BharatNotes Why this chapter matters for UPSC: The structure of Parliament and the executive is the backbone of GS2 (Indian Polity & Governance). The composition of the Lok Sabha and Rajya Sabha, the roles of the President, Prime Minister, and Council of Ministers, the parliamentary (Westminster) system, and how a bill becomes law are core Prelims facts and Mains themes on accountability, separation of powers, and governance.
Cross-paper relevance
- GS2 — Indian Polity: Lok Sabha (max 550; 104th Amendment 2020 ended Anglo-Indian seats); Rajya Sabha (max 250; 12 nominated; permanent body); Article 74 (President acts on CoM advice); Article 75 (collective responsibility); money bills; Westminster model; anti-defection law (10th Schedule, 1985); Women's Reservation Act (106th CAA 2023 — 33% seats after census and delimitation)
- GS2 — Governance: Parliamentary productivity — declining session days (18th Lok Sabha 2024: 49 sitting days in 2024 vs 120+ days norm); ordinances as executive overreach; question hour; zero hour; parliamentary committees (PAC, Standing Committees, Joint Parliamentary Committees)
- GS2 — Comparative Politics: Presidential (USA — fixed term, separate legislature; President not removable by Congress except impeachment) vs Parliamentary (India/UK — executive dependent on legislature; PM can be removed by no-confidence); semi-presidential (France — elected President + PM responsible to Parliament)
- GS4 — Ethics: Ethics in governance — elected representatives' accountability to constituents; anti-defection and floor-crossing; criminalization of politics (ADR data: 251 of 543 elected MPs in 18th Lok Sabha have declared criminal cases)
- Essay: "Parliament — the theatre of Indian democracy"; "Is India's Parliament losing its accountability function?"
PART 1 — Quick Reference Tables
| Organ of Government | Function | Key Articles |
|---|---|---|
| Legislature (Parliament) | Makes laws; controls finances; holds executive accountable | Articles 79–122 |
| Executive | Implements laws; runs the administration | Articles 52–78 |
| Judiciary | Interprets laws; protects the Constitution | Articles 124+ |
| House of Parliament | Nature | Maximum Strength | Term |
|---|---|---|---|
| Lok Sabha (House of the People) | Directly elected | 550 (530 states + 20 UTs; actual 543) | 5 years |
| Rajya Sabha (Council of States) | Indirectly elected + 12 nominated | 250 (238 elected + 12 nominated) | Permanent body; members serve 6 years |
| Office | Role | Key Article |
|---|---|---|
| President | Constitutional head of state; acts on the advice of the Council of Ministers | Article 74 |
| Prime Minister | Real head of government; leader of the majority in Lok Sabha | Article 75 |
| Council of Ministers | Collectively responsible to the Lok Sabha | Article 75(3) |
PART 2 — Detailed Notes
Three Organs, One Constitution
A modern democratic government has three organs: the legislature (which makes laws), the executive (which implements them), and the judiciary (which interprets them and guards the Constitution). India follows a parliamentary system (the Westminster model, adapted from Britain), in which the executive is drawn from, and answerable to, the legislature — unlike a presidential system where they are separate.
Parliament: The Legislature
India's Parliament consists of the President and two Houses:
- The Lok Sabha (House of the People) is directly elected by the people through universal adult franchise. Its maximum strength is 550 (530 from states + 20 from Union Territories; the 2 nominated Anglo-Indian seats were ended by the 104th Amendment, 2020, so the present maximum is 550, with actual strength 543). It has a 5-year term (unless dissolved earlier). The Lok Sabha is the more powerful House, especially over money matters.
- The Rajya Sabha (Council of States) represents the states and UTs. It has a maximum of 250 members — 238 elected by state legislatures plus 12 nominated by the President (for expertise in arts, science, literature, social service). It is a permanent body that is never fully dissolved — one-third of its members retire every two years, and members serve 6-year terms.
