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hour, half-an-hour discussion, short duration discussion, calling | attention motion, adjournment motion, no-confidence motion, | censure motion and other discussions. It also supervises the |
activities of the Executive with the help of its committees like | committee on government assurance, committee on subordinate | legislation, committee on petitions, etc. |
The ministers are collectively responsible to the Parliament in | general and to the Lok Sabha in particular. As a part of collective | responsibility, there is individual responsibility, that is, each |
minister is individually responsible for the efficient administration | of the ministry under his charge. This means that they continue in | office so long as they enjoy the confidence of the majority |
members in the Lok Sabha. In other words, the council of | ministers can be removed from office by the Lok Sabha by | passing a noconfidence motion. The Lok Sabha can also express |
lack of confidence in the government in the following ways: | (a) By not passing a motion of thanks on the President’s | inaugural address. |
(b) By rejecting a money bill. | (c) By passing a censure motion or an adjournment motion. | (d) By defeating the government on a vital issue. |
Therefore, “the first function of Parliament can be said to be to | select the group which is to form the government, support and | sustain it in power so long as it enjoys its confidence, and to expel |
it when it ceases to do so, and leave it to the people to decide at | the next general election.”23 | 3. Financial Powers and Functions |
No tax can be levied or collected and no expenditure can be | incurred by the Executive except under the authority and with the | approval of Parliament. Hence, the budget is placed before the |
Parliament for its approval. The enactment of the budget by the | Parliament legalises the receipts and expenditure of the | government for the ensuing financial year. |
The Parliament also scrutinises government spending and | financial performance with the help of its financial committees. | These include public accounts committee, estimates committee |
and committee on public undertakings. They bring out the cases | of illegal, irregular, unauthorised, improper usage and wastage | and extravagance in public expenditure. |
Therefore, the parliamentary control over the Executive in | financial matters operates in two stages: | (a) budgetary control, that is, control before the appropriation of |
grants through the enactment of the budget; and | (b) post-budgetary control, that is, control after the appropriation | of grants through the three financial committees. |
The budget is based on the principle of annuity, that is, the | Parliament grants money to the government for one financial year. | If the granted money is not spent by the end of the financial year, |
then the balance expires and returns to the Consolidated Fund of | India. This practice is known as the ‘rule of lapse’. It facilitates | effective financial control by the Parliament as no reserve funds |
can be built without its authorisation. However, the observance of | this rule leads to heavy rush of expenditure towards the close of | the financial year. This is popularly called as ‘March Rush’. |
The Parliament is vested with the powers to amend the | Constitution by way of addition, variation or repeal of any | provision. The major part of the Constitution can be amended by |
the Parliament with special majority, that is, a majority of the total | membership of each House and a majority of not less than two- | thirds of the members present and voting in each House. Some |
other provisions of the Constitution can be amended by the | Parliament with simple majority, that is, a majority of the members | present and voting in each House of Parliament. Only a few |
provisions of the Constitution can be amended by the Parliament | (by special majority) and with the consent of at least half of the | state Legislatures (by simple majority). However, the power to |
initiate the process of the amendment of the Constitution (in all the | three cases) lies exclusively in the hands of the Parliament and | not the state legislature. There is only one exception, that is, the |
state legislature can pass a resolution requesting the Parliament | for the creation or abolition of the legislative council in the state. | Based on the resolution, the Parliament makes an act for |
amending the Constitution to that effect. To sum up, the | Parliament can amend the Constitution in three ways: | (a) By simple majority; |
(b) By special majority; and | (c) By special majority but with the consent of half of all the state | legislatures. |
The constituent power of the Parliament is not unlimited; it is | subject to the ‘basic structure’ of the Constitution. In others words, | the Parliament can amend any provision of the Constitution |
except the ‘basic features’ of the Constitution. This was ruled by | the Supreme Court in the Kesavananda Bharati case (1973) and | reaffirmed in the Minerva Mills case (1980)24 . |
5. Judicial Powers and Functions | The judicial powers and functions of the Parliament include the | following: |
(a) It can impeach the President for the violation of the | Constitution. | (b) It can remove the Vice-President from his office. |
(c) It can recommend the removal of judges (including chief | justice) of the Supreme Court and the high courts, chief | election commissioner, comptroller and auditor general to the |
