What is the difference between the Executive and the legislature?

Difference Between Legislature and Executive: UPSC Polity Notes

Priyanka Waghmare | Updated: Mar 10, 2022 19:49 IST

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The Constitution of India states that the Executive branch of the State (Council of Ministers) shall be collectively responsible to the Legislature (House of the People). This implies that Parliament should oversee the work of the government and hold it responsible for its actions and omissions. Members of Parliament also have the responsibility of passing laws, authorizing the expenditure of the government, and representing the interests of their constituencies. There are several cases when the roles of Legislature and executives overlap and there is not a clear distinction between the two.

In this article on the differences between the Legislature and the Executive, we shall discuss the various aspects relating to the Legislature and the Executive while also discussing the major differences between them this will be very useful for aspirants in the UPSC Prelims Exam.

Also, read about the Unicameral Legislature in India here.

Difference between Legislature and Executive (UPSC Polity): Download Pdf Here

• What is a Legislature?
• What is an Executive?
• Major Difference between Legislature and Executive:
• Mechanism of Checks and Balances
• The Composition of The Union Executive
• Functions of Legislative and Executive
• The State Legislature and Legislative Council
• FAQs – Difference Between Legislature and Executive 

What is a Legislature?

The President and two Houses, known as the Council of States (Rajya Sabha) and House of the People, make up the Union’s legislature, which is known as the Parliament (Lok Sabha). Each House is required to convene within six months of the previous session. In some circumstances, a joint sitting of both Houses is possible.

The Legislative Assembly, the Legislative Council (now only in six states), and the Governor of the State make up the state legislature.

Read about the Sessions of the Parliament here.

What is an Executive?

The Executive is the part of a government that is largely responsible for execution and administration. The Executive branch of government is responsible for carrying out the laws and policies passed by the legislative.

Major Difference between Legislature and Executive:

Study the Types of majorities in the Indian parliament – Article 249 here.

Mechanism of Checks and Balances

There are several mechanisms by which the Legislature controls the functioning of Executives through a mechanism of Checks and Balances. These include:

• Lawmaking: The executive needs approval by the Legislature to enact any particular law.
• Financial control: The demand for grants and approval for the budget by the executive is to be done by the Legislature.
• Responsibility: Executives have a collective responsibility toward Lok Sabha. The control is exercised by the legislature through different motions such as the no-confidence motions and adjournment motions.

Shortcomings:

• Accountability: Due to more members in the Lok Sabha from the majority party the executive is accountable to the Lok Sabha.
• Anti-Defection Law: The members of the same party do not question the policies as there are chances of losing the membership.
• Ordinances: The provision of ordinances allows the executive to bypass the Legislature.
• Tribunals: Setting up of Administrative bodies without legal backing to address different issues allows the Executive to move away from legislative control.
• Money bill: Only Lok Sabha has the power to initiate the Money Bill, thus, limiting the powers of Rajya Sabha and the legislature as a whole.

Study the Comparison Between Powers and Position of Lok Sabha & Rajya Sabha here.

The Composition of The Union Executive

The Union executive consists of the following:

1. President 
2. Vice-President 
3. Council of Ministers 
4. Prime Minister

Functions of Legislative and Executive

The legislative and executive functions are listed below:

Legislative Function

• The country needs rules and policies to effectively run a nation. The function of the legislature is to create the laws and policies that will guide the country. This function is primarily addressed by the Union Parliament.
• The Indian Constitution consists of two houses, the Lower House (Lok Sabha) and the Upper House (Rajya Sabha), to ensure that these duties are carried out as required. 
• Together, these houses make sure that the government’s legislative duties are carried out correctly by passing pertinent legislation and establishing citizen-friendly policies.

Executive Function

• After the legislative laws have been properly drafted and approved, it is the function of the executive to put them into effect. This function is carried out by the state governments and other pertinent organisations. 
• The Parliament’s executive and legislative branches work together.
• The Executive Office is responsible for ensuring that laws and policies are carried out. These are the core level offices of the Prime Minister and his Cabinet. 
• At the administrative level, it is the duty of the employees to make sure that all government policies are properly carried out and that the people profit from them.

The State Legislature and Legislative Council

• The state legislature occupies a preeminent and central position in the political system of a state. 
• Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the state legislature. 
• There is no stability in the organisation of state legislatures. Most states have a unicameral system, while others have a bicameral system. 
• As of 2022, only six states have two Houses i.e. bicameral legislature. These are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka. The Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019.

We hope that all your doubts regarding the Difference between the Legislature and the Executive will be cleared after going through this article. You can download the Testbook App now to check out various other topics relevant to the UPSC IAS Exam.

Check out the Test series for UPSC IAS Exam here.

FAQs – Difference Between Legislature and Executive 

Q.1 What is meant by Legislature?

Ans.1 The President and two Houses, known as the Council of States (Rajya Sabha) and House of the People, make up the Union’s legislature, which is known as Parliament (Lok Sabha). Each House is required to convene within six months of the previous session.

Q.2 What is meant by Executive?

Ans.2 The Executive is the part of a government that is largely responsible for execution and administration. The Executive branch of government is responsible for carrying out the laws and policies passed by the legislative.

Q.3 What is the Provision of Executive and Legislature as mentioned in the Constitution of India?

Ans.3 The Constitution of India states that the Executive branch of the State (Council of Ministers) shall be collectively responsible to the Legislature (House of the People). This implies that Parliament should oversee the work of the government and hold it responsible for its actions and omissions.

Q.4 What is the difference between the Legislature and the Executive on the basis of composition?

Ans.4 Legislature comprises the Parliament which is the legislative body which is composed of the Lok Sabha and Rajya Sabha. While, the Executive comprises the President, Vice president, cabinet ministers and other ministers.

Q.5 What is the difference between the Legislature and the Executive on the basis of role?

Ans.5 Legislature makes laws and seeks accountability from the executive. While the Executive Implement the laws made by the Legislature.

Q.7 Who is the head of the legislature?

Ans.7 Prime Minister is the head of the government and the leader of the Lok Sabha.

Q.8 Is the legislative more powerful than the executive?

Ans.8 Legislature and Executive both have different functions. Functions of the legislature include passing laws, establishing the government’s budget, confirming executive appointments, and ratifying treaties whereas the executive is often involved in the framing of policies and checking law and order.

Q.9 What is the main function of the legislature?

Ans.9 The main function of the legislature is to make and pass the laws.

Q.10 What is the difference between the executive and parliament?

Ans.10 The Parliament is responsible for making the laws whereas the executive is responsible for executing the laws.

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