The Parliament is the primary law-making body of the Government of India, responsible for framing laws and overseeing governance. India has a bicameral legislature consisting of The President of India, Rajya Sabha (Council of States - the Upper House) and Lok Sabha (House of the People - the Lower House). It discusses, debates, and decides on key matters such as policies, laws, budget allocations, and governance issues affecting the country. While the Rajya Sabha represents the states and union territories, the Lok Sabha represents the citizens of India directly through elected members.
Parliament of India
The Parliament of India serves as the nation’s supreme legislative authority, holding the central role in law-making and governance. It follows the British Westminster model and functions as a bicameral legislature, meaning it consists of two separate houses, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
In addition to these two houses, the President of India is considered an essential part of the Parliament, with the power to summon sessions, give assent to bills, and dissolve the Lok Sabha. Together, these three components work to draft, debate, and pass legislation, approve the national budget, and ensure accountability of the executive to the legislature. This structure allows for a representative and balanced system of governance across different regions and population groups in the country.
Functions of Parliament
The Parliament of India, as the apex legislative body, holds a pivotal role in the country’s political and administrative framework. The Constitution outlines a wide range of powers, responsibilities, and functions assigned to Parliament, shaping the way governance operates in India. Broadly, these Functions of Parliament can be grouped under several key categories.
- Legislative Functions: Makes, amends, and repeals laws for the country.
- Executive Functions: Holds the executive (Council of Ministers) accountable through questions, debates, motions, and discussions.
- Financial Functions: Approves the Union Budget, authorizes taxation and public expenditure, and scrutinizes government spending.
- Constituent Functions: Has the power to amend the Constitution under Article 368.
- Judicial Functions: Can impeach the President, remove judges of the Supreme Court and High Courts, and punish members for breach of privilege.
- Electoral Functions: Participates in the election of the President and Vice-President of India.
- Other Functions: Discusses and debates national issues, raises matters of public concern, and shapes public policy.
Legislative Functions of Parliament
- The Parliament legislates on all matters listed in the Union List and the Concurrent List.
- In case of a conflict on matters in the Concurrent List, the union law prevails unless the state law had received prior Presidential assent. However, Parliament can amend or repeal such state law at any time.
- Parliament can also legislate on matters in the State List under certain conditions:
- During Emergency or President’s Rule (Article 356): Parliament can make laws on State List subjects if an emergency is in force or a state is under President’s Rule.
- Under Article 249: If the Rajya Sabha passes a resolution with a two-thirds majority of members present and voting, stating it is necessary in the national interest, Parliament can legislate on State List items.
- Under Article 253: Parliament can make laws on State subjects to implement international treaties, agreements, or conventions.
- Under Article 252: If two or more state legislatures pass a resolution requesting a law on a State List subject, Parliament can make that law applicable only to those states. Other states can adopt it later.
Executive Functions (Control over the Executive) of Parliament
- In the parliamentary system, the executive is accountable to the legislature, meaning the Parliament has multiple tools to control and supervise the government.
- No-Confidence Motion: If the Parliament passes this motion, the Cabinet must resign. It’s a direct way to remove a government from power.
- Question Hour: MPs can question ministers about government actions or failures. This keeps the executive transparent and accountable.
- Adjournment Motion: Used only in the Lok Sabha, this motion halts normal proceedings to discuss a recent issue of urgent national importance.
- Committee on Ministerial Assurances: This committee monitors whether ministers fulfill promises made on the floor of the House.
- Censure Motion: Moved by the opposition in the Lok Sabha to criticize and disapprove of specific government policies. While it doesn’t force resignation, the government must prove it still has the House’s confidence.
- Cut Motion: This allows MPs to oppose any demand for grants in the budget. It can lead to debates or reductions in government expenditure proposals.
Financial Function of Parliament
- Financial Control: Parliament holds the power of the purse. The Executive cannot spend any money without its approval.
- Union Budget: The annual budget, prepared by the Cabinet, must be passed by Parliament before any funds can be allocated or spent.
- Taxation Authority: No new tax can be levied or collected without Parliament’s consent.
- Parliamentary Committees: Two key standing committees, the Public Accounts Committee and the Estimates Committee monitor government spending and ensure accountability.
Amending Powers of Parliament
- Power to Amend: Parliament holds the authority to amend the Constitution of India under Article 368.
- Equal Role of Both Houses: Both the Lok Sabha and Rajya Sabha play an equal role in the amendment process.
- Procedure: A constitutional amendment must be passed by a special majority in both Houses to become effective.
Electoral Functions of Parliament
- Election of President and Vice President: Parliament participates in the election process for both posts.
- Electoral College: The elected members of both Lok Sabha and Rajya Sabha are part of the electoral college that elects the President.
- Removal of President: The President can be removed through impeachment, a resolution must be passed by the Rajya Sabha and agreed to by the Lok Sabha.
Also Read: Difference between Lok Sabha and Rajya Sabha
Judicial Functions of Parliament
- Breach of Privilege: Parliament can take punitive action if any member breaches the privileges enjoyed by the House or its members.
- Privilege Motion: A member may move a privilege motion if they believe another member or minister has misrepresented or withheld key facts.
- Judicial Immunity: Legislative privileges are generally beyond the scope of judicial review in India.
- Punitive Powers: Parliament has the authority to punish its own members for misconduct or breach of privilege.
- Impeachment Powers: Parliament can initiate impeachment proceedings against the President, Vice President, judges of the Supreme Court and High Courts, and the Comptroller and Auditor-General.
Other Functions of Parliament
- Deliberation on Key Issues: Parliament discusses matters of national and international importance, often bringing in multiple perspectives.
- Role of Opposition: The opposition ensures alternate viewpoints are heard, keeping the ruling government accountable.
- ‘Nation in Miniature’: Parliament reflects the diversity of the country, representing different regions, communities, and political opinions.
- Debate Before Decisions: Before passing laws or resolutions, Parliament debates their implications, a key democratic function.
- Alteration of State Boundaries: Parliament has the power to change the boundaries or status of states and Union Territories.
Organ of Information: Ministers are obligated to answer questions and provide information in the House when asked by members.
Functions of Parliament FAQs
Q1: What are the main functions of the Indian Parliament?
Ans: The Parliament makes laws, approves budgets, controls the executive, amends the Constitution, and represents the public’s interests.
Q2: What is the legislative function of Parliament?
Ans: Parliament formulates, debates, and passes laws for the country on subjects in the Union and Concurrent Lists.
Q3: How does Parliament control the executive?
Ans: Through questions, debates, motions, and committees, Parliament holds the government accountable for its actions and decisions.
Q4: What is the financial function of Parliament?
Ans: Parliament approves the Union Budget, authorizes expenditure, and ensures government spending aligns with national interests.
Q5: How does Parliament amend the Constitution?
Ans: Parliament can amend the Constitution by passing a bill with a special majority in both Houses, sometimes requiring state ratification.