Powers and Functions of Parliament

Role and Functions of Parliament in the Indian Politico-Administrative System

• In the Indian politico-administrative framework, the Parliament holds a pivotal position and undertakes multiple functions. Its powers and responsibilities can be broadly categorized as:
  • (i) Legislative Powers and Functions
  • (ii) Executive Powers and Functions
  • (iii) Financial Powers and Functions
  • (iv) Constituent Powers and Functions
  • (v) Judicial Powers and Functions
  • (vi) Electoral Powers and Functions
  • (vii) Other Powers and Functions

• 1. Legislative Powers and Functions

  • The primary responsibility of Parliament is to enact laws governing the country.
  • It has exclusive authority to legislate on subjects in the Union List (currently 100 subjects, originally 97) and on residuary subjects not mentioned in any of the three lists.
  • Regarding the Concurrent List (currently 52 subjects, originally 47), Parliament has overriding powers, meaning Parliamentary law prevails over state legislation in case of conflict.
  • Under specific conditions, Parliament may legislate on State List subjects (currently 61, originally 66):
    • (a) If the Rajya Sabha passes a resolution permitting it.
    • (b) During a National Emergency.
    • (c) When two or more states jointly request it.
    • (d) To implement international treaties, agreements, or conventions.
    • (e) During President’s Rule in a state.
  • All ordinances issued by the President during Parliament's recess must be approved within six weeks of reassembly. If not, the ordinance becomes inoperative.
  • Delegated legislation: Parliament enacts laws in broad terms and authorizes the Executive to formulate detailed rules and regulations, which are then presented to Parliament for review.

• 2. Executive Powers and Functions

  • The Indian Constitution establishes a parliamentary form of government, making the Executive accountable to Parliament for its actions and policies.
  • Parliament monitors the Executive through mechanisms such as Question Hour, Zero Hour, Short Duration Discussion, Calling Attention Motion, Adjournment Motion, No-Confidence Motion, and Censure Motion.
  • Parliamentary committees also supervise Executive functions, including:
    • Committee on Government Assurance
    • Committee on Subordinate Legislation
    • Committee on Petitions
  • Collective and individual responsibility: Ministers are collectively accountable to Parliament (especially Lok Sabha) and individually responsible for administering their ministries efficiently. The council of ministers remains in office as long as they enjoy the majority's confidence.
  • Lok Sabha can express lack of confidence in government by:
    • (a) Rejecting a motion of thanks on the President’s inaugural address.
    • (b) Rejecting a Money Bill.
    • (c) Passing a Censure Motion or an Adjournment Motion.
    • (d) Defeating the government on a crucial issue.
    • (e) Passing a Cut Motion.
  • In essence, the first duty of Parliament is to select, support, and sustain the government while it enjoys confidence, and to remove it when confidence is lost.

• 3. Financial Powers and Functions

  • Parliamentary approval is mandatory for taxation and government expenditure.
  • The budget must be presented to and sanctioned by Parliament, legalizing government receipts and expenses for the financial year.
  • Parliamentary oversight of public funds is carried out by financial committees:
    • Public Accounts Committee
    • Estimates Committee
    • Committee on Public Undertakings
  • Two levels of financial control:
    • (a) Budgetary Control: Oversight before appropriation of grants through budget enactment.
    • (b) Post-Budgetary Control: Monitoring after appropriation via financial committees.
  • The principle of annuality ensures funds are allocated for one financial year. Unspent money lapses to the Consolidated Fund of India, a practice called the ‘rule of lapse’, often leading to a ‘March Rush’ of expenditure at the year-end.

• 4. Constituent Powers and Functions

  • The Parliament has the authority to amend the Constitution through addition, modification, or repeal of its provisions.
  • Amendments can be carried out in three ways:
    • (a) By simple majority: Majority of members present and voting in each House.
    • (b) By special majority: More than 50% of total membership and at least two-thirds of members present and voting in each House.
    • (c) By special majority with state consent: Special majority in Parliament plus approval by at least half of state legislatures.
  • Exclusive initiation: Only Parliament can propose amendments; state legislatures cannot, except by requesting the creation or abolition of a legislative council.
  • The power to amend is not unlimited; it is restricted by the ‘basic structure’ doctrine of the Constitution, as held in Kesavananda Bharati (1973) and reaffirmed in Minerva Mills (1980).

