. They work under the direction of ministers and see that government departments run smoothly. They are called permanent because governments change and they do not. A minister arrives with a mandate and leaves with an election; the official carrying out the work was there before and is there after, which is what gives administration its continuity.
A resignation that was not required
In 1956 Lal Bahadur Shastri, then Railway Minister, resigned after a train accident. He was not blamed for it. On his own view, moral responsibility for whatever happens inside a ministry rests with its minister. Nehru declined the resignation at first; Shastri insisted, and in the end it was accepted. The case separates two ideas that look alike. Legal fault is one thing and ministerial responsibility is another, and the second can be accepted where the first does not apply. Shastri later became Prime Minister.
Legislature and executive, compared
Parliament is the country's supreme lawmaking body, made up of the President along with the two Houses. The Executive lists the President, the Vice President, and the ministers headed by the Prime Minister. Notice that the President appears in both lists.
The division of roles
The legislature makes laws and oversees the Executive's work. The Executive enforces the laws the legislature has made. Both can introduce bills, but most bills come from the Executive. The legislature puts questions and asks for explanations; the Executive supplies the information and the explanations in return.
And on money
The legislature sanctions all government-related expenses. The Executive prepares and implements the budget that Parliament has approved. The legislature consults parliamentary committees, while the Executive can act on its own in day-to-day matters and consult committees when it needs to.
The judiciary
The Judiciary interprets and applies the laws of the land, including in particular disputes, and it works through a system of courts. It acts as the custodian of the Constitution, seeing that every branch of government stays within the principles and limits the Constitution sets.
What it checks, and where
If Parliament passes a law that violates the constitutional framework, the Judiciary may say so. If a violation occurs when the Executive implements a law, the Judiciary may step in there as well. Both the making and the carrying out are open to it.
Checks and balances, stated plainly
The three organs are the Legislature, the Executive and the Judiciary, and the arrangement between them is called the separation of powers. The point of it is a refusal: no organ is to be the last word on its own conduct, so none becomes too powerful.
The same shape at the state level
Every state has a legislature and an executive of its own, and that legislature is called its State Assembly. Members of the Legislative Assembly, or MLAs, make law in the way Members of Parliament do, on subjects in the State List and the Concurrent List.
Three lists
The Union List and the State List set out the subjects on which the Union and the states respectively may legislate exclusively. The Concurrent List holds subjects where both may. If the Union legislates on a Concurrent List subject, the state is bound to follow it, which is why the RTE applies across the whole country although education sits on that list.
Concepts and terms
The President heads the executive in name only, holding the form of the authority, while the Prime Minister is the de facto authority, which means in fact rather than in name.
The rule that the Prime Minister with the Council of Ministers answer to the Lok Sabha as a body for what the government does, rather than only for their own departments.
Permanent officials, also called administrators or bureaucrats, who implement laws and policies under the direction of ministers. Governments change at elections and they do not.
The division of the state into legislature, executive and judiciary, with each able to check the others, so that no organ is the last word on its own conduct.
The Union List and the State List name the subjects each level may legislate on exclusively, and the Concurrent List those open to both, where a Union law binds the states.
Traps to avoid
Common misconceptions
What if one organ held everything
Scenario:
Suppose a single body could make the laws, carry them out, and decide the disputes about them. It would pass a law. It would then enforce that law in whatever way it judged best. If somebody complained of the enforcement, the same body would hear the complaint. It would be deciding whether its own conduct had been lawful. Nothing in that arrangement is impossible, and many states through history have come close to it. India's Constitution refuses it instead, by giving the three jobs to three different organs and letting each one question the others.
Analysis:
Checks and balances are not a tidy diagram but a set of refusals: no organ is allowed to be the last word on its own conduct. That is the whole of what separation of powers protects.
Activity:
Pick a recent law you have heard about and find out which organ proposed it, which passed it, and whether any court has been asked about it.
Sort the subjects
Title:
Sort the subjects
Safety:
Reading only.
What You Notice:
The Concurrent List is where most arguments between the Union and the states begin, because both are entitled to be there.
Did you know
Part V of the Constitution opens with a chapter on the Executive and puts Parliament's role in the chapter after it, which the textbook invites readers to wonder about.
In 1956 a Railway Minister resigned after a train accident for which he was not blamed, and the Prime Minister declined the resignation before finally accepting it.
The President appears in both the legislature and the executive, being part of Parliament and also part of the Union Executive.
Memory tricks
The President and the Prime Minister — FORM, AND WORK — The President holds the form of executive authority; the Prime Minister holds the work of it.
