This article is written by Ms. Sushree Surekha Choudhury from KIIT School of Law. The article gives a descriptive overview of the legislative, and the executive and the differences between the two.

It has been published by Rachit Garg.

Introduction 

Right from secondary education, we have been taught about the three pillars of democracy i.e., the legislature, the executive, and the judiciary. Media is often considered as the fourth pillar of a democracy. The legislature, executive, and judiciary have been working in coordination and cooperation towards a common goal, i.e., upholding the values of democracy, equality, sovereignty, and integrity of the nation. While there is a clear separation of power between the three, meaning they work independently without any interference from the other two, there remains a mechanism of checks and balances. This is to ensure from time to time, the effective functioning of each division and ensure credibility and justice. The legislature has been entrusted with the responsibility of making or formulating laws. The executive implements these laws and the judiciary ensures that these laws are upheld in the nation with utmost transparency and honesty. Thus, the judiciary is essentially entrusted with upholding justice. The legislature and executive come with minute but significantly different functions and powers. While the theoretical framework suggests that there is a separation of powers between the three, experts believe that in reality, the separation is a blur. In this article, the author will distinguish between the legislative and the executive.

What is the legislative

Described in the Constitution of India under Part V, Chapter II (union legislature) and Part VI, Chapter III (state legislature), the legislative wing or the legislature refers to the branch of government which includes the Parliament and the State Legislatures. India follows a bicameral legislature or bicameralism at the central level, which means that there are two houses of Parliament at the centre. These houses are called Lok Sabha (House of People) or the lower house and Rajya Sabha (Council of states) or the upper house. Any bill that gets introduced at these houses must be approved by both houses followed by the President’s assent to become a law. This is the process by which when completed, a bill becomes law and this is how the legislature makes laws. At the state level, six states follow bicameralism, namely, Bihar, Maharashtra, Karnataka, Uttar Pradesh, Andhra Pradesh, and Telangana. The remaining states and the Union Territories (except the ones governed by the Central Government directly) have adopted unicameralism. This means, that all these states and union territories have a legislative assembly. A legislative assembly function mutatis mutandis to the Lok Sabha. It is also known as the Vidhan Sabha. The six states with bicameralism have a legislative council alongside a legislative assembly. A legislative council is the upper house of the state legislature and is also known as the Vidhan Parishad.

Union legislative

The union legislature has been well defined under Part V, Chapter II of the Constitution. The general provisions, as enumerated in Articles 79-98 speak about the Parliament, its constitution, its composition, the manner of election of members, etc. Let us understand this in detail.  

Formation and composition of the Parliament

1. A Parliament is formed as per Article 79 of the Constitution and it consists of the two houses – the Council of States (Rajya Sabha) and the House of People (Lok Sabha), headed by the President.
2. Article 80 speaks about the composition of the Council of States or Rajya Sabha. The Upper House consists of 238 members representing states and union territories who are members of the Legislative Assembly elected by proportional representation with single transferable voting and 12 other members who are nominated by the President from experts in the fields of literature, science, art, and social service. This filling of seats is done in accordance with the Fourth Schedule of the Constitution. 
3. Article 81 specifies the composition of the House of People or Lok Sabha. The Lower House consists of 538 members who are elected directly from their constituencies. It further consists of 20 members to represent the union territories. These 538 members are divided in equal ratios as per the population of each state to ensure proportional representation to each state, but only those states are given the representative privilege in the lower house of Parliament whose population exceeds 6 million as per the immediately preceding census. Re-adjustments are made after every new census, as per the provisions of Article 82.
4. Chairman and Deputy Chairman are appointed for the Upper House. The Vice-President of India becomes the Ex-officio Chairman and the Deputy Chairman shall be appointed from the existing members. This is done according to Article 89 of the Constitution. 
5. Speaker and Deputy Speaker are appointed for the Lower House of Parliament from among the existing members. Such an appointment is made according to Article 93 of the Constitution. 
6. The Chairman and Deputy Chairman of Rajya Sabha and the Speaker and Deputy Speaker of Lok Sabha’s appointment, their salaries, removal or resignation is done as per the provisions of the Constitution.
7. A Secretariat is established for the Parliament following the provisions of Article 98 of the Constitution. 

