Parliament, Executive and Judiciary — India's Three Organs Made Simple

Learn how India's Parliament, Executive and Judiciary are formed, what powers each holds, and how they check each other — the core Polity facts UPSC Prelims tests.

By the PadhoDost Team · 📖 8 min read · Updated 4 August 2026

Part of UPSC Civil Services prep

Think of the Indian government as a house with three workers who share the chores. One worker makes the rules, one runs the day-to-day home, and one settles fights about the rules. These three are the Parliament (makes laws), the Executive (runs the country), and the Judiciary (interprets and guards the law). This is called the separation of powers. None of them is fully the boss. Each keeps a check on the other two so no single person can grab all the power.

🧠 The cricket-match way to remember it

Parliament is like the group that writes the rules of the game. The Executive is the team captain and players who actually play and run the match. The Judiciary is the umpire who decides if a rule was broken. The umpire did not make the rule and does not bat, but everyone must accept the umpire's decision. That is exactly how these three organs stay separate but connected.

1. Parliament — the law-making organ

Article 79 says the Parliament of India has three parts: the President, the Lok Sabha (House of the People), and the Rajya Sabha (Council of States). Yes, the President is part of Parliament even though the President is in the Executive too. A bill becomes a law only after the President signs it. The Lok Sabha is directly elected by the people. The Rajya Sabha represents the states.

FeatureLok SabhaRajya Sabha
Also calledHouse of the PeopleCouncil of States
Maximum strength550250
How members comeDirectly elected by peopleMostly elected by state MLAs; 12 nominated by President
Term5 years (can be dissolved early)Permanent house, never dissolved
Member's tenure5 years6 years; one-third retire every 2 years
Presiding officerSpeakerChairman (the Vice-President)
💡 Memory hook: Lok Sabha = 'Lower but Larger and Louder' — it is the more powerful house for money and for deciding who runs the government. The Rajya Sabha is permanent, so it is never fully dissolved, even when the Lok Sabha ends.

Powers only the Lok Sabha has

  • A Money Bill (Article 110) can start ONLY in the Lok Sabha. The Speaker decides if a bill is a Money Bill.
  • The Rajya Sabha can only suggest changes to a Money Bill and must return it within 14 days. The Lok Sabha can accept or reject those suggestions.
  • A No-Confidence Motion, which can remove the government, can be moved ONLY in the Lok Sabha.
  • The Rajya Sabha has one special power under Article 249: it can allow Parliament to make a law on a State List subject.

2. Executive — the organ that runs the country

The Executive means the President, the Prime Minister, and the Council of Ministers. The President (Articles 52 to 62) is the head of the state and the first citizen, but the President is a nominal head — like a respected elder who signs off but does not run daily affairs. The real power lies with the Prime Minister and the Council of Ministers. India follows the parliamentary system, where the real executive is answerable to Parliament.

How the real Executive is formed

  1. 1The people elect members of the Lok Sabha in a general election.
  2. 2The party or group with a majority in the Lok Sabha is invited to form the government.
  3. 3The President appoints the leader of that majority group as the Prime Minister.
  4. 4On the PM's advice, the President appoints the other ministers, who together form the Council of Ministers.
  5. 5This Council is collectively responsible to the Lok Sabha (Article 75). If the Lok Sabha passes a no-confidence motion, the whole Council must resign.
ℹ️ Article 74 says there shall be a Council of Ministers to aid and advise the President, and the President must normally act on that advice. The 44th Amendment added that the President can send the advice back for reconsideration once, but if the Council sends the same advice again, the President must accept it.

📝 President is elected, not by direct vote

The President is chosen by an electoral college (Article 54).

This college has the elected members of both houses of Parliament AND the elected members of the state legislative assemblies.

Nominated members do NOT vote in the presidential election.

So citizens do not vote directly for the President — their elected representatives do.

3. Judiciary — the organ that guards the law

India has an integrated, single system of courts. At the top is the Supreme Court (Article 124), then the High Courts (Article 214) in the states, and below them the district and lower courts. 'Integrated' means the same set of courts handles both central laws and state laws — there is no separate system for each. The Judiciary is independent so that judges can decide fairly, even against the government.

Judiciary must-remember points

  • Supreme Court and High Court judges are appointed by the President. In practice, names are recommended by the Collegium, a group of senior judges.
  • A Supreme Court judge retires at 65 years; a High Court judge retires at 62 years.
  • Judicial Review: courts can strike down a law or an executive action if it violates the Constitution.
  • Article 32 lets a citizen go directly to the Supreme Court to protect Fundamental Rights. Dr. Ambedkar called it the 'heart and soul' of the Constitution.
  • The Supreme Court can review its own judgment under Article 137.
OrganMain jobKey check on others
ParliamentMakes lawsCan impeach the President and remove judges; passes the budget
ExecutiveRuns the country, carries out lawsPresident appoints judges; can issue ordinances when Parliament is not in session
JudiciaryInterprets laws, settles disputesJudicial review can cancel unconstitutional laws and actions
⚠️ Common trap: Do not confuse the two houses' presiding officers. The Speaker heads the Lok Sabha. The Vice-President is the ex-officio Chairman of the Rajya Sabha. Also, only the Speaker certifies a Money Bill — the Chairman does not.

Together, these three organs create a system of checks and balances. Parliament can remove ministers and even the President through set procedures. The Executive appoints judges. The Judiciary can cancel laws that break the Constitution. This balance is why no single organ can become all-powerful, and it is a favourite area for Prelims questions.

⚡ Quick check

Under the Constitution, which of the following is TRUE about a Money Bill?

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