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Final Project


A study on concepts, techniques, provisions and powers

Submitted to: Dr S.P.Singh Submitted by: Inzmamul Haque Student, Ist year, Ist semester, Roll-933 Chanakya National Law University

Table Of Contents
Chapter Page No

Acknowledgement-----------------------------------------Introduction-------------------------------------------------Research Methodology-------------------------------------Objective ------------------------------------------------------Hypothesis-----------------------------------------------------Composition Of Indian Parliament-------------------------Role and Functions of Indian Parliament-----------------------------------------Power and Importance Of Indian Parliament----------------------------------------Opening Of Parliament By President-----------------------------------------------------Conclusion------------------------------------------------------Bibliography-----------------------------------------------------

Acknowledgement:I am feeling highly elated to work on the topic Power And Functions Of Indian Parliament under the guidance of my political science teacher Dr S P Singh .I am very grateful to him for his exemplary guidance. I would like to enlighten my readers

regarding this topic and I hope I have tried my best to pave the way for bringing more luminosity to this topic. I also want to thank all of my friends, without whose cooperation this project was not possible. Apart from all these, I want to give special thanks to the librarian of my university who made every relevant materials regarding to my topic available to me at the time of my busy research work and gave me assistance. And at last I am very much obliged to the God who provided me the potential for the rigorous research work. At finally yet importantly I would like to thank my parents for the financial support. -----------------Thanking You

Introduction:Historical Background
India became independent on 15 August 1947. Many sections of society participated in the struggle. People from various backgrounds joined the struggle and they were inspired by the ideas of freedom, equality and participation in decision making. Under colonial rule, the people had lived in fear of the British government and did not agree with many of the decisions that they took. But they faced grave danger if they tried to criticise these decisions. The freedom movement changed this situation. The nationalists began to openly criticise the British government and make demands. As far back as 1885, the Indian National Congress demanded that there be elected members in the legislature with a right to discuss the budget and ask questions. The Government of India Act 1909, allowed for some elected representation. The dreams and aspirations of the freedom struggle were made concrete in the Constitution of independent India that laid down the principle of universal adult franchise, i.e. that all adult citizens of the country have the right to vote.

About Parliament
Article 79 declares: There shall be a Parliament for the union which shall consist of the President and two Houses known as the Council of States and the House of the People

The term Parliament is usually associated with the British system of parliamentary

government, a system which has influenced the development of representative assemblies in many parts of the world. In pre-revolutionary France the word Parlement was applied to courts of justice which were not representative bodies at all. The word itself is derived from the Latin parliamentum and the French word parler and originally meant a talk; and talking is, of course, what Parliaments do most of the time. The origins of Parliaments and similar assemblies can be traced back to many centuries. They are the central institutions of many systems of government. Although conceived in ancient times, they seem to be infinitely

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adaptable and their numbers have proliferated and developed many forms in modern times. The term Parliament embraces many widely differing assemblies: the United States Congress, the State Duma of Russia, the Japanese Diet, the National Peoples Congress of China, the Knesset of Israel,Sansad in India, to name just a few. Parliament is the supreme legislative body of a country. Our Parliament comprises of the President and the two HousesLok Sabha (House of the People) and Rajya Sabha (Council of States). The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.

The Constitution of India came into force on January 26, 1950. The first general elections

under the new Constitution were held during the year 1951-52 and the first elected Parliament came into being in April, 1952, the Second Lok Sabha in April, 1957, the Third Lok Sabha in April, 1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March, 1971, the Sixth Lok Sabha in March, 1977, the Seventh Lok Sabha in January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth Lok Sabha in December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May, 1996, the Twelfth Lok Sabha in March, 1998 and Thirteenth Lok Sabha in October, 1999.The Parliament have an essential part known as The President .The legislative authority of the union of India is vested in the Parliament. The President may issue an ordinance, when both houses of Parliament are not in session and such ordinances must be approved by both the Houses within six weeks of their assembly.
The laws framed by the Indian Parliament are enforced in the whole of the country. The Parliament holds its meetings in New Delhi the capital of India. The primary function of the parliament is legislation by law making. Through Parliament people in parliamentary democracy are always sovereign. Parliaments makes laws and even repeals the existing laws and make new laws to suit the changing conditions of social life.3 The Parliament is sovereign over the financial matters. No tax can be levied or expenditure or authorised without the considered approval of the members of legislature. Parliament scrutinises the Governments expenditure through a discussion on the annual audit report on Governments expenditure. The Parliament controls the purse of nation. The Parliament has to approve the appointment of high officers of the state. The Parliament or legislature appoints commissions to enquire into the administration of the state. Parliament

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Dr S.R.MYNENI, political science for law students 399-400 (2012)

controls the executive as the executive is responsible to the legislature for all its actions and can be driven out of power by the Parliament. Besides interrogating the executive through questions, the members of Parliament can also move the vote of censure or vote of no confidence. Only the parliament can amend the constitution. In a flexible constitution the process of amendment to the constitution will be similar to ordinary law making. All the legislative powers of the federal Government are vested in the Parliament. The laws framed by the Indian Parliament are enforced in the whole of the country. The Parliament is sovereign in Parliamentary democracy within the framework of the constitution. As the people elect the members of the Parliament the people of the country are sovereign in real sense.

Research Methodology:For the purpose of research the researcher has relied on the primary sources to look for information relating to laws, statutes, functions and powers of Indian Parliament. The researcher has aimed at doctrinal research and tries to critically analyse and provide an unbiased account with the help of the doctrinal method of research. The various library and Internet facilities available at Chanakya national Law University, Patna have been utilized for this purpose. Most of the information is, however, from the Internet.

