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Parliament of India

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Summary of Parliament of India

The Indian Parliament, established post-1947, embodies democratic principles with the power to shape national policies. Comprising the President, Rajya Sabha, and Lok Sabha, it enacts laws, oversees the executive, and exercises financial and constitutional powers. The Rajya Sabha, though possessing fewer powers than the Lok Sabha, serves to ensure comprehensive legislative scrutiny, allow representation experts, and maintain federal equilibrium. Through its functions and structures, the Indian Parliament reflects the nation's commitment to democratic governance, accountability, and equitable representation.

The Indian Parliament comprises the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People).

Yes, a No Confidence motion can only be introduced in the Lok Sabha.

Article 312 of the Indian Constitution grants the Rajya Sabha the authority to authorize Parliament to establish new All-India Services applicable to both the central government and state governments.

Background of Parliament of India

Created after 1947, the Indian Parliament epitomizes democratic values such as citizen participation in decision-making and governance through consent. It signifies the trust of the Indian populace in these principles and holds considerable power as the representative entity of the people. The Parliament plays a crucial role in shaping the nation's policies and laws, reflecting the collective will and aspirations of the diverse Indian society.

Introduction of Parliament of India

The Constitution of India, republican in character and federal in structure, incorporates key elements of the parliamentary system. It establishes a Union Parliament comprising the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People). The Union Executive is composed of members from both houses of Parliament and collectively responsible to the Lok Sabha.

