Role Of Parliament

The Constitution of India, unique in its contents and spirit, provides for a parliamentary form of government both at the center (Article 74 and 75) and in the states (Article 163 and 164). Modern democratic governments are classified into parliamentary and presidential on the basis of the nature of relations between the executive and the legislative organs of the government.

 

Parliamentary Form of Government: A parliamentary form of government is one in which the legislature holds the executive branch accountable for its policies.

 

Presidential Form of Government: A presidential system of government is one in which the executive branch is not accountable to the legislative for its decisions. According to the constitution, the executive branch is independent of the legislature during the legislative session.

 

•    The parliament is discussed in Chapter II of Part V of the Indian Constitution, which runs from Article 79 to Article 122.

 

•    The Council of States (Rajya sabha) and the House of the People (Lok Sabha), which shall be called respectively as the Council of States and the House of the People, shall constitute the Union's Parliament, in accordance with Article 79.

 

•    The Lok Sabha is the Lower House that represents the people of India as a whole, and the Rajya Sabha is the Upper House that represents the states and union territories of the Indian Union.

 

•    The members of the Lok Sabha are directly elected by the people in elections based on the concept of universal adult franchise, whereas the members of the Rajya Sabha are chosen by the elected representatives of state legislative assemblies.

 

The Indian Parliament has broad authority to carry out a wide range of tasks in order to execute the constitutionally anticipated duty. The following categories can be used to group its abilities and tasks:

 

1.    Legislative Functions and Powers

2.    Executive Functions and Powers

3.    Financial Functions and Powers

4.    Constituent Functions and Powers

5.    Judicial Functions and Powers

6.    Election Functions and Powers

7.    Other capabilities and duties. 

 

On the issues included in the Union List, only the Parliament has the authority to enact laws.

 

Both the state legislatures and the Parliament have the authority to enact laws regarding the topics included in the concurrent list. However, in the event of a disagreement, the laws of the Parliament take precedence over those of the states, or vice versa.

 

The constitution further gives the Parliament the authority to enact laws on the topics included in the State List in the following unusual situations:-

1.    When the Rajya Sabha adopts a resolution to that effect (by a 2/3 majority of the MPs present and voting).

 

2.    While a National Emergency Proclamation is in effect.

 

3.    When the Parliament receives a combined request from two or more states under Article 252.

 

4.    When it is essential to put international treaties, conventions, and accords into effect.

 

5.    When the state is under President's Rule (Article 356).

 

Additionally, it has the authority to enact laws on residuary matters (topics not covered by the first three categories).

 

Additionally, the Parliament must accept all ordinances issued by the President (during the break in the legislature) within six weeks after the legislature's reconvening.

 

Being a parliamentary system of government, the Parliament has many tools at its disposal to exert control on the Executive, including question periods, zero hours, motions for adjournment, motions for no-confidence, etc.

 

With the aid of numerous committees, including committees on government assurance and subordinate legislation, it also monitors the Executive's operations.

 

The following are additional ways the Lok Sabha might demonstrate its lack of confidence in the administration:

•    By declining to adopt a motion of appreciation for the President's inauguration speech.

•    By refusing a bill of exchange.

•    By adopting a motion of censure.

•    By overturning the administration on a crucial subject.

•    Through a cut action.

•    By approving a motion for adjournment.

 

The Executive is not permitted to levy or collect taxes or make purchases without the consent and authorization of Parliament.

 

Every year, the Cabinet presents the Union Budget to the Parliament for approval.

 

With the aid of its financial committees, it also carefully examines governmental spending and financial performance. These include the committees on public undertakings, estimates, and public accounts.

 

The parliament is empowered to change the constitution by adding new provisions, changing existing ones, or repealing entire sections.

 

Any proposal for a constitutional amendment must be started by parliament.

 

A bill may be introduced in either House of Parliament for revision.

 

The Parliament has three options for changing the Constitution:

(a)By simple majority: A majority of the members present and voting in each House is referred to as a simple majority.

 

(b) By special majority: Under this procedure, legislation must be approved by two-thirds of the members present and voting in each House as well as a majority of the House.

 

(c) By special majority but with the consent of half of all the state legislatures: The special majority in each chamber must approve such bills in order for them to become law. Also necessary is the approval of the law by at least half of the state legislatures.

 

The following are some of the judicial duties and powers of the parliament. It has the authority to remove the president for constitutional violations.

 

The Vice President may be dismissed from his position.

 

Additionally, it may suggest to the Indian president the dismissal of the chief election commissioner, comptroller, auditor general, and justices of the Supreme Court and high courts, including the chief justice.

 

It has the authority to retaliate against its own members or outsiders for disrespecting it or violating its privileges.

 

Both the president and the vice president are chosen by the members of the House of Representatives.

 

While the Rajya Sabha elects its Deputy Chairman, the Lok Sabha elects its Speaker and Deputy Speaker.

 

In addition, the Parliament has the power to pass laws governing the elections for the positions of President and Vice-President, as well as for both Houses of Parliament and the state legislature.

 

It has the authority to talk on matters with broad national and international implications. In this context, the antagonism is significant.

 

It can establish a common high court for two or more states and regulate the structure, authority, and jurisdiction of the Supreme Court and high courts.

 

It has the authority to change the size, the boundaries, and the names of the Indian Union's states.

 

It may abrogate or establish state legislative councils based on the recommendations of the relevant state legislative assemblies.

 

All three forms of declared emergencies national, state, and financial can be put into effect by this body.

 

•    Eight of the 13 bills that were introduced during this session were enacted, and not a single one of them was referred to a parliamentary committee for review.

 

•    Within a short period of time, many significant bills were submitted and passed. For instance, the Mines and Minerals (Development and Regulation) Amendment Bill of 2021 and the Government of National Capital Territory of Delhi (Amendment) Bill of 2021.

 

•    Instead of being interpreted as a sign of speed, this quick work should be seen as an indication of Parliament's dereliction of its responsibility to carefully review Bills.

 

•    From the 14th Lok Sabha (2004–2009) to the current one, a much lower percentage of bills were referred to committees.

 

•    For instance, the Insolvency and Bankruptcy Code review committee recommended numerous revisions to improve the Code's functionality, all of which were included in the final statute.

 

Over the past few years, the Finance Bills have included a number of unrelated subjects like changes to the foreign contribution statute, the introduction of electoral bonds, and tribunal reorganisation.Bypassing the Rajya Sabha.

 

•    The Union Budget was submitted, debated, and approved during this session. The Lok Sabha must approve the expenditure budget for each department and ministry under the terms of the Constitution.

 

•    Only three of the five ministries' budgets that the Lok Sabha had nominated for in-depth consideration were actually reviewed, the remaining 76% of the total budget was approved without any debate.

 

•    The House of the People shall, as soon as may be, appoint two members of the House as Speaker and Deputy Speaker, respectively, in accordance with Article 93 of the Constitution.

 

•    Normally, the Deputy Speaker is chosen within a few months of the new Lok Sabha's establishment, however the position went unfilled for about two years.

 

As the representative body that scrutinizes the actions of the government, the parliament plays a crucial role in our democracy. It is also anticipated that it will thoroughly review all legislative measures, comprehend the intricacies and ramifications of the clauses, and choose the best course of action. Parliament must operate efficiently if it is to carry out its constitutional duties. It will be necessary to establish and adhere to procedures for this, such as setting up a system of research assistance for lawmakers, giving them enough time to consider concerns, and mandating that committees review all bills and budgets and solicit public input. In conclusion, Parliament must ensure that the government's proposals and actions are sufficiently scrutinized.