Aims and Objectives of research: To determine the functions of Parliament Of India To determine the role and importance of parliament Of India To know about the working of Parliament Of India

Research Question:1. What are the functions of the Parliament of India? 2. What are the compositions of Indian Parliament? 3. What are the legislative procedures in Indian Parliament?

Hypothesis:Parliament is basically body of elected representative of the country. Their members are appointed to make the voice of the general masses who had elected the representative which have been sent to the higher level of government to dominate and raise the the general issues of the common people. The working of the Parliament is divide into certain session and the tenure and the function of the Parliament affairs varies from session to session.

Composition of Indian Parliament:COUNCIL OF STATES (RAJYA SABHA) The Rajya Sabha is to consist of not more than 250 members. Of these, 12 are nominated by the President for their special knowledge or practical experience in such matters as literature, science, art and social service. The remaining seats are allocated to the various States and Union territories, roughly in proportion to their population; each State is, however, represented by at least one member. The total number of seats in the Rajya Sabha at present is 245, including 12 members nominated by the President. The representatives of each State in Rajya Sabha are elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of single transferable vote. The representatives of the Union territories are chosen in such manner as Parliament may by law prescribe. The minimum age for membership of the House is 30 years. The Rajya Sabha is not subject to dissolution, but as nearly as possible, one-third of its members retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. The normal term of office of a member of Rajya Sabha is six years from the date of election or nomination. HOUSE OF THE PEOPLE (LOK SABHA) The Lok Sabha, as the name itself signifies, is composed of representatives of the people chosen by direct election on the basis of adult suffrage. The maximum strength of the House envisaged by the Constitution is 552 upto 530 members to represent the States, upto 20 members to represent the Union territories and not more than two members of the AngloIndian Community to be nominated by the President if, in his opinion, that community is not adequately represented in the House. The total elective membership of the House is

distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States. The qualifying age for membership of the Lok Sabha is 25 years. The Lok Sabha at present consists of 545 members. The Lok Sabha, unless sooner dissolved, continues for five years from the date appointed for its first meeting and the expiration of the period of five years operates as dissolution of the House. However, while a Proclamation of Emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not exceeding in any case beyond a period of six months after the Proclamation has ceased to operate.

Following the first General Elections held in the country in 1952, the First Lok Sabha

met for the first time on 13 May 1952. The Second Lok Sabha met for the first time on 10 May 1957, the Third Lok Sabha on 16 April 1962, the Fourth Lok Sabha on 16 March 1967, the Fifth Lok Sabha on 19 March 1971, the Sixth Lok Sabha on 25 March 1977, the Seventh Lok Sabha on 21 January 1980, the Eighth Lok Sabha on 15 January 1985, the Ninth Lok Sabha on 18 December 1989, the Tenth Lok Sabha on 9 July 1991, the Eleventh Lok Sabha on 22 May 1996, the Twelfth Lok Sabha on 23 March 1998, the Thirteenth Lok Sabha on 20 October 1999 and Fourteenth Lok Sabha on 2 June, 2004.

Role and Functions Of Indian Parliament:5

The Indian Parliament has become subject to severe criticism in recent weeks and years.

Frequent disturbances by its members causing disruption of proceedings and heated exchanges between them forcing adjournments for several hours and even days at a stretch, have become a rule rather than an exception. Even essential Bills have not been moved; many are passed without debate and several hours of Parliament are lost without any transaction. The atmosphere in Parliament, directly watched on television is remembered not for some outstanding speeches, which do take place, but for frequent unruly scenes and crowding of the well of either two Houses by members. In fact, the reputation of Parliament has declined

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so drastically in the opinion of some critics, that the demand for the service rule of no work, no pay being adopted for members is worth a consideration. Let us remember that Indian Parliament is a creation of the Constitution and not a growth over centuries as in Britain. It has prescribed role and functions written into the Constitution. In the course of six decades since its framing, one can perceive a number of changes in the overall performance of Parliament that reflect changes in the political climate in the country. Parliament is a mirror of the society and a replica of the political culture prevailing in the country. What happens in Parliament is the audio-visual expression of the thoughts and moods prevailing outside it. Political experience since independence helps people to become increasingly of public affairs, governance, administration, political parties, other political organs and institutions, elections, etc., and as a result their expectations from parliamentarians inside and outside change, along with their assessment of the performance of Parliament and its members. Parliament members are not mere political functionaries having a fixed set of political responsibilities in policy and law making, but have to bear a wider social responsibility towards the people of the nation. The health of the polity depends on how well this obligation is discharged by the members of Parliament. This is linked with the caliber of members and the standing of the parties. While the institution of Parliament has come into existence mainly as a supreme law-making body, in the course of history, it has accumulated many more functions in all democracies, including India. Thus, in assessing its role, it is crucial to take into account its multifarious functions and its overall impact. For, by activism within Parliament and taking a negative role also, it has been possible for Parliament to stall what it considers as anti-people policy. Direct verbal and non-verbal confrontation in Parliament is partly a result of an absence of prior discussions among parties or an attempt to accommodate the others point of view. A certain consensus among different parties is necessary for the smooth functioning of any Government. A Parliament consisting of members subscribing to totally antagonistic views prevailing in the society can hardly play a constructive role. It will promote the vicious number game and the politics of majority. A major function of Parliament is the control of the Executive. The legislature is said to be the watchdog of the government, and the forum before which the executive shall answer for its actions. It is in discharging this role, that Parliament is facing difficulties. Former Prime Minister, Vajpayee, had many times referred to this role of Parliament, and even lamented the failure of democracy.