Merits of Parliamentary System

Disadvantages of Parliamentary System

Article 79 : Constitution of the Parliament

Article 80: Composition of Rajya Sabha

Article 81: Composition of Lok Sabha

Presiding Officers of Parliament

Power & Functions of Parliament

  1. Legislative Powers & Function
    • The primary function of Parliament is to enact laws for the governance of the country.
    • Parliament possesses exclusive authority to legislate on subjects listed in the Union List and on residual subjects not listed in any of the three lists.
    • Regarding Concurrent List subjects, Parliament holds overriding powers, ensuring its laws prevail over those of state legislatures in case of conflicts.
    • The Constitution grants Parliament the authority to legislate on State List subjects under 5 circumstances:
      • When the Rajya Sabha passes a resolution to that effect.
      • During a proclamation of National Emergency.
      • Upon joint requests from two or more states to Parliament.
      • To implement international treaties, agreements, and conventions.
      • When the President's Rule is enforced in a state.
    • All ordinances issued by the President during Parliament's recess must receive approval within six weeks of its reconvening.
    • Parliament enacts laws in a basic form and delegates the authority to the Executive to establish detailed rules and regulations within the framework of the parent law. This practice, known as delegated or subordinate legislation, is subject to Parliament's examination of the rules and regulations presented before it.
  2. Executive Powers & Functions
    • The Indian Constitution establishes a parliamentary system of government, where the Executive is accountable to Parliament for its policies and actions.
    • Parliament exercises control over the Executive through various mechanisms such as question hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion, and other discussions.
    • It monitors the Executive's activities through committees like the committee on subordinate legislation,committee on government assurance etc
    • Ministers are collectively responsible to the lower house of Parliament.
    • Each minister is individually responsible for the efficient administration of their respective ministry.
    • Ministers hold office as long as they retain the confidence of the majority in the Lok Sabha.
    • The Lok Sabha can remove the council of ministers from office by passing a no-confidence motion.
    • The Lok Sabha can express lack of confidence in the government through various means:
      • By not passing a motion of thanks on the President’s inaugural address.
      • By rejecting a money bill.
      • By passing a censure motion or an adjournment motion.
      • By defeating the government on a vital issue.
      • By passing a cut motion.
  3. Financial Powers & Functions
    • Parliament holds the authority to levy taxes and approve expenditures by the Executive; no tax can be imposed or collected, and no expenditure can be incurred without Parliament's authorization and approval.
    • The budget is presented to Parliament for its approval, and the enactment of the budget by Parliament legitimizes the government's receipts and expenditures for the upcoming financial year.
    • Parliament oversees the government's financial performance and spending through various financial committees, including the public accounts committee, estimates committee, and committee on public undertakings.
    • These committees examine instances of illegal, irregular, unauthorized, improper usage, wastage, and extravagance in public expenditure.
    • Parliamentary control over the Executive in financial matters operates in two stages:
      • Budgetary control: Before the appropriation of grants through the enactment of the budget.
      • Post-budgetary control: After the appropriation of grants through the three financial committees.
    • The budget follows the principle of annuality, where Parliament allocates funds to the government for one financial year.
    • Unspent money at the end of the financial year returns to the Consolidated Fund of India, adhering to the practice known as the 'rule of lapse.'
  4. Constitutional Powers & Functions
    • Parliament holds the authority to amend the Constitution, allowing for the addition, alteration, or repeal of any provision.
    • Constitutional amendments can be made by Parliament in three ways:
      • By a simple majority.
      • By a special majority.
      • By a special majority, with the consent of half of all state legislatures.
    • The exclusive power to initiate constitutional amendment processes lies with Parliament, not with state legislatures, except in one case.
    • The exception is when a state legislature passes a resolution requesting Parliament for the creation or abolition of a legislative council in the state.
      • Upon receiving the resolution from the state legislature, Parliament enacts a law to amend the Constitution accordingly.
    • The constituent power of Parliament is not unlimited; it is bound by the 'basic structure' of the Constitution as established by judicial interpretations in landmark cases such as the Kesavananda Bharati case in 1973 and the Minerva Mills case in 1980.
  5. Judicial Powers & Functions
    • Parliament possesses the authority to impeach the President in cases of constitutional violations.
    • It holds the power to remove the Vice-President from office.
    • Parliament can recommend the removal of judges, including the Chief Justice, of the Supreme Court and high courts, as well as the Chief Election Commissioner and Comptroller and Auditor General, to the President.
    • It has the ability to punish its members or outsiders for contempt or breach of its privileges.
  6. Electoral Powers & Functions
    • Members of Parliament participate in the election of the President, along with state legislative assemblies, and also in the election of the Vice-President.
    • The Lok Sabha elects its Speaker and Deputy Speaker, while the Rajya Sabha elects its Deputy Chairman.
    • Parliament is vested with the authority to enact laws regulating elections for the offices of the President and Vice-President, as well as elections to both Houses of Parliament and state legislatures. (Laws such as the Presidential and Vice-Presidential Election Act, 1952, Representation of People Act, 1950 & 1951, etc.)
  7. Other Powers & Functions
    • Parliament functions as the highest deliberative body in the country, engaging in discussions on various national and international issues of significance.
    • Parliament's approval is required for all three types of emergencies (national, state, and financial) declared by the President.
    • It has the authority to create or abolish state legislative councils based on recommendations from the respective state legislative assemblies.
    • Parliament can modify state boundaries, increase or decrease state areas, and change state names within the Indian Union.
    • It is empowered to regulate the organization and jurisdiction of the Supreme Court and high courts and can establish a common high court.

Position of Rajya Sabha

The Constitutional position of the Rajya Sabha (as compared with the Lok Sabha) can be studied from three angles:

