Chap 6 : The Parliamentary System: Legislature and Executive

The Big Questions?

1. What is India’s parliamentary system, and how is it structured?

India’s parliamentary system is the way our government is run. It is structured with three main parts:

• The Legislature: This is the Parliament, which makes laws for the country. It has two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
• The Executive: This group implements the laws. It includes the President, the Vice President, and the Council of Ministers, which is led by the Prime Minister.
• The Judiciary: This is our system of courts. It interprets the laws and makes sure everyone follows the Constitution.

2. What are the key functions of the Parliament?

The key functions of the Parliament are:

• Lawmaking: The main job is to create and pass laws for the country.
• Executive Accountability: It keeps a check on the government (the Executive) by asking questions and making sure they are doing their work properly.
• Financial Accountability: It approves and monitors all the money that the government spends.
• Constitutional Functions: It has the power to amend the Constitution and is involved in electing the President and Vice President.

3. What are the roles of the legislature and the executive in India’s Parliamentary democracy?

• Role of the Legislature (Parliament): The Legislature’s main role is to make laws. It is also the place where representatives from all over India discuss important issues, debate policies, and hold the government accountable for its actions.
• Role of the Executive (Government): The Executive’s main role is to implement and enforce the laws made by the Legislature. It is responsible for the day-to-day running of the country and making decisions based on the Constitution.

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

The organisation is very similar at both levels:

• Union (Central) Level:
  • Legislature: It is the Parliament, with two houses: Lok Sabha and Rajya Sabha.
  • Executive: The head is the President, but the real power is with the Prime Minister and the Council of Ministers.
• State Level:
  • Legislature: It is the State Assembly. Some states have one house (Vidhan Sabha), while others have two (Vidhan Sabha and Vidhan Parishad).
  • Executive: The head is the Governor, but the real power is with the Chief Minister and their Council of Ministers.

In-Text Questions and Activities

From Page 7

Question: From your previous lessons on the theme of Democracy and Governance, name a few Constitutional functions of the Parliament.

Answer: Two important Constitutional functions of the Parliament are:

1. Electing the President and the Vice President of India.
2. Making amendments (changes) to the Constitution when needed.

From Page 10

Question: Draw a small chart to show the process of how RTE became an act.

Answer: Here is the journey of the Right to Free and Compulsory Education (RTE) Act:

1. Idea: The idea started from the Directive Principles in the Constitution.
2. Constitutional Amendment: The 86th Amendment Act in 2002 was passed, which made education a Fundamental Right for children between 6 and 14 years.
3. Bill Introduced: Six years later, the RTE bill was introduced in the Rajya Sabha.
4. Committee Review: A committee studied the bill and suggested changes.
5. Passed by Parliament: After the 2009 elections, the bill was passed in the Lok Sabha.
6. President’s Assent: The President gave his approval, and the bill became an Act.

Question: What do you think the process would be if RTE had been tabled in the Lok Sabha?

Answer: If the RTE bill had been tabled first in the Lok Sabha, the process would have been very similar. It would have been introduced, read, discussed, and voted on in the Lok Sabha first. After passing in the Lok Sabha, it would have been sent to the Rajya Sabha to repeat the same process before going to the President for assent.

From Page 12

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

Answer:

• Who is reporting to whom? The Ministry of Ayush (part of the government) is providing an “Action Taken” report to the Parliamentary Standing Committee on Health and Family Welfare.
• What is the subject? The subject reviewed is the National AYUSH Mission.
• What is the Committee’s recommendation? The Committee recommends that the Ministry of Ayush should persuade states and UTs that do not have a separate Department of Ayush to create one.
• What is the government’s reply? The government replied that creating a department is a state matter. However, the Ministry of Ayush has requested the states in different meetings to create separate departments for the better implementation of schemes.

From Page 13

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

Answer: The Parliament keeps an eye on government spending because the government spends the money of the people. This money is collected from citizens through taxes, so it is the Parliament’s duty to make sure that the people’s money is being used wisely and for the right purposes.

Question: It is in Chapter II that the role and functions of Parliament are listed. Why might this be so?

Answer: The Constitution might discuss the Executive (Chapter I) before the Parliament (Chapter II) to show how closely they are linked. The Executive (the government) is responsible for putting into action the laws that the Parliament makes. Listing the Executive first highlights its role in giving life to the laws passed by the Parliament.

