6. The Parliamentary System: Legislature and Executive

Journey of RTE:

1. 86th Constitutional Amendment (2002) adds Article 21A.
2. RTE Bill is introduced in the Rajya Sabha (2008).
3. The bill is referred to a Standing Committee, which suggests changes.
4. Debate, clause-by-clause discussion and vote — passed in the Rajya Sabha.
5. The same process is repeated in the Lok Sabha — passed in August 2009.
6. The President gives assent.
7. Gazette notification — RTE becomes an Act.

If it had been tabled in the Lok Sabha, the steps would be the same. Only the order of the Houses would change — first the Lok Sabha, then the Rajya Sabha, then the President’s assent.

• Who reports to whom: The Ministry of Ayush (the Executive) reports to the Standing Committee of Parliament (the Legislature).
• Subject: Co-location of Ayush facilities at PHCs, CHCs and District Hospitals.
• Recommendation: The Ministry should persuade the States and UTs that do not have a separate Department of Ayush to create one.
• Government’s reply: Public health is a state subject, so this is for the states to decide. However, the Ministry has requested the states to create separate directorates. A separate Ayush Directorate now exists in 24 States/UTs.

The government spends the people’s money, which comes from taxes. Parliament represents the people. So it must make sure that the money is spent honestly, wisely and for the purposes approved in the budget. This prevents waste and misuse.

The Executive is placed first because the President is the Head of State and part of both the Executive and Parliament. Also, the Executive runs the government every day and puts laws into action. Its leaders — the President, Vice President and Council of Ministers — are described first, and then Parliament, which makes laws and controls the Executive.

Ministers are MPs, but their roles are different. As the Executive, they implement laws. As the Legislature, Parliament makes laws and checks the Executive through the Question Hour, committees and budget approval. The Executive is answerable to the Lok Sabha and can be removed by it. The Judiciary is fully separate and checks both. So powers are separated in function, with checks and balances.

• If one organ had all the power, it could misuse it. It could make unfair laws, ignore people’s rights and act like a dictator.
• The Legislature questions the Executive through the Question Hour, committees and control over the budget.
• The Judiciary checks whether laws and government actions follow the Constitution and can strike down those that do not.
• The Judiciary itself is checked: judges can be removed by Parliament for misbehaviour, larger benches can review judgments, and Parliament can amend laws within the Constitution.

Examples: In 2015, the Supreme Court struck down Section 66A of the IT Act for violating free speech. In 2024, it struck down the Electoral Bonds scheme.

Maharashtra has a bicameral legislature — the Vidhan Sabha (Legislative Assembly) and the Vidhan Parishad (Legislative Council). Andhra Pradesh, Bihar, Karnataka, Telangana and Uttar Pradesh are also bicameral. Most other states are unicameral.

• The number of sittings has fallen from 677 in the 1st Lok Sabha to 356 in the 13th Lok Sabha, though the number of sessions stayed about the same.
• So Parliament now meets for fewer days than before.
• The Rajya Sabha’s productivity has fallen from about 78% to about 65%, and in some sessions it was very low, mainly due to disruptions.
• Implication: The Rajya Sabha is meant to review bills carefully and represent the states. When it does not function, laws are passed without proper debate and the interests of the states may be ignored.

The message is that the nation and democracy are more important than any party or leader. Parliament and leaders must work for the country, not just for their party.

Democratic values like free elections, rights, debate and the rule of law protect all citizens. If they are weakened when power changes, people may lose their rights. So they must be protected at all times.

Example — Maharashtra: Lok Sabha — 48 members; Rajya Sabha — 19 members.

• Lok Sabha members are elected directly by the people through universal adult franchise.
• The Rajya Sabha represents the states.
• MPs from different parties, regions and communities debate every bill.
• The Question Hour and committees allow MPs, including the opposition, to question the government.
• Translation in many Indian languages lets members speak in their own language.

The Legislature is elected by the people. If the Executive is responsible to it, the government must explain its actions to the people’s representatives. This prevents misuse of power. The Council of Ministers stays in office only as long as it has the support of the majority in the Lok Sabha. So the government always works with the people’s consent.

• India is a large federal country. The Rajya Sabha (Council of States) represents the states.
• A second House gives a second look at bills, so hasty laws are avoided.
• The President nominates experts in fields like art, science and literature to the Rajya Sabha.
• The Rajya Sabha is permanent, which gives continuity.

Example — The Women’s Reservation Bill (Nari Shakti Vandan Adhiniyam), 2023:

• Introduced in the Lok Sabha in September 2023 in a special session.
• Passed by the Lok Sabha and then by the Rajya Sabha within a few days, with wide support.
• Debates were on when it would come into force and on a separate quota for OBC women.
• It received the President’s assent in September 2023.

• Political parties did not agree for a long time.
• Some parties demanded a separate quota for OBC and minority women.
• Some sitting MPs feared losing their seats.
• Earlier bills lapsed when the Lok Sabha was dissolved.

• Bills are passed in a hurry without proper debate, so laws may have flaws.
• Important issues of the people are not discussed.
• The Question Hour is lost, so the government is not held accountable.
• Public money spent on sessions is wasted.
• People lose trust in their representatives and in Parliament.

Example — Interest group on education:

• To the MP: How is the RTE Act being improved? What is the national budget for school education?
• To the MLA: When will our school get a new building and science lab? Why are teacher posts vacant in our district?

Questions to the MP are about national laws and policies (Union List). Questions to the MLA are about state and local matters (State List).

The Judiciary interprets and applies laws and settles disputes. It is the custodian of the Constitution. It checks that laws made by the Legislature and actions of the Executive follow the Constitution. It protects Fundamental Rights.

Without an independent judiciary, the government could make unfair laws and misuse power. People’s rights would not be safe and there would be no one to give fair justice.