• 5. Judicial Powers and Functions

  • Parliament exercises certain judicial powers, including:
  • • (a) Impeachment of the President for constitutional violations.
    • (b) Removal of the Vice-President from office.
    • (c) Recommending the removal of judges (including Chief Justice), Chief Election Commissioner, and Comptroller and Auditor General to the President.
    • (d) Punishing members or outsiders for breaching its privileges or contempt of Parliament.

• 6. Electoral Powers and Functions

  • The Parliament plays a vital role in elections, including:
  • • Participating in the election of the President (along with state legislatures) and electing the Vice-President.
    • Lok Sabha elects its Speaker and Deputy Speaker; Rajya Sabha elects its Deputy Chairman.
    • Legislating election procedures for President, Vice-President, both Houses of Parliament, and state legislatures via laws such as:
      • Presidential and Vice-Presidential Election Act (1952)
      • Representation of People Act (1950)
      • Representation of People Act (1951)

• 7. Other Powers and Functions

  • Other key functions of Parliament include:
  • • (a) Serving as the highest deliberative forum to discuss national and international issues.
    • (b) Approving all three types of emergencies declared by the President: national, state, and financial.
    • (c) Creating or abolishing state legislative councils on the recommendation of the concerned state legislatures.
    • (d) Modifying the area, boundaries, or names of states within the Indian Union.
    • (e) Regulating the organisation and jurisdiction of the Supreme Court and high courts, including establishing a common high court for multiple states.

Parliamentary Control and the Position of Rajya Sabha

• Parliamentary Control over Government

  • In practice, the Parliament’s control over administration in India is often more theoretical than effective.
  • The following factors contribute to this limited effectiveness:
    • (a) Parliament lacks sufficient time and expertise to manage a growing and complex administration.
    • (b) Financial control is hampered by the technical nature of grant demands, which lay parliamentarians may not fully understand.
    • (c) The Executive dominates legislative leadership and policy formulation.
    • (d) The large size of Parliament makes it difficult to manage effectively.
    • (e) Majority support for the Executive reduces the scope for meaningful criticism.
    • (f) Financial committees, like the Public Accounts Committee, review expenditures only after they occur, performing post-mortem analysis.
    • (g) Increased use of the guillotine limits detailed parliamentary scrutiny of bills.
    • (h) Growth of delegated legislation reduces Parliament’s role in making detailed laws, enhancing bureaucracy’s power.
    • (i) Frequent ordinances issued by the President weaken parliamentary legislative authority.
    • (j) Parliamentary control tends to be sporadic, general, and largely political in nature.
    • (k) Weak opposition and declining parliamentary ethics contribute further to ineffective legislative oversight.

• Position of Rajya Sabha

  • The constitutional status of the Rajya Sabha compared to the Lok Sabha can be analysed from three perspectives:
    • (i) Where it is equal to Lok Sabha
    • (ii) Where it is unequal to Lok Sabha
    • (iii) Where it has special powers not shared by Lok Sabha

  • Equal Status with Lok Sabha

    • The Rajya Sabha has equal powers in the following areas:
      • (1) Introduction and passage of ordinary bills.
      • (2) Introduction and passage of Constitutional amendment bills.
      • (3) Introduction and passage of financial bills involving Consolidated Fund of India.
      • (4) Election and impeachment of the President.
      • (5) Election and removal of the Vice-President; Rajya Sabha alone initiates removal, while Lok Sabha approves by simple majority.
      • (6) Recommending removal of Chief Justice, Supreme Court and high court judges, Chief Election Commissioner, and Comptroller and Auditor General.
      • (7) Approval of ordinances issued by the President.
      • (8) Approval of all three types of emergencies declared by the President.
      • (9) Selection of ministers including the Prime Minister; ministers remain accountable primarily to the Lok Sabha.
      • (10) Consideration of reports from constitutional bodies such as Finance Commission, UPSC, Comptroller and Auditor General, etc.
      • (11) Expanding jurisdiction of the Supreme Court and UPSC.

  • Unequal Status with Lok Sabha

    • The Rajya Sabha has limited powers in comparison to the Lok Sabha in certain matters:
      • (1) Only Lok Sabha can introduce a Money Bill.
      • (2) Rajya Sabha cannot amend or reject a Money Bill; it can only suggest recommendations within 14 days.
      • (3) Lok Sabha may accept or reject these recommendations; the bill is deemed passed regardless.
      • (4) Financial bills not exclusively under Article 110 must be introduced in Lok Sabha; passage involves both Houses equally.
      • (5) Final decision on a bill being a Money Bill rests with the Speaker of Lok Sabha.
      • (6) Speaker of Lok Sabha presides over joint sittings of both Houses.
      • (7) Lok Sabha has numerical dominance in joint sittings, except when opposition majority exists.
      • (8) Rajya Sabha may discuss but cannot vote on demands for grants.
      • (9) Only Lok Sabha can pass resolutions to end national emergency.
      • (10) Rajya Sabha cannot remove the Council of Ministers via no-confidence motion but can discuss and critique government policies.

