The Parliament of India stands as the supreme legislative body of the world’s largest democracy, embodying the will of its vast and diverse populace. Rooted in the Westminster model, the Indian Parliament is bicameral, comprising the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This architectural design ensures a dual representation: the Lok Sabha directly represents the people through universal adult suffrage, while the Rajya Sabha represents the states and union territories, providing a platform for federal concerns and seasoned deliberation. Beyond its primary function of law-making, the Indian Parliament serves as a vibrant forum for debate, deliberation, and oversight, acting as the ultimate custodian of the nation’s democratic values and aspirations.

The powers and functions vested in the Indian Parliament are expansive and multifaceted, reflective of its pivotal role in the country’s governance structure. It is not merely a legislative factory but also a vital mechanism for executive accountability, financial control, constitutional amendment, and judicial oversight. Its deliberations shape national policy, sanction public expenditure, and uphold the principles of justice and equality. The intricate interplay of its two houses, each with distinct powers and roles, ensures a system of checks and balances, contributing to the stability and adaptability of the Indian democratic framework. Understanding these diverse powers is crucial to appreciating the dynamic nature of Indian governance and the Parliament’s indispensability in upholding the constitutional edifice.

Legislative Powers

The foremost and most fundamental power of the Parliament of India is its legislative authority. Under the constitutional scheme, Parliament has the exclusive power to make laws on subjects enumerated in the Union List (List I of the Seventh Schedule) and has concurrent power with state legislatures on subjects listed in the Concurrent List (List III). Furthermore, it possesses residuary powers, meaning it can legislate on any matter not enumerated in any of the three lists. This extensive legislative domain underscores its supremacy in law-making.

The process of law-making involves the introduction of a bill in either House (except for Money Bills, which can only be introduced in the Lok Sabha). An ordinary bill goes through several stages: introduction, scrutiny by committees, debate, voting, and then passage in both Houses. Once passed by both Houses, it requires the President’s assent to become an Act. The Rajya Sabha, while not having the same financial powers as the Lok Sabha, plays a crucial role in scrutinizing and deliberating ordinary legislation, often acting as a revising chamber and ensuring thorough consideration of bills. In case of a deadlock over an ordinary bill, the Constitution provides for a joint sitting of both Houses, presided by the Speaker of the Lok Sabha, where decisions are taken by a simple majority of the members present and voting. This mechanism ensures that legislative paralysis is avoided while allowing for resolution of differences.

Executive Powers and Control over the Executive

Parliament exercises profound control over the executive, holding the Council of Ministers collectively responsible to the Lok Sabha. This principle, enshrined in Article 75(3) of the Constitution, means that the government must maintain the confidence of the majority of members in the Lok Sabha to remain in power. Should the Lok Sabha pass a no-confidence motion, the entire Council of Ministers, including the Prime Minister, must resign. This is the most potent instrument of parliamentary control.

Beyond the no-confidence motion, Parliament employs various mechanisms to ensure executive accountability and transparency. The ‘Question Hour’ is a crucial period where members can ask questions to ministers about their departments’ functioning and policies, compelling them to provide information and justification. The ‘Zero Hour’, though not mentioned in the Rules of Procedure, is an informal Indian parliamentary innovation where members can raise matters of urgent public importance without prior notice. Other instruments include calling attention motions, adjournment motions (to discuss a definite matter of urgent public importance), censure motions (expressing disapproval of government policy), and various types of resolutions and debates on specific issues or policies. These mechanisms provide avenues for constant scrutiny, ventilation of public grievances, and holding the government answerable for its actions and omissions.

Parliamentary Committees also play a vital role in exercising control over the executive. Committees like the Public Accounts Committee (PAC), Estimates Committee, and Committee on Public Undertakings scrutinize government expenditure, financial allocations, and the working of public sector enterprises. These committees, often bipartisan, delve deep into administrative and financial aspects, presenting reports that can expose irregularities, suggest improvements, and ensure judicious use of public funds. Their recommendations, while not strictly binding, carry significant moral and political weight, influencing government policy and administrative practices.