Duration, dissolution, and sessions of Parliament

1. The duration of houses of Parliament is mentioned in Article 83 of the Constitution. The Lower House, as it is a permanent house, shall not be dissolved. Rather, one-third of its members expire every two years. As for the Upper House, it shall be dissolved after the completion of 5 years. It will automatically be deemed dissolved after the completion of 5 years. It can also be dissolved earlier if deemed fit and necessary. However, there is an exception to this general rule – the “Proclamation of Emergency.” If an emergency is declared in the nation, the dissolution of the Upper House can be extended for one year and as soon as the emergency ceases to exist, it must be dissolved within 6 months.  
2. Sessions of Parliament are summoned by the President from time to time as per provisions of Article 85 with at least a difference of 6 months between two sessions. The President can prorogue the houses and he can also dissolve the Lok Sabha. 
3. The President can address one or both the Houses of Parliament. He can also send messages to them regarding any bills pending in either house or in any other matter to be taken into consideration. Provisions for this have been articulated in Article 86 of the Constitution. The President also makes a special address to the Houses of Parliament after the commencement of its first session, as per Article 87 of the Constitution. 

Qualification of members of Parliament

Mentioned below are provisions of Article 84 of the Constitution which speaks about the qualifications required to become a member of Parliament. These are as follows: 

1. He/she must be a citizen of India,
2. Subscribes an oath or affirmation as per Schedule III, before a competent authority,
3. The age requirement to become a member of the upper house is 30 years or above and that for the lower house is 25 years or above,
4. Any other qualification as may be prescribed. 

Disqualification from membership of Parliament

Article 102 speaks about the grounds on which a person can be termed disqualified to be a member of Parliament. Those grounds are as follows:

1. If he/she holds any office of profit under the Union Government or any other State Government
2. If he/she has been declared to be of unsound mind by a competent court
3. If he/she is an undischarged insolvent
4. If he/she is not a citizen of India
5. If he/she has obtained citizenship of any foreign state or shows allegiance to any foreign state
6. If he/she is disqualified as per the Tenth Schedule of the Constitution.

Introduction and passing of bills

1. A bill can originate in either house of the Parliament except for money bills and other financial bills which are only introduced in the Lok Sabha. An ordinary bill is passed only when it is approved by both the Houses of Parliament with or without the recommended changes. A bill pending approval does not lapse because of prorogation of houses of Parliament or on the dissolution of the Lok Sabha if it is pending in Rajya Sabha. However, if a bill is pending approval in Lok Sabha and Lok Sabha is dissolved, the bill lapses too. These provisions are enumerated in Article 107 of the Constitution. 
2. A money bill can only be introduced in the Lok Sabha, as per provisions of Article 109. It is then sent to the Rajya Sabha for its recommendation where the bill can be retained for up to 14 days beyond which it shall be deemed to have been passed. Lok Sabha, however, is not bound by these recommendations and can pass the money bill with or without implementing those recommendations. 
3. Finally, when a bill is passed in both houses of Parliament, it is then sent to the President of India for his assent as per Article 111 of the Constitution. In the case of an ordinary bill, the President either assents it or sends it back to the houses for reconsideration with certain recommendations. The Houses may then send it back to the President with or without implementing those recommendations and the President now must assent to it. 

Powers, privileges, and immunities of the members of Parliament 

The members and committees of Parliament enjoy certain parliamentary privileges, and immunities and are vested with some powers. These are enlisted under Article 105 of the Indian Constitution. They are mentioned as follows:

1. Freedom of speech

The members of Parliament are vested with absolute freedom of speech inside the Parliament. It is different from the freedom of speech guaranteed to citizens of India under Article 19(1)(a) since unlike for citizens, it is not bound by reasonable restrictions under Article 19(2) for members of Parliament. However, this power is limited to the Parliament and parliamentary discussions and is not extended outside the houses of Parliament. This power must be exercised with adherence to the provisions of the Constitution.

2. Freedom from being arrested 

A member of Parliament shall not be arrested and no legal proceedings shall be initiated against him or any lawsuit is instituted against him while he enjoys his seat as a member of Parliament. He/she shall also not be put behind bars while the houses are in session. He/she shall not be held liable for anything said or done and votes made in a parliamentary session and no legal proceedings shall be entertained against the same.  