Various mechanisms such as budget discussions, cut motions, question hour, adjournment motions, calling attention, no-confidence motions, and raising discussions on various subjects are available to Parliament to control the executive. Every member has a right to use these instruments according to parliamentary procedure. A point in case is the Public Accounts Committee, which examines the report of the Comptroller and Auditor-General and is headed by a member of the Opposition in the Lok Sabha. It is one of the main instrumentalities of Parliament to hold the executive accountable for the expenditure incurred by the Government. And, in recent times it has become very active in the context of exposure of several scams. Additionally, the quality of debates depends on the quality of members and their capacity to deliberate on issues. The quality of members rests on the choice of political parties fielding candidates. Winning an election does not depend on a candidates ability to be a good parliamentarian, that is, possessing knowledge, ability, and sensitivity to understand and debate issues with conviction. Rather, it requires the infamous three Ms money, muscle power, and mafia according to many analysts. Criminal background of some candidates and even elected members is an open secret tarnishing the image of political career itself in India. As a result, there are ideal parliamentarians who cannot win in any territorial constituency, and there are incompetent MPs whose seats are safe. Thus, in the first place, one may draw a conclusion that there are only a few members, who are competent parliamentarians, the rest being yes men/women for their parties. Many of the complex issues that come before Parliament require sound knowledge of the subject matter and invariably fail to interest the average members. This is one reason for heavy absenteeism in Parliament unless crucial issues with potential to affect the credibility and survival of the government are under discussion. These yes members are in many cases the pillars of their parties providing funds, manpower, and vote banks. This situation has also public support in the fact that for most people, MPs and MLAs are not law-makers and public servants with tremendous social responsibility, but are possible sources of power and patronage to be cultivated in their own interest. They approach them for getting extra-legal influence or help. Public relations in political dictionary has, in fact, come to signify distribution of favours and these do not come free. Thus, people play a substantial role in encouraging political corruption. However, there are certainly exceptions in this vicious atmosphere. For the members, the MPLAD Scheme (Members of Parliament Local Area Development Scheme) opens opportunities for extending patronage and increasing their local popularity.

The scheme gives scope for the parliamentarians to develop undue interest in works that properly belong to various departments. No wonder, a group of MPs have recently demanded absolute freedom in spending the funds allotted under this scheme. Unlike the MPs of the 1950s and 1960s who were mostly engrossed in parliamentary work, the members in recent decades take extraordinary effort to nurse their constituencies and also groups of supporters to maintain their clout and ensure re-election. Keeping close contact with the constituency is not an unwelcome development provided it is not mixed with undue patron-client relationship. The members have a far greater role to play to ensure Indias parliamentary democracy remains vibrant. The Indian Parliament is an expression of the faith that the people of India have in principles of democracy. These are participation by people in the decision making process and government by consent. The Parliament in our system has immense powers because it is the representative of the people. Elections to the Parliament are held in a similar manner as they are for the state legislature. The Lok Sabha is usually elected once every five years. The country is divided into numerous constituencies. Each of these constituencies elects one person to the Parliament. The candidates who contest elections usually belong to different political parties. Once elected, these candidates become Members of Parliament or MPs. These MPs together make up the Parliament.

Parliament of India is a multi-functional institution performing a variety of roles that are

inter-related and often meshing into one another. Some of the cardinal roles and functions of the Parliament may be described as follows: To form or end the Government To represent the Electorate To legislate To hold the government accountable for its actions To monitor the expenditure of public funds To be a forum for debate To be a forum for the expression of grievances

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To call for information To Form or To End Government :The Indian Parliament, like all parliamentary democracies, forms the government. This is particularly due to the fusion of powers between the legislative and the executive branches of the Government. Members of Parliament, from the largest party in the Lok Sabha or of late from the largest coalition, form the Government at the centre. At the same time if the ruling party loses the support of the majority of the members of the House, its Government goes. No grounds, arguments, proofs or justifications are necessary. When the House clearly and conclusively pronounces that the government of the day does not command its support, it must resign. 7The Parliament in India consists of the President, the Rajya Sabha and the Lok Sabha. After the Lok Sabha elections, a list is prepared showing how many MPs belong to each political party. For a political party to form the government, they must have a majority of elected MPs. Since there are 543 elected (plus 2 nominated) members in Lok Sabha, to have a majority a party should have at least half the number i.e. 272 members or more. The Opposition in Parliament is formed by all the political parties that oppose the majority party/coalition formed. The largest amongst these parties is called the Opposition party. One of the most important functions of the Lok Sabha is to select the executive. The executive is a group of persons who work together to implement the laws made by the Parliament. The Prime Minister of India is the leader of the ruling party in the Lok Sabha. From the MPs who belong to her party, the Prime Minister selects ministers to work with her to implement decisions. These ministers then take charge of different areas of government functioning like health, education, finance etc. The Rajya Sabha functions primarily as the representative of the states of India in the Parliament. The Rajya Sabha can also initiate legislation and a bill is required to pas through the Rajya Sabha in order to become a law. It, therefore, has an important role of reviewing and altering (if alterations are needed) the laws initiated by the Lok Sabha. The members of

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the Rajya Sabha are elected by the elected members of the Legislative Assemblies of various states. There are 233 elected members plus 12 members nominated by the President.

