Executive decision versus legislation
Also called: Executive order · Topic: Parliament: Composition, Powers and Law-making · NCERT: Beyond NCERT
Meaning
Governments can make policy in two ways. An executive decision is made by the Cabinet or a ministry through a resolution, order or scheme. It needs no vote in Parliament, so the government can change it quickly. Legislation is an Act passed by both Houses of Parliament and signed by the President. To change an Act, Parliament has to pass an amendment, after debate and often after study by a committee. Under Art. 73, the Union's executive power reaches every matter on which Parliament can make laws. But an executive decision cannot go against an existing law or a Fundamental Right. Some things always need an Act: under Art. 265, no tax can be collected without a law. This difference matters because policy that rests only on executive decisions gets less scrutiny from Parliament.
Example
The Cabinet approved the Agnipath scheme for recruiting soldiers on 14 June 2022. Agniveers are enrolled under the existing Service Acts, and Parliament did not pass a new law for the scheme. In November 2026, another Cabinet decision changed the scheme's terms. A parliamentary standing committee had suggested that Parliament consider a law to regulate this recruitment.
Don't confuse with
- Ordinance (Art. 123): the President issues it when Parliament is not sitting, and it has the same force as an Act. It lapses unless Parliament approves it within six weeks of meeting again. An ordinary executive decision is not a law at all.
- US executive order: an order issued by the US President under powers given by the US Constitution or by Congress. In India, executive decisions are taken by the Cabinet, which answers to the Lok Sabha.