Business Laws and Ethics · Introduction to Law and Legal System in India

Legislature, Executive and Judiciary: Structure of Government in India

Updated 10 October 2026 · Fact-checked

Government has three organs: the legislature makes laws, the executive implements them, and the judiciary interprets them and settles disputes. India follows a flexible separation of functions, not a rigid one. Parliament and State legislatures make laws on subjects divided among the Union, State and Concurrent Lists in the Seventh Schedule.

Understand Structure of Government: Legislature, Executive, Judiciary

Every modern State needs three jobs done: someone must make the rules, someone must carry them out, and someone must decide disputes about them. These jobs are given to three organs of government.

The legislature makes laws. At the Union level it is Parliament: the President, the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). In each State it is the State Legislature: the Governor and the Legislative Assembly, plus a Legislative Council in the States that have one. The executive puts laws into effect. The President is the formal head of the Union executive and the Governor of a State. In practice the real power lies with the Council of Ministers headed by the Prime Minister (Union) or the Chief Minister (State), and the permanent civil service works under them. The judiciary interprets the Constitution and the laws, resolves disputes, and can strike down laws and actions that violate the Constitution. It consists of the Supreme Court, High Courts and subordinate courts.

Separation of powers means that these functions should not be concentrated in one body, so that power is checked. India does not follow a strict separation like the one usually described for the USA. Our ministers are members of the legislature and answerable to it, so the executive and legislature overlap. But the judiciary is kept independent. The Supreme Court has held that the basic structure of the Constitution includes separation of powers and judicial review, so no organ may usurp the essential functions of another, though some overlaps exist.

The Constitution divides law-making power between the Union and the States through the Seventh Schedule. The Union List covers subjects such as defence, foreign affairs, banking, and currency; only Parliament can legislate on these. The State List covers subjects such as public order, police and public health; the State legislature normally legislates on these. The Concurrent List covers subjects such as criminal law and procedure, marriage, contracts, and bankruptcy and insolvency; both can legislate. If a Union law and a State law on a Concurrent subject conflict, the Union law generally prevails. The exception is a State law that was reserved for the President's consideration and received his assent: it prevails in that State. Even then, Parliament can still override it by later legislation on the same matter. Residuary subjects (those in no list) go to Parliament.

A law starts as a Bill. An ordinary Bill may be introduced in either House of Parliament, and passes three readings in each House. Money Bills (and Financial Bills under Article 117(1)) can be introduced only in the Lok Sabha, and a Money Bill does not need the Rajya Sabha's concurrence. For a State Bill, passage is in the Assembly, and also in the Council where one exists. The Bill then goes to the President (or Governor for a State Bill) for assent. Assent may be given, withheld, or the Bill may be returned for reconsideration in the cases the Constitution allows. After assent, the Bill becomes an Act.

Key rules to remember

Three organs and their core function: Legislature = makes law; Executive = implements law; Judiciary = interprets law and decides disputes; Use this as the opening line of any descriptive answer.
Union Parliament: Parliament = President + Lok Sabha + Rajya Sabha; The President is a part of Parliament even though he does not sit in either House.
State Legislature: State Legislature = Governor + Legislative Assembly (+ Legislative Council in some States); Only some States have a Council.
Division of legislative power: Seventh Schedule: List I (Union), List II (State), List III (Concurrent); Residuary power belongs to Parliament.
Conflict on a Concurrent subject: Union law prevails over State law, in general; Mention that a State law reserved for the President and given his assent can prevail in that State, though Parliament can later override it; do not say the Union law always wins.
Passage of an ordinary Bill: Introduction → three readings in each House (Assembly, and Council where it exists, for a State) → assent → Act; A Bill is a proposal; an Act is the law after assent. Money Bills originate only in the Lok Sabha.

How to solve Structure of Government: Legislature, Executive, Judiciary questions

Questions on this topic are usually either descriptive (explain the organs or the process) or application-based (which body can make a law on a given subject).

1Read the question and identify what is asked: an organ's function, separation of powers, the list of a subject, or the legislative process.
2For a definition-type question, start with the one-line function of each organ, then add the body that exercises it at Union and State level.
3For a subject-based question, decide whether the subject is defence/banking/currency-type (Union), police/public order/health-type (State), or contracts/criminal law-type (Concurrent).
4Apply the rule for that list: Union List means only Parliament; State List means the State legislature; Concurrent List means both, with Union law prevailing in conflict.
5For a process question, write the stages of a Bill in order: introduction, readings, passage by the Houses of the legislature concerned, assent.
6Close with the check or balance, for example judicial review or the answerability of the executive to the legislature.

Quickest way: Subject-to-List shortcut

When to use it: Use for MCQs asking which List a subject belongs to or who can legislate on it.

Ask: is it national in scale (defence, currency, banking, foreign affairs)? Pick Union List.
Ask: is it local or administrative (police, public order, public health)? Pick State List.
Ask: is it shared between Union and States (contracts, criminal law, marriage, insolvency)? Pick Concurrent List.
If the subject matches no entry, remember that Parliament holds residuary power.
Eliminate options that say State law always prevails on a Concurrent subject.