Representation of the Electorate:The primary function of the Parliament is to represent the people. It is the supreme forum through which people seek to realise their aspirations, urges and expectations. The Members of Parliament are the elected representatives of the people and they act as the chief communication channel between the people, Parliament and the Government. Multiplicity of political parties in Parliament represents the multi-cultural and plural society of India. Legislation:The process of legislating, making laws is the most basic day-to-day function of parliament. Under Articles 245 and 246 Parliament can make laws for the whole or any part of India within its area of competence as defined and delimited under the distribution of legislative powers between the Union and the States vide the Seventh Schedule. In regard to the Union List, the Parliament`s jurisdiction is exclusive. Both the Union and the States have concurrent power to legislate in respect of entries in the concurrent list. In case of conflict between the Union and the State laws, the former prevails. Parliament may by law change the name, the boundaries, area etc. of the States or establish new States, increase the number of judges of the Supreme Court or establish additional courts. Governmental Accountability:Under our system, after a policy is laid down, a law is passed or money is sanctioned, it is the administration which is required to execute and implement. Since Parliament embodies the will of the people, it must be able to oversee the way in which public policy is carried out so as to ensure that it keeps in step with the objectives of socio-economic progress, efficient administration and aspirations of the people as a whole. The various procedural devices like the system of Parliamentary Committees, Questions, Calling Attention Notices, Half-an-Hour discussions, etc. through which the Parliament gets informed, also constitute very potent instruments for effecting parliamentary surveillance over administrative action. Significant occasions for the review of administration are

provided by the discussions on the Motion of Thanks on the President`s Address, the Budget demands, and particular aspects of governmental policy or situations. These apart, specific matters may be discussed through motions on matters of urgent public importance, private members` resolutions and other substantive motions. Monitoring the Expenditure of Public Funds:Parliamentary control over public finance - the power to levy or modify taxes and the voting of supplies and grants - is one of the most important checks against the Executive assuming arbitrary powers. No taxes can be legally levied and no expenditure incurred from the public exchequer without specific parliamentary authorization by law (articles 114 116 and 265). The Constitution of India also provides for an annual statement of the estimated receipts and expenditure-budget-to be placed before Parliament. Other means by which Parliament exercises control over the public exchequer is through Public Accounts Committee, Committee on Public Undertakings, Estimates Committee and the Report of the Comptroller and Auditor General of India.

A Forum for Debate:During debate and discussion on legislative proposals or Finance Bills, motion to consider and approve government policies, motion of thanks on the President`s Address, Budget, etc. members are free to express themselves and to say what is good for the country and what modifications in the existing policy are required. A Forum for Expression of Grievances Parliament acts as a forum for ventilation of the grievances of the people, their difficulties and their passions, anxieties and frustrations. Various grievances, needs and aspirations of the people are discussed in the Parliament and necessary legislation is taken up in this regard. In recent decades, emphasis has shifted more and more representational and grievance ventilation role of the Parliament. It is the peoples` institution par excellence. Informational Role:Information is vital to Parliament. It is the first essential requisite for effective discharge of any of its functions. To call for information is perhaps the greatest power of the Parliament. Parliament`s right to be informed is unlimited except that if divulging of certain information is likely to prejudice vital national interest or the security of the State, it may not be insisted

upon. So far as the activities of the Government are concerned, it is the duty of the Government itself to feed the Parliament with information which is full, truthful, and precise and supplied in time. Other Functions:Besides, Parliament exercises multifarious functions, for example, in matters like the amendment of the Constitution, the impeachment of the President, removal of Supreme Court and High Court judges, Comptroller and Auditor General, Chief Election Commissioner, Presiding Officers of the two Houses etc.

The role and functions of Parliament assume great significance in view of the basic

principles and assumptions associated with parliamentary democracy. A parliamentary form of government acknowledges the fact that in this system, Parliament derives its power directly from the consent of the people expressed through periodic elections and that it exists to implement the will of the people. The parliamentary system also ensures the best possible participatory democratic system and active interaction between the people and their representatives. In this system, the Executive not only emanates from Parliament but is also accountable to Parliament for all its acts of omission and commission. This accountability of the Executive to Parliament is based on the principle that since Parliament represents the will of the people, it should be able to oversee and keep the Executive under control and constant surveillance.

The role of Parliaments around the globe has transformed tremendously over the years. It is

no more confined to enacting legislation only. Parliaments have now become multi-functional institutions. The Parliament of India is a depository of varied functions as delineated by the Constitution and, obviously, also of those powers and functions which inherently and conventionally rest with Parliaments. Like other Parliaments, our Parliament has also emerged as a multi-functional institution. It is the political nerve centre of the country, acting as a mirror of the society, accommodating the needs of changing times, shouldering responsibilities and engaging itself fully in the process of running our parliamentary polity.

SAYEED, P.M.: Parliament A Multi-Functional Institution in Fifty Years of Indian Parliament by G.C. Malhotra. New Delhi, Lok Sabha Secretariat, 1992. p.24.

