CONSTITUTIONAL LAW II – MODULE 2 DETAILED
NOTES
1. Legislature and Executive under Indian Constitution
The Constitution of India establishes a parliamentary system of government where the Legislature
and Executive are closely connected. The Executive is drawn from the Legislature and is
accountable to it, ensuring democratic governance.
Legislature: The Legislature is the law-making body. It includes Parliament at the Union level and
State Legislature at the State level. It represents the will of the people and ensures accountability of
the government.
Executive: The Executive implements laws and policies. It consists of the President, Prime
Minister, and Council of Ministers. Though executive power is vested in the President, it is
exercised by the Council of Ministers.
Relationship: The Indian system follows fusion of powers. The Executive is responsible to the
Legislature, especially Lok Sabha. This ensures accountability and transparency.
Collective Responsibility: Under Article 75(3), the Council of Ministers is collectively responsible
to Lok Sabha. If it loses majority, it must resign.
Control Mechanisms: Question Hour, No-confidence motion, Parliamentary Committees help
control the Executive.
Case Laws: Ram Jawaya Kapur case, U.N.R. Rao case.
Conclusion: This relationship ensures responsible government and democratic functioning.