Parliament Powers and Functions

The Parliament plays a significant role in India's democratic system because it acts as a key legislative institution. It is responsible for the extensive duty of crafting the nation's legislation, policies, and how it is governed. The Parliament reflects the voice of the nation’s citizens, where the elected representatives deliberate and decide on the major policies and issues relating to governance in India. The Constitution of India provides exclusive law-making power to the Parliament. The makers of the Indian Constituted, in their far-sighted view, ensured that the laws affecting all types of matters were presented before the Parliament before they were ultimately passed to become an act. This ensured that the representatives deliberated upon the matters and that everybody’s interest was protected.

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This Story also Contains

1. Historical Background
2. Structure of the Indian Parliament
3. Role of the President
4. Powers of the Indian Parliament
5. Law-Making Process
6. Functions of the Indian Parliament
7. Parliamentary Committees
8. Parliamentary Privileges and Immunities
9. Case Law: Kesavananda Bharati v. State of Kerala (1973)
10. Challenges and Reforms
11. Conclusion

Historical Background

The idea of an Indian parliamentary system goes back to the British colonial period when they created legislatures in the late 19th century, which marked the start of a formal structure for the law-making process. Under this system, two houses were established by The Government of India Act 1919 – The Central Legislative Assembly and The Council of State - thus making it bicameral. Also, The Government of India Act 1935 increased the powers of the legislature and introduced provincial self-government. This has been the case ever since independence. After the dissolution of the Constituent Assembly in 1950, the Parliament succeeded.

Structure of the Indian Parliament

Indian Parliament is bicameral and consists of two houses: the Lok Sabha (House of People) and the Rajya Sabha (Council of States). Since India has a bicameral legislature system, Parliament is divided into two different types:

Lok Sabha

The Lok Sabha is also called the Lower House, and as stipulated in Article 79 of the Indian Constitution, the Lok Sabha is the House of People. The Lok Sabha has a total of 543 seats It also provides for reservations for different classes of society for an adequate and just representation of these classes in the process of Governance and Lawmaking.

Rajya Sabha

Although it is known as the Upper House of Parliament, the Rajya Sabha is really the Council of States according to Article 79 of the Indian Constitution. The President appoints members of the 245-seat Rajya Sabha based on their accomplishments in athletics, literature, the arts, and other sectors.

Role of the President

The Rajya Sabha, Lok Sabha, and state assembly' elected members comprise the Electoral College, which chooses the president. In the case that there is no legislative assembly, the President may dissolve the Lok Sabha, convene a meeting of the House, issue ordinances, and suggest that Money Bills and Financial Bills be introduced in parliament. Additionally, the President signs into law the measures that have been approved by both Houses of Parliament.

Powers of the Indian Parliament

Depending on the nature of the issue at hand, the Indian Parliament's vast array of authorities can be divided into legislative, executive, financial, and judicial categories. The creation of laws is the main duty of the parliament. It passes legislation on a variety of topics, including those on the Union List, Concurrent List, and, occasionally, the State List.

Types of Bills

• Ordinary Bills

Introduced in either chamber on any subject other than money-related ones.

• Money Bills

Introduced only in the Lok Sabha, it was entirely focused on taxes and government spending.

• Financial Bills

Though they can be introduced in either chamber, they resemble money bills.

• Constitutional Amendment Bills

The purpose of these bills is to change the Indian Constitution's provisions. It may be brought before the House of Commons.

Law-Making Process

The legislative process is broken down into many stages to allow for an in-depth examination of the measures that are presented to the House. A measure is submitted to the opposite house for a vote after it has been discussed and approved in one house. The measure also undergoes committee examination and several readings. Following the conclusion of this procedure, the measure is signed into law by the president.

Constitutional Powers

Additionally, the Parliament has constitutional authority to change the Indian Constitution. The Parliament is not granted unrestricted authority over this, and the Constitution may be modified to remove some of these restrictions.

Executive Powers

India's population, through their elected representatives, are the government's ultimate audience and source of questions. In Question Hour, Zero Hour, and Parliamentary debates, the House has the authority to probe and hold the Government responsible for its actions.

Financial Powers

It monitors the nation's financial affairs in terms of the economy. The financial powers of the Indian Parliament comprise an annual budget, authority over public spending, and committee oversight of financial concerns.

Budget Approval Process

The Rajya Sabha only has limited authority to approve the budget; it can only offer recommendations that the Lok Sabha may or may not adopt. The Union Budget is submitted by the governing Government to the Lok Sabha for discussion and voting.

Judicial Powers

Parliament has been granted the authority to exercise judicial functions, such as the removal of judges from the Supreme Court and High Courts for misconduct or incompetence that has been demonstrated.

Table: Powers of the Indian Parliament;

Functions of the Indian Parliament

The Parliament carries out a number of vital tasks that guarantee democracy runs smoothly.

Legislative Function

One of the responsibilities of the Parliament is to draft laws on various subjects in order to represent the will of the people as expressed by their duly elected representatives. This position entails carefully reviewing, debating, and endorsing proposals prior to their formal enactment.

Representative Function

As elected representatives of India's citizens, MPs, on the other hand, stand in for the goals and interests of their constituencies. They would voice issues, and local needs, and would be effective in hearing diverse voices towards a better national discourse; this would make the entire process of making the law effective and balanced towards the total development of the country.