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Parliament now performs a variety of functions. Some of the cardinal roles and functions of Parliament are: ensuring Executive accountability, law making, control over the Budget, constituent functions, representational role, educational role, informational functions, training and recruitment of leadership, besides other miscellaneous functions. The main function of both the Houses is to make laws. Every Bill has to be passed by both the Houses and assented to by the President before it becomes law. The subjects over which Parliament can legislate are the subjects mentioned under the Union List in the Seventh Schedule of the Constitution of India. Broadly speaking, Union subjects are those important subjects which for reasons of convenience, efficiency and security are administered on alllndia basis. The principal Union subjects are defence, foreign affairs, railways, insurance, communications, currency and coinage, banking, income tax, customs, excise duties, atomic energy, census, etc. Apart from the wide range of subjects allotted to it in the Seventh Schedule of the Constitution, even in normal times Parliament can, under certain circumstances, assume legislative power over a subject falling within the sphere exclusively reserved for the States. Further, in times of grave emergency when the security of India or any part thereof is threatened by war or external aggression or armed rebellion, and a Proclamation of Emergency is made by the President, Parliament acquires the power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. Similarly, in the event of the failure of the constitutional machinery in a State, the powers of the Legislature of that State become exercisable by or under the authority of Parliament. This apart, the Constitution also vests in the Parliament the constituent power or the power to initiate amendment of the Constitution. Besides passing laws, Parliament can by means of resolutions, motions for adjournment, discussions, questions addressed by members to Ministers, system of committees, etc., exercise control over the administration of the country and safeguard people's liberties.

For Parliament, it is of the utmost importance constantly to review and refurbish its

structural-functional requirements and from time to time to consider renewing and reforming the entire gamut of its operational procedures to guard against putrefaction and decay. The case for reforming Parliament is unexceptionable and, in a sense, has always been so. The
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real question is of how much and what to change to strengthen and improve the system. We have to be clear about the precise need, the direction and the extent of the reforms that would be desirable at present. It is obvious that mere tinkering first-aid repairs and trifling cosmetic adjustments would not anymore be enough. What is needed is a full-scale review. We have to be prepared for fundamental institutional - structural, functional, procedural and organisational - changes. The overriding guiding norm and purpose of all parliamentary reforms should be to make both Government and Parliament more relevant to meet the challenges of the times and the changing national needs in the context of the objective of faster economic growth. The main function of both the Houses is to pass laws. Every Bill has to be passed by both the Houses and assented to by the President before it becomes law. The Parliament can legislate only over the subjects mentioned under the Union List, in the Seventh Schedule to the Constitution of India. Union subjects are those important subjects which for reasons of convenience, efficiency and security, are administered on all-India basis. Besides passing laws, Parliament can, by means of resolutions, motions for adjournment, discussions and questions addressed by members, exercise control over the administration of the country and Safeguard peoples liberty.

Powers And Importance Of Parliament:11

Like other parliamentary democracies in the world, the Parliament of India has the cardinal

functions of legislation, overseeing of administration, passing of budget, ventilation of public grievances and discussing various subjects like development plans, international relations and national policies. The distribution of powers between the Union and the states, followed as per the constitution, emphasizes in many ways the general predominance of the Parliament in the legislative field. Apart from a wide range of subjects, even in normal times, Parliament can, under certain circumstances, assume legislative power, falling within the sphere exclusively reserved for the states. Parliament is also vested with powers to impeach the President and to impeach the judges of the Supreme Court and High Courts, the Chief Election Commissioner and Comptroller and Auditor General in accordance with procedure laid down in the constitution.


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All legislation requires consent of both the Houses of Parliament. In the case of money bills, however, the will of the Lok Sabha prevails. Delegated legislation is also subject to review and control y Parliament. Besides the power to legislate, the constitution vests in Parliament the power to initiate amendment of the constitution. The functions of Parliament are not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot make very detailed scrutiny of all legislative and other matters that come up before it. A good deal of its business is, therefore, transacted in committees. Both Houses of Parliament have a similar committee structure, with a few exceptions. Their appointment, terms of office, functions and procedure of conducting business, are also more or less, similar and are regulated under rules made by the two Houses under Article 118(1) of the constitution. Broadly, parliamentary committees are of two kinds standing committees and ad hoc committees. The former are elected or appointed every year or periodically and their work goes on, more or less on a continuous basis. The latter are appointed on an ad hoc basis as need arises and they cease to exist as soon as they complete the work assigned to them Standing Committees : Among standing committees three financial committees Committee on Estimates, Public accounts and Public Undertakings constitute a distinct group and they keep an unremitting vigil on Government expenditure and performance. While members of the Rajya Sabha are associated with committees on Public Accounts and Public Undertakings, members of the Committee on Estimates are drawn entirely from the Lok Sabha. The Estimates Committee reports on what economies, improvements in organisation, efficiency or administrative reform consistent with policy underlying the estimates may be affected. It also examines whether the money is well laid out within the policy limits implied in the estimates and suggests the form in which estimates shall be presented to the Parliament. The Public Accounts Committee scrutinises appropriation and finance accounts of Government and reports of the Comptroller and Auditor General. It ensures that public money is spent in accordance with Parliaments decision. It calls attention to cases of waste, extravagance, loss or nugatory expenditure. The Committee on Public Undertakings examines the reports of the Comptroller and Auditor General if any. It also examines whether Public Undertakings are being run efficiently and managed in accordance with sound business principles and prudent commercial practices. The control exercised by these committees is of a continuous nature. They gather information through questionaires ,

memoranda from representative non-official organisations and knowledgeable individuals, on-the-spot studies of organisations and oral examination of non-official and official witnesses. Between themselves, the financial committees examine and report on a fairly large area of multifarious activities of the Government of India. Legislative Powers The Parliament has the right to frame laws for the whole of the country. It can frame laws on the subject mentioned in the union list & concurrent list. Under certain special circumstances the Parliament gets the right to frame laws on the subjects-mentioned in the State List. The Parliament frames laws on State subjects for Union territories. The Rajyasabha can transfer a State subject in favor of the centre for the purpose of making laws. In case of the proclamation of emergency by the President the Parliament can legislate on State subjects. The power to legislate on residue subjects also vests with the Parliament. The Bill is sent to the-President after it is passed by both the Houses. Excepting the money Bill he can give his assent & make use of his veto powers. If the Parliament passes that Bill for the second time then the President' is bound to give his assent to that Bill.

