According to the Constitution of India, the Council of Ministers, which constitutes the Executive branch of the State, is collectively accountable to the House of the People (Legislature). This signifies that Parliament should oversee the government's actions and inactions, holding it answerable. Members of Parliament also bear the responsibility of passing laws, endorsing government expenditures, and advocating for their constituents' concerns. The primary duty of the legislature is to enact laws. On the other hand, the executive is tasked with implementing the laws sanctioned by the legislature and upholding state policies. Instances arise when the functions of the Legislature and the Executive intersect, necessitating a clear differentiation between the two roles.

The difference Between Legislature and Executive 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 differences between the Legislature and the Executive, 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.

Major Difference between Legislature and Executive:

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

What is a Legislature?

The Legislative Assembly, the Legislative Council (now only in six states), and the Governor of the State make up the state legislature. The President and two Houses, known as the Council of States (Rajya Sabha) and House of the People, comprise the Union’s legislature, 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.

Legislative Function

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

Read about the Sessions of the Parliament here.

What is Executive?

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

Executive Function

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

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 legislature exercises control through different motions, such as the no-confidence 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 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.

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

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