Multifunctional role of the parliament Flashcards
(24 cards)
Legislative Powers of Parliament
The Parliament has exclusive power to make laws on subjects in the Union List and can make laws on subjects in the State List under certain conditions (Article 245–246).
Legislation on State List Subjects
Parliament can make laws on subjects in the State List under the following circumstances:
\n1. When Rajya Sabha passes a resolution (Article 249).
\n2. During a National Emergency (Article 250).
\n3. When two or more states request Parliament (Article 252).
\n4. For implementing international agreements (Article 253).
\n5. During President’s Rule in a state (Article 356).
Power to Legislate on Residuary Subjects
Under Article 248, Parliament has the exclusive power to make laws on residuary subjects not enumerated in the Union or State List.
Power to Make Laws on Union and Concurrent Lists
-
Exclusive power over the Union List subjects.
\n2. Concurrent power over subjects in the Concurrent List, but central law prevails over state law in case of conflict (Article 254).
Ordinance-Making Power of the President
Under Article 123, the President can promulgate ordinances when Parliament is not in session, but they must be approved within six weeks of reconvening.
Parliament’s Role in Constitutional Amendment
Under Article 368, Parliament can amend the Constitution by a simple majority, special majority, or with state ratification, depending on the type of amendment.
Power to Make Laws for Union Territories
Under Article 239A, Parliament can make laws for Union Territories, including creating legislatures for them.
Delegated legislation
The parliament makes law in a skeleton form and authorises the executive to make detailed rules and regulations within the framework of the parent law
Executive Powers of Parliament
The executive is responsible to Parliament for its actions under the parliamentary system of government (Article 75 & 164).
Collective Responsibility
The Council of Ministers is collectively responsible to the Lok Sabha (Article 75). If the Lok Sabha passes a no-confidence motion, the entire ministry must resign.
Control Over Executive
Parliament exercises control over the executive through:\n1. Question Hour – Ministers must answer MPs’ questions.\n2. Zero Hour – MPs can raise urgent matters.\n3. Debates and Discussions – Parliament can discuss policies and failures.\n4. No-Confidence Motion – Lok Sabha can remove the government.\n5. Censure Motion – Parliament can criticize specific actions of the government.
Approval of Policies
Policies and actions of the government must be approved by Parliament through discussions and resolutions.
Budgetary Control
Parliament controls the executive’s financial activities by:\n1. Approving Demand for Grants.\n2. Passing the Appropriation Bill and Finance Bill.\n3. Scrutinizing government spending through Public Accounts Committee (PAC).
Parliamentary Committees
Committees like PAC, Estimates Committee, and Committee on Public Undertakings supervise executive actions and spending.
Rule of lapse
if grant money is not spend at the end of the financial year then the balance expires and returns to consolidated fund of India
March Rush
Heavy spending at the end of financial year due to rule of lapse
Judicial Powers of Parliament
Parliament exercises judicial functions related to the impeachment of high officials, punishing breaches of privilege, and approving ordinances.
Impeachment of the President (Article 61)
Parliament can remove the President through an impeachment process for violation of the Constitution.\n1. A charge can be initiated in either House.\n2. Requires a two-thirds majority in both Houses.\n3. If passed, the President is removed from office.
Removal of Vice President (Article 67)
The Rajya Sabha can remove the Vice President by passing a resolution with an absolute majority. The Lok Sabha must agree to it.
Removal of Judges (Article 124 & 217)
Parliament can remove Supreme Court and High Court judges for proven misbehavior or incapacity:\n1. The process begins with a motion in either House.\n2. Requires a special majority in both Houses.\n3. The President then removes the judge.
Removal of Chief Election Commissioner and CAG
The Chief Election Commissioner and Comptroller and Auditor General (CAG) can be removed like a Supreme Court judge, requiring special majority approval in both Houses.
Punishment for Breach of Parliamentary Privileges
Parliament has the power to punish members or outsiders for breach of privileges or contempt of the House.
Power to Approve or Reject Presidential Rule (Article 356)
Parliament must approve the proclamation of President’s Rule in a state within two months and can extend it for up to three years.
Judicial Role in Electoral Disputes
Parliament can pass laws related to election disputes but cannot act as a court for election-related judgments.