The Parliament of the Union Government is competent to legislate on all matters that are

enumerated in the Union List and the Concurrent List of the Constitution. In the Concurrent List, the Parliament and the State Legislatures have joint jurisdiction. However, in case of conflict over any law made under the Concurrent List, the Union Law will prevail upon the State Law provided the State Law has not received the earlier assent of the President. The Union Parliament is also competent to make law over the State List under the following circumstances:(i) When the proclamation of Emergency is in operation the Parliament can make law in any item included in the State List. In case of the declaration of President's Rule in any State under Article 356 of the Constitution, the Parliament is competent to legislate on any matter included in the State List (Article 250). (ii) In normal times when Rajya Sabha passes a resolution by two-thirds majority of its members present and voting that it is necessary in the national interest that Parliament should make law with regard to any matter enumerated in the State List, then Parliament is competent to make law in that matter for the whole or any part of India (Article 249).

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(iii) The Parliament is competent to legislate on any matter pertaining to the State List if such legislation is deemed necessary for the implementation of international treaties or agreements concluded with foreign States (Article 253). (iv) If the legislatures of two or more States pass a resolution to the effect that it is desirable to have a parliamentary law in any matter in the State List, then the Parliament can make law for those States (Article 252). Except in the above-mentioned occasions, the Parliament of India is not competent to make law in the State List. If at any time, the Parliament encroaches upon the rights of the States, the Supreme Court can prevent such encroachment of the Parliament through its power of Judicial Review. The Parliament must make law in accordance with the provisions of the Constitution.

Parliaments Legislative Power to Make Laws for the States:If Rajya Sabha passes a resolution supported by two-thirds of the members present and voting declaring that it is necessary and expedient in National interest that Parliament should make laws with respect to any matter In the State List specified in the resolution, Parliament can make laws with respect to that matter. Art.249

When a Proclamation of Emergency is in operation, Parliament shall Have power to make laws for the whole or any part of the territory of India With respect to any of the matters in the State list. Art.250

Parliament can make a law in respect of a matter mentioned in the State List at the instance of two or more states. But such states Legislature must have passed a resolution that such matter must be regulated by an Act of Parliament. If the States Legislature is bicameral, then both Houses should have passed the resolution. Any other State which desires to adopt the Act made by Parliament can do so by passing a resolution to that effect in its Legislature, Art.252

A law made by Parliament to implement any international treaty, agreement or convention cannot be invalidated on the ground that it intrudes into the domain of State Legislature. Art.253. But, such law made in pursuance of Art.253 cannot override, for example, the Fundamental Rights.

In respect of matters contained in the Concurrent List, both the union and the States can exercise concurrent legislative power. The question then would be: If there be conflict between the Central law and the State law, 19 which law should prevail? To seek the answer, we should turn to Art.254Inconsistency between laws made by Parliament and the laws made by the Legislature of States. To invoke Art.254, it must be shown that both the Central law and the State Law occupy the same field with respect to the some matter enumerated in the concurrent list. Or, the repugnancy is between the provisions of subsequent law and those of an existing law in respect of a specified matter in the Concurrent List. Art.256(1) declares that in case of conflict between Union law and State Law, the former prevails. Clause (2) of Art.256 carves out an exception to the rule laid down in clause (1). If any provision of the State made law with respect to a matter specified in the Concurrent List is repugnant to the provision of an earlier law made by Parliament or an existing law with respect to that matter, then the State law shall prevail in the state if it has been reserved for the consideration of the President and has received his assent. But, in the light of the Proviso to clause(2), referred to above, the States victory may be a temporary one because the proviso enables Parliament to supersede a state Legislation which has received the Presidents assent by enacting a law on the same subject matter. Parliament, under Art.247, is invested with power to establish additional courts for the better administration of laws made by Parliament or any existing laws with respect to matter enumerated in the union list. Parliament also enjoys Residuary Powers of Legislation. Art.248 declares; Parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent List or State List

Financial Power The Parliament controls the finances of the State. The Government places the budget before the start of the financial year. The Parliament discusses the budget & gives its assent to the Bill. The Government can neither impose any tax upon the public nor can it spend the money without the approval of the' Parliament. The President will have to give his assent to the Money Bill passed by, the Parliament.

In the financial domain the Parliament is the supreme authority. Not a single paisa can be

spent by the Executive without parliamentary sanction. The budget is annually prepared by the Cabinet and it is submitted for the approval of the Parliament. The Parliament also approves all proposals of the Union Government to impose taxes. Money Bills can originate only in the Lok Sabha. After they have been passed by the Lok Sabha, they are sent to the Rajya Sabha for approval. Within 14 days the Rajya Sabha is expected to give its consent. Thus the power of the Rajya Sabha is limited with regards to money Bills. Further, to keep a vigil on the way the Executive spends the money granted by the legislature, there are two Standing Committees of the Parliament. They are the Public Accounts Committee and the Estimates Committee. These two Committees exercise legislative control over the Executive on behalf of the Parliament. There are certain items of expenditure included in the Budget which are not votable in the Parliament. These items include salary of the President, the Judges of the Supreme Court, and the members of the Union Public Service Commission etc. They are charged from the Consolidated Fund of India. In the Financial Sphere, Parliament enjoys the supreme authority. No tax can be imposed without the authority of law. Executive cannot spend any money without Parliament sanction. Executive has to prepare Annual Budgets and seek Parliaments approval. As stated earlier, Money Bills can originate only in Lok Sabha. Two Standing Committees namely the public accounts committee and the Estimates committee keep a watch over the ways the Executive spends the money sanctioned by Parliament. Other Powers:-


