Functions of the Parliament

 Amity Law School, School, Delhi

Constitutional Law II Project  Submitted to: Mr. Ashutosh Hajela  Assistant Professor Professor (Senior) of Law

Submitted By: Mannat Garkal II-D 06210303812

1

INDEX

I. What is Parliament? – Page 3 II. The Role & Functions of Parliament – Page 4 III. Indian Scenario – Page 5 IV.  Acknowledgments – Page 8 V. Bibliography & References – Page 8

2

I.

WHAT IS PARLIAMENT?

The term ‘Parliament’ is usually associated with the British system of parliamentary government - one that has influenced the development of representative assemblies in many parts of the world.

In pre-revolutionary France, the word ‘Parlement ’ was appli ed to courts of justice, which were not representative bodies at all. The word itself is derived from the Latin word ‘Parliamentum’ & the French word ‘ Parler ’ and originally meant a talk ; and talking is, of course, what Parliaments do most of the time.

The origins of Parliaments & similar assemblies can be traced back many centuries. They are the central institutions of many systems of government world over. Although conceived in ancient times, they seem to be infinitely adaptable; and their numbers have proliferated & developed many forms & variations in modern times.

The term ‘Parliament’ embraces many widely differing assemblies: the United States Congress, the State Duma of Russia, the Japanese Diet, the National People’s Congress of China , the Knesset of Israel & Sansad in India, to name just a few. 1

The Parliament of India, also popularly known as Sansad (Sanskrit:

);

is the supreme

legislative body in India. It comprises the President of India and the two Houses — 1.

Lok Sabha (House of the People); and

2.

Rajya Sabha (Council of States).

The President has the power to: i.

Summon and prorogue either House of Parliament; or

ii.

To dissolve Lok Sabha.2

India's government is bicameral  – Rajya Sabha is the upper house and Lok Sabha is the lower house. The two Houses meet in separate chambers in the Sansad Bhavan (located on the Sansad Marg or "Parliament Street") in New Delhi.

Those elected or nominated (by the President) to either house of Parliament are referred to as members of parliament or MPs. The MPs of Lok Sabha are elected directly by the Indian public, whereas those belonging to the Rajya Sabha are elected in accordance with the principle of Proportional Representation, by the members of the State Legislative Assemblies.  The Indian Parliament is composed of 790 MPs, who serve the largest democratic electorate in the world. II.

THE ROLE AND FUNCTIONS OF PARLIAMENT

1 LAUNDY, 2 "Our

PHILIP: Parliaments in the Modern World. Hants (England), Dartmouth 1989, p.1. Parliament"; Indian Parliament (parliament.nic.in)

3

The role and functions of Parliament assume great significance in view of the basic principles & assumptions associated with parliamentary democracy.

A parliamentary form of government acknowledges the fact that in this system: 1.

Parliament derives its power directly from the consent of the people, expressed

through periodic elections 2.

Ensures the best possible participatory democratic system

3.

Active interaction between the people and their representatives; and

4.

That it exists mainly to implement the will of the people

In this system, the Executive not only emanates from Parliament but is also accountable to Parliament for all its acts of commission & omission. This accountability of the Executive to Parliament is based on the principle of Checks & Balances, i.e. that since Parliament represents the will of the people, it should be able to oversee and keep the Executive under control and constant surveillance.3

The role of Parliaments around the globe has transformed tremendously over the years. It is no more confined to enacting legislation only. Parliaments have now become multi-functional institutions.

The main functions of the Parliament are as follows:  AUTHORITY : for making laws in the country.



CONTROL:



1.

Exercised over those running the government.

2.

Over the finance the government has.



HIGHEST FORUM: of discussion and debate on public issues and national

policy.4

3 SAYEED,

P.M.: ‘Parliament – A Multi-Functional Institution’ in Fifty Years of  Indian Parliament  by G.C. Malhotra. New Delhi, Lok Sabha Secretariat, 1992. p.24. 4 http://www.meritnation.com/ask-answer/question/why-do-we-need-a-parliament-what-are-the-functions-o/socialscience/6843906?mncid=DynamicSA_AA&gclid=CMWm26WHnL0CFaI34gody3gAXw

4

III.

INDIAN SCENARIO

The Parliament of India is a depository of varied functions, as delineated by the Constitution and, obviously, also has those inherent & conventional powers & functions, which usually rest with Parliaments. Like other Parliaments, our Parliament has also emerged as a multi-functional institution. It is the political nerve centre of the country, acting as a mirror of the society, accommodating the needs of changing times, shouldering responsibilities and engaging itself fully in the process of running our parliamentary polity. The Constitution of India has adopted Parliamentary  System of Government . Under such a system there is a curious mixture of the legislative and executive organs of the state. While discussing the functions of Parliament, this aspect should always be borne in mind. To begin with, the Parliament provides the Council of Ministers to run the administration of the State and holds it responsible. The membership of the Council of Ministers is drawn from the two chambers of the Parliament. The Indian Parliament now performs a variety of functions. iSome of the cardinal roles and functions of Parliament are:

1.

Ensuring Executive Accountability

A very significant function of Parliament is to exercise its control on the Council of Ministers by way of holding it responsible for its acts of commissions & omissions.  Article 75(3)  expressly states that the Council of Minister remains in office, so long as it enjoys the confidence of the Lok Sabha. Parliament exercises the control by: i.

Questioning the ministers through its members,

ii.

Raising adjournment/cut/censure motions; or

iii.

Debates.

