In the Indian politico-administrative framework, established after independence in and cemented when the Constitution took effect on , Parliament holds a pivotal central position. It acts as the law-making engine, the money manager, and the supervisor of the nation's leader-ministers. Understanding how Parliament operates helps us grasp how laws are made, how public money is checked, and how rights are kept safe.
🎯 In this chapter, you will understand:
- The seven major responsibilities and powers given to the Indian Parliament.
- How Parliament keeps the government answerable and where that control falls short.
- The special position, shared duties, and unique powers of the Rajya Sabha.
- What parliamentary privileges are and why Indian Parliament is not fully supreme like the British Parliament.
💡 Why this topic matters: Parliament represents the voice of over one billion citizens. Learning its setup reveals how our daily rules are created and how leaders are kept in check.
🧠 Core Idea: India follows a parliamentary democracy where the law-making body keeps the leaders accountable, works under a supreme written Constitution, and balances powers between the national government and individual states.
1. Powers and Functions of Parliament
In the Indian politico-administrative framework, the Parliament holds a pivotal position and undertakes multiple functions. Just think of Parliament as a big governing council with seven major jobs to do for the nation. Its powers and responsibilities can be broadly categorized as follows:
- (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
1.1 Legislative Powers and Functions
Making laws is the main job of Parliament. Parliament writes national rules that everyone in the country must follow to keep order and fairness.
- 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—which means any new topic that is not written in any of the official list sets.
- Regarding the Concurrent List (currently 52 subjects, originally 47), Parliament has overriding powers, meaning Parliamentary law prevails over state legislation in case of conflict. If a state rule clashes with a central rule, the national rule wins.
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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 (temporary emergency rules) issued by the President during Parliament's break or recess must be approved within six weeks once Parliament meets again. If not approved, the ordinance becomes inoperative and stops working.
- Delegated legislation: Parliament enacts laws in broad general terms and authorizes the Executive ministers and officers to formulate detailed rules and regulations, which are then presented back to Parliament for review.
1.2 Executive Powers and Functions
The government leaders—called the Executive or Council of Ministers—cannot simply do whatever they want. Parliament acts like a watchful guide and manager that keeps an eye on everything ministers do every single day.
- 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 practical question tools 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 the Lok Sabha) as a team, and individually responsible for running their own 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.
1.3 Financial Powers and Functions
Not a single rupee of public tax money can be collected or spent by the government without Parliament giving its permission first. Parliament is the guardian of the nation's purse.
- 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.
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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 money is granted, done while discussing and passing the budget.
- (b) Post-Budgetary Control: Monitoring after money is spent, done using financial committees to check for waste.
- 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’ where offices spend money quickly before .
1.4 Constituent Powers and Functions
As times change, the rulebook of the nation needs updates. Parliament has the special power to change or amend the Constitution, but it must follow strict rules so fundamental principles remain safe.
- The Parliament has the authority to amend the Constitution through addition, modification, or repeal of its provisions.
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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 the landmark Kesavananda Bharati case in and reaffirmed in Minerva Mills in .
1.5 Judicial Powers and Functions
Besides making laws, Parliament can act like a high court in extraordinary cases to punish wrongdoing or remove top constitutional officers when they break fundamental rules.
- 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 the Chief Justice of India), the Chief Election Commissioner, and the Comptroller and Auditor General to the President.
- (d) Punishing members or outsiders for breaching its privileges or showing disrespect and contempt toward Parliament.
1.6 Electoral Powers and Functions
Parliament members play a key role in choosing the leaders of our republic through voting processes.
- 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.
- The Lok Sabha elects its Speaker and Deputy Speaker; the 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)
1.7 Other Powers and Functions
Parliament also acts as the nation's primary debate hall and handles changes to internal borders and emergency declarations.
- 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.
2. Parliamentary Control over Government
In theory, Parliament has total control over government leaders. In everyday reality, however, that control is often limited because administration has grown huge and complicated over time.
- 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 (voting on many budget items together without debate) 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.
3. Position of Rajya Sabha
The Rajya Sabha is the Upper House of Parliament representing Indian states. It works together with the Lok Sabha, but their powers are not identical in every single area.
- 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
3.1 Equal Status with Lok Sabha
In many important constitutional tasks, both Houses have equal authority and must agree together.
- (1) Introduction and passage of ordinary bills.
- (2) Introduction and passage of Constitutional amendment bills.