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Parliament has judicial power of impeachment of President, Vice-President and

Supreme Court Judges. In England Parliament i.e, the House of Lords act as the highest court of appeal. In India, members of the Parliament participate in the election of President. Members of the lower house elect members of the upper house. Parliament has power to make laws but the laws but the laws are executed by the execution of headed by the Ministries which are again a part of Parliament. The Judiciary punishes the transgressors of the law, but the Parliament has the power to impeach the judges of the Supreme Court. Control over the Executive The Parliament controls the executive in the following ways: 1. The Prime Minister & the other ministers are taken from the Parliament & after becoming ministers they remain the members of the Parliament. They participate in the meetings of the Parliament. 2. The ministers are responsible to the Parliament for their actions & policies. 3. The members of the Parliament can ask the ministers questions regarding the functioning of the administration. The ministers are to give a satisfactory reply to all these questions. 4. The members of the Parliament by introducing "Adjournment Motion" can invite the attention of the Government to a serious problem or event. 5. During discussion on budget the members of the Parliament discuss the working of different departments of the Government & criticize the policies of the Government. 6. The Cabinet continues to remain in office according to the wishes of the Lok Sabha. It can seek the removal of the Cabinet by passing a no confidence motion against or by rejecting an important Government Bill & by passing a resolution for reducing the salary of a particular minister. Through Questions, Supplementary Questions, Adjournment Motions, No-confidence Motions, Parliament seeksto exercise control over the Executive. Committee on Ministerial Assurances constituted by Parliament seeks to ensure that the assurances made by the Ministries to Parliament are fulfilled. Judicial Powers The Parliament exercises some judicial powers also.

Dr S.R.MYNENI, political science for law students 399-400 (2012)

1. The Parliament can remove the President from office through impeachment. 2. The parliament can also remove the Vice-President from office. 3. The parliament can remove the judges of the High Courts and Supreme Court by passing a resolution to the effect. 4. The parliament can extend or reduce the jurisdiction of the Supreme Court. Electoral Powers: 1. The elected members of the Parliament participate in the election of the President. 2. The Vice-President is elected by the members of both the Houses of Parliament. Amendment of the Constitution Parliament plays a major role in the amendment of the constitution. Major portions of the constitution can be amended by the parliament alone by a simple or two thirds majority. In some important matters the amendment proposals after being passed by the parliament are to be sent for the approval of Legislatures of the states. The states cannot introduce a resolution of amendment of the constitution. Miscellaneous Powers: 1. The Parliament can create new state or change the boundary of the state by the procedure of law. 2. The Parliament has the power to ratify treaties. 3. The Parliament has the power to create or abolish Legislative Council. But the recommendation should come from the Legislative Assembly. The Indian Parliament enjoys vast powers and it is a very important institution. It represents the entire nation. The laws framed by it are enforced in the whole of the state. But the Indian Parliament is not a supreme, sovereign body. The Indian Parliament is less powerful than the British Parliament. Importance of Parliament We in India pride ourselves on being a democracy. There is relation between the ideas of participation in decision-making and the need for all democratic governments to have the consent of their citizens. It is these elements that together make us a democracy and this is best expressed in the institution of the Parliament. Parliament enables citizens of India to participate in decision

making and control the government, thus making it the most important symbol of Indian democracy and a key feature of the Constitution. People Power India became independent on 15 August 1947. Many sections of society participated in the struggle. People from various backgrounds joined the struggle and they were inspired by the ideas of freedom, equality and participation in decision making. Under colonial rule, the people had lived in fear of the British government and did not agree with many of the decisions that they took. But they faced grave danger if they tried to criticise these decisions. The freedom movement changed this situation. The nationalists began to openly criticise the British government and make demands. As far back as 1885, the Indian National Congress demanded that there be elected members in the legislature with a right to discuss the budget and ask questions. The Government of India Act 1909, allowed for some elected representation. The dreams and aspirations of the freedom struggle were made concrete in the Constitution of independent India that laid down the principle of universal adult franchise, i.e. that all adult citizens of the country have the right to vote. People and their Representatives The take-off point for a democracy is the idea of consent, i.e. the desire, approval and participation of people. It is the decision of people that creates a democratic government and decides about its functioning. The basic idea in this kind of democracy is that the individual or the citizen is the most important person and that in principle the government as well as other public institutions needs to have the trust of these citizens. People elect their representatives to the Parliament, then, one group from among these elected representatives forms the government. The Parliament, which is made up of all representatives together, controls and guides the government. In this sense people, through their chosen representatives, form the government and also control it. Delegated Legislation:In Democratic Society committed to the establishment of a welfare State, no Legislature exercises a monopoly over the law-making activity, It has to necessarily share its Legislative power with the Executive and other administrative organs of the State. Delegated Legislation

is a technique to relieve pressure on legislatures time so that it can concentrate on principles and formulation of policies. Delegated Legislation, also referred to as Subordinate Legislation, means the exercise of law-making power by a body which is subordinate to The Legislature. In India, Rules, Regulations, Notifications, Notified Orders, Orders, ByeLaws-all denote Delegated Legislation.

