Compare the powers of the two Houses of the Union Parliament with reference to the following: (a)Legislative powers [3] (b) Financial Powers [3] (c) Control over the Executive.
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Answer:
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 of India is a bi-cameral legislature. It consists of two houses- Rajyasabha Lok Sabha and President of India. Rajyasabha is the upper chamber of the Parliament while Lok Sabha is the lower chamber of the Parliament.
The Parliament of India is a bi-cameral legislature. It consists of two houses- Rajyasabha & Lok Sabha and President of India. Parliament makes law with the help of its both the chambers. Laws passed by the parliament and approved by the president are enforced in the whole country.
Its powers and functions can be classified in to following heads:
(1). Legislative powers
(2). Executive powers
(3). Financial powers
(4). Constituent powers
(5). Judicial powers
(6). Electoral powers
(7). Other powers
1) Legislative Powers- All the subjects in our constitution are divided among state, union and concurrent lists. In concurrent list Parliamentary law is over riding than state legislative law. Constitution also have powers to make law with respect to state legislature in following circumstances:
(i). When Rajya Sabha passes a resolution to that effect
(ii). When national emergency is under operation
(iii).When two or more states request parliament to do so
(iv). When necessary to give effect to international agreements, treaties and conventions
(v). When President’s rule is in operation.
2) Executive Powers- According to parliamentary form of government executive is responsible to the parliament for its acts and policies. Hence parliament exercises control by various measures like committees, question hour, zero hour etc. ministers are collectively responsible to the Parliament.
3) Financial Powers- It includes enactment of budget, scrutinizing the performance of government with respect of financial spending through financial committees (post budgetary control)
4) Constituent Powers- Example - To amend the constitution, to pass any laws required
5) Judicial Powers- Includes;
(i). Impeachment of President for violation of constitution
(ii). Removal of judges of Supreme Court and High court
(iii). Removal of Vice- President
(iv). Punish members for breach of privileges like sitting in the house when the member knows he is not an eligible member, serving as member before taking oath etc.
6). Electoral Powers- It has its participation in the election of President and Vice-President. The members of Lok Sabha elects speaker and deputy speaker from among its members. Similarly members of Rajya Sabha elects deputy chairman.
7). Other Powers-
(i). To discuss various issues of national and international importance
(ii). Imposing emergency
(iii). Increase or decrease area, change names, alter the boundary of the states
(iv). Create or abolish state legislature etc any powers can be added from time to time
Article 245 of the constitution declares that parliament may make laws for the whole or any part of the territory of India and a state legislature can make laws for the whole or any part of the state. Seventh Schedule of the constitution distributes the legislative powers between the centre and the state by putting subjects into Union List, State List and Concurrent List. The centre can make law on any of the subjects in the union list or in the concurrent list. The parliament can override the law of a state on a subject listed in concurrent list. In addition to these powers, the residuary powers are also vested with the parliament.
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