Question

Discuss the Legislature’s control over the Executive.

Answer 1

Hint: Legislature is that organ of the government which makes laws, amends them and repeals them while the executive is that organ of the government which enforces the will of the legislature expressed in the form of laws.

Complete Step by Step answer:
In the Parliamentary form of Government, the executive is responsible to the legislature and is under its control.
1. No-confidence Motion: The executive remains in office till it enjoys the confidence of the legislature, especially the Lok Sabha. If in any circumstance the Lok Sabha passes a no-confidence motion successfully, the whole Council of Minister is bound to resign. Such a provision has been mentioned in Article 75, Clause 3 of the Indian Constitution.
2. Financial control: The legislature has complete control over the finances and the annual budget is passed by it. The Comptroller and Auditor General (CAG) is accountable to the legislatures of different states and also the Parliament. He lays down all accounts of income and expenditure of the state and centre through the President and Governor of respective states respectively to be scrutinised and reviewed. The Public Accounts Committee of the Parliament scrutinises the CAG’s report and further reviews the governmental department’s financial transaction.
3. Impeachment of the President: According to the Constitution the Parliament can remove the President from office through a process of impeachment. The President must be given a 14-day prior notice for the purpose duly signed by one-fourth members of the House. The impeachment can be initiated in either House.

Note: There are certain limitations to legislative control - the Parliament can formulate no law outside the framework of the Constitution; it cannot make any law that violates the fundamental rights; it is not authorised to amend all the articles in the constitution of its own accord.