  1. Equal Status With Lok Sabha
    • Proposing and passing ordinary bills.
    • Introducing and passing bills for amending the Constitution.
    • Proposing and passing financial bills involving expenses from the Consolidated Fund of India.
    • Conducting the election and impeachment processes for the President.
    • Conducting the election and removal of the Vice-President. However, the Rajya Sabha alone can initiate the Vice-President's removal, done through a resolution passed by the Rajya Sabha with a special majority and agreed upon by the Lok Sabha with a simple majority.
    • Recommending the removal of the Chief Justice and judges of the Supreme Court and high courts, Chief Election Commissioner, and Comptroller and Auditor General to the President.
    • Approving ordinances issued by the President.
    • Approving the declaration of all three types of emergencies by the President.
    • Participating in the selection of ministers, including the Prime Minister. According to the Constitution, ministers, including the Prime Minister, can belong to either House but are accountable only to the Lok Sabha.
    • Reviewing the reports of constitutional bodies such as the Finance Commission, Union Public Service Commission, and Comptroller and Auditor General.
    • Expanding the jurisdiction of the Supreme Court and the Union Public Service Commission.
  2. Unequal Status With Lok Sabha
    • Only the Lok Sabha can introduce Money Bills; the Rajya Sabha does not have this authority.
    • The Rajya Sabha cannot amend or reject Money Bills; they must be returned to the Lok Sabha within 14 days, either with or without recommendations.
    • The Lok Sabha has the power to accept or reject all or any of the recommendations made by the Rajya Sabha regarding Money Bills. In either case, the Money Bill is considered passed by both Houses.
    • Financial Bills that do not solely pertain to matters outlined in Article 110 can only be introduced in the Lok Sabha, not the Rajya Sabha. Both Houses hold equal powers regarding the passage of Financial Bills.
    • The Speaker of the Lok Sabha has the final authority to determine whether a particular bill is a Money Bill or not.
    • The Speaker of the Lok Sabha presides over joint sittings of both Houses.
    • In a joint sitting, the Lok Sabha prevails if it has a greater number of members, except when the combined strength of the ruling party in both Houses is less than that of the opposition parties.
    • While the Rajya Sabha can discuss the budget, it does not have the authority to vote on demands for grants, which is the exclusive privilege of the Lok Sabha.
    • Only the Lok Sabha can pass a resolution for the discontinuance of a national emergency, the Rajya Sabha does not have this power.
    • The Rajya Sabha cannot remove the council of ministers through a no-confidence motion, as the council of ministers is collectively responsible only to the Lok Sabha.
    • However, the Rajya Sabha can discuss and critique the policies and activities of the government.
  3. Special Power of Rajya Sabha
    • According to Article 249, the Rajya Sabha has the authority to authorize Parliament to enact laws on subjects listed in the State List.
    • As per Article 312, the Rajya Sabha can authorize Parliament to establish new All-India Services that are applicable to both the central government and state governments.
    • The Rajya Sabha holds exclusive power to initiate the removal of the Vice-President. The Vice-President can be removed by a resolution passed by the Rajya Sabha with a special majority, which must then be agreed upon by the Lok Sabha with a simple majority.

Utility of Rajya Sabha

Although the Rajya Sabha has been endowed with fewer powers compared to the Lok Sabha, its utility is underscored by the following reasons:

Conclusion of Parliament of India

The Parliament of India stands as a symbol of the country's democratic ethos, embodying the aspirations of its people for a better, more inclusive future. As India continues its journey towards socio-economic development and political maturity, the role of Parliament remains paramount. By upholding democratic values, fostering dialogue and consensus-building, and addressing the needs of all citizens, the Indian Parliament can truly fulfill its mandate as the guardian of democracy and the voice of the people.

Prelims PYQS of New Parliament Building

When the annual Union Budget is not passed by the LokSabha (2011)
(a) the Budget is modified and presented again
(b) the Budget is referred to the RajyaSabha for suggestions
(c) the Union Finance Minister is asked to resign,
(d) the Prime Minister submits the resignation of Council of Ministers

Correct Answer :(d) the Prime Minister submits the resignation of Council of Ministers
A deadlock between the LokSabha and the RajyaSabha calls for a joint sitting of the Parliament during the passage of (2012)
1. Ordinary Legislation
2. Money Bill
3. Constitution Amendment Bill
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Correct Answer :(a) 1 only
Consider the following statements:(2012)
1. Union Territories are not represented in the RajyaSabha.
2. It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
3. According to the Constitution of India, the Parliament consists of the LokSabha and the RajyaSabha only.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3
(c) 1 and 3
(d) None