  • Special Powers of Rajya Sabha

    • Due to its federal character, Rajya Sabha enjoys two exclusive powers:
      • (1) Authorising Parliament to legislate on State List subjects (Article 249).
      • (2) Authorising Parliament to create new All-India Services common to Centre and states (Article 312).

  • Utility of Rajya Sabha

    • Although it has fewer powers than Lok Sabha, its role is important for:
      • (i) Checking hasty or ill-considered legislation by providing revision and deliberation.
      • (ii) Representation of distinguished professionals and experts; President nominates 12 members.
      • (iii) Maintaining federal balance by safeguarding state interests against undue Centre interference.

Parliamentary Privileges

• Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and members. They are essential to maintain independence and effectiveness in performing parliamentary duties. Without these privileges, the Houses cannot uphold their authority, dignity, and honour or protect members from obstruction in discharging responsibilities.

  The Constitution extends these privileges to persons entitled to speak or participate in House proceedings or committees, such as the Attorney General of India and Union ministers. Note: These privileges do not extend to the President.

• Classification

  • Parliamentary privileges are divided into two main categories:
    • (i) Collective privileges: enjoyed by each House as a body.
    • (ii) Individual privileges: enjoyed by members personally.

• Collective Privileges

  • Privileges enjoyed by each House collectively include:
    • (1) Right to publish reports, debates, and proceedings; can prohibit others from publishing. The 44th Amendment Act (1978) restored freedom of press to publish true reports except during secret sittings.
    • (2) Right to exclude strangers and hold secret sittings for sensitive matters.
    • (3) Authority to make rules regulating its procedure and conduct of business.
    • (4) Power to punish members and outsiders for breach of privilege or contempt through reprimand, admonition, imprisonment, suspension, or expulsion.
    • (5) Right to immediate information of arrest, detention, conviction, imprisonment, and release of a member.
    • (6) Authority to conduct inquiries, summon witnesses, and call for relevant papers and records.
    • (7) Courts are prohibited from inquiring into the proceedings of a House or its committees.
    • (8) No person (member or outsider) can be arrested, nor legal process served within the House precincts without permission from the presiding officer.

• Individual Privileges

  • Privileges enjoyed by members personally include:
    • (1) Immunity from arrest during sessions, and 40 days before and after sessions, applicable only in civil cases.
    • (2) Freedom of speech in Parliament; members are not liable for anything said or votes given within Parliament or committees, subject to Constitution and parliamentary rules.
    • (3) Exemption from jury service; members may refuse to give evidence or appear as witnesses when Parliament is in session.

• Breach of Privilege and Contempt of the House

  • Breach of privilege occurs when any individual or authority disregards or attacks privileges of a member or the House collectively. It is punishable by the House.

    Contempt of the House refers to acts obstructing a House, its members, or officers in performing functions or affecting its dignity and authority. Breach of privilege may amount to contempt, but contempt can exist without a specific breach of privilege. For example, disobeying a legitimate House order is contempt, even if not a breach of privilege.

• Sources of Parliamentary Privileges

  • Initially, Article 105 of the Constitution mentioned two privileges: freedom of speech and right of publication of proceedings. Other privileges were modeled on the British House of Commons (26 January 1950), until defined by Parliament.
  • The 44th Amendment Act (1978) updated references but maintained the same implications; privileges remain as they were on 20 June 1979, until Parliament defines them.
  • Sources of privileges include:
    • (i) Constitutional provisions
    • (ii) Laws enacted by Parliament
    • (iii) Rules of both Houses
    • (iv) Parliamentary conventions
    • (v) Judicial interpretations

