The Parliamentary System: Legislature and Executive Study Notes

Foundation and Spirit of the Indian Constitution

  • The Indian Constitution is described by Alladi Krishnaswami Ayyar ($1949$) as more than a lawyer's document; it is a "vehicle of life," reflecting the spirit of the age.
  • Independence was achieved through massive sacrifices and a long struggle against colonial rule, leading to a new epoch where citizens could govern themselves.
  • The drafting of the Constitution established foundational principles, most notably Universal Adult Franchise.
  • Universal Adult Franchise: This principle guarantees all adult citizens the right to vote regardless of their social background, economic status, race, religion, or gender.

The New Parliament Building (Sansad Bhavan)

  • Physical Design: The building is shaped like a "soft triangle" or a three-sided design, which symbolises balance, inclusivity, and purpose.
  • Sustainability: It incorporates green construction techniques, reducing electricity consumption by approximately $30\%$.
  • Artistic Symbolism: The interior walls are decorated with carvings of peacocks, lotuses, tribal art, temple patterns, and figures of freedom fighters.
  • The Ashokan Emblem: The new building prominently houses ancient symbols like the Ashokan emblem, linking modern democracy to India's historical roots.
  • The Sengol: A gold-plated silver sceptre placed near the Speaker's chair in the Lok Sabha.
    • History: It dates back to the Chola period and was handed to Pt. Jawaharlal Nehru on August $14$, $1947$, to mark the transfer of power.
    • Meaning: It serves as a reminder that power must be guided by "dharma" (righteousness). At the top sits Nandi, the symbol of justice.

Composition of the Indian Parliament

  • The Indian Parliament is the supreme legislative body of the government, functioning with the consent of the people.
  • India follows a Bicameral System: "Bi" means two, and "cameral" means chamber or house. It is composed of the President and two houses:
    • Lok Sabha (House of the People / Lower House): Members are directly elected by the people through universal adult suffrage. The Constitution envisages a maximum of $550$ members. There have been $17$ Lok Sabhas since $1952$, with the $18$th Lok Sabha constituted in June $2024$.
    • Rajya Sabha (Council of States / Upper House): Members are elected indirectly by an electoral college. Seats are allocated based on the population of each state.
  • Presiding Officers:
    • Lok Sabha: Led by the Speaker, elected by the members to conduct sessions, maintain discipline, and enforce rules.
    • Rajya Sabha: Presided over by the Vice President of India, who acts as the Chairperson.

The Origins and Inspiration of the System

  • British Influence: Several aspects of the Indian Constitution were inspired by the British parliamentary democracy.
  • Indigenous Roots:
    • Practical experience gained by freedom fighters in limited colonial governance structures.
    • Memories of ancient republics known as Mahajanapadas.
    • Traditional village Panchayats where collective decisions were made by elders.

The Union Executive

  • The Executive is responsible for implementing and enforcing laws made by the Legislature.
  • Composition:
    • The President (Head of State, nominal head).
    • The Vice President.
    • The Council of Ministers, headed by the Prime Minister (De facto executive authority).
  • The President's Role: Appoints the PM and ministers, summons Parliament, and gives assent to bills. The President can exercise discretionary powers during political crises, such as when no party has a clear majority.
  • The Prime Minister's Role: Leads the Council of Ministers, advises the President, coordinates ministries, and shapes national policies.
  • The Permanent Executive: Known as Civil Servants, administrators, or bureaucrats. They work under ministers to ensure the smooth daily functioning of government departments.

Key Functions of the Parliament

  1. Constitutional Functions: Includes the election of the President and Vice President and the power to make amendments to the Constitution.
  2. Lawmaking: The primary responsibility of the legislature.
  3. Executive Accountability: The Executive is answerable to the Lok Sabha. Mechanisms include the Question Hour, typically the first hour of a session, where MPs question ministers on policies.
  4. Financial Accountability: The Parliament approves and monitors government spending through the annual budget and by examining fund distribution to ministries.