Parliament's main functions are: making laws, controlling public money (the budget), holding the executive accountable (through questions, debates, and motions including the no-confidence motion), and representing the people.
The Executive: President, Prime Minister, and Council of Ministers
- The President is the constitutional head of state — the formal head, who under Article 74 acts on the aid and advice of the Council of Ministers. The President's powers are largely ceremonial, exercised on the advice of the elected government.
- The Prime Minister is the real head of government — the leader of the party or coalition with a majority in the Lok Sabha. The PM heads the Council of Ministers and directs the government's policies.
- The Council of Ministers, under Article 75, is collectively responsible to the Lok Sabha — if it loses the confidence of the Lok Sabha (e.g. a no-confidence motion passes), the whole government must resign. This is the heart of parliamentary accountability.
How a Bill Becomes a Law
A proposal for a new law is a bill. The usual journey:
- The bill is introduced in either House (money bills only in the Lok Sabha).
- It is debated and may be amended (often examined by a committee).
- It is passed by both Houses of Parliament.
- It goes to the President for assent; once the President signs, the bill becomes an Act (law).
This process — debate, scrutiny, and the requirement of agreement by both Houses and the President — is designed to ensure that laws are made carefully and with checks.
Why "collective responsibility" matters: In a parliamentary system, the executive (the Council of Ministers) stays in power only as long as it commands the confidence of the elected Lok Sabha. Ministers swim or sink together (collective responsibility, Article 75). This keeps the government continuously answerable to the people's representatives — the key difference from a presidential system, where a fixed-term president is not removable by the legislature except through impeachment.
UPSC GS2 — Parliament and Executive Essentials:
- Parliament = President + Lok Sabha + Rajya Sabha (Article 79).
- Lok Sabha: directly elected, max 550 (530+20; Anglo-Indian seats ended by 104th Amendment 2020), 5-year term, supreme over money bills.
- Rajya Sabha: max 250 (238 elected + 12 nominated); permanent body; 6-year terms; 1/3 retire every 2 years.
- President: constitutional head; acts on Council of Ministers' advice (Article 74); elected indirectly by an electoral college.
- PM and Council of Ministers: real executive; collectively responsible to the Lok Sabha (Article 75).
- Parliamentary (Westminster) system: executive drawn from and accountable to the legislature — contrast with the presidential system.
- Law-making: bill → both Houses → President's assent → Act.
[Additional] 6a. Women's Reservation in Parliament — The 106th Constitutional Amendment
The chapter covers Parliament's composition but doesn't address a landmark 2023 development: the 106th Constitutional Amendment Act (Women's Reservation Act) — reserving 33% of Lok Sabha and state legislative assembly seats for women. This is the most significant constitutional change to parliamentary composition since the 104th Amendment.