The three organs — MAKE, ENFORCE, JUDGE — The legislature makes law, the executive enforces it, the judiciary judges whether either stayed inside the Constitution.
Practice MCQs with answers (25)
- A the office is ceremonial and has no constitutional powers
- B the Prime Minister and ministers actually run the government
- C the President is elected by Parliament rather than by voters
- D the President may never act without the courts' approval
Show answer
Why:
Nominal is doing the work in that sentence.
- A summoning the Parliament to assemble
- B appointing the Prime Minister and other ministers
- C preparing the annual budget for the government
- D giving assent to bills that have been passed
Show answer
Why:
The Executive prepares and implements the budget.
- A a body that elects the President every term
- B a body appointed by Parliament to check it
- C a body the President may ignore entirely
- D a body that aids and advises that office
Show answer
Why:
Which is how those functions are exercised.
- A a bill is passed by only one of the two Houses
- B no single party wins a clear Lok Sabha majority
- C a committee's recommendation is rejected by a ministry
- D the budget is not approved before the financial year ends
Show answer
Why:
Somebody must decide whom to ask to form it.
- A by appointment, rather than by election
- B in name, as distinct from in fact
- C in fact, as distinct from in name
- D temporarily, until a House is dissolved
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Why:
It pairs with the President's nominal headship.
- A any citizen the Council of Ministers recommends
- B the leader of the largest party in the Rajya Sabha
- C the member with the longest continuous service in the House
- D whoever leads the Lok Sabha majority, party or coalition
Show answer
Why:
And that support is where the office rests.
- A interpreting the laws in cases of dispute
- B leading the Council of Ministers
- C coordinating the work of different ministries
- D shaping the national policies
Show answer
Why:
Interpreting law belongs to the Judiciary.
- A answer only for their own departments separately
- B answer as a body for what the government does
- C may be dismissed individually by the Speaker
- D must all come from the same political party
Show answer
Why:
Collectively is the word that matters.
- A the standing committees of the two Houses
- B individual members acting on their own behalf
- C the government, which is to say the executive
- D the President, on the Council's advice
Show answer
Why:
So the executive supplies what Parliament examines.
- A Both true, and the reason explains the assertion
- B Both true, but the reason does not explain it
- C The assertion is true and the reason is false
- D The assertion is false and the reason is true
Show answer
Why:
The assertion is false. The reason is true and completes the picture: the body being scrutinised is also the main source of the business.
- A magistrates or adjudicators
- B legislators or representatives
- C ministers or office-bearers
- D administrators or bureaucrats
Show answer
Why:
They work under the direction of ministers.
- A governments change at elections while they remain in post
- B they cannot be transferred from one department to another
- C they hold office for a fixed term of ten years each
- D they are appointed by the President rather than a minister
Show answer
Why:
Which is what gives administration continuity.
- A it shows that a minister must resign after every accident
- B it shows ministerial responsibility going beyond legal fault
- C it shows that a Prime Minister cannot refuse a resignation
- D it shows that railway ministers are personally liable
Show answer
Why:
He was not blamed for the accident at all.
- A Parliament voted on whether to accept the offer
- B it was accepted by Nehru without any discussion
- C Nehru declined it, and Shastri had to insist
- D the President referred the question to the courts
Show answer
Why:
It was accepted only in the end.
- A I, II and III, since one office appears in both lists
- B I and II only, because the Vice President is excluded
- C II and III only, because Parliament is the two Houses
- D I only, since the Executive is the ministers alone
Show answer
Why:
The President belongs to both.
- A executive with interpreting laws, judiciary with enforcing them
- B legislature with enforcing laws, executive with making them
- C judiciary with making laws, legislature with interpreting them
- D legislature with making laws, executive with enforcing them
Show answer
Why:
The legislature also oversees the executive's work.
- A the legislature sanctions and the executive prepares
- B the executive sanctions and the legislature prepares
- C both prepare the budget and the courts approve it
- D the legislature both prepares and implements it
Show answer
Why:
And the executive implements what is approved.
- A keeps the only original copy of the Constitution safe
- B sees that every branch stays inside constitutional limits
- C decides which amendments Parliament may propose
- D appoints the officers who enforce constitutional rules
Show answer
Why:
Both lawmaking and enforcement are open to it.
- A against enforcement only, and never against the law itself
- B against a law only, and never against the way it is enforced
- C against a law that breaches the framework, and its enforcement
- D against neither, since Parliament is the supreme body here
Show answer
Why:
The making and the carrying out both.
- A the judiciary is placed above the other two organs
- B each organ works without knowing what the others do
- C the three organs must agree before anything is settled
- D no organ is ever the last word on its own conduct
Show answer
Why:
So that none of them becomes too powerful.
