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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