GS2 — Polity / Women's Representation:
106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam):
- Passed: Lok Sabha September 20, 2023; Rajya Sabha September 21, 2023 (both with near-unanimous voice vote)
- Presidential assent: September 28, 2023; Gazette notification: September 29, 2023
- What it does: Inserts Articles 330A and 332A into the Constitution:
- Reserves 1/3 of Lok Sabha seats for women (i.e., minimum 181 of 543)
- Reserves 1/3 of state legislative assembly seats for women
- Includes 1/3 of seats reserved for SC/ST also to be for women within those categories
The implementation delay:
- The reservation will be activated only after the next census AND delimitation exercise — the census (last conducted 2011) was delayed from 2021 due to COVID-19; no new date announced as of June 2026
- Delimitation (redrawing constituency boundaries based on new census data) will follow the census — could take another 2-4 years after census
- Sunset clause: The reservation will be in effect for 15 years from the date it takes effect — after which Parliament can decide to continue, modify, or end it
Current women's representation in Parliament:
- Lok Sabha (18th, 2024 elections): 74 women MPs = 13.6% of 543 — significant but well below 33%
- Rajya Sabha: ~31 women out of 245 = ~12.7%
- Global ranking: India ranks ~141 out of 193 in women's parliamentary representation (IPU 2024)
- Best state: Chhattisgarh at 17.1% women MLAs; Uttar Pradesh lowest at ~9%
Why this matters for UPSC Mains:
- Federal dimension: State legislatures must also reserve 1/3 — affecting all 28 states' Vidhan Sabhas and Vidhan Parishads
- Sub-reservation within reservation: 1/3 of reserved SC/ST seats also reserved for women — multiple-axis reservation question
- Rotation: Seats reserved for women will be rotated after each general election — preventing reservation from becoming permanent fiefdoms
- Criticism: Women's groups argued that the census-and-delimitation trigger makes the law effectively "deferred" by 5-10 years — a political decision masquerading as a constitutional requirement
UPSC synthesis: 106th CAA = "Nari Shakti Vandan Adhiniyam"; Lok Sabha Sep 20 + Rajya Sabha Sep 21, 2023; Presidential assent Sep 28, 2023; 1/3 LS + Vidhan Sabha seats reserved for women; includes 1/3 of SC/ST reserved seats; activates AFTER census + delimitation (not yet done, census pending as of June 2026); 15-year sunset clause. Current women in LS: 74/543 = 13.6% (18th Lok Sabha 2024). India rank in IPU women representation: ~141/193.
[Additional] 6b. Separation of Powers and Checks and Balances
India follows a separation of powers in function, but not a rigid wall: the parliamentary system deliberately fuses the legislature and executive (ministers are MPs), while the judiciary stays independent and can review laws (judicial review, Kesavananda Bharati basic-structure doctrine). The system relies on checks and balances — Parliament checks the executive (questions, motions, budgets), the judiciary checks both (constitutionality), and the President's assent and the bicameral process check hasty law-making. Debates on the strength of parliamentary accountability (declining sitting days, ordinances, anti-defection) are recurring GS2 themes.
UPSC synthesis: Three organs: legislature (laws), executive (implement), judiciary (interpret). Parliamentary/Westminster system = executive from + answerable to legislature. Parliament = President + Lok Sabha (max 550, direct, 5 yrs) + Rajya Sabha (max 250: 238 elected + 12 nominated, permanent, 6-yr terms). President = constitutional head (Art 74); PM + CoM = real executive, collectively responsible to Lok Sabha (Art 75). Bill → both Houses → President's assent → Act. Checks and balances + independent judiciary.
[Additional] 6c. Parliamentary Accountability — The Declining Trend and Reform Proposals
GS2 — Governance / Parliament:
Parliament's declining productivity (UPSC Mains recurring concern):
| Session | 2014-19 (16th LS) | 2019-24 (17th LS) | 2024 (18th LS, first year) |
|---|---|---|---|
| Sitting days/year | ~67 days | ~58 days | ~49 days (2024) |
| Questions answered in Question Hour | — | ~30-40% of starred questions | Similar decline |
| Bills referred to committees | ~27% | ~16% | Very low |
Key mechanisms of parliamentary accountability (all tested in Prelims/Mains):
| Mechanism | Description | UPSC Significance |
|---|---|---|
| Question Hour | First hour of every sitting day — MPs ask oral questions (Starred Questions) or written questions (Unstarred); Ministers must answer | Tests ministerial accountability; government's policies exposed |
