Lesson 4 - The Legislature: Powers of Parliament Important Notes Part 2

 

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.

 Read More

1.B.A Political Science 1st Lesson Important Notes

2.B.A Political Science 2nd Lesson Important Notes

3. B.A Political Science 3rd Lesson Important Notes

4.B.A Political Science 4th Lesson Important Notes

5. B.A. Political Science 5th Lesson Important Notes

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.

Read More

1. B.A Political Science Hons. History Lesson 1st Important Notes

2.B.A Political Science Hons. History Lesson 2nd Important Notes

3.B.A Political Science Hons. History Lesson 3rd Important Notes

4.B.A Political Science Hons. History Lesson 4th Important Notes Part 1

Post a Comment

0 Comments