Difference Between Legislature and Executive in India| UPSC Notes PDF
In the context of governance in India, the terms "Legislature" and "Executive" denote two distinct branches of the government. Each of the branches has its specified roles and functions. The Difference Between Legislature and Executive in India can be understood through their distinct responsibilities. The Legislature is responsible for framing laws and regulations. The Executive is tasked with implementing and enforcing these laws. This separation ensures that the government functions efficiently and maintains checks and balances between different branches.
The difference Between Executive and Legislature in India is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.
In this article on the difference between Legislature and Executive in India, we shall discuss the various aspects of the Legislature and the Executive while also discussing the major differences between them.
Also, read about the Unicameral Legislature in India here.
Difference between Legislature and Executive in India
Below is a tabular format detailing the difference between Executive and Legislature in India, encompassing various aspects of their roles and functions:
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Difference between Legislature and Executive in India |
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Aspect |
Legislature |
Executive |
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Main Function |
Makes and enacts laws through a deliberative process. |
Implements and enforces laws through government machinery. |
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Structure |
Bicameral (Parliament: Lok Sabha and Rajya Sabha) or Unicameral (State Legislatures). |
Union (President, Vice President, Prime Minister, Council of Ministers) and State (Governor, Chief Minister, State Council of Ministers). |
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Accountability |
Accountable to the public; members are elected by voters. |
Accountable to the Legislature; executes legislative policies. |
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Elections and Composition |
Members are elected through general elections (Lok Sabha, Vidhan Sabha) and indirect elections (Rajya Sabha, Vidhan Parishad). |
Presidential election through an electoral college; Prime Minister and Council of Ministers drawn from the majority party/coalition in Parliament; Chief Minister and State Ministers drawn from State Legislature majority. |
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Passing Laws |
Proposes, debates, and votes on legislation. Law must pass both houses of Parliament (if bicameral) and receive Presidential assent. |
Executes and administers the laws passed by the Legislature; drafts subordinate legislation and policies for implementation. |
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Budget and Finance |
Approves and grants budget presented by the executive; scrutinizes financial matters. |
Prepares and presents the budget; allocates funds according to legislative approval. |
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Policy Role |
Focuses on creating and debating policy frameworks and legislative proposals. |
Translates policy frameworks into administrative actions and programs. |
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Representation |
Represents the will and interests of the electorate in legislative matters. |
Represents the governance aspect, ensuring laws serve public welfare and are administratively feasible. |
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Sessions and Meetings |
Functions through scheduled sessions, including Budget, Monsoon, and Winter sessions. Parliamentary and Assembly Committees play a critical role. |
Continuous operation through ministries and departments; cabinet meetings and executive orders are part of routine governance. |
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Power to Question |
Can question the executive's actions through debates, question hours, and parliamentary committees. |
Executes policies and must answer questions and provide reports to the Legislature. |
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Term |
Fixed terms: Lok Sabha (5 years), Legislative Assemblies (5 years). Rajya Sabha is a permanent body with staggered six-year terms for members. |
Presidential term (5 years); tenure of Prime Minister and Council of Ministers dependent on confidence of Lok Sabha. Governor’s terms and Chief Minister’s tenure are analogous at the state level. |
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Role in Emergency |
Has the power to approve emergency proclamations made by the President. |
The President can proclaim emergency measures upon advice from the Cabinet. Governors have similar powers at the state level. |
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Relationship with Judiciary |
Laws made are subject to judicial review for constitutionality. |
Actions and orders can be challenged in courts; must adhere to judicial decisions and legal precedents. |
Study the Types of majorities in the Indian parliament – Article 249 here.
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What is a Legislature?
The legislative branch is a foundational component of a democratic system. It is responsible for making and enacting laws. It provides a forum for elected representatives to debate policies and propose legislation that reflects the will of the people.
Union Legislature
The Union Legislature, or the Parliament of India, consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Lok Sabha members are directly elected by the citizens, reflecting the population's voice. Rajya Sabha members are elected by the legislative assemblies of states and union territories, representing regional interests.
State Legislature
State Legislatures in India can be unicameral or bicameral. A unicameral legislature has only a Legislative Assembly (Vidhan Sabha). A bicameral legislature includes both a Legislative Assembly and a Legislative Council (Vidhan Parishad). Members of the Legislative Assembly are directly elected, whereas members of the Legislative Council are elected through various methods. They may be elected by the assembly members, graduates, and teachers, and some are nominated.
What is the Executive?
The executive branch is responsible for the implementation and administration of laws and policies enacted by the legislature. It comprises elected officials as well as bureaucrats who ensure that the laws are put into practice.
Union Executive
The Union Executive includes the President, the Vice President, the Prime Minister, and the Council of Ministers. The President is the ceremonial head of state with certain discretionary powers. The Prime Minister is the head of government, holding the principal executive authority. He is supported by the Council of Ministers in conducting daily governance.
State Executive
The State Executive comprises the Governor, who acts as the ceremonial head of the state. The Chief Minister along with the Council of Ministers is responsible for actual governance and administration. The Governor has functions similar to the President at the union level. The Chief Minister is analogous to the Prime Minister in terms of executive responsibilities.
Read about the Sessions of the Parliament here.
Separation of Powers
The doctrine of the separation of powers ensures that the legislative, executive, and judicial branches of government function independently of each other. This division is intended to prevent the concentration of power and to provide a system of mutual checks and balances.
Mechanism of Checks and Balances
Checks and balances are integral to maintaining the balance of power among the branches of government. For example, while the Legislature makes laws, the Executive can suggest amendments and implement these laws. The Judiciary can review laws and actions of the Executive to ensure they conform to the Constitution. The President’s power to withhold assent to bills and the Legislature’s power to question Executive actions are practical checks.
Read the article on Money Bill!
Conclusion
Understanding the Difference Between Legislature and Executive in India is crucial for grasping the dynamics of Indian governance. The Legislature's role in law-making and the Executive's role in law implementation create a balanced system that avoids the concentration of power. This balance is maintained and regulated through a robust framework of checks and balances, essential for a functioning democracy.
Study the Comparison Between Powers and Position of Lok Sabha & Rajya Sabha here.
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Key Takeaways for UPSC Aspirants
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