Notes-NCERT-Class-8-Social Science-Chapter-6-The Parliamentary System: Legislature and Executive-CBSE

Introduction :

India’s Independence and Beginning of Self-Government :

• India got independence after many years of struggle against British rule.
• Many freedom fighters made great sacrifices for the country.
• After independence, the people of India got the right to decide how they wanted to be governed.
• The first important step was to prepare a Constitution for independent India.

Drafting of the Constitution :

• The Constitution is a detailed document that lays down the rules and principles for governing the country.
• It explains the rights and duties of citizens and the powers of the government.
• One of its most important features is Universal Adult Franchise.

Universal Adult Franchise :

• Universal Adult Franchise means that every citizen aged 18 years and above has the right to vote.
• No one is denied the right to vote on the basis of caste, religion, gender, race, or economic status.
• It ensures equality and strengthens democracy in India.

Election of Representatives :

• The people of India directly elect their representatives to the Lok Sabha.
• The political party or group with majority seats forms the government.
• This shows that the government works with the consent of the people.

Role of Parliament :

• The Parliament is the highest law-making body of India.
• It makes laws for the country.
• It consists of elected representatives of the people.
• It controls and guides the work of the government.

Lok Sabha in India :

• The first Lok Sabha was formed in 1952.
• Since then, 17 Lok Sabhas have completed their terms.
• The 18th Lok Sabha was constituted in June 2024.

This system ensures that India functions as a democratic country where the power lies with the people.

Parliament House (Sansad Bhavan) :

Introduction :

• The new Parliament building of India is also called Sansad Bhavan.
• It has a soft triangular shape.
• The design symbolises balance, unity, and inclusiveness.

Eco-Friendly Features :

• The building is constructed using eco-friendly methods.
• It reduces electricity consumption by about 30 per cent.
• This makes it more energy-efficient and environment-friendly.

Interior Decoration :

The walls are beautifully decorated with carvings of:

• Peacocks
• Lotuses
• Tribal art
• Freedom fighters

Cultural and Historical Symbols :

• The building includes many ancient Indian symbols.
• These symbols remind us that Indian democracy respects its traditions.
• At the same time, it is modern and forward-looking.
• The new Sansad Bhavan represents India’s rich culture along with its democratic values and progress.

Composition of the Parliament of India :

Parts of the Indian Parliament :

The Parliament of India consists of:

• The President of India
• The Lok Sabha (House of the People / Lower House)
• The Rajya Sabha (Council of States / Upper House)

This system of having two Houses is called a bicameral system. (‘Bi’ means two.

‘Cameral’ means chamber or house.)

Why a Bicameral System Was Chosen :

• During the making of the Constitution, there were detailed discussions about whether India should have one or two Houses.
• It was decided that one directly elected House would not be enough to handle the challenges of a large and diverse country like India.
• Therefore, a second House was created for better discussion and representation.

Role of the Rajya Sabha :

• The Rajya Sabha represents the states of India.
• It reflects the spirit of federalism.
• The method of election and composition of the Rajya Sabha is different from that of the Lok Sabha.
• This ensures wider representation and balanced decision-making.

Federalism in India :

India follows federalism, a system of government in which powers are divided between:

• The Central Government
• State Governments
• Local Governments

This system maintains a balance between national unity and regional interests.

Thus, the structure of Parliament ensures proper representation, detailed law-making, and balance in governance.

Function :

Functions of the Parliament of India

Presiding Officers of Each House : Each House of Parliament has a presiding officer to maintain order during debates and discussions.

In the Lok Sabha, the members elect a Speaker.

• The Speaker conducts the sessions.
• Allows members to speak.
• Maintains discipline.
• Ensures that rules are followed.

In the Rajya Sabha, the Vice President of India acts as the Chairperson.

• He/she presides over the meetings of the Rajya Sabha.

Legislative and Executive Functions : Parliament has two main types of functions:

(a) Legislative Function :

• Making laws for the country.
• Discussing and passing bills.

(b) Executive Function :

• Ensuring that laws are properly implemented and enforced.
• Supervising and controlling the working of the government.
• The executive gives practical effect to the laws made by Parliament.

The Union Executive :

The Union Executive consists of:

• The President
• The Vice President
• The Council of Ministers headed by the Prime Minister

The Council of Ministers is selected from among the Members of Parliament (MPs) of both Houses.