Common mistakes in Structure of Government: Legislature, Executive, Judiciary

Saying India has a strict separation of powers.
Textbook descriptions of the three organs sound rigid.
Fix: Write that the separation is flexible: ministers sit in the legislature, but the judiciary is independent and checks the other two.
Forgetting that the President and Governor are part of the legislature.
Students think only the Houses make laws.
Fix: Define Parliament as President plus both Houses and the State Legislature as Governor plus the Assembly (and Council where present).
Placing contracts or criminal law in the Union List.
They seem national in nature.
Fix: Remember that contracts, criminal law and procedure, marriage and insolvency are Concurrent subjects.
Writing that Union law always wins on a Concurrent subject.
Students memorise the rule without the exception.
Fix: Write that the Union law generally prevails, subject to the exception for a State law reserved for the President and given his assent, which prevails in that State unless Parliament later overrides it.
Confusing a Bill with an Act.
Both words are used loosely.
Fix: A Bill is a draft proposal. It becomes an Act only after it is passed by the Houses of the legislature concerned and assent is given.
Treating the executive as only the President or Governor.
The formal head is named first in the Constitution.
Fix: Include the Council of Ministers and the civil service, and note that real power rests with the ministers.

Worked examples

Example 1

Explain the three organs of government in India and state how the doctrine of separation of powers applies to them.

Show the solution

Name the organs: legislature, executive and judiciary.
Legislature: makes laws. Union level is Parliament (President, Lok Sabha, Rajya Sabha); State level is the Legislature (Governor and Assembly, plus Council where it exists).
Executive: implements laws. The President and Governor are formal heads; the Council of Ministers under the Prime Minister or Chief Minister holds real power, assisted by the civil service.
Judiciary: interprets the Constitution and laws, settles disputes and exercises judicial review. It consists of the Supreme Court, High Courts and subordinate courts.
Separation of powers: functions should not be concentrated in one body, so that each checks the others.
Application in India: the separation is flexible, not rigid. Ministers are members of the legislature and answerable to it, but the judiciary is independent and can strike down unconstitutional laws and actions. The Supreme Court has held that separation of powers and judicial review form part of the basic structure, so no organ may usurp another's essential functions.

Answer: The legislature makes law, the executive implements it and the judiciary interprets it. India follows a flexible separation of powers with an independent judiciary exercising judicial review; the basic structure doctrine stops any organ from usurping another's essential functions.

Example 2

Parliament wants to legislate on (a) defence of India, (b) public order in a State, and (c) contracts. State, for each, which List applies and who can make the law. If a Union and a State law conflict on (c), which generally prevails?

Show the solution

(a) Defence of India is a Union List subject, so only Parliament can legislate on it.
(b) Public order is a State List subject, so the State legislature normally legislates on it.
(c) Contracts are in the Concurrent List, so both Parliament and the State legislature can legislate.
For (c), on conflict the Union law generally prevails over the State law.
Add the exception: a State law on a Concurrent subject that was reserved for the President and received his assent prevails in that State, though Parliament can still override it by later legislation.

Answer: (a) Union List, Parliament only; (b) State List, State legislature; (c) Concurrent List, both can legislate, and the Union law generally prevails in a conflict, subject to the exception for a State law with the President's assent, which Parliament can later override.

Exam tips

In MCQs, the usual traps are Concurrent subjects placed in the wrong list and the claim that Union law always prevails. Check the exact wording.
In written answers, name the body at both Union and State level for each organ. This earns easy marks.
For separation of powers, write that it is flexible in India and give the two supporting points: overlap of legislature and executive, and independent judiciary.
When describing how a Bill becomes an Act, write the stages in order, note that Money Bills start only in the Lok Sabha, and clearly mark that assent turns the Bill into an Act.
Learn two or three sample subjects for each List rather than trying to memorise every entry.

Practice questions from Introduction to Law and Legal System in India

Structure of Government: Legislature, Executive, Judiciary: frequently asked questions

What are the Union, State and Concurrent Lists?

They are three lists in the Seventh Schedule that divide law-making subjects. Parliament alone legislates on the Union List, the State legislature normally on the State List, and both on the Concurrent List. Subjects in no list are residuary and go to Parliament.

Does India follow separation of powers?

Yes, but not in a rigid form. Ministers are part of the legislature and answerable to it, so the two overlap. The judiciary is independent and can review laws and executive action. The Supreme Court has held that separation of powers and judicial review are part of the basic structure.

How does a Bill become an Act in India?

An ordinary Bill may be introduced in either House and passes three readings there, then goes through the other House in the same way. Money Bills start only in the Lok Sabha and do not need the Rajya Sabha's concurrence. A State Bill is passed by the Assembly (and the Council where one exists). After the President or Governor gives assent, it becomes an Act.

Who is the real executive in India?

The President and Governors are formal heads. In practice the Council of Ministers headed by the Prime Minister or Chief Minister exercises executive power and is answerable to the legislature.