Oversight Function

Parliament scrutinizes and oversees the government in the implementation of policies and programs; committees are very central in this role of scrutinizing the work of the executive and making it accountable.

Committees of Parliament

Detailed examination of legislative proposals and the functioning of the government is done by parliamentary committees such as Standing Committees, Select Committees, and Joint Committees.

Financial Function

Other functions of the Parliament include its approval and scrutiny of the budget and financial policies' implementation, which a government intends to implement geared toward sharing the national resources equitably and treating every sector with consideration. Such resources are then equitably distributed among the education, health infrastructure, railways, etc.

Electoral Function

The Parliament is actively involved in the election of both the President and Vice President of the country. The parliament is also actively involved in the electoral process of the country. The Parliament also takes part in reforming the country’s overall election process. The representatives in the Parliament, in collaboration with the State Assembly representatives, are key players in the selection of the President and Vice President of India. Additionally, the Parliament representatives are chosen during a nationwide election.

Parliamentary Committees

Parliamentary committees are crucial for detailed scrutiny and effective functioning. The Parliamentary committees are entrusted with the examination of key issues which relate to the law-making power and give its report based on the findings. It consists of members both from the ruling party as well as the opposition party ensuring a balance in the process of law-making.

Importance and Types

The job of Parliament is not only complex but also voluminous, and it may not be possible for the house to discuss all the matters and subjects at length. For this purpose, the Parliamentary standing committees play an important role in assisting and scrutinizing the specific subject matters that are placed before them.

• Standing Committees

This committee is set up for specific subject matters, and it ceases to exist once when the task assigned to the committee is completed.

• Joint Committees

This committee has members from both houses who examine particular issues.

Role and Functioning

Regarding bills, policies, and Government actions, the Parliamentary committees and reports advise the Parliament on various issues that play a critical role in providing assistance. Key inputs to the Parliament in the law-making process are recommendations and reports on various issues from Parliamentary committees.

Parliamentary Privileges and Immunities

• There are certain special privileges and immunities enshrined upon the Members of Parliament ensuring the independence and effective functioning of the Parliament and the members of Parliament. The freedom of expression in parliament, protection from legal action inside parliament, and the authority to control internal procedures free from judicial intervention are among the rights guaranteed.

• Members are shielded from undue influence and allowed to carry out their responsibilities without fear of reprisal thanks to privileges. The cases involving breach of privilege are dealt with seriousness and may also lead to disciplinary action, which ensures that the decorum of Parliament is maintained.

Case Law: Kesavananda Bharati v. State of Kerala (1973)

The landmark judgment of the Hon’ble Supreme Court of India in the case Kesavananda Bharati vs State of Kerala is an important judgment that explains the power of Indian Parliament to amend the Constitution. It gave rise to the concept of the “Basic Structure of the Constitution” and identified a part of the Constitution that cannot be amended by the Parliament.

Background of the Case

The case pertained to the land reforms which were implemented in the state of Kerala between 1950-65. These reforms were meant to equitably divide the land among the wealthy landowners and the impoverished and landless people. The reforms in the state of Kerala set a cap on the total amount of land that can owned by individuals and the surplus land will be sold to the Government which will then be redistributed to the poor and landless.
The Kerala Government also placed restrictions on the amount of land that can be owned by religious organizations. Being aggrieved by the same head of the Hindu religious organization Edneer Mutt, the head of the organization Sri Keshvananda Bharati, approached the Supreme Court.

Court's Observations and Rulings

The Supreme Court's ruling established the "Basic Structure Doctrine," which held that while Parliament has extensive powers to amend the Constitution, it cannot alter its basic structure. The court identified elements like the supremacy of the Constitution, secularism, and the separation of powers as part of this basic structure.

Impact of the Case

The judgment of Kesavananda Bharati ensured that some of the basic features of the Constitution would not be violated. This would hence restrict the amending power of the Parliament. The judgment of Kesavananda Bharati has had a profound impact on how the legislative process of the Parliament is undertaken and helps constitutional governance balance room for flexibility and stability.

Challenges and Reforms

The Indian Parliament has to face several challenges that require reforms to be brought about with each changing scenario. The challenges being faced by the Indian Parliament are ample representation of different sections of the society, and ensuring that the interests of every section of the society are represented adequately.

Reforms concentrate on improvement of the process of legislation, transparency, and efforts toward better accountability. These embrace:

Reforms focus on improving the legislative process, enhancing transparency, and ensuring better accountability. These include:

• Strengthening Committees

Enhancing the role and resources of parliamentary committees.

• Improving Debate Quality

allowing additional time for in-depth conversations and arguments.

• Increasing Transparency

putting policies in place to guarantee increased openness in legislative processes.

Conclusion

The Indian Parliament is the centre of the country's democracy because of its robust design, extensive authority, and multitude of responsibilities. It is not only the institution responsible for making laws and watchdog the executive functions being performed, but it is also representative of the diversified voices of the Indian populace through the elected representatives themselves. Although being challenged constantly, there are reforms through which it's being improved to percolate down the crosscurrents of people's aspirations and guarantee that the high ideals of democracy are met while always keeping the constitutional values alive. Thus, a better level of public engagement and contribution in a democracy is correlated with an awareness and respect for the roles and authority of the Indian Parliament. The Indian Parliament is a living example of how seriously democratic principles are taken, always adapting to the needs and goals of its citizens.