• They are collectively responsible to the Lok Sabha.
• If they lose the support of the Lok Sabha, they must resign.

Thus, Parliament not only makes laws but also ensures that the government works properly and remains accountable to the people.

Know This : To help make Parliamentary discussions accessible to all, translation services are provided in multiple Indian languages.

 

Legislative Functions of the Parliament :

The Parliament of India is the highest law-making body of the country.
It acts as the guardian of the “spirit of the age”, meaning it ensures that:

• Laws change according to modern needs.
• The core values of the Constitution are protected.

It works in a way that maintains the separation of powers between the Legislature, Executive, and Judiciary.

Four Main Functions of Parliament :

1. Constitutional functions
2. Lawmaking
3. Executive accountability
4. Financial accountability

We explore them briefly in the sections below

(1) Constitutional Functions :

The Parliament of India has the important duty of protecting and upholding the core values of the Indian Constitution. Its main constitutional functions include the following:

(i) Ensuring Parliamentary Democracy : Parliament supports democracy through Universal Adult Suffrage.

(ii) Following the Separation of Powers : The Constitution divides powers among:

• Legislature (makes laws)
• Executive (implements laws)
• Judiciary (interprets laws)

Parliament respects this separation to maintain balance and prevent misuse of power.

(iii) Ensuring Federalism : India follows a federal system of government. Powers are divided between the Central Government, State Governments, and Local Governments. Parliament ensures that this balance of power is maintained.

(iv) Upholding Fundamental Rights and Directive Principles : Parliament frames laws and policies to protect Fundamental Rights of citizens. It also works towards achieving the goals mentioned in the Directive Principles of State Policy. This helps promote justice, equality, and welfare in society.

Thus, through its constitutional functions, Parliament safeguards democracy and ensures that the principles of the Constitution are properly followed.

(2) Lawmaking Function :

One of the main functions of the legislature is to make laws.
The Constitution provides a detailed and careful procedure for making laws.

• A proposed law is first prepared as a Bill (a draft of a law).
• After discussion and approval, the Bill becomes an Act.
• Once an Act is enforced, it becomes a law of the country.

The process is long and involves debate, discussion, and approval at different stages to ensure that the law is fair and effective.

(3) Executive Accountability :

• Parliament ensures that the government explains and justifies its policies.
• Ministers are questioned during Question Hour and debates.
• If the government loses the confidence of the Lok Sabha, it must resign.

(i) Union Executive :

• The Prime Minister and the Council of Ministers are part of the Union Executive.
• They are responsible for implementing the laws made by Parliament.
• They ensure the smooth day-to-day functioning of the government.
• They take important decisions related to administration and governance.

(ii) Responsibility to the Lok Sabha :

• The Executive is answerable to the Lok Sabha, which is the directly elected House of the People.
• If the Council of Ministers loses the confidence of the Lok Sabha, it must resign.
• This ensures that the government works according to the will of the people.

(iii) Question Hour :

• One important method of accountability is the Question Hour.
• It is the first hour of a Parliamentary sitting.
• During this time, Members of Parliament (MPs) ask questions to ministers.
• Ministers must explain and justify their decisions and policies.
• This promotes transparency and responsibility.

(iv) Role of Parliamentary Committees :

• Parliamentary Committees consist of MPs from different political parties.
• They closely examine the work of different ministries.
• They question ministers and review government performance.
• These committees help in continuous monitoring of the Executive.

Thus, Executive Accountability ensures that the government remains responsible and answerable to Parliament and ultimately to the people.

(4) Financial Accountability :

(i) Control over Government Spending :

• Parliament controls the spending of the government through the Annual Budget process.
• No money can be spent from the public treasury without Parliament’s approval.

(ii) Approval of Funds :

• Parliament discusses and approves the allocation of funds to different ministries and departments.
• This ensures that money is spent only for approved purposes.

(iii) Monitoring Use of Public Funds :

• Parliament keeps a check on how public money is used.
• It ensures that funds are not misused or wasted.

(iv) Financial Reporting by the Government :

• The government must provide detailed, accurate, and timely financial information to Parliament.
• This helps Parliament examine income, expenditure, and overall financial management.