The Lawmaking Process: From Bill to Act

  • Bill: A draft of a proposed law that must be approved by Parliament.
  • Act: A bill that has been passed and received Presidential assent, becoming a law.
  • Journey of a Bill:
    1. Introduction in either House (except for Money Bills).
    2. Reading of the bill (originally a British tradition for illiterate MPs; now for discussion).
    3. Reference to a Standing Committee (permanent committee of MPs that scrutinises government activities).
    4. Clause-by-clause discussion and voting on amendments.
    5. Vote on the entire bill.
    6. Repetition of the process in the other House.
    7. Presidential Assent.
    8. Notification in the Gazette (official government publication).
  • Money Bills: These deal with financial matters (taxation, borrowing). They can only be introduced in the Lok Sabha and require the prior recommendation of the President.

Case Study: The Right to Education (RTE) Act, 2009

  • Roots: Directive Principles of State Policy.
  • Timeline:
    • Early 1990s: Legal arguments linked education to the Fundamental Right to Life.
    • 2002: $86$th Constitutional Amendment Act added Article 21A, mandating free and compulsory education for children aged $6$ to $14$.
    • 2008: Tabled as a bill in the Rajya Sabha.
    • August 2009: Passed in the Lok Sabha and received Presidential assent.

Language and Dialogue in Parliament

  • Translation Services: Simultaneous interpretation was previously available in $12$ languages (Hindi, English, Assamese, Bengali, Gujarati, Kannada, Malayalam, Marathi, Odia, Tamil, Punjabi, Telugu). Recently, $6$ more were added: Bodo, Dogri, Maithili, Manipuri, Urdu, and Sanskrit.
  • Poetry and Humour:
    • Example 1: In the $2025-26$ Budget, Smt. Nirmala Sitharaman quoted the Tirukkural: "Just as living beings live expecting rains, Citizens live expecting good governance."
    • Example 2: In $2011$, Sushma Swaraj used poetry to criticize the government ("kafila kyun luta"), and PM Dr. Manmohan Singh replied with a verse about zeal and perseverance.

State-Level Governance

  • The structure at the state level parallels the Union government:
    • Head of State: Governor (appointed by the President for a $5$-year term).
    • Executive Head: Chief Minister (de facto authority).
    • Legislature: State Assembly. Can be Unicameral (Vidhan Sabha only) or Bicameral (Vidhan Sabha and Vidhan Parishad).
    • Bicameral States: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
  • Legislative Lists:
    • Union List: Matters for the Union government.
    • State List: Matters for State governments.
    • Concurrent List: Matters where both can legislate (e.g., education). Union laws prevail in case of conflict.

The Judiciary and Checks and Balances

  • The Judiciary is the custodian of the Constitution, interpreting and applying laws.
  • It ensures that no single branch (Legislature, Executive, or Judiciary) becomes too powerful.
  • It has the power to step in if laws passed by Parliament or actions by the Executive violate the Constitutional framework.

Challenges to Effective Functioning

  • Productivity: M. Venkaiah Naidu noted that Rajya Sabha productivity was approximately $78\%$ between $2004-14$, but declined to $65\%$ later. In $2018$, it hit a record low of $35.75\%$ due to disruptions.
  • Issues noted: Absenteeism, non-cooperative conduct, reduced debate quality, and the presence of representatives with criminal cases.
  • Parliamentary Sessions: The Parliament meets three times a year: Budget Session, Monsoon Session, and Winter Session. Sittings usually last $6$ hours a day.
  • Historical Decline in Sittings:
    • $1$st Lok Sabha ($1952-1957$): $677$ sittings.
    • $13$th Lok Sabha ($1999-2004$): $356$ sittings.

Questions & Discussion

  • Why is the Parliament the "voice of the people"? It represents diverse opinions through elected representatives and allows for public grievances to be addressed.
  • Why is the Executive responsible to the Legislature? To ensure accountability and prevent the misuse of power, as seen in the $1956$ resignation of Railway Minister Lal Bahadur Shastri, who took moral responsibility for a train accident.
  • A.B. Vajpayee's Message: "Sarkaarein aayengi, jaayengi… Lekin yeh desh rehna chaahiye" (Governments come and go, but the nation and its democracy must endure).