More importantly the Lok Sabha can pass a vote of no confidence against the Council of Ministers, which compels it to resign collectively. Thus the parliament holds the ministers responsible individually & collectively. This critical function of the Parliament ensures a responsive & responsible government.

2.

Law Making

Law making is the primary function of any legislature. The Parliament of India makes laws on all matters included in the Union list & Concurrent list. Of course, the state legislatures, share  with the parliament, the power to make law from the Concurrent list with its prior permission. However under certain special circumstances the Parliament can make law for the states also. E.g.: The special circumstances are: a) Promulgation of Emergency,  b) A resolution passed by Rajya Sabha, with special majority, asking to make law for the states

5

in the national interest, which can remain valid for one year, c) A resolution by two or three states urging upon the Parliament to make law for them on certain items of the State list, d) If there is any international treaty/agreement is to be executed.  An ordinary bill is initiated in either House of Parliament. When both the Houses of Parliament pass it, it becomes law after getting the assent of the President. In case of disagreement by both the chambers of Parliament over an ordinary bill, the President of India summons a joint session of both the chambers presided over by the Speaker of Lok Sabha,  which decides the fate of the bill. 3.

Control over the Budget

The Parliament, particularly, the Lok Sabha exercises substantial functions in the domain of finance. The legislature of any responsible system of Government has to ensure that public funds are raised & spent with its consent & control. The Constitution of India has armed the union Parliament, more particularly the Lok Sabha, to exercise greater control over the National finance. The executive or the Government of the nation has no authority to spend any money on its own without the approval of the Parliament. Every financial year, the budget prepared by the Finance Minister is presented in the Lok Sabha for its approval.  Any proposal for levying new taxes or for expenditure needs the sanction of the Parliament. There are also two very important Committees of the Parliament, known as: i.

Public Accounts Committee,

ii.

Public Estimates Committee; and

iii.

Comptroller & Auditor General –  a Constitutional authority appointed by the President, who examine the legality of expenditure & place a report for discussion in the Parliament.

However it may be noted that Lok Sabha enjoys the exclusive power to control the national finances. The Rajya Sabha has no role to play in such a field, i.e.: A Money Bill can only be introduced in the Lok Sabha – after it is passed there, it is sent to the Rajya Sabha  which has to return the Bill within fourteen days with or without its recommendations – which may or may not be accepted by the Lok Sabha. Failure to return the bill within the specified time of 14 days deems it to be approved by the Rajya Sabha by default.

4.

Constituent Functions

Parliament is the only body, under the constitution, to initiate any p roposal for amendment of the constitution. A proposal for amendment can be initiated in either House of Parliament. The bulk of such proposals are approved finally when passed by both the chambers with special majority of two-thirds of its members. However some provisions require the approval of at least half of

6

the states, after they are passed by the Parliament with required majority.

5.

Electoral Functions

The Parliament has some electoral functions to perform. It takes part in the election of the President & the Vice-President of India. It also elects various members to its committees, and the Presiding & Deputy presiding officers.

6.

Judicial Functions

The judicial functions of the Parliament are no less significant. It has the power to impeach the President, the Vice-President, the judges of the Supreme Court and the High Court, the Chairman & members of the Public Serv ice Commission’s of the Union &   the States, as well as the Comptroller & Auditor General. Impeachment is a judicial trial of the legislature to remove high Constitutional authorities after such a proposal is passed with required majority. It can also

punish its members and officials for its contempt’s . This power is not subject to review of the court.

7.

Raising Deliberations

As an organ of information the Parliament has a formidable role to play. All the important administrative policies are discussed on the floors of the Parliament. So that not only the Cabinets gets the advice of the Parliament & learns about its lapses but the nation as a whole is enlightened about serious matters of public importance. This undoubtedly contributes to the growth of political consciousness in the minds & hearts of the people.

8.

Representational Role

9.

Educational Role

10.

Informational Functions

11.

Training and Recruitment of Leadership;

Apart from other miscellaneous functions.5 i. http://www.preservearticles.com/201104235915/7-essential-functions-of-the-parliament-of-india.html ii. http://www.indianetzone.com/45/functions_indian_parliament.htm

5 Ibid., p.25

7

 ACKNOWLEDGMENTS First & foremost, I would like to tha nk GGSIPU & ALSD for providing me with the facilities to ear n a degree in the higher education field of Law & Legal Studies. I would then like to thank Professor Ashutosh Hajela, who is not only just my teacher, but is also my mentor & guide, in Constitutional Law – the field in which I would like to major. Thank you Sir, for your wonderfully interactive classes, and all your support & words of encouragement. Last, but not the least, I am grateful to my parents for providing me with the opportunity to have a quality education at every stage of my life - a privilege that is not bestowed upon many unfortunate souls, world-over. BIBLIOGRAPHY & REFERENCES i.

LAUNDY, PHILIP: Parliaments in the Modern World. Hants (England), Dartmouth 1989, p.1.

ii.

"Our Parliament"; Indian Parliament (parliament.nic.in)

iii. iv.

SAYEED, P.M.: ‘Parliament –A Multi-Functional Institution’ in Fifty Years of Indian Parliament by G.C. Malhotra. New Delhi, Lok Sabha Secretariat, 1992. p.24.

v. vi. vii.

http://www.meritnation.com/ask-answer/question/why-do-we-need-a-parliament-what-are-the-functionso/social-science/6843906?mncid=DynamicSA_AA&gclid=CMWm26WHnL0CFaI34gody3gAXw http://www.preservearticles.com/201104235915/7-essential-functions-of-the-parliament-of-india.html http://www.indianetzone.com/45/functions_indian_parliament.htm

8