Financial Accountability ensures transparency, proper use of public money, and responsible governance.

Thus, Parliament plays a vital role in protecting democracy, ensuring responsible governance, and adapting laws to meet the needs of the country.

Executive Functions of Parliament :

Parliament is closely connected with the Executive. The Executive carries out the laws made by Parliament and runs the government.

(1) The President :

• The President of India is the Head of State.
• The President is the nominal (constitutional) head of the Executive.
• The Prime Minister and the Council of Ministers actually run the government.

Functions of the President:

• Appoints the Prime Minister.
• Appoints other ministers on the advice of the Prime Minister.
• Summons and prorogues Parliament.
• Gives assent to Bills passed by Parliament.
• The Council of Ministers aids and advises the President.
• In special situations (such as when no party has a clear majority in the Lok Sabha), the President may use discretionary powers.

(2) The Prime Minister and the Council of Ministers :

• The Prime Minister is the real (de facto) executive authority in India.
• The President appoints the leader of the majority party or coalition in the Lok Sabha as the Prime Minister.
• The Prime Minister must have the support of the majority of MPs in the Lok Sabha.

Key Functions of the Prime Minister:

• Leads the Council of Ministers.
• Advises the President.
• Coordinates the work of different ministries.
• Shapes and guides national policies.

Role of the Council of Ministers :

• The Council of Ministers helps the Prime Minister in running the government.
• They take major decisions regarding administration and policies.
• They are collectively responsible to the Lok Sabha.
• If they lose the confidence of the Lok Sabha, they must resign.

Role in Lawmaking and Administration :

• Most Bills introduced in Parliament are proposed by the government.
• A permanent group of officials called civil servants (administrators or bureaucrats) help in implementing laws and policies.
• They work under the direction of ministers and ensure smooth functioning of government departments.

Thus, the Executive plays a vital role in running the government while remaining accountable to Parliament.

The Judiciary — Role of Checks and Balances :

The Judiciary is the branch of government responsible for interpreting and applying the laws of the country. In India, the judicial system functions through a hierarchy of courts, with the Supreme Court of India at the top, followed by the High Courts of India and other subordinate courts.

Custodian of the Constitution :

• The Judiciary acts as the guardian or custodian of the Constitution of India.
• It ensures that all organs of government — the Legislature and the Executive — work within the limits set by the Constitution.
• If any law or action goes against the Constitution, the Judiciary has the power to declare it unconstitutional.

Check on the Legislature :

• The Legislature (Parliament) has the power to make laws.
• However, the Judiciary checks whether the laws passed by bodies like the Parliament of India follow constitutional provisions. This power of the courts is called Judicial Review.
• If a law violates Fundamental Rights or any part of the Constitution, the court can strike it down.

Check on the Executive :

• The Executive implements and enforces laws.
• If the Executive misuses its powers or violates constitutional provisions while implementing laws, the Judiciary can intervene and correct such actions.

Separation of Powers and Checks and Balances :

The Indian Constitution provides for a separation of powers among the Legislature, the Executive, and the Judiciary.

• The Legislature makes laws.
• The Executive implements laws.
• The Judiciary interprets laws and ensures they are constitutional.

Through this system of checks and balances, no single organ becomes too powerful. Each branch limits and controls the powers of the others, thereby protecting democracy and safeguarding citizens’ rights.

Conclusion : The Judiciary plays a vital role in maintaining democracy by interpreting laws, protecting Fundamental Rights, and ensuring that both the Legislature and the Executive function within the framework of the Constitution.

Legislative and Executive Functions at the State Level :

Just as the Union Government works through the Parliament of India, each state in India has its own legislature and executive.

(1) State Legislature : The legislative body at the state level is called the State Legislature. In most states, it consists of the Legislative Assembly (Vidhan Sabha). Some states also have a Legislative Council (Vidhan Parishad).

• The members of the Legislative Assembly are called MLAs (Members of Legislative Assembly).
• MLAs make laws on subjects mentioned in the State List and the Concurrent List of the Constitution of India.
• Examples of State List subjects include police, public health, agriculture, and local government.

(2) State Executive : The executive at the state level consists of the Governor, the Chief Minister, and the Council of Ministers.