Correct Answer :(d) None
Which of the following special powers have been conferred on the Rajya Sabha by the Constitution of India? (2012)
(a) To change the existing territory of a State and to change the name of a State
(b) To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services
(c) To amend the election procedure of the President and to determine the pension of the President after his/her retirement
(d) To determine the functions of the Election Commission and to determine the number of Election Commissioners

Correct Answer :(b) To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services
What will follow if a Money Bill is substantially amended by the RajyaSabha? (2013)
(a) The LokSabha may still proceed with the Bill, accepting or not accepting the recommendations of the RajyaSabha
(b) The LokSabha cannot consider the Bill further
(c) The LokSabha may send the Bill to the RajyaSabha for reconsideration
(d) The President may call a joint sitting for passing the Bill

Correct Answer :(a) The LokSabha may still proceed with the Bill, accepting or not accepting the recommendations of the RajyaSabha
In the context of India, which of the following principles is/are implied institutionally in the parliamentary government? (2013)
1. Members of the Cabinet are Members of the Parliament.
2. Ministers hold the office till they enjoy confidence in the Parliament.
3. Cabinet is headed by the Head of the State.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Correct Answer :(a) 1 and 2 only
Consider the following statements:(2013)
1. The Chairman and the Deputy Chairman of the RajyaSabha are not the members of that House.
2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer :(b) 2 only
Consider the following statements regarding a No-Confidence Motion in India: (2014)
1. There is no mention of a No-Confidence Motion in the Constitution of India.
2. A Motion of No-Confidence can be introduced in the Lok Sabha only.
Which of the statements given above is / are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer :(c) Both 1 and 2
The power to increase the number of judges in the Supreme Court of India is vested in ( 2014)
(a) the President of India
(b) the Parliament
(c) the Chief Justice of India
(d) The Law Commission

Correct Answer :(b) the Parliament
Which of the following is/are the exclusive power(s) of Lok Sabha? (2022)
1. To ratify the declaration of Emergency
2. To pass a motion of no-confidence against the Council of Ministers
3. To impeach the President of India
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 3 only

Correct Answer :(b) 2 only
Rajya Sabha has equal powers with Lok Sabha in ( 2020)
(a) the matter of creating new All India Services
(b) amending the Constitution
(c) the removal of the government
(d) making cut motions

Correct Answer :(b) amending the Constitution
A Parliamentary System of Government is one in which (2020)
(a) all political parties in the Parliament are represented in the Government
(b) the Government is responsible to the Parliament and can be removed by it
(c) the Government is elected by the people and can be removed by them
(d) the Government is chosen by the Parliament but cannot be removed by it before completion of a fixed term

Correct Answer :(b) the Government is responsible to the Parliament and can be removed by it
The main advantage of the parliamentary form of government is that ( 2017)
(a) the executive and legislature work independently.
(b) it provides continuity of policy and is more efficient.
(c) the executive remains responsible to the legislature.
(d) the head of the government cannot be changed without election.

Correct Answer :(c) the executive remains responsible to the legislature.
The Parliament of India exercises control over the functions of the Council of Ministers through ( 2017)
1. Adjournment motion
2. Question hour
3. Supplementary questions
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Correct Answer :(d) 1, 2 and 3
The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the (2016)
(a) Lok Sabha by a simple majority of its total membership
(b) Lok Sabha by a majority of not less than two-thirds of its total membership
(c) Rajya Sabha by a simple majority of its total membership
(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Correct Answer :(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Consider the following statements: (2015)
1. The Rajya Sabha has no power either to reject or to amend a Money Bill.
2. The Rajya Sabha cannot vote on the Demands for Grants.
3. The Rajya Sabha cannot discuss the Annual Financial Statement.
Which of the statements given above is/are correct?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3

Correct Answer :(b) 1 and 2 only

Main PYQS of New Parliament Building

Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power.” In the light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power? ( 2019)
The Supreme Court of India keeps a check on arbitrary power of the Parliament in amending the Constitution. Discuss critically. ( 2013)

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