3. Freedom from being a witness

A member of Parliament shall not be asked to appear before any court of law as a witness in any case. They enjoy this immunity and are thus exempted from appearing as witnesses.

4. Rule-making power

Both the houses of Parliament have complete autonomy in making rules and procedures for conducting the business of each house. It shall not be interfered with by anyone else in power outside the house. These rules are in accordance with Article 118 of the Constitution.

5. Publication rights

Members of Parliament can make publications as a part of their parliamentary privilege, for matters relating to the Parliament and parliamentary discussions. These publications must be made under parliamentary authority. No member shall be held liable or legal proceedings be instituted against him/her for any publication made under this parliamentary privilege. 

The members of Houses also have the right to take down, delete or omit portions of any publications made relating to their house, in any report, article, publication, or news. 

6. Right to punish for contempt

If any member of Parliament gives any misleading statement about the House of Parliament or any outsider commits contempt of Parliament by publishing anything misleading about the members of Parliament or assaulting any member or making comments about a member’s character or creating a disturbance of any other kind shall be punished by the Parliament for its contempt. A member can be punished by suspension of his/her membership or punishment of any other kind. Outsiders can be punished with imprisonment or fine or any other kind of punishment as the Parliament may deem fit and proper. 

7. Internal affairs

The Parliament enjoys complete autonomy in running its everyday business, resolving internal issues, and managing internal affairs in a way they deem necessary. It shall not be interfered with by anyone from the outside. However, all of this must be in consonance with the provisions of the Constitution. 

State Legislative 

The Union Legislature has been well defined under Part VI, Chapter III of the Constitution. The general provisions, as enumerated in Article 168-177 speak about the state legislature, its Constitution, its composition, the manner of election of members, etc. Let us understand this in detail.

Formation and composition of the state legislatures

1. A state legislature is formed as per Article 168 of the Constitution and it consists of the Governor, there is a Legislative Assembly for every state, and for the state of Bihar, Maharashtra, Karnataka, Uttar Pradesh, Andhra Pradesh, and Telangana, there shall also be a Legislative Council. 
2. Once formed, a Legislative Council cannot be dissolved. It can however be abolished. States, where a Legislative Council is already present, can be abolished if deemed fit and proper, by a similar manner of voting and special majority. A resolution for abolition is presented to the Legislative Assembly of the state, as per provisions of Article 168 of the Indian Constitution.
3. India has adopted a bicameral legislature. Just as there are two houses of Parliament at the Centre, the states are at volition to adopt bicameralism too. Provisioned and empowered by Article 169 of the Indian Constitution, states can create a Legislative Council.
4. Article 171 of the Indian Constitution describes the composition of the Legislative Council. It states that the states which have a bicameral legislature shall have one-third members as that of the Legislative Council of that state.

Further, for these members, the manner of election is as follows:

• One-third shall be elected by electorates of local authorities
• One-twelfth shall be elected by university graduates of the state
• One-twelfth shall be elected by the teaching population of the state who teaches secondary level education or higher
• One-third shall be elected by the members of the Legislative Assembly and the rest of the members are nominated by the governor of the state.  

Therefore, the composition of the Legislative Council is 1/3rd members of the Legislative Assembly. In no case shall the total number of members in the Council be less than 40 members.

5. Members elected to the Legislative Council are called Members of the Legislative Council (MLC) whose term of office is of six years. State Legislative Council is a permanent body and one-third of its members retire every two years, as provided under Article 172(2) of the Constitution of India.
6. Chairman and Deputy Chairman are appointed to the Legislative Council by the existing members. This is done according to Article 182 of the Constitution. 
7. A Speaker and Deputy Speaker are appointed for the Legislative Assembly from among the existing members. Such appointment is made according to Article 178 of the Constitution. 
8. The Chairman and Deputy Chairman of Rajya Sabha and the Speaker and Deputy Speaker of Lok Sabha are appointed, salaried and removed or resigned as per the provisions of the Constitution.
9. A Secretariat shall be established for the state legislatures following the provisions of Article 187 of the Constitution. 