Financial Powers

The Parliament holds the ‘power of the purse,’ meaning no tax can be levied or collected, and no expenditure can be incurred by the executive without the explicit authorization of Parliament. This fundamental principle ensures parliamentary supremacy over the nation’s finances. The Union Budget, presented annually by the Finance Minister, is the most significant financial document that undergoes detailed parliamentary scrutiny. The budget outlines the government’s revenue and expenditure for the forthcoming financial year, and its approval by Parliament is mandatory.

Money Bills, which deal exclusively with matters like taxation, government borrowing, and appropriation of funds from the Consolidated Fund of India, have a special status. They can only be introduced in the Lok Sabha, and once passed by the Lok Sabha, they are sent to the Rajya Sabha for its recommendations. However, the Rajya Sabha cannot reject or amend a Money Bill; it can only recommend changes, and these recommendations are not binding on the Lok Sabha. If the Rajya Sabha does not return a Money Bill within 14 days, it is deemed to have been passed by both Houses. This constitutional provision reflects the Lok Sabha’s pre-eminence in financial matters, as it directly represents the taxpayers.

Furthermore, Parliament exercises financial control through various grants:

  • Vote on Account: Sanctioning funds for a part of the financial year, usually for two to three months, to allow the government to function until the full budget is passed.
  • Supplementary Grants: Sanctioning additional funds when the amount authorized in the annual budget is found to be insufficient for a particular service.
  • Excess Grants: Funds sanctioned to regularize expenditure incurred in excess of the amount granted for a service during a financial year.
  • Vote of Credit: Granted for meeting an unexpected demand on account of the magnitude or indefinite character of the service.
  • Exceptional Grants: Granted for a special purpose and form no part of the current service of any financial year.

The Parliament also controls public finances through the Comptroller and Auditor General (CAG) of India, whose reports on the accounts of the Union and states are laid before Parliament. These reports are then examined by the Public Accounts Committee, further strengthening parliamentary oversight on governmental spending and financial integrity.

Constituent Powers (Amendment Powers)

The Indian Parliament possesses the power to amend the Constitution, as enshrined in Article 368. This constituent power is crucial for enabling the Constitution to evolve and adapt to changing societal needs and political realities, without resorting to a complete overhaul. However, this power is not absolute, as established by the Supreme Court in the Kesavananda Bharati case (1973), which propounded the ‘Basic Structure Doctrine.’ This doctrine states that Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution.

Constitutional amendments generally require a special majority: a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting. For certain provisions, particularly those affecting the federal structure (e.g., election of the President, extent of executive power of the Union or states, distribution of legislative powers, representation of states in Parliament), the amendment also requires ratification by the legislatures of not less than one-half of the states by a simple majority. Some minor amendments, like those related to the creation of new states or alteration of boundaries, can be made by a simple majority of Parliament, similar to ordinary legislation.

The constituent power allows Parliament to respond to the aspirations of the people, rectify lacunae, and address judicial pronouncements. It ensures the Constitution remains a living document, responsive to the times, while the ‘Basic Structure Doctrine’ safeguards its fundamental principles and democratic ethos from arbitrary changes.

Electoral Powers

Parliament plays a significant role in the electoral process of several key constitutional functionaries. The members of both Houses of Parliament form part of the Electoral College for the election of the President of India. Along with the elected members of the state legislative assemblies, they elect the President through proportional representation by means of the single transferable vote.

The Vice-President of India is elected solely by the members of an electoral college consisting of the members of both Houses of Parliament. This signifies Parliament’s direct role in choosing the second highest constitutional office. Additionally, the Lok Sabha elects its own Speaker and Deputy Speaker from among its members, while the Rajya Sabha elects its Deputy Chairman. These elections are crucial for the internal functioning and leadership of the respective Houses. Parliament also elects members of various Parliamentary Committees, which are essential for its effective functioning.

