Explain powers and functions of the Union Parliament.Plz give answer soon
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Functions and Powers of the Indian Parliament
The Constitution of India enumerates the powers and functions of the Indian Parliament in Chapter II of Part V of the constitution. Like the British counterpart, the Parliament of India is not a fully sovereign legislature. It does not enjoy unlimited and absolute powers like that of the British Parliament. It is a creation of the Constitution. It has no natural growth like that of the British Parliament. As it is created by the Constitution, it is bound by the provisions of the Constitution.
The powers and functions of the Indian Parliament may be generalized in the following heads. While discussing these powers it should be borne in mind that they are enjoyed and exercised by both the Houses of Parliament with a few difference
(a) Law making powers:
The Parliament of the Union Government is competent to legislate on all matters that are enumerated in the Union List and the Concurrent List of the Constitution. In the Concurrent List, the Parliament and the State Legislatures have joint jurisdiction. However, in case of conflict over any law made under the Concurrent List, the Union Law will prevail upon the State Law provided the State Law has not received the earlier assent of the President. The Union Parliament is also competent to make law over the State List under the following circumstances:-
(i) When the proclamation of Emergency is in operation the Parliament can make law in any item included in the State List. In case of the declaration of President's Rule in any State under Article 356 of the Constitution, the Parliament is competent to legislate on any matter included in the State List (Article 250).
(ii) In normal times when Rajya Sabha passes a resolution by two-thirds majority of its members present and voting that it is necessary in the national interest that Parliament should make law with regard to any matter enumerated in the State List, then Parliament is competent to make law in that matter for the whole or any part of India (Article 249).
(iii) The Parliament is competent to legislate on any matter pertaining to the State List if such legislation is deemed necessary for the implementation of international treaties or agreements concluded with foreign States (Article 253).
(iv) If the legislatures of two or more States pass a resolution to the effect that it is desirable to have a parliamentary law in any matter in the State List, then the Parliament can make law for those States (Article 252).
Except in the above-mentioned occasions, the Parliament of India is not competent to make law in the State List. If at any time, the Parliament encroaches upon the rights of the States, the Supreme Court can prevent such encroachment of the Parliament through its power of Judicial Review. The Parliament must make law in accordance with the provisions of the Constitution.
(b)Financial Powers:
In the financial domain the Parliament is the supreme authority. Not a single paisa can be spent by the Executive without parliamentary sanction. The budget is annually prepared by the Cabinet and it is submitted for the approval of the Parliament. The Parliament also approves all proposals of the Union Government to impose taxes.
Money Bills can originate only in the Lok Sabha. After they have been passed by the Lok Sabha, they are sent to the Rajya Sabha for approval. Within 14 days the Rajya Sabha is expected to give its consent. Thus the power of the Rajya Sabha is limited with regards to money Bills.
Further, to keep a vigil on the way the Executive spends the money granted by the legislature, there are two Standing Committees of the Parliament. They are the Public Accounts Committee and the Estimates .
The Constitution of India enumerates the powers and functions of the Indian Parliament in Chapter II of Part V of the constitution. Like the British counterpart, the Parliament of India is not a fully sovereign legislature. It does not enjoy unlimited and absolute powers like that of the British Parliament. It is a creation of the Constitution. It has no natural growth like that of the British Parliament. As it is created by the Constitution, it is bound by the provisions of the Constitution.
The powers and functions of the Indian Parliament may be generalized in the following heads. While discussing these powers it should be borne in mind that they are enjoyed and exercised by both the Houses of Parliament with a few difference
(a) Law making powers:
The Parliament of the Union Government is competent to legislate on all matters that are enumerated in the Union List and the Concurrent List of the Constitution. In the Concurrent List, the Parliament and the State Legislatures have joint jurisdiction. However, in case of conflict over any law made under the Concurrent List, the Union Law will prevail upon the State Law provided the State Law has not received the earlier assent of the President. The Union Parliament is also competent to make law over the State List under the following circumstances:-
(i) When the proclamation of Emergency is in operation the Parliament can make law in any item included in the State List. In case of the declaration of President's Rule in any State under Article 356 of the Constitution, the Parliament is competent to legislate on any matter included in the State List (Article 250).
(ii) In normal times when Rajya Sabha passes a resolution by two-thirds majority of its members present and voting that it is necessary in the national interest that Parliament should make law with regard to any matter enumerated in the State List, then Parliament is competent to make law in that matter for the whole or any part of India (Article 249).
(iii) The Parliament is competent to legislate on any matter pertaining to the State List if such legislation is deemed necessary for the implementation of international treaties or agreements concluded with foreign States (Article 253).
(iv) If the legislatures of two or more States pass a resolution to the effect that it is desirable to have a parliamentary law in any matter in the State List, then the Parliament can make law for those States (Article 252).
Except in the above-mentioned occasions, the Parliament of India is not competent to make law in the State List. If at any time, the Parliament encroaches upon the rights of the States, the Supreme Court can prevent such encroachment of the Parliament through its power of Judicial Review. The Parliament must make law in accordance with the provisions of the Constitution.
(b)Financial Powers:
In the financial domain the Parliament is the supreme authority. Not a single paisa can be spent by the Executive without parliamentary sanction. The budget is annually prepared by the Cabinet and it is submitted for the approval of the Parliament. The Parliament also approves all proposals of the Union Government to impose taxes.
Money Bills can originate only in the Lok Sabha. After they have been passed by the Lok Sabha, they are sent to the Rajya Sabha for approval. Within 14 days the Rajya Sabha is expected to give its consent. Thus the power of the Rajya Sabha is limited with regards to money Bills.
Further, to keep a vigil on the way the Executive spends the money granted by the legislature, there are two Standing Committees of the Parliament. They are the Public Accounts Committee and the Estimates .
AvaniAgrawal:
this answer is too long
yess
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