Duration, dissolution, and sessions of state legislature

1. The duration of the Houses of the state legislature is mentioned in Article 172 of the Constitution. For the Lower House, as it is a permanent house, it shall not be dissolved. Rather, one-third of its members expire every two years. As for the Upper House, it shall be dissolved after the completion of 5 years. It will automatically be deemed dissolved after the completion of 5 years. It can also be dissolved earlier if deemed fit and necessary. However, there is an exception to this general rule – the “Proclamation of Emergency.” If an emergency is declared in the nation, the dissolution of the Upper House can be extended for one year and as soon as the emergency ceases to exist, it must be dissolved within 6 months.
2. Sessions of the state legislature are summoned by the Governor from time to time as per provisions of Article 174 with at least a difference of 6 months between two sessions. The Governor can prorogue the houses and he can also dissolve the Legislative Assembly. 
3. The Governor can address one or both the houses of state legislatures. He can also send messages to them regarding any bills pending in either house or in any other matter to be taken into consideration. Provisions for this have been articulated in Article 175 of the Constitution. The Governor also makes a special address to the houses of the state legislature after the commencement of its first session, as per Article 176 of the Constitution. 

Qualifications of Members of Legislative Council (MLC)

As has been provided under Article 173 of the Indian Constitution, the following are the mandatory prerequisites/ eligibility criterion for membership in the Legislative Council:

• He/she must be an Indian citizen
• He/she must have attained an age of 30 years or above
• Any other eligibility criteria as may be prescribed by the State Government from time to time

Disqualifications of Members of Legislative Council (MLC)

Mentioned below are the grounds on which Members of Legislative Council can be disqualified:

• He/she must not be holding an office as a Member of Parliament
• He/she must not hold any office of profit under Government of India or any State Government, with certain exceptions
• He/she must not be an undischarged insolvent
• He/she must not be declared to be of unsound mind by any competent court or authority
• He/she must not have obtained foreign citizenship/ nationality
• He/she must not be disqualified by any other criteria as has been laid by the Parliament

Introduction and passing of bills

1. A bill can originate in either house of the state legislature except for money bills and other financial bills which are only introduced in the legislative assembly. An ordinary bill is passed when it is approved by the houses of the state legislature with or without the recommended changes of the Legislative Council. A bill pending approval does not lapse by reason of the prorogation of houses of state legislatures or on the dissolution of the Legislative Assembly if it is pending in the Legislative Council. However, if a bill is pending approval in the Legislative Assembly and it is dissolved, the bill lapses too. These provisions are enumerated in Article 196  of the Constitution.
2. A money bill can only be introduced in the Legislative Assembly, as per provisions of Article 198. It is then sent to the Legislative Council for its recommendation where the bill can be retained for up to a period of 14 days beyond which it shall be deemed to have been passed. The Legislative Assembly, however, is not bound by these recommendations and can pass the money bill with or without implementing those recommendations. 
3. Finally, when a bill is passed by the state legislature, it is then sent to the Governor of the respective state for his assent as per Article 200 of the Constitution. In the case of an ordinary bill, the Governor either assents it or sends it back to the houses for reconsideration with certain recommendations. The Houses may then send it back to the Governor with or without implementing those recommendations and the Governor now must assent to it. 

Powers, privileges, and immunities of the members of state legislatures 

Members of state legislatures are vested with a similar set of powers, privileges, and immunities as has been granted to members of Parliament. Enlisted under Article 194 of the Constitution, these powers, privileges, and immunities are as follows:

Freedom of speech

The members of state legislatures are vested with absolute freedom of speech inside the houses of the legislature. It is different from the freedom of speech guaranteed to citizens of India under Article 19(1)(a) since unlike for citizens, it is not bound by reasonable restrictions under Article 19(2) for members of the state legislature. However, this power is limited to the houses and discussions therein and is not extended outside the houses of the state legislature. This power must be exercised with adherence to the provisions of the Constitution.

Freedom from being arrested 

A member of the Legislative Assembly or Legislative Council shall not be arrested and no legal proceedings shall be initiated against him/her or any lawsuit be instituted against him while he enjoys his seat as a member of the legislature. He/she shall also not be put behind bars while the houses are in session. He/she shall not be held liable for anything said or done and votes made in a session of a house of the legislature and no legal proceedings shall be entertained against the same.  

