Legislative Powers and Functions of Parliament
The Parliament’s main job is to make laws for the country. It has the power to make laws on various subjects listed in the Union List (98 subjects, like defense and foreign affairs) and on topics not covered in any of the three lists (residuary subjects). For the Concurrent List (52 subjects, like education and forests), Parliament’s law takes priority over state laws in case of a conflict.
When Can Parliament Make Laws on State Subjects?
Normally, state legislatures make laws on the State List (59 subjects, like police and agriculture). However, Parliament can also make laws on these subjects in special cases:
- Rajya Sabha Resolution: If the Rajya Sabha approves by a two-thirds majority.
- National Emergency: During emergencies, Parliament can take over state subjects.
- States’ Request: When two or more states ask Parliament to make a law.
- International Agreements: To meet treaty obligations or international agreements.
- President’s Rule: When a state is under President’s Rule.
Ordinance-Making
The President can issue temporary laws called ordinances when Parliament is not in session. These must be approved by Parliament within six weeks after it reconvenes. If not, the ordinance becomes invalid.
Delegated Legislation
Parliament often makes laws in a general way and lets the government create detailed rules and procedures. This is called delegated legislation. These rules are reviewed by Parliament to ensure they follow the law.
Executive Powers and Functions of Parliament
In India’s parliamentary system, the Executive (the government) is accountable to the Parliament for its actions and policies. This means Parliament can oversee and control the work of the Executive through various tools and procedures.
1. Control Over the Executive
Parliament controls the Executive by asking questions, holding discussions, and debating important issues. Some key methods include:
- Question Hour: A time when ministers answer questions about their work.
- Zero Hour: A time for raising urgent matters.
- Half-An-Hour Discussion: A short discussion on a specific issue.
- Calling Attention Motion: A motion to draw attention to a specific issue.
- Adjournment Motion: A motion to stop the normal business and discuss a matter urgently.
- No-Confidence Motion: A motion to express lack of confidence in the government.
- Censure Motion: A motion to criticize the government for its actions.
Parliament also has committees, like the Committee on Government Assurances and the Committee on Subordinate Legislation, to monitor the work of the Executive.
2. Responsibility of Ministers
Ministers in India are collectively responsible to Parliament, especially the Lok Sabha (the lower house). If the Lok Sabha loses confidence in the government, it can remove the ministers by passing a No-Confidence Motion.
- Individual Responsibility: Each minister is responsible for the functioning of their department. They must ensure effective administration, and if they fail, they can be held accountable.
- Ministers stay in office as long as they have the support of the majority in the Lok Sabha. If they lose this support, the Lok Sabha can remove them.
3. Ways the Lok Sabha Can Remove a Government
The Lok Sabha can express lack of confidence in the government through various means:
- By rejecting a motion of thanks to the President’s inaugural address.
- By rejecting a money bill (a bill related to financial matters).
- By passing a censure motion or adjournment motion.
- By defeating the government on an important issue.
- By passing a cut motion (a motion that reduces government expenditure).
Summary
Parliament’s primary function in relation to the Executive is to select, support, and hold the government accountable. If the government loses the support of Parliament, it can be removed, and new elections can be held. The system ensures that the government remains responsible and responsive to the people’s representatives.
Financial Powers and Functions of Parliament
Parliament has essential powers to control the finances of the country. The Executive (the government) cannot collect taxes or spend money without the approval of Parliament. This ensures that all government financial actions are scrutinized and authorized by Parliament.
1. Budget Approval
- Budget: The budget, which outlines the government's expected income and spending for the year, is presented to Parliament. Only after Parliament approves the budget can the government collect taxes or spend money.
- Legalizing Government Spending: Once Parliament approves the budget, it gives legal approval for the government to collect revenue and spend money for the financial year.
2. Scrutiny of Government Spending
Parliament closely monitors government spending to ensure accountability. It does this through financial committees that investigate how government funds are being used:
- Public Accounts Committee: Examines government spending to ensure it is legal and appropriate.
- Estimates Committee: Analyzes the government's financial estimates and the expenditure.
- Committee on Public Undertakings: Looks into the finances and performance of government-owned companies and enterprises.
These committees help uncover cases where funds have been misused or wasted.
3. Two Types of Financial Control
Parliament controls the Executive’s finances in two stages:
- Budgetary Control: This happens before money is spent. Parliament grants funds to the government through the approval of the budget.
- Post-Budgetary Control: This happens after money is granted. The financial committees oversee government spending and check for misuse.
4. Rule of Lapse
The government is given money for one financial year, and if it does not use the funds by the end of the year, the unspent balance expires and returns to the Consolidated Fund of India. This is known as the ‘rule of lapse’. It ensures that no money is kept in reserve without Parliament’s approval.