The Doctrine of Sovereignty of Parliament

• The concept of sovereignty of Parliament is primarily linked to the British Parliament. Sovereignty implies the ultimate authority within a state. In Great Britain, this supreme power resides with the Parliament, which faces no legal restrictions on its authority or jurisdiction.
• Hence, Parliamentary supremacy is a fundamental aspect of the British constitutional framework. According to AV Dicey, this principle has three main implications:
  • (i) Law-making powers: The Parliament can create, amend, replace, or repeal any law. De Lolme, a British political analyst, famously noted, "The British Parliament can do everything except turn a woman into a man and a man into a woman".
  • (ii) Constitutional laws: Parliament can enact constitutional laws using the same procedure as ordinary laws. There is no legal distinction between its constituent and legislative authority.
  • (iii) Judicial limitation: Parliamentary laws cannot be declared unconstitutional by the judiciary, meaning there is no judicial review in Britain.
• The Indian Parliament, in contrast, is not entirely sovereign due to legal constraints on its powers. The main factors limiting its sovereignty include:

  • Written Nature of the Constitution

    • The Constitution of India is the supreme law, defining the authority and jurisdiction of the Union government organs. Therefore, Parliament must operate within constitutional limits.
    • There is a legal distinction between the legislative authority and constituent authority of Parliament. Certain constitutional amendments also require ratification by at least half of the states.
    • In Britain, the Constitution is unwritten, with no fundamental law restricting Parliament.

  • Federal System of Government

    • India has a federal government with constitutionally defined powers for the Union and states. Parliament’s legislative authority is confined to subjects in the Union List and Concurrent List.
    • It cannot legislate on subjects in the State List, except under five extraordinary circumstances and for limited periods.
    • In contrast, Britain’s unitary system vests all powers in the central government.

  • System of Judicial Review

    • India’s independent judiciary, with powers of judicial review, limits Parliament’s supremacy. Both Supreme Court and High Courts can strike down unconstitutional laws.
    • Britain lacks judicial review; courts must apply parliamentary laws without questioning their validity.

  • Fundamental Rights

    • Part III of the Indian Constitution guarantees justiciable fundamental rights, limiting parliamentary power.
    • Article 13 prohibits laws that violate fundamental rights. Any contravening law is void.
    • Britain does not codify such rights; citizens rely on the Rule of Law for maximum liberty.
• Comparison between Indian and British Parliaments:
  • While structurally similar, the Indian Parliament is legally restrained, unlike the sovereign British Parliament.
  • India resembles the US Congress, which is also restricted by a written constitution, federalism, judicial review, and a bill of rights.

Articles Related to Parliament at a Glance

• General:
  • (i) Article 79 – Constitution of Parliament
  • (ii) Article 80 – Composition of the Council of States
  • (iii) Article 81 – Composition of the House of the People
  • (iv) Article 82 – Readjustment after each census
  • (v) Article 83 – Duration of Houses of Parliament
  • (vi) Article 84 – Qualification for membership
  • (vii) Article 85 – Sessions, prorogation, and dissolution
  • (viii) Article 86 – President’s right to address Houses
  • (ix) Article 87 – Special presidential address
  • (x) Article 88 – Rights of Ministers and Attorney-General
• Officers of Parliament:
  • (i) Article 89 – Chairman and Deputy Chairman of Council of States
  • (ii) Article 90 – Vacation, resignation, or removal of Deputy Chairman
  • (iii) Article 91 – Acting as Chairman
  • (iv) Article 92 – Restriction on presiding during removal resolution
  • (v) Articles 93-96 – Speaker and Deputy Speaker of House of People and related provisions
  • (vi) Article 97 – Salaries and allowances of Chairpersons and Speakers
  • (vii) Article 98 – Secretariat of Parliament
• Conduct of Business:
  • (i) Article 99 – Oath or affirmation by members
  • (ii) Article 100 – Voting, quorum, and powers of Houses
• Disqualifications of Members:
  • (i) Article 101 – Vacation of seats
  • (ii) Article 102 – Disqualifications
  • (iii) Article 103 – Decision on disqualifications
  • (iv) Article 104 – Penalties for violations
• Powers, Privileges, and Immunities:
  • (i) Article 105 – Powers and privileges of Houses and members
  • (ii) Article 106 – Salaries and allowances of members
• Legislative Procedure:
  • (i) Articles 107-111 – Introduction and passage of Bills, special procedures, and assent
• Financial Matters:
  • (i) Articles 112-117 – Annual financial statements, estimates, appropriation bills, and special provisions
• Procedures Generally:
  • (i) Articles 118-122 – Rules of procedure, regulation of financial business, language, discussion limits, and parliamentary immunity
• Legislative Powers of President:
  • (i) Article 123 – President’s power to promulgate Ordinances during parliamentary recess