Opening of Parliament by president:15

Article 87(1) of the Constitution provides: "At the commencement of the first session

after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons." In the case of the first session after each general election to Lok Sabha, the President addresses both Houses of Parliament assembled together after the Members have made and subscribed the oath or affirmation and the Speaker has been elected. It takes generally two days to complete these preliminaries. No other business is transacted till the President has addressed both Houses of Parliament assembled together and informed Parliament of the causes of its summons. In the case of the first session of each year, the President addresses both Houses of Parliament at the time and date notified for the commencement of the session of both the Houses of Parliament. Half-an-hour after the conclusion of the Address, both the Houses meet separately in their respective Chambers when a copy of the Presidents Address is laid on the Table and brought on the record of each House. No separate summons for the Presidents Address are issued to members. They are informed of the date, time and place fixed for the Presidents Address through a Parliamentary Bulletin. At the time fixed for the Presidents Address, Members of both Houses of Parliament assemble together in the Central Hall of the Parliament House where the President delivers his Address. New members who have not already made and subscribed the oath or affirmation are admitted to the Central Hall on the occasion of the Presidents Address on

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production of either the certificate of election granted to them by the Returning Officer or the summons for the session issued to them. In the Central Hall, Prime Minister, Cabinet Ministers, Deputy Speaker, Lok Sabha and Deputy Chairman, Rajya Sabha are allotted seats in the first row. Other Ministers are also allotted a block of seats. The Leaders of the Opposition in Lok Sabha and in Rajya Sabha are allotted seats in the first row. Leaders of other Parties/Groups in both the Houses are also allotted suitable seats. Members of Panel of Chairmen and Chairmen of Parliamentary Committees are allotted seats in the second row. The Members are free to occupy other seats which are not allotted/earmarked. The Presidents Address to both the Houses of Parliament assembled together is a solemn and formal act under the Constitution. Utmost dignity and decorum befitting the occasion are maintained. Any action on the part of a Member which mars the occasion or creates disturbance is punishable by the House to which that Member belongs. Members are expected to take their seats five minutes before the President arrives in the Central Hall. The visitors, who are issued passes for this occasion, are also requested to be in their seats half-an-hour before the time fixed for the Presidents Address. It is a convention that no Member leaves the Central Hall while the President is addressing. The President arrives at the Parliament House (North West portico) in the State Coach or in the car and is received at the Gate by the Chairman, Rajya Sabha, the Prime Minister, the Speaker, Lok Sabha, Minister of Parliamentary Affairs and Secretaries-General of the two Houses. The President is conducted to the Central Hall in a procession. On the passage from the Gate to the Central Hall from where theprocession passes, red baize cloth is spread. Just when the procession enters the gangway of the Central Hall, the Marshal who has taken his position at the dais, announces the arrival of the President by saying [Honble Members, Honble the President] Almost simultaneously two trumpeters positioned in the Gallery above the dais sound the fanfare till the President arrives at the dais. Thereupon, Members rise in their places and remain standing until the President has taken his seat on the dais. On reaching the floor of Central Hall in front of the dais, the procession bifurcates; the President, the Chairman of Rajya Sabha and the Speaker of Lok Sabha move towards their seats on the dais the Chairman to the right and the Speaker to the left of the President who occupies the middle seat. The Secretaries-General and other Officers in the procession move

towards the chairs placed for them in the pit of the Central Hall on either side of the dais. When President reaches his seat on the dais, a band positioned in the Lobby of the Central Hall to the right of the President, plays the National Anthem during which time everyone remains standing. Thereafter, as the President takes his seat, Presiding Officers and Members resume their seats. The President then addresses the Members in Hindi or English. The other version of the Address is read out by the Chairman of the Rajya Sabha. After the conclusion of the Address, the President rises in his seat followed by the members when the National Anthem is played again. The President, thereafter, leaves the Central Hall in a procession which is formed in the same manner as at the time of his arrival. The members remain standing till the procession leaves the Central Hall. On reaching the gate, the President takes leave of the Chairman, Rajya Sabha, the Prime Minister, the Speaker, Lok Sabha and Minister of Parliamentary Affairs. The Secretaries-General of the two Houses are also present at the occasion. Thereafter, the President leaves for the Rashtrapati Bhawan.

Conclusion:After reading this unit, we have come to know how the Parliament of India is constituted and what are its powers and functions. The Parliament of India consists of two houses - the Lok Sabha and the Rajya Sabha. Between the two houses. The Lok Sabha is more powerful than the Rajya Sabha as it has complete control over the finances of the country and the Council of Ministers is collectively responsible to it for its activities. However, the importance of the Rajya Sabha can not be ignored as it is a permanent house. The President of India can not dissolve it. While we can legitimately proud of the reasonably successful working of Parliament during the last five decades, Parliament is relevant only as a dynamic institution ever adjusting its functions and procedures to the changing needs of the times. If democracy

and freedom are to endure, if representative institutions are to be made impregnable and if the new economic reforms and an all round effort at liberalisation are to bear fruits, it is essential to restore to Parliament and its Members their traditional esteem and honour in the affections of the people. Reforming the Parliament in essential respects is already a categorical imperative. An integrated approach to political and economic systems reforms is necessary. No single reform can provide a miracle cure. Also, parliamentary reforms cannot be affected in a hurry. We must proceed with care and caution and begin by setting up a Parliamentary Reforms Commission or a Study of Parliament Group outside parliament as was done in U.K. before the procedural reforms. Finally, of course, the Rules committee or a Special Procedure Committee of the House should report on the matter. After reading the various aspects of topic powers and importance of Indian Parliament the project is summed up. In summing up the researcher through his research has analysed the powers, role, importance of Indian Parliament.