- (3) Introduction and passage of financial bills involving the 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 the Chief Justice of India, Supreme Court and high court judges, the Chief Election Commissioner, and the 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 the Finance Commission, UPSC, and Comptroller and Auditor General.
- (11) Expanding jurisdiction of the Supreme Court and UPSC.
3.2 Unequal Status with Lok Sabha
When it comes to money and stopping a government, the Lok Sabha holds far greater authority because its members are directly elected by the public.
- (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 .
- (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 because it has twice as many members.
- (8) Rajya Sabha may discuss but cannot vote on demands for grants.
- (9) Only Lok Sabha can pass resolutions to end a national emergency.
- (10) Rajya Sabha cannot remove the Council of Ministers via no-confidence motion but can discuss and critique government policies.
3.3 Special Powers of Rajya Sabha
Because Rajya Sabha is the voice of the states, the Constitution gives it two unique powers that Lok Sabha does not have on its own.
- (1) Authorising Parliament to legislate on State List subjects under Article 249.
- (2) Authorising Parliament to create new All-India Services common to Centre and states under Article 312.
3.4 Utility of Rajya Sabha
Even though it has less control over money, Rajya Sabha plays a vital role in slowing down hasty legislation and bringing experienced voices into public service.
- (i) Checking hasty or ill-considered legislation by providing careful revision and thoughtful debate.
- (ii) Representation of distinguished professionals and experts; the President nominates from arts, science, literature, and social service.
- (iii) Maintaining federal balance by safeguarding state interests against undue central government interference.
4. 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.
4.1 Classification of Privileges
Special rights given to Parliament are split into two groups: those shared by the whole House as a group, and those given to individual leaders.
- (i) Collective privileges: enjoyed by each House as a body.
- (ii) Individual privileges: enjoyed by members personally.
4.2 Collective Privileges
These are powers that belong to the House as a whole team to guard its dignity and procedures.
- (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.
4.3 Individual Privileges
These are special shields given to each member of Parliament so they can speak freely and work without fear.
- (1) Immunity from arrest during sessions, and before and after sessions, applicable only in civil cases (not criminal cases).
- (2) Freedom of speech in Parliament; members are not liable in court 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.
4.4 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.
4.5 Sources of Parliamentary Privileges
Where do these special rights come from? Initially, Article 105 mentioned freedom of speech and publication rights, while mirroring the British House of Commons rules as of .
The 44th Amendment Act (1978) updated references but maintained the same implications; privileges remain as they were on , until Parliament defines them fully by law.
Today, privileges stem from five main sources:
- (i) Constitutional provisions
- (ii) Laws enacted by Parliament
- (iii) Rules of both Houses
- (iv) Parliamentary conventions
- (v) Judicial interpretations
5. Sovereignty of Parliament
The concept of sovereignty of Parliament is primarily linked to the British Parliament. Sovereignty implies the ultimate supreme 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 scholar 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. It operates within carefully built boundaries. The main factors limiting its supreme authority include:
5.1 Written Nature of the Constitution
Unlike Britain's unwritten rules, India has a supreme written book that sets clear boundaries for all lawmakers.
- 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.
5.2 Federal System of Government
Power is shared between the central government and state governments, stopping Parliament from taking over state topics easily.
- 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.
5.3 System of Judicial Review
Independent courts watch over Parliament to make sure no unconstitutional laws are passed.
- India’s independent judiciary, with powers of judicial review, limits Parliament’s supremacy. Both the Supreme Court and High Courts can strike down unconstitutional laws.
- Britain lacks judicial review; courts must apply parliamentary laws without questioning their validity.
5.4 Fundamental Rights
Citizens are protected by basic rights that lawmakers cannot take away randomly.
- 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 declared void.
- Britain does not codify such rights in a single constitutional block; 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.
