Powers of Parliament
Legislative power
The parliament has power to legislate on all subjects
enumerated in the Union list, the Concurrent list and matters not included in
any of the three list viz. residuary subjects. Though the state legislatures
can also make laws on the subjects mentioned in the concurrent list, yet the
laws made by the union legislature enjoy precedence over the laws made by the
state legislature. The Parliament can also legislate on a subject in the state
list if the Rajya Sabha passes a resolution by two-thirds majority of the
members present and voting declaring that a particular matter mentioned in the
state list is of national interest.
It may be observed that in matters of legislation, the two
houses enjoy co-equal powers and the legislative proposals can be initiated in
either of the two houses. But the approval of both the houses is essential for
the passage of the law. In case of differences between the two houses on any
legislative matter, the differences are resolved by arranging joint sittings of
the two houses.
Financial power
The powers of Lok Sabha and Rajya Sabha over money bills are
not equal. The Lok Sabha enjoys real supremacy over the Upper House because it
controls the pursue of the nation. The money bills can originate only in the
Lok Sabha and, after it is passed by the Lok Sabha it is refer to the Rajya
Sabha for recommendation. The Rajya Sabha must return the money bill to the Lok
Sabha within fourteen days of its receipt with or without its recommendations.
The union government cannot incur any expenditure or levy any taxes without the
consent of the Parliament. However, the Lok Sabha is free to accept or reject
these recommendations. If the recommendations of the Rajya Sabha are passed by
the Lok Sabha, the bill is deemed to have been passed by both the houses in its
amended form.
Control over Executive
The Parliament also exercises effective control over the
executive. Under the Parliamentary system of government provided under the
Indian Constitution, the Council of Ministers which is the real executive, is
collectively responsible to the Parliament and stays in office as long as it
enjoys its confidence. If the parliament passes the vote of no- confidence
against the council of Ministers, it has to quit office. The parliament keeps
constant control over the activities of the government and can seek information
and clarification on various issues and policies.
With regard to control over the executive, the position of
Lok Sabha and Rajya Sabha is not identical. In this regard the Lok Sabha is
better placed. Lok Sabha in respect of control over the executive is more
fortunate than the Rajya Sabha. It can seek information from the ministers
about their policies and criticize them for their lapses. Only Lok Sabha can entertain
censure or even propose vote of no-confidence against the government. The Rajya
Sabha however does not enjoy any effective control over the executive. It may
seek information from the ministers and criticize their policies, but it
certainly cannot oust the ministry through a vote of no-confidence.
Amendment of the constitution
The parliament plays a significant role in the amendment of
the constitution. Under the Indian Constitution, amendment to the constitution
can be initiated only by the parliament and the state legislature does not
enjoy any power in this regard. A major portion of the constitution can be
amended by the parliament by two-thirds majority or simple majority without
seeking approval of the states.
Electoral power
The elected members of the two houses of Parliament
participate in the election of the President along with the elected members of
the state Legislative Assemblies. The elected members of the two houses of
Parliament also elect the Vice-President of India.
Approval of emergency
The approval of the Parliament is essential for continuance
of emergency under Article 352,356 and 360beyond a certain period. The
proclamation of emergency under Article 352 must be approved by the Parliament
within 30 days, while the emergencies declared under Articles 356 and 360 must
be approved by the Parliament within two months.
Power of removing certain officials
The Parliament enjoys the power to recommend the removal of
judges of Supreme Court and High Courts, Comptroller and Auditor General, the
Chairman and Members of Union Public Service Commission’s etc. Resolution for
the removal of these officials must be passed by each house of the Parliament
by a majority of the total membership of that house which should not be less
than two-thirds majority of the members of the House present and voting.
Impeachment of the president
The Parliament enjoys the rights to impeach the President
for the violation of the Constitution. The impeachment proceedings can be
initiated in either house of Parliament. After the charges have been preferred
by one house, the other house investigates the charges so preferred. If the
investigating house passes a resolution by two-third s majority of total
membership sustaining the charge, the President stands removed from his office.
Creation of new India Services
The parliament can also create new All India Services in the
national interest. For this purpose, the Rajya Sabha has to pass resolution by
two-thirds majority of its members present and voting, whereupon the Parliament
can proceed with the creation of new All India Services. In exercise of this
power, the Parliament created All India Engineering Service, All India Forest
Service, and Indian Medical and Health Services.