Judicial Powers

Parliament is vested with certain judicial or quasi-judicial powers, particularly concerning the removal of high constitutional dignitaries and matters related to its own privileges. One of its most significant judicial powers is the impeachment of the President of India for violation of the Constitution. This process is initiated by either House of Parliament, requiring a two-thirds majority of the total membership of that House to pass the resolution, and then it proceeds to the other House for investigation and final passage by a similar majority.

Similarly, Parliament has the power to recommend the removal of Supreme Court and High Court judges, the Chief Election Commissioner (CEC), and the Comptroller and Auditor General (CAG) on grounds of proved misbehaviour or incapacity. This requires a resolution supported by a special majority in each House. This power ensures the accountability of these vital institutions to the people’s representatives. Furthermore, Parliament has the power to punish individuals, including its own members, for breach of privilege or for contempt of the House. This power is essential for maintaining the dignity, authority, and smooth functioning of the legislative body.

Other Important Functions

Beyond the aforementioned categories, the Parliament performs several other crucial functions that underscore its centrality in Indian governance.

  • Approving Proclamations of Emergency: Any proclamation of National Emergency (Article 352), State Emergency (President’s Rule under Article 356), or Financial Emergency (Article 360) issued by the President must be approved by Parliament within a specified period (usually one month for national emergency and two months for state/financial emergency) for its continuation. This parliamentary oversight prevents arbitrary imposition or continuation of emergency rule.
  • Formation of New States and Alteration of Boundaries: Parliament has the exclusive power to form new states, increase or decrease the area of any state, alter the boundaries of any state, or change the name of any state (Article 3). This reflects the federal flexibility embedded in the Indian constitutional structure.
  • Regulating Organisation and Jurisdiction of Courts: Parliament has the power to regulate the organization, jurisdiction, and powers of the Supreme Court and High Courts. For instance, it can increase the number of judges in these courts or define their appellate jurisdiction.
  • Defining Powers, Privileges, and Immunities: Parliament itself has the power to define, from time to time, the powers, privileges, and immunities of its Houses, their members, and committees. This power is crucial for safeguarding the independence and effective functioning of the legislative body.
  • Deliberative and Representative Role: Parliament serves as the supreme forum for deliberation and debate on all matters of national and international importance. It acts as a mirror of public opinion, allowing diverse viewpoints to be expressed, grievances to be aired, and government policies to be critically examined. Members represent their constituencies and articulate the needs and concerns of different sections of society, thus ensuring that the voice of the people is heard and integrated into policy-making.

The Parliament of India, therefore, is far more than a mere law-making body. It is the cornerstone of Indian democracy, a multi-functional institution performing legislative, executive oversight, financial, constituent, electoral, and judicial roles. Its powers are immense, but they are exercised within the constitutional framework, subject to judicial review and the overarching principle of the ‘Basic Structure.’

The Indian Parliament stands as the quintessential institution upholding the principles of democracy, accountability, and the rule of law. Its legislative authority allows it to shape the legal framework of the nation, reflecting societal needs and aspirations. Simultaneously, its robust mechanisms for controlling the executive ensure that the government remains answerable to the people’s representatives, preventing the concentration of power and promoting transparency in governance.

Furthermore, its financial powers are paramount in ensuring fiscal responsibility and the judicious use of public funds, making it the ultimate custodian of the nation’s treasury. The constituent power enables the Constitution to adapt to the changing times, demonstrating the document’s inherent dynamism, while the basic structure doctrine ensures that the core democratic and secular values are preserved. Through its deliberative and representative functions, Parliament serves as a vibrant platform for public discourse, acting as a crucial link between the citizens and the state. The intricate balance of powers among its various functions, combined with the interplay between its two Houses, ensures a comprehensive system of checks and balances vital for the nation’s democratic health.