Module 31. Union Legislature and Executive

The Union Legislature and Executive form the central pillars of the Indian political system, established under the Constitution of India (1950). These institutions embody the principle of parliamentary democracy, ensuring a balance between the law-making authority of the Parliament and the implementation power of the Executive. Together, they function to uphold the ideals of justice, liberty, equality, and fraternity enshrined in the Preamble.

Structure of the Union Legislature

The Union Legislature, known as the Parliament of India, is a bicameral body consisting of the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People). It derives its powers from Articles 79 to 122 of the Constitution.

• President of India: The President is an integral part of Parliament and performs constitutional functions such as summoning, proroguing, dissolving the Lok Sabha, and assenting to bills.
• Rajya Sabha: The upper house represents the States and Union Territories. It has a maximum strength of 250 members, of which 238 are elected by the States and Union Territories, and 12 are nominated by the President for their expertise in literature, science, art, and social service. The Vice-President of India serves as the ex-officio Chairman of the Rajya Sabha.
• Lok Sabha: The lower house represents the people of India directly. It can have a maximum of 552 members, including 530 elected from States, 20 from Union Territories, and 2 nominated Anglo-Indians (a provision now discontinued by the 104th Constitutional Amendment, 2020). The Speaker presides over its sessions.

Powers and Functions of Parliament

The Parliament exercises legislative, financial, executive, and judicial functions, as well as a role in constitutional amendment and control over the government.

1. Legislative Powers:
   • Parliament can make laws on subjects in the Union List (97 items) and Concurrent List (52 items) of the Seventh Schedule.
   • In certain circumstances, such as during a national emergency, Parliament can legislate on matters in the State List.
2. Financial Powers:
   • The Annual Budget or Money Bill can be introduced only in the Lok Sabha.
   • Parliament controls public expenditure through instruments such as grants, appropriations, and audit reports.
3. Executive Control:
   • The Council of Ministers is collectively responsible to the Lok Sabha.
   • Parliament ensures executive accountability through questions, motions, discussions, and committees.
4. Judicial and Electoral Powers:
   • Parliament can impeach the President (Article 61) and remove judges of the Supreme Court and High Courts for misconduct.
   • It also participates in the election of the President and Vice-President.
5. Constitutional Amendment Powers:
   • Under Article 368, Parliament can amend the Constitution, though certain amendments require ratification by at least half of the States.

Law-Making Procedure

A bill may be introduced in either House (except Money Bills, which originate in the Lok Sabha). The legislative process includes three readings in each House—introduction, discussion, and passage—followed by the President’s assent. A bill becomes an Act of Parliament once the President gives approval.

The Union Executive: Composition and Structure

The Union Executive, defined under Articles 52 to 78, comprises:

1. The President of India
2. The Vice-President of India
3. The Prime Minister and the Council of Ministers
4. The Attorney-General of India

The President of India

The President is the constitutional head of the state and the supreme commander of the armed forces. Elected for a five-year term by an Electoral College consisting of elected members of both Houses of Parliament and State Legislative Assemblies, the President functions largely on the advice of the Council of Ministers.
Powers and Functions:

• Executive Powers: Appoints the Prime Minister, other ministers, governors, judges of higher courts, ambassadors, and members of constitutional bodies.
• Legislative Powers: Summons and dissolves Parliament, addresses sessions, and gives assent to bills.
• Financial Powers: Causes the Annual Budget to be laid before Parliament and oversees Contingency Fund withdrawals.
• Judicial Powers: Has the power to grant pardons, reprieves, and remissions under Article 72.
• Emergency Powers: Can proclaim National (Article 352), State (Article 356), or Financial Emergencies (Article 360) when required.

The Vice-President of India

The Vice-President is the second-highest constitutional office and serves as the ex-officio Chairman of the Rajya Sabha. Elected by members of both Houses of Parliament, the Vice-President acts as the President in the latter’s absence or incapacity until a new President is elected.

The Prime Minister and the Council of Ministers

The Prime Minister is the real executive authority and the head of government. Appointed by the President, the Prime Minister leads the Council of Ministers, which operates on the principle of collective responsibility to the Lok Sabha under Article 75(3).
Functions of the Prime Minister:

• Advises the President on appointments and policy matters.
• Chairs Cabinet meetings and coordinates work among ministries.
• Represents the nation in international affairs.
• Guides Parliament in legislative matters and ensures implementation of laws.

The Council of Ministers is classified into three categories:

• Cabinet Ministers: Senior members heading key departments and formulating national policy.
• Ministers of State: Junior ministers assisting Cabinet Ministers or holding independent charge of specific portfolios.
• Deputy Ministers: Assist higher ministers in administrative and parliamentary duties.

Relationship Between the Legislature and Executive

India follows the parliamentary system of government, characterised by a close relationship between the executive and the legislature. The executive is drawn from the legislature and remains accountable to it. While the President functions as the nominal head, the Prime Minister and Council of Ministers exercise actual powers.
Parliament ensures executive responsibility through mechanisms such as:

• Question Hour and Zero Hour
• Censure and No-Confidence Motions
• Committees on Public Accounts and Estimates
• Debates and Interpellations

This interdependence ensures democratic accountability and prevents the misuse of executive authority.

Significance of the Union Legislature and Executive

The Union Legislature and Executive form the core of India’s democratic framework. The legislature reflects the will of the people and enacts laws for national governance, while the executive ensures efficient implementation of these laws and policies.