From Page 14

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

Answer: Even though the ministers (Executive) are also MPs (part of the Legislature), there is still a separation of power. This is because the Legislature as a whole has the job of watching over the Executive. For example, during the Question Hour, any MP can ask questions to the ministers about their decisions and actions. This process ensures that the government is answerable to the rest of the Parliament, which represents the people.

From Page 16

Question: What might happen if one of the organs – Legislature, Executive, Judiciary – had all the power?

Answer: If any one of the organs had all the power, it could become too powerful and might misuse its authority. It could make unfair laws, ignore the rights of the people, and there would be no one to stop it. This would be dangerous for democracy.

Question: How could it affect the rights of people? Discuss with your classmates how each organ checks the others. For example, how does the Legislature question the actions of the Executive?

Answer: If one organ had all the power, it could easily take away the rights of the people. For example, it could pass laws that restrict freedom of speech. The system of checks and balances prevents this:

• Legislature checks the Executive: The Legislature can question the government about its actions during Question Hour and other debates.
• Judiciary checks the Legislature and Executive: The Judiciary can review laws made by the Legislature and actions taken by the Executive to make sure they follow the Constitution.
• Executive checks the Legislature: The Executive (government) proposes most of the bills and the budget, guiding the work of the Legislature.

Question: How does the Judiciary make sure that laws and government actions respect the Constitution?

Answer: The Judiciary acts as the guardian of the Constitution. If a law is passed by the Parliament that goes against the basic principles of the Constitution, the Judiciary has the power to declare that law invalid. Similarly, if the government takes an action that violates someone’s Fundamental Rights, the Judiciary can step in and stop that action.

Question: Do you think there might be ways in which the actions of the Judiciary itself are reviewed?

Answer: Yes, there are ways to review the actions of the Judiciary, but they are complex. For example, the Parliament can, in some cases, pass new laws to clarify points from a court judgment, or in very serious cases, there is a process to remove judges. This is a topic you will learn more about in higher grades.

Question: Can you find examples where the Judiciary has asked lawmakers to review a law?

Answer: Yes. There have been several instances. For example, the courts have often made observations on laws related to the environment, suggesting that the government should make stronger laws to prevent pollution.

Question: Can you find any instances when the implementation of a law has been questioned by the Judiciary?

Answer: Yes. The Judiciary often questions how laws are being implemented. For example, in the case of the Right to Education (RTE) Act mentioned in the chapter, if a child is denied admission to a school, their parents can go to court, and the Judiciary can order the government and the school to follow the law correctly.

From Page 19

Question: What type of legislature does your state have?

Answer: To find out what type of legislature your state has, you can ask your social studies teacher or a parent. State legislatures can be:

• Unicameral: Meaning it has only one house (the Vidhan Sabha or Legislative Assembly). Most states in India have this.
• Bicameral: Meaning it has two houses (the Vidhan Sabha and the Vidhan Parishad). Only a few states like Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana have a bicameral legislature.

From Page 20

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

Answer: From the table, we can see that the number of sittings of the Lok Sabha has decreased over the years. The 1st Lok Sabha (1952-1957) had 677 sittings, while the 13th Lok Sabha (1999-2004) had only 356 sittings. This shows that the Parliament has been meeting for fewer days in recent times compared to the early years after independence.

Question: Read the following statement of the former chairman of the Rajya Sabha, M. Venkaiah Naidu given in 2021… What conclusions can you draw from this statement? What implications does this have for the role that the Rajya Sabha is expected to play?

Answer: From Mr. Naidu’s statement, we can conclude that the productivity of the Rajya Sabha has gone down over the years. This means less work is being done during the sessions because of disruptions. The implication is serious: when the Rajya Sabha doesn’t function properly, there are fewer quality debates on important laws and national issues. This weakens its role as a house of thoughtful discussion that reviews laws passed by the Lok Sabha.

From Page 21

Question: Take up a small group project. Compile data regarding the functioning of the legislature in your state or union territory. Seek an appointment with an MLA and gather information about challenges with respect to the state legislature.

Answer: This is a project. Here is how you can do it:

1. Form a group: Work with 3-4 classmates.
2. Research: Use the internet or library to find data about your state’s Legislative Assembly. Look for information on how many days it met last year and what laws were discussed.
3. Prepare Questions: Write down some questions for your local MLA. For example: “What are the biggest challenges in making laws for our state?” or “How can students get more involved in understanding your work?”
4. Seek an Appointment: With help from your teacher or parents, try to write a letter or email to your MLA’s office to request a short meeting.
5. Gather Information: If you get a meeting, be polite, ask your questions, and take notes.
6. Present Your Findings: Create a chart or presentation to share what you learned with your class.

