Functions of the Parliament of India- Revision Notes

Last Updated on 08/11/2022 by Mega Job Alert

The union government has three organs: the Executive, the Judicial, and the Legislative.
The “Parliamentary form of administration” offers the Indian Parliament a crucial role in the country’s democratic system. A representative, effective, and efficient legislature is essential to a true democracy. Additionally, the legislature aids citizens in holding politicians accountable. Indeed, this forms the entire foundation of representative democracy. Making laws is one of the many legislative duties.

Functions of the Parliament of India- Revision Notes

All democratic political procedures revolve around it. Of all the government’s branches, the legislature is the most representative. Legislative bodies are more representative and more responsive to public expectations by having members from various social backgrounds.

Part V of the Constitution

The Part V of the Constitution’s Constitutional Provisions covers the organization, membership, duration, officials, processes, privileges, and powers of the Parliament. These provisions range from Article 79 to 122.

Functions Of Parliament

In Chapter II of Part V of the Indian Constitution, the functions of the Parliament are mentioned. There are various categories under which the Parliament’s duties can be discussed; check out the functions below:

Legislative Functions

  • All topics listed in the Union List and the Concurrent List are subject to legislative action by the Parliament.
  • The union legislation should precede the states on the Concurrent List, where the state legislatures and the Parliament share jurisdiction unless the state law had previously acquired presidential assent. The Parliament, however, has the authority to establish laws at any moment to supplement, modify, vary, or repeal those passed by state legislatures.
  • The Parliament may enact laws about things on the State List in the following situations.
  • The Parliament may also pass laws about items on the State List if an Emergency is in effect or if any state is under Article 36 (President’s Rule) in any other circumstance.
  • According to Article 249, the Rajya Sabha must pass a resolution by a 2/3 majority of its members present and voting stating that the Parliament must pass laws on any item listed in the State List in the country’s interest.
  • In accordance with Article 253, it may make laws about State List items if necessary for executing treaties or international agreements with foreign countries.
  • As per Article 252, the Parliament may enact laws for those states if the legislatures of two or more states pass a resolution stating that it is desirable to have a parliamentary law on any matter specified in the State List.

Executive Functions

  • The Executive, under a parliamentary system of government, answers to the legislature. As a result, the Parliament uses various tools to influence the government.
  • The Parliament has the authority to overthrow the Cabinet (Executive) by a vote of no confidence. It has the right to reject any law introduced by the Cabinet, including budget proposals. A motion of no confidence must be approved to oust a government from power.
  • The ministers are open to questions from the MPs (Members of Parliament) on their omissions and commissions.

Adjournment Motion: Only permitted in the Lok Sabha, the main goal of an adjournment motion is to call attention to any recent matter of urgent public significance. Given that it interferes with business as usual, it is seen as an unusual tool in Parliament.

The Parliament establishes a Committee on Ministerial Assurances to monitor the ministers’ performance of their commitments to the legislature.

Censure Motion: Members of the opposition party in the House can introduce a motion to censure any government policy. Only the Lok Sabha is capable of moving it. After a censure motion is approved, the government is required to ask the House for its confidence. The Council of Ministers need not quit if the censure motion is approved, unlike in the case of the no-confidence motion.

Cut Motion: A cut motion is used to oppose any demand made by the government in the financial bill.

Financial Functions

  • When it comes to money, Parliament is the final arbiter. Without parliamentary authorization, the Executive cannot spend a single rupee.
  • The Cabinet presents the Union Budget to the Parliament for approval. The Parliament must also accept any tax enactment ideas.
  • The Parliament’s Public Accounts Committee and Estimates Committee are two permanent committees to monitor the usage of funds by the government.
  • The Parliament may amend the Indian Constitution. The power to modify the Constitution of India is equally divided between the two Houses of Parliament (Lok Sabha & Rajya Sabha).

Electoral Functions

  • The election of the President and Vice President is done by participation from the houses of Parliament.
  • The elected members of both Houses make up a portion of the electoral college that chooses the President. Also, A Rajya Sabha resolution approved by the Lok Sabha house can remove the President.

Judicial Functions

  • The Parliament has the authority to punish members of the House who breaches privileges. When one of the rights afforded by MPs is violated, it is a breach of privilege.
  • When a member believes that a minister or another member has violated the privilege of the House or one or more of its members by withholding relevant facts from a case or by providing false or distorted information, the member may file a privilege motion. Learn more about the privilege motion.
  • Legislative privileges in a parliamentary system are unaffected by judicial oversight.

Other Parliamentary Functions and Abilities

  • In the Parliament, matters of both national and international relevance are considered. In this aspect, the opposition is crucial because it ensures that the nation is aware of alternative perspectives.
  • Before laws or resolutions are passed, the Parliament performs a crucial role in a democracy by debating important issues.
  • The Parliament may change, reduce, or increase the boundaries of states and UTs.
  • The Parliament serves as an informational body as well. When the member’s request, the ministers must disclose information in the Houses.

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