president. | (d) It can punish its members or outsiders for the breach of its | privileges or its contempt. |
6. Electoral Powers and Functions | The Parliament participates in the election of the President (along | with the state legislative assemblies) and elects the Vice- |
President. The Lok Sabha elects its Speaker and Deputy Speaker, | while the Rajya Sabha elects its Deputy Chairman. | The Parliament is also authorised to make laws to regulate the |
elections to the offices of President and Vice-President, to both | the Houses of Parliament and to both the Houses of state | legislature. Accordingly, Parliament enacted the Presidential and |
Vice-Presidential Election Act (1952), the Representation of | People Act (1950), the Representation of People Act (1951), etc. | 7. Other Powers and Functions |
The various other powers and functions of the Parliament include: | (a) It serves as the highest deliberative body in the country. It | discusses various issues of national and international |
significance. | (b) It approves all the three types of emergencies (national, state | and financial) proclaimed by the President. |
(c) It can create or abolish the state legislative councils on the | recommendation of the concerned state legislative | assemblies. |
(d) It can increase or decrease the area, alter the boundaries | and change the names of states of the Indian Union. | (e) It can regulate the organisation and jurisdiction of the |
INEFFECTIVENESS OF PARLIAMENTARY CONTROL | The parliamentary control over government and administration in | India is more theoretical than practical. In reality, the control is not |
as effective as it ought to be. The following factors are responsible | for this: | (a) The Parliament has neither time nor expertise to control the |
administration which has grown in volume as well as | complexity. | (b) Parliament’s financial control is hindered by the technical |
nature of the demands for grants. The parliamentarians being | laymen cannot understand them properly and fully. | (c) The legislative leadership lies with the Executive and it plays |
a significant role in formulating policies. | (d) The very size of the Parliament is too large and | unmanagable to be effective. |
(e) The majority support enjoyed by the Executive in the | Parliament reduces the possibility of effective criticism. | (f) The financial committees like Public Accounts Committee |
examines the public expenditure after it has been incurred by | the Executive. Thus, they do post mortem work. | (g) The increased recourse to ‘guillotine’ reduced the scope of |
financial control. | (h) The growth of ‘delegated legislation’ has reduced the role of | Parliament in making detailed laws and has increased the |
powers of bureaucracy. | (i) The frequent promulgation of ordinances by the president | dilutes the Parliament’s power of legislation. |
(j) The Parliament’s control is sporadic, general and mostly | political in nature. | (k) Lack of strong and steady opposition in the Parliament, and a |
setback in the parliamentary behaviour and ethics, have also | contributed to the ineffectiveness of legislative control over | administration in India. |
POSITION OF RAJYA SABHA | The Constitutional position of the Rajya Sabha (as compared with | the Lok Sabha) can be studied from three angles: |
1. Where Rajya Sabha is equal to Lok Sabha. | 2. Where Rajya Sabha is unequal to Lok Sabha. | 3. Where Rajya Sabha has special powers that are not at all |
shared with the Lok Sabha. | Equal Status with Lok Sabha | In the following matters, the powers and status of the Rajya |
Sabha are equal to that of the Lok Sabha: | 1. Introduction and passage of ordinary bills. | 2. Introduction and passage of Constitutional amendment bills. |
3. Introduction and passage of financial bills involving | expenditure from the Consolidated Fund of India. | 4. Election and impeachment of the president. |
5. Election and removal of the Vice-President. However, Rajya | Sabha alone can initiate the removal of the vice-president. | He is removed by a resolution passed by the Rajya Sabha |
by an effective majority (which is a type of special majority) | and agreed to by the Lok Sabha by a simple majority. | 6. Making recommendation to the President for the removal of |
Chief Justice and judges of Supreme Court and high courts, | chief election commissioner and comptroller and auditor | general. |
7. Approval of ordinances issued by the President. | 8. Approval of proclamation of all three types of emergencies | by the President. |
9. Selection of ministers including the Prime Minister. Under | the Constitution, the ministers including the Prime Minister | can be members of either House. However, irrespective of |
their membership, they are responsible only to the Lok | Sabha. | 10. Consideration of the reports of the constitutional bodies like |
11. Enlargement of the jurisdiction of the Supreme Court and | the Union Public Service Commission. | Unequal Status with Lok Sabha |
In the following matters, the powers and status of the Rajya | Sabha are unequal to that of the Lok Sabha: | 1. A Money Bill can be introduced only in the Lok Sabha and |
not in the Rajya Sabha. | 2. Rajya Sabha cannot amend or reject a Money Bill. It should | return the bill to the Lok Sabha within 14 days, either with |