Freedom from being a witness

A member shall not be asked to appear before any court of law as a witness in any case. They enjoy this immunity and are thus exempted from appearing as witnesses.

Rule-making power

Both the Houses have complete autonomy in making rules and procedures for conducting the business of each house. It shall not be interfered with by anyone else in power outside the house. These rules are in accordance with Article 208 of the Constitution.

Publication rights

Members can make publications as a part of their privilege, for matters relating to the Houses of state legislatures and discussions therein. These publications must be made under the authority of the legislature. No member shall be held liable or legal proceedings be instituted against him/her for any publication made under this privilege. 

The Members of Houses also have the right to take down, delete or omit portions of any publications made relating to their House, in any report, article, publication, or news. 

Right to punish for contempt

If any member gives any misleading statement about the Houses or any outsider commits contempt of state legislature by publishing anything misleading about the members or assaulting any member or making comments about a member’s character or creating a disturbance of any other kind shall be punished by the respective house of the state legislature for its contempt. A member can be punished by suspension of his/her membership or punishment of any other kind. Outsiders can be punished with imprisonment or fine or any other kind of punishment as the legislature may deem fit and proper. 

Internal affairs

The Houses enjoy complete autonomy in running their everyday business, resolving internal issues and managing internal affairs in a way they deem necessary. It shall not be interfered with by anyone from the outside. However, all of this must be in consonance with the provisions of the Constitution.

What is the Executive 

Described in the Constitution of India under Part V, Chapter I (Union Executive) and Part VI, Chapter II (State Executive), it is the branch of government which implements laws made by the Legislature. It consists of the President of India, the Vice-President of India, the Council of Ministers headed by the Prime Minister, the Attorney-General of India at the Centre and the Governor, the Council of Ministers headed by the Chief Minister, and the Advocate-General for the states. The conduct of the business of the Union and that of the states are made in the name of the President (at Centre) and the Governor (for States). The Council of Ministers headed by the Prime Minister aids and advises the President and the Council of Ministers headed by the Chief Minister aids and advises the Governor. Together they run the governance of states and the Union as a whole and they also implement the laws made by the state legislatures in the particular state and laws made by the Parliament of the Union of India.

Union Executive

As has been elaborated under Part V, Chapter I of the Constitution, the Union Executive consists of the President, Vice-President, and Prime Minister along with his Council of Ministers. Their powers, functions, and manner of an election have also been enumerated in this part. They are:

President

Mentioned below are the functions, powers, and duties of the President of India:

1. Article 52 of the Constitution states for the election of a President for India. He is vested with all the executive powers of the Union. He is the Supreme Commander of Defence Forces. These executive powers are vested to him under Article 53 of the Constitution.  
2. The President of India is elected by the members of Parliament and members of state legislative assemblies with proportional representation among different states according to the population of those states, through an electoral college. These provisions are in accordance with Article 54 and Article 55 of the Constitution. 
3. The President of India holds office for a tenure of 5 years as per Article 56 of the Constitution unless he resigns or is impeached. He can also continue to hold office longer than 5 years till the successor takes office. Article 57 states that a President can also be re-elected. 
4. Qualifications for becoming a President of India (Article 58):

• He/she must be an Indian citizen,
• He/she must be of 35 years or above, 
• He/she must be eligible to be a member of the Lok Sabha.

5. Disqualifications for becoming a President for India is that a person is not eligible for the post of President if he/she holds any office of profit under any government authority or local bodies, is an undischarged insolvent, or has committed any offence.
6. Impeachment of the President is a process followed as per Article 61 of the Constitution if the President is charged to have violated the Constitution. This charge shall be levelled by either House of Parliament. It shall be done in the following manner:

• A resolution has to be passed by a house of Parliament with one-fourth of members signing it, post a 14 days notice period
• The resolution has to be passed by a two-thirds majority 
• Investigation is to be conducted. If the levelled charges are proven and a resolution is passed further with a two-thirds majority, the President shall be impeached from his office. 

7. The President is vested with powers to grant pardons, and suspend/ remit/ commute sentences for certain offences. This special privilege is granted to him under Article 72 of the Constitution.
8. A Council of Ministers, headed by the Prime Minister is also formed to aid and advise the President, as per Article 74 of the Constitution. 
9. The President conducts the business and affairs of the Union of India as per the provisions laid down under Article 77 of the Constitution.  

