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Functions of Parliament | Legislative, Executive, Financial & Judicial Functions | UPSC Notes

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  • Functions of Parliament | Legislative, Executive, Financial & Judicial Functions | UPSC Notes
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Functions of Parliament

Parliament, as the supreme legislative body of India’s representative democracy, occupies the central institutional position in the constitutional architecture — functioning as the lawmaking authority, the body that controls the executive, the guardian of public finances, and the forum for national deliberation. Its functions extend far beyond legislation into executive accountability, constitutional amendment, judicial oversight, and electoral responsibilities, making it the most multifunctional institution in India’s governance system.

Legislative Powers and Functions

  • Exclusive Union List jurisdiction — Parliament alone can legislate on the 98 subjects in the Union List (originally 97) — covering defence, foreign affairs, banking, communications, and other national subjects
  • Concurrent List overriding power — Parliament legislates on the 52 Concurrent List subjects (originally 47), with Parliamentary law prevailing over state law in case of conflict
  • Residuary subjects — Parliament has exclusive power to legislate on subjects not enumerated in any of the three lists — covering emerging areas like cybercrime, space, and digital economy
  • Legislation on State List under five abnormal circumstances —
    • when Rajya Sabha passes a resolution to that effect
    • when a National Emergency is in operation
    • when two or more states make a joint request to Parliament
    • when necessary to give effect to international agreements, treaties, and conventions
    • when President’s Rule is in operation in the state
  • Ordinance approval — all ordinances issued by the President during Parliament’s recess must be approved by Parliament within six weeks of reassembly — otherwise they become inoperative
  • Delegated legislation oversight — Parliament makes laws in skeleton form and authorises the Executive to make detailed rules and regulations — such subordinate legislation is placed before Parliament for examination

Executive Powers and Functions

  • Parliamentary control over the Executive — Parliament exercises control over the Executive through question hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion, and other instruments of parliamentary oversight
  • Committee-based supervision — Parliament supervises executive activities through committees on government assurances, subordinate legislation, petitions, etc.
  • Collective and individual ministerial responsibility — ministers are collectively responsible to Parliament in general and to Lok Sabha in particular — each minister individually responsible for efficient administration of their ministry
  • No-confidence motion — the Council of Ministers can be removed by Lok Sabha passing a no-confidence motion — Parliament as the body that ultimately determines the life of the government
  • Lok Sabha can also express lack of confidence in the following ways —
    • By not passing a motion of thanks on the President’s inaugural address
    • By rejecting a Money Bill
    • By passing a censure motion or an adjournment motion
    • By defeating the government on a vital issue
    • By passing a cut motion

Financial Powers and Functions

  • No taxation without Parliamentary sanction — no tax can be levied or collected and no expenditure incurred by the Executive except under the authority and with the approval of Parliament
  • Budget enactment — Parliament approves the budget — legalising the receipts and expenditure of the government for the financial year
  • Two-stage financial control —
    • Budgetary/pre-appropriation control — control before the appropriation of grants through enactment of the budget
    • Post-budgetary control — control after appropriation through three financial committees (Public Accounts Committee, Estimates Committee, Committee on Public Undertakings)
  • Financial committees — scrutinise government spending and financial performance — bringing out cases of illegal, irregular, unauthorised, improper usage, and wastage in public expenditure
  • Rule of lapse — Parliament grants money to the government on the principle of annuality — unspent money returns to the Consolidated Fund of India at the end of the financial year — preventing reserve fund build-up without Parliamentary authorisation

Constituent Powers and Functions

  • Constitutional amendment power — Parliament is vested with the power to amend the Constitution by way of addition, variation, or repeal of any provision — through three modes:
    • By simple majority
    • By special majority (majority of total membership of each House and two-thirds of members present and voting)
    • By special majority with consent of at least half of all state legislatures
  • Basic Structure limitation — Parliament’s constituent power is not unlimited — it cannot amend the “basic features” of the Constitution, as ruled by the Supreme Court in Kesavananda Bharati (1973)
  • Exclusive initiation power — the power to initiate constitutional amendment lies exclusively with Parliament

Judicial Powers and Functions

  • Impeachment of the President — for violation of the Constitution
  • Removal of the Vice-President — from office
  • Recommendation for removal of judges — can recommend removal of judges of the Supreme Court and High Courts, Chief Election Commissioner, State Election Commissioners, and Comptroller and Auditor General to the President
  • Punishment for breach of privilege — Parliament can punish its members or outsiders for breach of Parliamentary privilege or contempt of Parliament

Electoral Powers and Functions

  • Presidential election — Parliament participates in the election of the President along with elected members of state legislative assemblies
  • Vice-Presidential election — Parliament elects the Vice-President
  • Internal elections — Lok Sabha elects its Speaker and Deputy Speaker; Rajya Sabha elects its Deputy Chairman
  • Electoral law-making — Parliament is authorised to make laws regulating elections to the offices of President and Vice-President, and to both Houses of Parliament and state legislatures — accordingly enacting the Representation of the People Acts of 1950 and 1951

Other Powers and Functions

  • Highest deliberative body — Parliament discusses various issues of national and international significance
  • Emergency approval — Parliament approves all three types of emergencies (national, state, and financial) proclaimed by the President
  • State legislative council — Parliament can create or abolish state legislative councils on the recommendation of the concerned state legislative assembly
  • Reorganisation of states — Parliament can increase or decrease the area, alter the boundaries, and change the names of states of the Indian Union
  • Supreme Court and High Court jurisdiction — Parliament can regulate the organisation and jurisdiction of the Supreme Court and High Courts, and can establish a common High Court for two or more states

Parliament’s constitutional design endows it with remarkably broad powers spanning legislation, executive oversight, financial control, constitutional amendment, and judicial functions — making it, in theory, the supreme institution of India’s democratic governance.

Sample UPSC Mains Questions

Q1.Discuss the various legislative and financial functions performed by the Parliament of India.
(150 words, 10 marks)

Q2.Parliament is not merely a law-making body but the central institution of democratic accountability. Discuss.
(250 words, 15 marks)

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