6. Important Articles Related to Parliament
The Constitution sets out key articles that define how Parliament is formed, organized, and operated:
- General Setup:
- (i) Article 79 – Constitution of Parliament
- (ii) Article 80 – Composition of the Council of States (Rajya Sabha)
- (iii) Article 81 – Composition of the House of the People (Lok Sabha)
- (iv) Article 82 – Readjustment after each census
- (v) Article 83 – Duration of Houses of Parliament
- (vi) Article 84 – Qualification for membership of Parliament
- (vii) Article 85 – Sessions of Parliament, prorogation, and dissolution
- (viii) Article 86 – Right of President to address and send messages to Houses
- (ix) Article 87 – Special address by the President
- (x) Article 88 – Rights of Ministers and Attorney-General in respect of Houses
- Officers of Parliament:
- (i) Article 89 – The Chairman and Deputy Chairman of the Council of States
- (ii) Article 90 – Vacation and resignation of, and removal from, the office of Deputy Chairman
- (iii) Article 91 – Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
- (iv) Article 92 – The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
- (v) Articles 93-96 – Speaker and Deputy Speaker of the House of the People, their vacation, resignation, removal, and presiding restrictions
- (vi) Article 97 – Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
- (vii) Article 98 – Secretariat of Parliament
- Conduct of Business:
- (i) Article 99 – Oath or affirmation by members
- (ii) Article 100 – Voting in Houses, power of Houses to act notwithstanding vacancies, and quorum
- Disqualifications of Members:
- (i) Article 101 – Vacation of seats
- (ii) Article 102 – Disqualifications for membership
- (iii) Article 103 – Decision on questions as to disqualifications of members
- (iv) Article 104 – Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified
- Powers, Privileges, and Immunities:
- (i) Article 105 – Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof
- (ii) Article 106 – Salaries and allowances of members
- Legislative Procedure:
- (i) Articles 107-111 – Provisions as to introduction and passing of Bills, joint sittings, special procedure in respect of Money Bills, definition of Money Bills, and Assent to Bills
- Financial Matters:
- (i) Articles 112-117 – Annual financial statement (Budget), procedure in Parliament with respect to estimates, Appropriation Bills, Supplementary grants, Votes on account, and Special provisions as to financial Bills
- Procedures Generally:
- (i) Articles 118-122 – Rules of procedure, regulation by law of procedure in Parliament in relation to financial business, language to be used, restriction on discussion, and courts not to inquire into proceedings of Parliament
- Legislative Powers of President:
- (i) Article 123 – Power of President to promulgate Ordinances during recess of Parliament
⚡ Quick Revision Capsule: Parliament Comparison & Core Features
Use this quick table to revise key comparisons between Houses and systems before exams:
| Feature Category | Indian Parliament / Lok Sabha | British Parliament / Rajya Sabha |
|---|---|---|
| Sovereignty | Restrained by written Constitution and judicial review | British Parliament is fully sovereign with no legal limits |
| Money Bills | Lok Sabha holds exclusive power to introduce and pass | Rajya Sabha has only to offer suggestions |
| Special Powers | Removes government through No-Confidence Motion | Creates All-India Services under Article 312 |
| Privileges Source | Article 105, rules, conventions, and court interpretations | Historical conventions modeled on British House of Commons |
| Constitutional Limits | Bound by Fundamental Rights under Article 13 | Unwritten constitutional rules without judicial review |
📝 Summary
In summary, the Indian Parliament plays a vital role across legislative, executive, financial, constituent, judicial, electoral, and deliberative functions. Established under the Constitution of India in , it balances democracy and administrative oversight. While the Lok Sabha holds supreme authority over money matters and government survival, the Rajya Sabha provides federal balance and expert revision. Furthermore, unlike the sovereign British Parliament, the Indian Parliament is bound by a supreme written Constitution, federal boundaries, and judicial review.
🚀 Quick Revision Points
Essential facts to review before examinations:
- (i) Parliament legislates on Union List (100 items) and residuary subjects.
- (ii) Executive accountability is enforced via motions like No-Confidence Motion in Lok Sabha.
- (iii) Article 249 and Article 312 give special federal powers to Rajya Sabha.
- (iv) Parliamentary privileges under Article 105 shield members from civil arrest during sessions and grant freedom of speech.
- 💡 Exam Tip: Remember that Rajya Sabha has NO power to reject or amend a Money Bill—it can only hold it for up to 14 days!
❓ Frequently Asked Questions (FAQ)
Q1: Is the Indian Parliament completely sovereign like the British Parliament?
A1: No. The Indian Parliament is bound by a supreme written Constitution, federal division of powers, Fundamental Rights, and judicial review by courts.Q2: What happens if Rajya Sabha does not return a Money Bill within 14 days?
A2: The bill is considered passed by both Houses in its original form as passed by the Lok Sabha.Q3: What are the exclusive powers enjoyed by Rajya Sabha?
A3: Under Article 249, it can allow Parliament to make laws on State List subjects, and under Article 312, it can authorize the creation of new All-India Services.