From Page 22

Question: What message do you think this gives about the role of Parliament and leaders in a democracy?

Answer: The quote from Atal Bihari Vajpayee gives the message that the nation and its democracy are the most important things, much more important than any political party or leader. The role of Parliament and its leaders is to protect the country and its democratic values for all future generations, no matter which party is in power.

Question: Why is it important to protect democratic values even when political power changes?

Answer: It is important to protect democratic values because they ensure fairness, equality, and freedom for all citizens. Governments and parties will change, but these values guarantee that people’s rights are safe, they can choose their leaders freely, and the country is run according to the rules of the Constitution, not the wishes of a single person or group.

End-of-Chapter: Questions and Activities

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

Answer: You can find this information by asking your teacher or searching online for “How many Lok Sabha and Rajya Sabha members are from [Your State’s Name]?”. Every state has a different number of representatives based on its population.

2. What makes the Indian Parliament the “voice of the people”? How does it ensure that different opinions are heard?

Answer: The Indian Parliament is the “voice of the people” because its members in the Lok Sabha are directly elected by all adult citizens of India. It ensures that different opinions are heard through debates and discussions. MPs from different regions, communities, and political parties can speak, raise issues affecting their people, and present various viewpoints before any law is passed.

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

Answer: The Constitution made the Executive (the government) responsible to the Legislature (the Parliament) to ensure that the government is always accountable to the people. Since the Legislature is elected by the people, this rule means the government cannot do whatever it wants. It has to answer questions and justify its actions to the people’s representatives.

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

Answer: We have a bicameral legislature (two houses) at the Union level for two main reasons:

1. To give representation to the states. The Rajya Sabha is the Council of States, where members represent their states. This supports our country’s federal structure.
2. To allow for a deeper review of laws. A bill passed by one house is checked and debated again in the second house. This helps in making better and more thoughtful laws for a large and diverse country like India.

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

Answer: This is an activity. You can choose a recent bill like the Women’s Reservation Bill mentioned in the book.

1. Search online for the “journey of the Women’s Reservation Bill 2023”.
2. Find out if it was introduced in the Lok Sabha or Rajya Sabha first.
3. Read news articles to see what the main points of debate were. Did all parties agree?
4. Find the date it was introduced and the date the President signed it to see how long it took to become a law.
5. Share what you find with your class.

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

Answer: This is a fun classroom activity.

1. Your teacher can help you choose a simple, recent law.
2. Divide the class into groups: Government ministers, Opposition MPs, a Speaker, and a President.
3. The ‘government’ can introduce a pretend bill.
4. The ‘MPs’ can then have a debate, with some supporting the bill and others questioning it. The ‘minister’ must answer the questions.
5. After the debate, the ‘Speaker’ can call for a vote.
6. Finally, the bill goes to the ‘President’ who signs it into law.

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

Answer: Even though the idea had support, passing a bill can take a very long time. This is because lawmaking is a complex process. For over 25 years, there may have been disagreements among different political parties on the specific details of the bill. Building a consensus, or general agreement, where almost everyone is ready to vote for the bill, can take many years of discussions and debates.

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

Answer: When Parliament is disrupted, it has a negative impact.

• Quality of Laws: Important bills might be passed without enough debate and discussion. This can lead to weak or poorly made laws.
• Trust in Representatives: When people see their elected representatives shouting or disrupting sessions instead of working, they can lose trust and faith in them and in the democratic process. It feels like important issues are being ignored.

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

Answer: Yes, this is a great idea. For example, a group interested in “Education” could ask:

• Question for the MLA (State issue): “Our school needs a better library and a playground. What is the state government’s plan to improve facilities in schools in our area?”
• Question for the MP (National issue): “What is the central government doing to make sure that the curriculum in schools across India helps students prepare for modern jobs?”

The questions are different because an MLA deals with issues at the state level (like local schools, hospitals, roads), while an MP deals with issues at the national level (like defence, railways, national education policy).

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

Answer:

• Role of the Judiciary: The Judiciary’s role is to interpret laws, settle disputes, and most importantly, protect the Constitution and the Fundamental Rights of citizens. It ensures that both the government and the citizens follow the law.
• Without an Independent Judiciary: If we didn’t have an independent judiciary (one that is free from the control of the government), the government could become all-powerful. It could make any law it wanted, even if it was unfair or took away people’s rights. Citizens would have nowhere to go for justice if the government treated them unfairly. An independent judiciary is essential for protecting democracy.