Social science notes on why do we need a parliament
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we need a parliament to ensure that you have freedom of speech, movements and association, and to ensure that there is no misuse of authority by elected leaders as constitution describe their powers and limitations to select the national government to control guide , and inform the government for making laws .
1) Legislative Powers- All the subjects in our constitution are divided among the state, union and concurrent lists. In concurrent list Parliamentary law is overriding than state legislative law. Constitution also has powers to make law with respect to the state legislature in following circumstances:
(i). When Rajya Sabha passes a resolution to that effect
(ii). When the 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 the 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.
In India, the political executive is a part of the parliament. Parliament exercises control over the executive through procedural devices such as question hour, zero hours, calling attention motion, adjournment motion, half-an-hour discussion, etc. Members of different political parties are elected/nominated to the parliamentary committees.
3) Financial Powers- It includes enactment of the budget, scrutinizing the performance of government with respect of financial spending through financial committees.
Parliament enjoys the supreme authority in financial matters. Executive cannot spend any money without parliament’s approval. No tax can be imposed without the authority of law. The government places the budget before the parliament for approval. The passage of the budget means that the parliament has legalized the receipts and expenditure of the government.
In this way, parliament exerts budgetary as well as post-budgetary control on the government. If the government fails to spend the granted money in a financial year, the remaining balance is sent back to the Consolidated Fund of India. This is known as the ‘rule of lapse’. This also leads to an increase in expenditure by the end of the financial year.
4) Constituent Powers- Example - To amend the constitution, to pass any laws required
5) Judicial Powers- The judicial power of the Parliament are mentioned below:
(i) It has the power to impeach the President, the Vice-President, the judges of the Supreme Court and the High Court.
(ii) It can also punish its members or outsiders for the breach of privilege or its contempt.
It also Includes:
(i). Impeachment of President for violation of the 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 the 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. The electoral powers of the parliament are mentioned below;
(i) The elected members of the parliament (along with state assemblies) participate in the election of the President
(ii) All the members of the parliament participate in the election of the Vice-President.
(iii) The Lok Sabha elects its Speaker and Deputy Speaker.
(iv) The Rajya Sabha elects its Deputy Chairman.
(v) Members of various parliamentary committees are also elected.
1) Legislative Powers- All the subjects in our constitution are divided among the state, union and concurrent lists. In concurrent list Parliamentary law is overriding than state legislative law. Constitution also has powers to make law with respect to the state legislature in following circumstances:
(i). When Rajya Sabha passes a resolution to that effect
(ii). When the 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 the 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.
In India, the political executive is a part of the parliament. Parliament exercises control over the executive through procedural devices such as question hour, zero hours, calling attention motion, adjournment motion, half-an-hour discussion, etc. Members of different political parties are elected/nominated to the parliamentary committees.
3) Financial Powers- It includes enactment of the budget, scrutinizing the performance of government with respect of financial spending through financial committees.
Parliament enjoys the supreme authority in financial matters. Executive cannot spend any money without parliament’s approval. No tax can be imposed without the authority of law. The government places the budget before the parliament for approval. The passage of the budget means that the parliament has legalized the receipts and expenditure of the government.
In this way, parliament exerts budgetary as well as post-budgetary control on the government. If the government fails to spend the granted money in a financial year, the remaining balance is sent back to the Consolidated Fund of India. This is known as the ‘rule of lapse’. This also leads to an increase in expenditure by the end of the financial year.
4) Constituent Powers- Example - To amend the constitution, to pass any laws required
5) Judicial Powers- The judicial power of the Parliament are mentioned below:
(i) It has the power to impeach the President, the Vice-President, the judges of the Supreme Court and the High Court.
(ii) It can also punish its members or outsiders for the breach of privilege or its contempt.
It also Includes:
(i). Impeachment of President for violation of the 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 the 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. The electoral powers of the parliament are mentioned below;
(i) The elected members of the parliament (along with state assemblies) participate in the election of the President
(ii) All the members of the parliament participate in the election of the Vice-President.
(iii) The Lok Sabha elects its Speaker and Deputy Speaker.
(iv) The Rajya Sabha elects its Deputy Chairman.
(v) Members of various parliamentary committees are also elected.
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We need a parliament for making a new laws in the country and changing and abolishing existing laws.
We need a parliament controls the executive organ of the government.
We need a parliament controls the executive organ of the government.
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