recommendations or without recommendations. | 3. The Lok Sabha can either accept or reject all or any of the | recommendations of the Rajya Sabha. In both the cases, the |
money bill is deemed to have been passed by the two | Houses. | 4. A financial bill, not containing solely the matters of Article |
110, also can be introduced only in the Lok Sabha and not in | the Rajya Sabha. But, with regard to its passage, both the | Houses have equal powers. |
5. The final power to decide whether a particular bill is a Money | Bill or not is vested in the Speaker of the Lok Sabha. | 6. The Speaker of Lok Sabha presides over the joint sitting of |
both the Houses. | 7. The Lok Sabha with greater number wins the battle in a joint | sitting except when the combined strength of the ruling party |
in both the Houses is less than that of the opposition parties. | 8. Rajya Sabha can only discuss the budget but cannot vote | on the demands for grants (which is the exclusive privilege |
of the Lok Sabha). | 9. A resolution for the discontinuance of the national | emergency can be passed only by the Lok Sabha and not by |
the Rajya Sabha. | 10. The Rajya Sabha cannot remove the council of ministers by | passing a no-confidence motion. This is because the Council |
of ministers is collectively responsible only to the Lok Sabha. | But, the Rajya Sabha can discuss and criticise the policies | and activities of the government. |
Special Powers of Rajya Sabha | The Rajya Sabha has been given four exclusive or special powers | that are not enjoyed by the Lok Sabha: |
1. It can authorise the Parliament to make a law on a subject | enumerated in the State List (Article 249). | 2. It can authorise the Parliament to create new All-India |
Services common to both the Centre and states (Article | 312). | 3. It alone can initiate a move for the removal of the vice- |
president. In other words, a resolution for the removal of the | vice-president can be introduced only in the Rajya Sabha | and not in the Lok Sabha (Article 67). |
4. If a proclamation is issued by the President for imposing | national emergency or president’s rule or financial | emergency at a time when the Lok Sabha has been |
dissolved or the dissolution of the Lok Sabha takes place | within the period allowed for its approval, then the | proclamation can remain effective even if it is approved by |
the Rajya Sabha alone (Articles 352, 356 and 360). | An analysis of the above points makes it clear that the position | of the Rajya Sabha in our constitutional system is not as weak as |
that of the House of Lords in the British constitutional system nor | as strong as that of the Senate in the American constitutional | system. Except in financial matters and control over the council of |
ministers, the powers and status of the Rajya Sabha in all other | spheres are broadly equal and coordinate with that of the Lok | Sabha. |
Even though the Rajya Sabha has been given less powers as | compared with the Lok Sabha, its utility is supported on the | following grounds: |
1. It checks hasty, defective, careless and ill-considered | legislation made by the Lok Sabha by making provision of | revision and thought. |
2. It facilitates giving representation to eminent professionals | and experts who cannot face the direct election. The | President nominates 12 such persons to the Rajya Sabha. |
PARLIAMENTARY PRIVILEGES | Meaning | Parliamentary privileges are special rights, immunities and |
exemptions enjoyed by the two Houses of Parliament, their | committees and their members. They are necessary in order to | secure the independence and effectiveness of their actions. |
Without these privileges, the Houses can neither maintain their | authority, dignity and honour nor can protect their members from | any obstruction in the discharge of their parliamentary |
responsibilities. | The Constitution has also extended the parliamentary privileges | to those persons who are entitled to speak and take part in the |
proceedings of a House of Parliament or any of its committees. | These include the attorney general of India and Union ministers. | It must be clarified here that the parliamentary privileges do not |
extend to the president who is also an integral part of the | Parliament. | Classification |
Parliamentary privileges can be classified into two broad | categories: | 1. those that are enjoyed by each House of Parliament |
collectively, and | 2. those that are enjoyed by the members individually. | Collective Privileges |
The privileges belonging to each House of Parliament collectively | are: | 1. It has the right to publish its reports, debates and |
proceedings and also the right to prohibit others from | publishing the same. The 44th Amendment Act of 1978 | restored the freedom of the press to publish true reports of |
parliamentary proceedings without prior permission of the | House. But this is not applicable in the case of a secret | sitting of the House. |
2. It can exclude strangers from its proceedings and hold | secret sittings to discuss some important matters. | 3. It can make rules to regulate its own procedure and the |
conduct of its business and to adjudicate upon such matters. | 4. It can punish members as well as outsiders for breach of its | privileges or its contempt by reprimand, admonition or |
imprisonment (also suspension or expulsion, in case of | members).25 | 5. It has the right to receive immediate information of the |
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