Vice-President 

Mentioned below are the functions, powers and duties of the Vice-President of India:

1. There shall be appointed a Vice-President for India as per Article 63 of the Constitution. Article 64 says that he shall be the Ex-officio Chairman of the Council of States. 
2. The Vice-President is elected by the members of both the Houses of Parliament by a system of Secret Ballot through proportional representation and a single transferable vote, as per Article 66 of the Constitution.
3. He shall not hold any office of profit under any government and shall be a citizen of India.
4. As per Article 67, a Vice-President holds office for a term of 5 years unless he resigns or is removed from office by a majority vote and resolution passed by the houses of Parliament. He can also hold office for a period of more than 5 years till his successor resumes office. 

State Executive

The State Executive whose provisions are mentioned in Part VI, Chapter II of the Constitution, consists of Governors for each state, aided by a Chief Minister appointed for that state along with his Council of Ministers. These provisions are

1. There shall be appointed a Governor for each state as per Article 153 of the Constitution. One person can also be appointed as a Governor for more than one state. The Governor is vested with the executive powers of the state as per Article 154 of the Constitution.
2. The Governor is appointed by the President of India as per Article 155 of the Constitution. He holds office for a term of 5 years as per Article 156 of the Constitution. He can continue till his successor takes office. He can also resign or be removed before his tenure is completed. 
3. For becoming a Governor, a person must be an Indian citizen and must have completed an age of 35 years as has been laid under Article 157 of the Constitution. He must not be holding any office of profit. 
4. The Governor is vested with powers under Article 161  to grant pardons, commute sentences or suspend/ remit sentences in certain cases.
5. Article 163 speaks for the formation of a Council of Ministers headed by the Chief Minister to aid and advise the Governor in conducting business and managing affairs of the state under Article 166 of the Constitution. 

Difference between the roles of legislative and executive branches of the government 

The legislature and the judiciary differ significantly in their roles, duties, powers, functions, and responsibilities. Some of the significant differences are as follows:

Criteria	Legislative	Executive
Composition	Parliament (Lok Sabha and Rajya Sabha) and State Legislature (Vidhan Sabha and Vidhan Parishad).	President, Vice-President, Prime Minister, Council of Ministers at centre and Governor, Chief Minister, Council of Ministers at each state.
Function	Make laws.	Implements laws made by the legislature. The executive is accountable to the legislature.
Committees	Parliamentary committees aid and advise the legislature.	The executive is not bound by those committees.
International treaties	Parliament does not have the power to sign and ratify international treaties.	The executive is vested with the power to sign and ratify international treaties.
Dissolution of Lok Sabha	Lok Sabha is dissolved when the ruling party loses the majority.	The President dissolves Lok Sabha on the advice of the Prime Minister.
Ordinances	Have to be presented within 6 weeks of commencement of Parliament.	The President can promulgate ordinances if the Parliament is not in session.
Question hour	The Parliament can ask questions to the executive ministers during the question hour.	Ministers have to answer the questions asked by them by the members of Parliament.

Separation of Powers 

It is the concept of non-interference and independence. Indian democracy implements the doctrine of Separation of Powers in a manner such that it is divided into legislature, executive, and judiciary and all the branches work independently while coordinating with one another. The Doctrine states that no branch of government shall intervene in the affairs of the other branches. The Legislature is entrusted with making laws, the Executive’s task is to implement these laws and the Judiciary upholds justice and preserves these laws. While India theoretically follows the doctrine of Separation of Power, the truth of this implementation is always debated. Many experts believe that branches of government interfere in each other’s matters and there is no true separation of powers in India, under the veil of checks and balances. For instance, the executive is accountable to the legislature, and the legislature exercises financial control over the executive. The ministers are also bound to answer the questions raised to them by the MPs in question hour. However, the interference is not absolute and hence it is believed that the doctrine is respected since the essence of the doctrine is that no other organ of government must perform the functions entrusted to another organ. All three branches have different sets of rules and powers and each branch performs the function that they are entrusted with. 

