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Parliament is a bi-cameral legislative body composed of elected representatives to control and guide the government. Parliament is a Bi-cameral legislature as it consists of two houses- one in Rajya sabha and another one in Lok sabha. Parliament has the Amending power, which means it has the authority to make laws. And these laws are enforced (if approved by the country’s president) in the entire region. It performs various powers and functions; these are classified into multiple heads :
Legislative functions
Executive functions
Financial powers
Amending /Constituent power
Electoral functions
Judicial function
Other powers.
Let’s discuss the Power and Functions of the Parliament(other than financial and executive functions) in detail:
Legislative Powers
All the subjects in our constitution can be divided into three lists .these lists are:
State lists
Union lists
Concurrent lists
The Parliament can legislate on all matters of union and concurrent lists. The parliamentary laws passed in the concurrent lists are considered superior to the legislative law of the state. In addition, under certain conditions, the Parliament has to amend power and can make laws concerning the state legislature.
These conditions are:
When the Rajya sabha house passes a resolution act.
When Parliament has to implement any agreement, international treaty, or convention.
When a joint request is made to the Parliament by one or more states.
In case a national emergency is in operation.
In case the president’s rule is under operation.
Constituent Powers
Constituent power of the Parliament includes the Amending power, i.e., the authority to amend the constitution and the ability to pass any law. According to this power, only the constitution has the power to initiate the proposal passed for amendment of the constitution. The bill of a proposal for amendment can be passed in either Rajya Sabha or Lok sabha house. There are three types of bills for amendment of the constitution. These three bills require:
Simple majority: The term simple majority stands for the majority of members present in each of the houses and who participate in voting. These bills are passed with the consent of a simple majority.
Special majority: These bills for amendment must be passed by the two-thirds and majority of the members who are present and voting in each of the houses.
Consent of the Majority and half of the state legislature: These bills require the permission of the specialist majority of the members of the houses and at least approval of half of the state legislature.
Electoral Function
The Parliament has the power to participate in the election. The parliament plays an essential role in electing the president and vice-president. The speaker, as well as the deputy speaker of the Lok Sabha, are elected by the Lok Sabha members. Also, the Electoral function gives the members of Rajya sabha the power to elect its deputy chairman.
Judicial Function
The judicial functions are the protection functions performed by the Parliament for smooth and fair regulations of the constitution. The judicial functions aimed to punish, remove or impeach the members for violating any rule or laws and many other cases.
The judicial functions of the Parliament include:
Removal of vice-president
Removal of judges (of Supreme Court and high court)
Punishment to members for misuse or breach of privileges
Impeachment of the president for violating the constitution
Other Powers
The Parliament enforces many other essential powers and functions as well.
Some of these are:
It has the power to participate in discussions about various national and international issues.
It can impose an emergency.
Parliament can expand or scale down the area of any state, alter the boundaries of the state, and change the name of any form.
It can create or abolish state legislature powers.
Conclusion
Parliament, the legislative body, is very significant for the fair political system of the country. It performs various necessary powers like Amending powers, financial powers, and functions like Electoral functions and Judicial functions, which helps better our country’s overall political system. The Parliament prevents authoritarianism as the power to make decisions lies in the hands of the council of ministers. The decisions made in the Parliament are based on the majority, and hence it represents diverse groups.
According to Article 245, the Parliament can make laws for the whole or any particular part of the Indian territory, and a state legislature can make laws for the complete state or any specific part of the state.
