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Legislative Powers and Functions
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- To make laws for the governance of the country.
- It has exclusive power to make laws on the subjects enumerated in the Union List and on the residuary subjects.
- With regard to the Concurrent List, Parliament has overriding powers over the law of the state legislature in case of a conflict between the two.
- All the ordinances issued by the president (during the recess of the Parliament) must be approved by the Parliament within six weeks after its reassembly.
- Parliament makes laws in a skeleton form and authorises the Executive to make detailed rules and regulations within the framework of the parent law – delegated legislation or subordinate legislation.
- Parliament is empowered to make laws on the State List under the following five abnormal circumstances when: –
- Rajya Sabha passed a resolution to that effect.
- Proclamation of National Emergency (Art.352) is in operation
- Two or more states make a joint request to the Parliament
- Necessary to give effect to international agreements, treaties and conventions.
- President’s Rule (Art. 356) is in operation in the state.
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Executive Powers and Functions
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- Given a parliamentary form of government in India, Parliament exercises control over the Executive through question-hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion and other discussions
- It also supervises the activities of the Executive with the help of its committees.
- The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular.
- Each minister is individually responsible for the efficient administration of the ministry under his charge.
- The council of ministers can be removed from office by the Lok Sabha by passing a no-confidence motion.
- The Lok Sabha can express lack of confidence in the government by –
- Not passing a motion of thanks on the President’s inaugural address.
- Rejecting a money bill.
- Passing a censure motion or an adjournment motion.
- Defeating the government on a vital issue.
- Passing a cut motion.
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Financial Powers and Functions
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- No tax can be levied or collected and no expenditure can be incurred by the Executive except under the authority and with the approval of Parliament.
- The Parliament also scrutinises government spending and financial performance with the help of its financial committees.
- Therefore, the parliamentary control over the Executive in financial matters operates in two stages:
- Budgetary control – control before the appropriation of grants through the enactment of the budget.
- Post-budgetary control – control after the appropriation of grants through the three financial committees.
- The budget is based on the ‘principle of annuity’ and ‘rule of lapse’ meaning Parliament grants money to the government for one financial year.
- It facilitates effective financial control by the Parliament as no reserve funds can be built without its authorisation.
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Constituent Powers and Functions
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- The Parliament is vested with the powers to amend the Constitution (Art.368) by way of addition, variation or repeal of any provision.
- Power to initiate the process of the amendment of the Constitution lies exclusively in the hands of the Parliament and not the state legislature.
- There is only one exception, that is, the state legislature can pass a resolution requesting the Parliament for the creation or abolition of the legislative council in the state.
- Parliament can amend the Constitution in three ways: –
- By simple majority – Major part of the Constitution
- By special majority – Some other provisions of the Constitution
- By special majority but with the consent of half of all the state legislatures – Only a few provisions of the Constitution can be amended by the Parliament (by special majority) and with the consent of at least half of the State Legislatures (by simple majority).
- The constituent power of the Parliament is subject to the ‘basic structure’ of the Constitution and not absolute or unlimited – Kesavananda Bharati case (1973)
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Judicial Powers and Functions
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- 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.
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Electoral Powers and Functions
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- The Parliament participates in the election of the President and elects the Vice- President.
- The Lok Sabha elects its Speaker and Deputy Speaker, while the Rajya Sabha elects its Deputy Chairman.
- The Parliament is also authorised to make laws to regulate the elections to the offices of President and Vice-President, to both the Houses of Parliament and to both the Houses of state legislature.
- Parliament enacted the Presidential and Vice-Presidential Election Act (1952), the Representation of People Act (1950), the Representation of People Act (1951), etc.
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Other Powers and Functions.
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- 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 proclaimed by the President.
- It can create or abolish the state legislative councils (Art.169) 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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