| Zero Hour | After Question Hour (no formal rule provision — convention); MPs raise urgent matters of public importance | Informal but important; begins at 12 noon (hence "Zero Hour") |
| Calling Attention Motion | MP calls minister's attention to a matter of urgent public importance | Minister gives a statement; limited debate |
| Adjournment Motion | To adjourn all business to discuss a definite matter of public importance; can embarrass government | Rarely admitted; high bar for Speaker's permission |
| No-Confidence Motion | If passed, government must resign; requires 50+ MPs' support to move | Most powerful accountability tool; last used against V.P. Singh govt (1990) |
| Cut Motion | During budget discussion — to reduce a demand for grant; signals opposition to policy | Symbolically important; government usually defeats it |
| Parliamentary Committees (PAC, Estimates, Standing Committees) | Detailed scrutiny of government performance; Public Accounts Committee (PAC) headed by Leader of Opposition | Most effective accountability mechanism; relatively non-partisan |
Anti-defection law and party discipline:
- 10th Schedule (added by 52nd Amendment, 1985): An MP/MLA who votes against party whip or joins another party can be disqualified
- Decided by the Speaker/Chairman of the House (concern about impartiality when Speaker is from ruling party — Supreme Court has noted this)
- Exemption: If 2/3 of party members in the legislature merge with another party — a deliberate merger (not individual defection) is not covered
Ordinance-making (executive overreach concern):
- Article 123: President can issue ordinances when Parliament is not in session — legally equivalent to an Act; must be approved by Parliament within 6 weeks of its reassembly
- Repeated ordinances (re-promulgated without parliamentary approval) have been criticised by the Supreme Court — D.C. Wadhwa vs State of Bihar (1987) and more recently the Arun Kumar Agarwal case
- UPSC Mains angle: Ordinances as an executive tool that bypasses legislative debate; tension with parliamentary supremacy
UPSC synthesis: Parliament = laws + budget + accountability. Question Hour (1st hour; Starred = oral), Zero Hour (12 noon, no formal rule), No-confidence Motion (most powerful; last used 1990), PAC (most effective committee; headed by LoP). Anti-defection = 10th Schedule, 52nd Amendment 1985; 2/3 merger exception; Speaker decides. Ordinance = Article 123; must be approved within 6 weeks of Parliament's reassembly; DC Wadhwa 1987 against re-promulgation. Declining sitting days = governance concern.
Exam Strategy
Prelims pointers:
- Lok Sabha maximum = 550 (530 states + 20 UTs; 104th Amendment 2020 ended Anglo-Indian seats) — NOT 552.
- Rajya Sabha = max 250 (238 + 12 nominated); it is a permanent body (never fully dissolved).
- Article 74 = President acts on Council of Ministers' advice; Article 75 = collective responsibility to Lok Sabha.
- Money bills can be introduced only in the Lok Sabha.
- India = parliamentary (Westminster), not presidential.
Mains / Essay angles:
- Parliamentary accountability: how effectively does Parliament hold the executive to account? (GS2)
- Separation of powers and checks and balances in the Indian system (GS2).
Practice Questions
Prelims:
The maximum strength of the Lok Sabha is:
(a) 545
(b) 550
(c) 552
(d) 543Under the Constitution, the President of India acts on the aid and advice of the Council of Ministers as per:
(a) Article 74
(b) Article 324
(c) Article 21
(d) Article 356
Mains:
- "In a parliamentary system, the executive's survival depends on the confidence of the legislature." Explain the principle of collective responsibility and its significance. (GS2, 10 marks)
- Compare the Lok Sabha and the Rajya Sabha in composition and powers, and assess the role of the Rajya Sabha in Indian democracy. (GS2, 15 marks)
Sources: NCERT Exploring Society: India and Beyond — Textbook for Grade 8 (2026, Reprint 2026-27), Chapter 6; Constitution of India — Articles 74, 75, 79, 80, 81, 330A, 332A (legislative.gov.in); 104th Constitutional Amendment Act 2020 (ended Anglo-Indian nominated seats); 106th Constitutional Amendment Act 2023 (Nari Shakti Vandan Adhiniyam) — Presidential assent September 28, 2023 (Gazette notification Sep 29, 2023); IPU (Inter-Parliamentary Union) women in parliament data 2024 (ipu.org); ADR (Association for Democratic Reforms) — 18th Lok Sabha elected representatives criminal case data 2024; Laxmikanth — Indian Polity (6th edition).