Benefits of implementing the doctrine of Separation of Powers

• Decentralisation of powers
• Reduces corruption
• Deconcentration of powers in hands of few
• Abuse of power
• Step-wise systematic procedure of governance
• Effective governance
• Information symmetry
• Greater good and public interests upheld
• Independence of judiciary
• Upholds values of democracy

In the landmark judgment of Indira Gandhi v. Raj Narain (1975), the doctrine of Separation of Powers was discussed and it was stated by the Court that India follows the doctrine in a broader sense. 

Mechanism of checks and balances 

This mechanism is prevalent between the Executive and the Legislature. The Legislature monitors the functioning of the Executive through this mechanism of checks and balances. Under this mechanism, the Legislature exerts some control over the Executive, in the form of financial control and political control, in the following manner:

• The Legislature appoints the President and Vice-President by means of electoral representation. 
• While implementing laws made by the Legislature, the Executive must first seek permission from the Legislature to do so.
• Budget presented by the Executive needs to be approved and granted by the Legislature. This is how the Legislature exerts financial control over the Executive. 
• The executive owes collective responsibility to the Lower House of Parliament.
• The members of Parliament have the right to ask starred and unstarred questions to the council of ministers to which they must reply, to the starred questions- orally and to the unstarred questions- in a written manner. 
• The Legislature can issue motions of no-confidence or adjournment of the Executive if it deems fit and necessary to do so. 

Thus, the Legislature always keeps a keen eye on the executive and its functioning in order to ensure proper implementation of laws, efficient governance, and uphold the greater good of the public for whom the laws are made. 

Conclusion 

India, being a democratic republic follows the doctrine of separation of powers between its organs of governance, i.e., the Executive, the Legislature, and the Judiciary. Though all of them are together entrusted to uphold the values embedded in our Constitution, they work independently even while coordinating and cooperating with one another. This independence ensures effective administration and fair functioning of the nation. The difference between the Legislative and Executive is that minute that it tends to look like one unit from afar due to the constant checks and balances that the legislature operates on the executive, yet their functions differ significantly. One is entrusted with making laws and policies while the other is supposed to implement those policies and laws in a proper and effective manner. Debates around the independence of these organs are thus always prevalent.

Frequently Asked Questions (FAQs)

Who is the head of the Government of India?

The Prime Minister of India is the head of the Government of India.

What is the work of the Council of Ministers?

It is only on the aid and advice of the Prime Minister along with his council, that the President takes important decisions. Similarly, the Governor takes decisions and conducts business with the aid and advice of the Council, headed by the Chief Minister.

What does it mean by collective responsibility?

The executive organ of government owes collective responsibility to the legislature. This means that through a system of checks and balances, the legislature supervises the work of the executive and the executive is accountable and answerable to the legislature.

What powers can the legislature perform over the executive?

The legislature exerts legislative powers over the executive, in the form of political powers and financial powers. The President and Vice-President are elected by Parliamentary voting. To approve and grant a budget, the executive needs it to be granted by the legislature, hence the financial control. The members of Parliament can also ask questions to the ministers in the question hour and the ministers shall thus, be answerable.

What is the prime advantage of a parliamentary form of Government?

The prime advantage of a parliamentary form of Government is that the executive is responsible and answerable to the legislative. This is known as collective responsibility of the executive (Council of Ministers) to the legislative. Collective responsibility is described under Article 75 of the Indian Constitution.

Between which organs of government is the mechanism of checks and balances prevalent?

The mechanism of checks and balances is prevalent between the legislature and the executive.

Which organ of Government has the power to sign foreign treaties?

Only the executive has the power to sign foreign treaties. The legislative cannot do so. 

References 

1. https://unacademy.com/content/upsc/difference-between/legislative-vs-executive/
2. https://testbook.com/ias-preparation/difference-between-legislative-and-executive/ 
3. https://prepp.in/news/g-41726-parliamentary-control-over-executive-indian-polity-upsc-notes 
4. https://www.ncsl.org/research/about-state-legislatures/separation-of-powers.aspx 
5. https://www.thenewsminute.com/article/three-pillars-democracy-lie-159234 
6. https://byjus.com/free-ias-prep/difference-between-legislative-and-executive/ 
7. https://indiankanoon.org/doc/936707/ 

---

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

https://t.me/lawyerscommunity

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.