- A the State Assembly
- B the State Council
- C the Lok Sabha
- D the Union Assembly
Show answer
Why:
Its members are MLAs.
- A the Union List and the State List
- B the State List and the Concurrent List
- C the Union List and the Concurrent List
- D all three of the lists without restriction
Show answer
Why:
The Union List is not theirs to legislate on.
- A subjects reserved for the President's own regulations alone
- B subjects on which neither of the levels may legislate at all
- C subjects on which both the Union and the states may act
- D subjects transferred to the local governments entirely
Show answer
Why:
And the Union prevails if it legislates there.
- A the courts extended that act well beyond its original scope
- B education was moved to the Union List before the act
- C every state passed an identical law of its own
- D education is Concurrent, and a Union law binds the states
Show answer
Why:
The state is bound to follow a Union law there.
- A power is divided so that each part can be questioned
- B the executive is subordinate to the judiciary in all things
- C the President decides between the other two organs
- D the states may overrule the Union on shared subjects
Show answer
Why:
Which is the whole of separation of powers.
Important short questions (7)
The President heads the executive in name only, holding the form of the authority. The Prime Minister is the de facto authority, which means in fact rather than in name.
In a political crisis, such as an election leaving no party with a clear majority in the Lok Sabha. Somebody must then decide whom to ask to form a government.
That the Prime Minister with the Council of Ministers answer to the Lok Sabha as a body for what the government does. They do not answer merely for their own departments.
Because it means the body Parliament scrutinises is also the main source of the business Parliament examines. That completes the picture of the relationship.
Officials, also called administrators or bureaucrats, who implement laws under ministers' direction. Governments change at elections while they stay, giving continuity.
Legal fault from ministerial responsibility. He was not blamed for the accident, but held that a minister carries moral responsibility for the ministry.
Because it sees that every branch of government stays within the principles and limits the Constitution sets. It tests both laws and their enforcement.
Long answer questions (3)
India's President is Head of State, and the executive's head in name. That office appoints a Prime Minister and the other ministers, calls Parliament and gives assent to bills. It does so on the advice of the Council of Ministers. In specific circumstances the office may use discretion, as when an election leaves no clear majority. De facto authority in the executive lies with the Prime Minister, appointed as leader of the majority party or coalition. That office serves with the Lok Sabha's support, leads the Council, advises the President, coordinates ministries and shapes policy.
Parliament is the country's supreme lawmaking body, its three parts being the President and the two Houses. The Executive is a different list: the President again, the Vice President, and the ministers under the Prime Minister, so one office sits on both. The legislature makes laws and oversees the Executive's work, while the Executive enforces the laws made. Both may introduce bills, though most come from the Executive. The legislature questions and seeks explanations and sanctions all government expenses; the Executive answers, and prepares and implements the approved budget.
The Constitution sets out lists clarifying who may legislate on what. The Union List holds subjects on which the Union alone may legislate, and the State List those reserved to the states. The Concurrent List holds subjects open to both. Where the Union legislates on a Concurrent List subject, the state is bound to follow it. Education sits on the Concurrent List. That is exactly why the Right to Education Act applies across the whole country, even though schooling is largely run by the states themselves.
Flashcards (17)
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- Legislature, executive or judiciary?
- Match each term to its meaning
- Fact or myth
- Match each office to what it does
- Put the formation of a government in order
Class 8 Social Science Chapter 6 — frequently asked questions
Voters elect the members of the Lok Sabha directly. A majority group among those elected members then forms the government, so it governs with the people's consent.
Because a bill becomes an act only with the President's assent. Leaving that office out of the picture leaves the last step of lawmaking with nowhere to belong.
Bi means two and cameral means chamber, so a bicameral legislature has two Houses. It says nothing about parties, or about how either House is filled.
A bill is a proposed law in draft and binds nobody; it may be amended or defeated. An act is what a bill becomes once both Houses pass it and the President assents.
Because it began in the British Parliament, where many members could not read and a clerk read the bill out. Members now read it themselves, and the name has stayed.
A permanent committee of members of Parliament whose membership may change while the structure continues. It scrutinises government activity, recommends, and asks questions about actions taken.
Constitutional functions, lawmaking, executive accountability and financial accountability. Lawmaking was covered in the previous topic.
Because none of them is an action that can be completed. Each is tested by every law passed and every law not passed, so procedure alone cannot satisfy them.
Typically the first hour of a sitting, when members may ask ministers about policies and activities. It compels a public answer on the record.
The President heads the executive in name only, holding the form of the authority. The Prime Minister is the de facto authority, which means in fact rather than in name.
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