Legislative Procedure
An ordinary bill can originate in either House of the
parliament. After it has been passed by one house it is sent to the other house
for consideration. The other house can either pass the bill in the same form;
or pass it with certain amendments; or reject it; or may not take any decision
on it. If the bill is passed by the other house in the same form, it is
transmitted to the president for his assent. If house passes the bill with
certain amendments, the bill is sent back to the house of its origin for
reconsideration. If the first house agrees with these amendments, the bill is
sent to the president for his assent in its modified form.
But if the house of origin does not agree with the
amendments proposed by the other house, or if the bill is rejected by the other
house, or the other house does not take any action on the bill for six months,
a sort of deadlock is created. This deadlock is resolved through a joint
sitting of two houses. If at the joint sitting the bill is passed by a majority
of the total members of both the houses present and voting, it is deemed to
have been passed by both the houses. Usually, at such a joint sitting the Lok
Sabha has a greater say on account of its greater numerical strength.
President’s Assent
President’s Assent is vital for a bill to become an Act.
After a bill has been passed by the Parliament and referred to the president
for his assent, the president can either give his assent or withhold his
assent. If he gives his assent, the bill becomes an Act. However, if the
president chooses to withhold his assent, he may return the bill to the house
with his recommendations. If the houses pass the bill again with or without
amendments the president has to append his signature.
Financial procedure
A money bill cannot be introduced in the Council of States
or Rajya Sabha, it can only be introduced in Lok Sabha. When a money bill is
passed by House of People or Lok Sabha, it is sent to the Rajya Sabha for its
recommendations. The Rajya Sabha within a period of 14 days from the date of
receipt of the bill returns the bill to the Lok Sabha with its recommendations.
The Lok Sabha may either accept or reject all or any of the
recommendations, and in either case the bill is considered to have passed by
both the houses in the form in which in which it passed by the Lok Sabha. If
the money bill is not returned by Rajya Sabha to Lok Sabha within the said
period of 14 days, it shall be deemed to have been passed by Houses at the
expiration of the said period.
Privileges, powers and Immunities of the members and
House
Some of the important privileges and immunities are-
• Freedom of speech in Parliament and immunity of a member
from any proceedings in any court in respect of anything said or any vote given
by him in Parliament or any Committee thereof.
• Immunity to a person from proceedings in any court in
respect of the publication by or under the authority of either House of
Parliament of any report, paper, votes or proceedings.
• Prohibition on the
courts to inquire into proceedings of Parliament.
• Freedom from arrest of members in civil cases during the
continuance of the session of the House and forty days before the commencement
and forty days after its conclusion.
• Exemption of a member from initiation of a legal process
civil or criminal arrest within the precincts of the House without obtaining
permission of the speaker.
1.B.A Political Science 1st Lesson Important Notes
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The Parliamentary committees
Parliamentary committees are of two types- Adhoc Committees
and Standing Committees. An Ad hoc committee is appointed for a specific
purpose and when it has finished its work and has submitted its report, it
ceases to exist. The best known and most regular examples of Ad hoc Committees
are the select and joint committees on bills. Such committees are appointed on
the other matters as well. One such committee functioning at present is the
Railways Convention Committee.
Each house has a number of standing committees. The Rajya
Sabha and Lok Sabha each have a business Advisory Committee, a Committee on
Petitions, a Committee of Privileges and Rules Committee. The Lok Sabha has in
Addition a number of other Committees.
Of special importance is yet another class of Committees
which acts as Parliament’s “watch Dogs” over the executive. These are: the
committee on subordinate Legislation, the Committee on Government Assurance,
the Estimates committee, the Public Account committee, Committee on public
undertakings. The Estimates Committee, the Public Account Committee and the
Committee on Public Undertakings play an important role in exercising check on Governmental
Expenditure.
The functions and composition of the important Committees of
Parliament are-
Business advisory committee: This committee is
concerned with the planning and regulation of the House. It also advises the
House regarding allocation of time for the discussion of various issues. This
committee is formed at the beginning of the Lok Sabha’s session and consists of
15 members.
Committee on private members bills and Resolutions: This
committee examines the bills submitted by the members of the House and
classifies them according to their importance and need. This Committee consists
of 15 members who are nominated by the Speaker for a term of one year.
Select committee on bills: there are number of select
committees of the house which collect information on various issues and submit
necessary reports on the basis of the examination of relevant material and
witness. The committee is dissolved soon after it has submitted the report on
the subject under reference.
Committee on public undertaking: this committee
consists of 22 members- 15 from the Lok Sabha and 7 from the Rajya Sabha. The
members of the committee hold office for a term of one year. The committee was
constituted for the first time with effect from 1stMay, 1964.