• The Governor is the constitutional head of the state.
• The Chief Minister is the real executive head and is assisted by the Council of Ministers.
• The Executive implements the laws made by the State Legislature and manages the day-to-day administration of the state.

(3) Role and Relationship :

• The State Legislature makes laws.
• The State Executive enforces and implements these laws.
• The Executive is responsible to the Legislative Assembly.

Conclusion : At the state level, the Legislature (MLAs in the Legislative Assembly) makes laws on State and Concurrent List subjects, while the Executive (Governor, Chief Minister, and Council of Ministers) implements these laws and runs the administration of the state.

Union List, State List, and Concurrent List :

The Constitution of India divides subjects of law-making between the Union and the States through three lists mentioned in the Seventh Schedule.

(1) Union List : The Union List contains subjects on which only the Union Government can make laws through the Parliament of India. These subjects are of national importance.
Examples include:

• Defence
• Foreign Affairs
• Banking
• Currency
• Railways

Only Parliament has the power to legislate on these matters.

(2) State List : The State List contains subjects on which only the State Legislatures can make laws. These subjects are mainly related to local or state matters.
Examples include:

• Police
• Public health
• Agriculture
• Local government

State laws are made by the Legislative Assembly (Vidhan Sabha).

(3) Concurrent List : The Concurrent List includes subjects on which both the Union and State Governments can make laws.

Examples include:

• Education
• Forests
• Marriage and divorce
• Trade unions

However, if there is a conflict between a Union law and a State law on a Concurrent List subject, the Union law prevails.

For example, the Right of Children to Free and Compulsory Education Act (RTE Act) applies across India, even though education is a Concurrent List subject.

Structure of State Legislatures :

The structure of State Legislatures in India is provided under the Constitution of India. State legislatures in India may be unicameral (one house) or bicameral (two houses).

(1) Unicameral Legislature : A Unicameral Legislature means the state has only one house, called the Legislative Assembly (Vidhan Sabha).
Most Indian states follow this system.

(2) Bicameral Legislature : A Bicameral Legislature means the state has two houses:

• Legislative Assembly (Vidhan Sabha – Lower House)
• Legislative Council (Vidhan Parishad – Upper House)

The Legislative Assembly is the more powerful house, while the Legislative Council plays a revising and advisory role.

(3) States with Bicameral Legislatures : At present, the following states have bicameral legislatures:

• Andhra Pradesh
• Bihar
• Karnataka
• Maharashtra
• Telangana
• Uttar Pradesh

Challenges to the Effective Functioning of the Legislatures :

The Indian Legislature, mainly the Parliament of India, performs important functions such as making laws, supervising the government, approving the budget, and discussing public issues like development and foreign policy.

However, there are several challenges that affect its effective functioning:

• Absenteeism of Members : Many Members of Parliament (MPs) and MLAs are often absent during sessions. This delays discussions and affects the quality of law-making.
• Disruptions and Uncooperative Behaviour : Some members create disturbances, shout slogans, or disrupt proceedings. This reduces productive working hours and weakens parliamentary debates.
• Disturbance of Question Hour : The Question Hour, which allows members to question the government and ensure accountability, is often disrupted. As a result, the Executive is not properly questioned.
• Limited Working Days : Parliament meets three times a year — Budget Session, Monsoon Session, and Winter Session. Although sessions generally last about six hours a day, frequent disruptions reduce effective working time.
• Criminal Background of Some Members : The presence of members with criminal backgrounds raises concerns about the quality of representation and public trust in democracy.

Role of Citizens in Strengthening the Legislature :

Democracy becomes stronger and more responsive when citizens are informed, aware, and active participants.

Citizens can strengthen democracy by:

• Asking questions
• Sharing opinions
• Participating in public discussions

These actions help in making better laws and policies and ensure representatives remain accountable.

Ways to Improve the Legislature :

To improve the functioning of legislatures:

• Citizens should stay informed about important public issues.
• Participate in discussions on government platforms.
• Engage with leaders and policymakers on matters affecting society.
• Encourage youth and diverse voices to enter public life.
• With the help of technology, people can now stay connected and involved more easily than before.

Conclusion : Although the Legislature plays a vital role in law-making and governance, challenges like absenteeism, disruptions, and reduced working hours affect its efficiency. Active citizen participation and responsible conduct by representatives are essential for strengthening Indian democracy.

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