what are the powers and functions of parliament of india
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The Parliament of India is the supreme
legislative body of the Republic of India. TheParliament is composed of the President of India and the houses. It is bicameral with two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.
Parliament makes laws and holds the Government to account for its policies, actions, and spending. The functions of Parliamentinclude: forming a Government (Executive) from among its members
ome of the major functions of the parliament are as follows: 1. Legislative Functions 2. Financial Control 3. Providing and exercising control over Cabinet 4. Critical Assessment of the Work of the Cabinet 5. Role of opposition 6. An organ of information 7. Constitutional Functions 8. Judicial Functions 9. Elective functions.
1. Legislative Functions:
The Parliament makes laws on all subjects listed in the Union List. It can also make laws on subjects listed under the Concurrent List. In case there is any conflict or overlapping in the provisions existing in the Union and State enactment, the Union law prevails. In cases when an emergency has been declared, the Union Parliament can also make laws on subjects that fall within the State List.
2. Financial Control:
Union Parliament has exclusive powers to provide ways and means through which revenue has to be raised for public services. To that end it imposes taxes and also ensures that the money sanctioned for expenditure to various departments of the government has been spent for the authorized purposes.
3. Providing and exercising control over Cabinet:
Our Parliamentary system blends the legislative and the executive organs of the State in as much as the executive power is wielded by a group of Members of the Legislature who command majority in the Lok Sabha.
To be more specific the government functions through various Ministries under the charge of different Ministers. The Parliament provides the Ministers and holds them responsible to the elected representatives of the people. The Ministers could be Member of either of the two Houses of the Parliament. The actual execution of government policies as decided by the Parliament is carried out by the bureaucracy headed by a Secretary of the Department.
4. Critical Assessment of the Work of the Cabinet:
The Parliament provides the forum through which is ensured that the Cabinet remains in power only as long as it commands majority support in the Lok Sabha which comprises elected representatives of the people. It is one of the most important functions of the Parliament to bring about discussions and critical assessments of the performance of the government departments.
The debates ensure that the weaknesses in terms of performance are brought to light and the Ministers and through them the entire executive machinery is kept on toes.
5. Role of opposition:
The existence of opposition also ensures that the nation gets to know about the alternative points of view.
6. An organ of information:
Parliament is the most powerful organ so far information about the functioning of the government is concerned. The information provided in the Houses is authoritative and Ministers are bound to provide information on matters of government when so desired by the members.
7. Constitutional Functions:
The power to amend the Constitution vests with the Parliament. Constitutional amendments have to be passed by each house by a majority of total membership as well as by two-third majority of members present in voting. In some cases amendments need ratification from half of the Legislative assemblies of the States.
8. Judicial Functions:
Parliament has the exclusive powers to impeach the President and remove judges of the Supreme Court and the High Court’s through a prescribed procedure. Parliament can also punish a person for contempt or defamation of the House.
9. Elective functions:
Elected members of the Rajya Sabha and the Lok Sabha Constitute the Electoral College for the election of the Vice-President. Along with elected members of the State Legislatures they form the Electoral College for election to the office of the President. The Parliament can also by legislation create new States or make changes in the existing boundaries of the States.
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Answer:
The powers and functions of the parliament are as follows:
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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