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FUNCTION OF PARLIAMENT

The parliament is crucial to the 'Indian politico-administrative system' and has multiple functions. It has broad powers and conducts a number of activities in order to fulfil its constitutionally mandated mission. Its abilities and functions can be classified as follows:

1. Legislative Powers and Functions

2. Executive Powers and Powers and Functions

3. Financial Powers and Functions

4. Constituent Powers and Functions

5. Judicial Powers and Functions

6. Electoral Powers and Functions

7. Other powers and Functions

               

1. Legislative Powers and Functions:

Parliament's principal role is to enact laws for the country's government. It has the only authority to make legislation on the subjects listed in the Union List (which currently has 100 subjects, originally 97 subjects, and residuary subjects) (that is, subjects not enumerated in any of the three lists). In the case of the Concurrent List (which currently comprises 52 subjects, initially 47 subjects), the Parliament has overriding powers, which means that the law of Parliament takes precedence over the law of the state legislature in the event of a conflict between the two.

The Constitution also empowers the Parliament to make laws on the subjects enumerated in the State List (which at present has 61 subjects, originally 66 subjects) under the following five abnormal circumstances:

  • when Rajya Sabha passes a resolution to that effect.
  • when a proclamation of National Emergency is in operation.
  • when two or more states make a joint request to the Parliament.
  • when necessary to give effect to international agreements, treaties and conventions.
  • when President’s Rule is in operation in the state.

All ordinances issued by the president (during the Parliament's recess) must be approved by the Parliament within six weeks of its reconvening. If an ordinance is not adopted by the parliament within that time frame, it becomes ineffective.

The Parliament creates skeletal legislation and delegated authority to the Executive to create comprehensive rules and regulations within the framework of the parent law. Delegated legislation, executive legislation, or subordinate legislation are all terms for this. Such laws and regulations are presented to Parliament for review.

2. Executive Powers and Functions:

The Indian Constitution established a parliamentary style of government in which the Executive is held accountable to Parliament for its policies and actions. As a result, the Parliament exerts influence over the Executive through question-hour, zero hour, half-an-hour debate, short duration debate, calling attention motion, adjournment motion, no-confidence motion, censure motion, and other debates. It also monitors the Executive's operations through its committees, such as the committee on government assurance, the committee on subordinate legislation, the committee on petitions, and so on.

The ministers are collectively accountable to the Parliament and, in particular, the Lok Sabha. Individual accountability is a component of collective responsibility; that is, each minister is individually responsible for the efficient administration of the ministry under his control. This means that they will remain in office as long as the majority of Lok Sabha members support them. In other words, the Lok Sabha can remove the council of ministers from office by passing a no-confidence motion. The Lok Sabha can also show its dissatisfaction with the government in the following ways:

  • By not passing a motion of thanks on the President’s inaugural address.
  • By rejecting a money bill.
  • By passing a censure motion or an adjournment motion.
  • By defeating the government on a vital issue.
  • By passing a cut motion.

                Therefore, “the first function of Parliament can be said to be to select the group which is to form the government, support and sustain it in power so long as it enjoys its confidence, and to expel it when it ceases to do so, and leave it to the people to decide at the next general election.

3. Financial Powers and Functions:

No tax can be imposed or collected, and no expenditure can be spent by the Executive unless authorised and approved by Parliament. As a result, the budget is presented to Parliament for approval. The approval of the budget by Parliament legitimises the government's receipts and expenditures for the upcoming fiscal year.

With the assistance of its financial committees, Parliament also examines government spending and financial performance. These include the public accounts committee, the estimates committee, and the Public Undertakings Committee. They bring to light instances of unlawful, irregular, unapproved, incorrect usage, waste, and excess in government spending.

Therefore, the parliamentary control over the Executive in financial matters operates in two stages:

  • budgetary control, that is, control before the appropriation of grants through the enactment of the budget; and
  • post-budgetary control, that is, control after the appropriation of grants through the three financial committees.

The budget is founded on the annuality concept, which means that the Parliament provides money to the government for one fiscal year. If the money is not spent before the end of the fiscal year, it expires and is returned to the Consolidated Fund of India. This is known as the 'law of lapse.' It allows the Parliament to exercise more effective financial supervision because no reserve funds may be established without its approval. However, following this guideline results in a rush of spending near the end of the fiscal year. This is commonly referred to as "March Rush."

4. Constituent Powers and Functions:

The Parliament has the authority to alter the Constitution by adding, modifying, or repealing any provision. The Parliament can alter the majority of the Constitution with a special majority, that is, a majority (that is, more than 50%) of the total membership of each House and a majority of not less than two-thirds of the members present and voting in each House. Other provisions of the Constitution can be modified by Parliament with a simple majority, that is, a majority of members present and voting in each House of Parliament.

Only a few provisions of the Constitution may be modified by Parliament (by special majority) and with the approval of at least half of the State Legislature (by simple majority). However, the power to commence the process of amending the Constitution (in all three situations) rests solely with Parliament, not the state assembly. The lone exception is that the state legislature can approve a resolution proposing that the legislative council in the state be created or abolished by the Parliament. The Parliament passes an act modifying the Constitution based on the resolution. To summarise, the Parliament has three options for amending the Constitution:

  • By simple majority;
  • By special majority; and
  • By special majority but with the consent of half of all the state legislatures.

The constituent power of Parliament is not boundless; it is constrained by the Constitution's "fundamental structure." In other words, the Parliament has the authority to change any article of the Constitution. In other words, except for the Constitution's "essential features," Parliament can modify any article of the Constitution. The Supreme Court ruled on this in the Kesavananda Bharati case (1973), and it was reiterated in the Minerva Mills case (1980).

5. Judicial Powers and Functions:

The judicial powers and functions of the Parliament include the following;

  • It can impeach the President for the violation of the Constitution.
  • It can remove the Vice-President from his office.
  • It can recommend the removal of judges (including chief justice) of the Supreme Court and the high courts, chief election commissioner, comptroller and auditor general to the president.

It can punish its members or outsiders for the breach of its privileges or its contempt.

6. Electoral Powers and Functions:

The Parliament, along with the state legislative assemblies, votes to elect the President and the Vice-President. The Lok Sabha elects the Speaker and Deputy Speaker, whereas the Rajya Sabha elects the Chairman and Deputy Chairman.

The Parliament is also empowered to enact legislation to govern elections to the positions of President and Vice-President, both Houses of Parliament, and both Houses of state legislature. As a result, Parliament passed the Presidential and Vice Presidential Election Act (1925), the Representation of the People Act (1951), and other legislation.

7. Other Powers and Functions:

The various other powers and functions of the Parliament include:

  • It serves as the highest deliberative body in the country. It discusses various issues of national and international significance.
  • It approves all the three types of emergencies (national, state and financial) proclaimed by the president.
  • It can create or abolish the state legislative councils on the recommendation of the concerned state legislative assemblies.
  • It can increase or decrease the area, alter the boundaries and change the names of states of the Indian Union.
  • It can regulate the organisation and jurisdiction of the Supreme Court and high courts and can establish a common high court for two or more states.

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