Committee on petitions: this committee examines the
petitions made by the members of the House and suggests remedial measures. The
committee consists of not less than 15 members in the Lok Sabha and 10 members
in the Rajya Sabha. The members of the committee are nominated by the presiding
officers of the respective House.
Committee on Government Assurances: this committee
examines the various assurances and undertakings given by the ministers on the
floor of the house to find out how far these have been fulfilled or implemented
within the stipulated for one year. The ministers are not eligible for the
membership of the committee.
Rules committee: The rules committee consists of 15
members nominated by the speaker with the speaker as the ex-officio Chairman of
the committee. The Committee considers matters of procedure and conduct of
business in the House and recommend changes/ amendments to the Rules of
procedure and conduct of Business in Lok Sabha, if necessary.
Committee on absence of Members: The committee consists
of 15 members who hold office for one year. The members are nominated by the
Speaker. This Committee considers all application from members for leave of
absence from the sittings of the House and examines every case where a member
has been absent for a period of 60 days or more, without permission, from the
sittings of the House which might also be equivalent to declaring that
particular seat to be vacant as has been specified in the Constitution.
The Estimate committee: This committee consists of 30
members who are elected by the Lok Sabha every year from among its members.
Unlike the PAC and the Committee on Public Undertakings, the members of Rajya
Sabha are not associated with it. A minister is not eligible for election of
this committee. The life of the Committee is one year.
Committee on privileges: This committee consists of
not more than 15 members in the Lok Sabha and not more than 10 members in the
Rajya Sabha. Its function is to examine every question of privilege of the
House or of the members or of any of its committees referred to it by the House
or by the Speaker/Chairman.
Committee on the welfare of Scheduled Caste and Scheduled
Tribes: this committee consists of 30 members-20 members from the Lok Sabha
and 10 members from the Rajya Sabha. The committee considers all matters
related to the welfare of the Scheduled Caste and the Scheduled Tribes and
keeps a watch whether the constitutional safeguards in respect of these classes
are properly implemented.
The Public accounts committee: this is also joint
committee of the two Houses. It consists of 22 members- 15 members from Lok
Sabha and 7 members from the Rajya Sabha. It may be noted that the Rajya Sabha
members are only associate members and not entitled to vote. The members of the
committee are elected for one year but by convention they generally continue in
office for at least two years. The election is held on the basis of
proportional representation through single transferable vote.
Joint Committee on office of profit: this joint
committee consists of 15 members, on a government motion moved in the Lok Sabha
and concurred by the Rajya Sabha, 10 members are elected from Lok Sabha and 5
members are elected from Rajya Sabha according to principles of proportional
representation by means of single transferable vote. The committee is
constituted for the duration of each Lok Sabha.
Committee on subordinate legislation: This committee
consists of 15 members nominated by the Speaker. The function of the committee
is related to what is commonly known as delegated legislation. The main
function of the committee is to scrutinize and report to the house whether the
powers to make regulations, rules, sub rules, by –laws conferred by Constitution
or delegated by Parliament are being properly exercised by the executive within
the scope of such delegation.
The committees are instrument of parliament, not of
government. Their role is advisory, obviously they are not meant to dislodge
the cabinet, only to improve their performance by scrutiny and control.
Restrictions on the Parliament
Federal system of Government: In the first instance,
the Constitution provides for a federal system of government based on
distribution of powers between the centre and the states. The two have to
operate within the jurisdiction earmarked for them. This greatly restricts the
authority of the Parliament.
Written constitution: The written constitution of
India also greatly restrains the authority of the parliament. The parliament
has to operate within the parameters fixed by the Constitution. No doubt, under
certain conditions the parliament is authorized to make laws even on subjects
allotted to the states, but it has to operate strictly in accordance with the
provisions of the Constitution in this regards.
Judicial review: India has adopted the principle of
judicial review which greatly restricts the authority of the Parliament.
According to this principle, the Supreme Court of India can declare a law passed
by Parliament as unconstitutional if it contravenes any provision of the
Constitution. In Britain the Courts have no power to pronounce upon the
constitutionality or loyalty of the laws passed by the parliament.
Fundamental rights: the incorporation of fundamental
rights in the Constitution has also restricted the authority of the parliament.
The Parliament cannot make any law which contravenes the fundamental rights
enshrined in the Constitution and if it does so, the same can be declared as
ultra vires by the courts.
In view of these limitations on the authority of the Indian
Parliament, it cannot be regarded as sovereign body.
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