- March Rush: Because of the rule of lapse, there is often a rush to spend the money towards the end of the financial year, leading to a rush of expenditure in March.
Summary
Parliament plays a critical role in managing and controlling the country's finances. It approves the budget, monitors government spending, and ensures there is no misuse of funds. Through its financial powers, Parliament ensures that the government stays accountable for its financial decisions.
Judicial Powers and Functions of Parliament
Parliament also holds certain judicial powers that help maintain constitutional order and uphold the integrity of the legislative process. These powers include:
1. Impeachment of the President
- Parliament can impeach the President for violating the Constitution. This process involves both Houses of Parliament, and a special procedure is followed to bring charges against the President.
2. Removal of the Vice-President
- Parliament can remove the Vice-President from office if necessary, following a specific procedure laid down in the Constitution.
3. Recommendation for Removal of Judges and Other Constitutional Officers
- Parliament has the power to recommend the removal of judges of the Supreme Court and High Courts, including the Chief Justice, as well as other key officials like the Chief Election Commissioner and Comptroller and Auditor General. This process involves a special procedure, which includes an investigation and approval by both Houses of Parliament.
4. Punishment for Breach of Privileges or Contempt
- Parliament can punish its members or outsiders for violating its privileges or for being in contempt of Parliament. This ensures the respect and authority of the legislative body are upheld.
Summary
Parliament has important judicial functions, such as impeachment of the President, removal of the Vice-President, and the ability to recommend the removal of judges and key constitutional officers. Additionally, it has the authority to enforce its privileges and punish those who breach its rules or show contempt.
Electoral Powers and Functions of Parliament
Parliament plays a key role in the election process for various important positions in the country. These electoral functions are essential for ensuring that the democratic structure of governance is maintained.
1. Election of the President and Vice-President
- President: Parliament, along with the state legislative assemblies, participates in electing the President of India. This election follows a special procedure, where elected representatives from both the central and state legislatures vote.
- Vice-President: Parliament is responsible for electing the Vice-President of India. This is done through a direct vote by the members of both Houses of Parliament.
2. Election of the Speaker and Deputy Speaker
- The Lok Sabha (Lower House of Parliament) elects its Speaker and Deputy Speaker. These officials are crucial for maintaining order and overseeing the functioning of the House.
- The Rajya Sabha (Upper House of Parliament) elects its Deputy Chairman to perform similar roles.
3. Regulation of Elections
- Parliament is also responsible for making laws that regulate elections for key positions, including the President, Vice-President, members of both Houses of Parliament, and the state legislatures.
- Important laws enacted by Parliament in this regard include:
- Presidential and Vice-Presidential Election Act (1952): Governs the election process for the President and Vice-President.
- Representation of the People Act (1950) and (1951): Regulates the conduct of elections to both Houses of Parliament and the state legislatures.
Summary
Parliament plays an essential role in the election of the President, Vice-President, Speaker, and Deputy Speaker, along with regulating the laws governing elections in the country. These functions ensure the proper democratic functioning of the government and its institutions.
Other Powers and Functions of Parliament
Apart from its primary legislative, executive, and financial powers, Parliament also holds several other significant powers and functions that contribute to the governance and structure of the country.
1. Deliberative Function
- Highest Deliberative Body: Parliament serves as the highest deliberative body in India, where national and international issues of importance are discussed. These discussions allow for diverse perspectives and contribute to informed decision-making.
2. Approval of Emergencies
- Emergency Powers: Parliament is responsible for approving the proclamation of all three types of emergencies declared by the President:
- National Emergency
- State Emergency (President’s Rule)
- Financial Emergency
3. Creation or Abolition of State Legislative Councils
- Parliament has the power to create or abolish the legislative councils (upper houses) of states in India, but this can only be done based on the recommendation of the concerned state legislative assemblies.
4. Alteration of State Boundaries
- Parliament can alter the boundaries, increase or decrease the area, and even change the names of states within the Indian Union. This power ensures that the geographical and administrative boundaries of the states can be adjusted as needed.
5. Regulation of Judiciary
- Judiciary Organization: Parliament can regulate the organization and jurisdiction of the Supreme Court and High Courts.
- It can also establish a common high court for two or more states, facilitating more efficient judicial functioning across the country.
Summary
Apart from making laws and overseeing the government, Parliament has crucial powers such as discussing national issues, approving emergencies, adjusting state boundaries, regulating the judiciary, and creating or abolishing state legislative councils. These powers help Parliament maintain the structure, stability, and functioning of the Indian state.
