Powers and Functions of Parliament

The Parliament is the highest law making authority in the country endowed with a diverse range of powers and functions. Its powers and functions can be classified into the following categories.

1. Legislative Powers and Functions:

The foremost function of the Parliament is law-making. It is authorised to make laws on subjects enumerated in the Union list, Concurrent list, State list and on other residuary subjects. It has the exclusive power to make laws on subjects under the union list. With respect to the concurrent list, both the Parliament and the states can make laws. However, in case of conflict between the two, the Parliamentary law would prevail. The Parliament can make laws on state subjects under the following circumstances.

1. When the Rajya Sabha passes a resolution for the purpose.
2. When National Emergency is in operation.
3. When two or more states request the Parliament.
4. When a state is under the President’s rule.
5. To give effect to international agreements, treaties and other instruments.

2. Executive Powers and Functions:

The political executives are an integral part of the Parliament and are responsible to the Lok Sabha. The Lok Sabha exercises control over the executives through a no-confidence motion, censure motion, adjournment motion, question hour, zero hour, government assurances committee and so on. Thus, the executives enjoy the office as long as they enjoy the support of Lok Sabha.

3. Financial Powers and Functions:

The financial powers and functions of the Parliament include the following.

1. The budget of the union government needs the approval of the Parliament.
2. The Parliament exercises control over the spending of government through Public Accounts Committee, Estimates Committee and Committee on Public Undertakings.
3. No tax can be either levied or collected without the approval of the Parliament.

4. Judicial Powers and Functions:

The Parliament enjoys the following judicial and semi-judicial powers and functions.

1. It can impeachment the President on violating the constitution.
2. It can remove the Vice President from his office.
3. It can recommend the removal of the judges of Supreme Court, High Courts, Chief Election Commissioner and Comptroller and Auditor General of India.
4. It can punish members of Parliament and outsiders for the breach of its privileges and its contempt.

5. Constituent Powers and Functions:

The parliament has the exclusive authority to amend the constitution. It can amend the constitution in three ways such as with simple majority, special majority and a special majority along with the consent of at least half of the states. However, the amending powers of the Parliament are not unlimited. The Parliament can amend the provisions of the constitution without affecting its basic principles or basic structure.

6. Electoral Powers and Functions:
7. The Parliament takes part in the Presidential election along with the State Legislative Assemblies.
8. It elects the Vice President.
9. It is authorised to enact laws to regulate elections to the offices of President and Vice President.
10. It is authorised to enact laws to regulate elections to both the houses of Parliament and the State legislatures.
11. It elects the Speaker and Deputy Speaker of Lok Sabha and the Deputy Chairman of Rajya Sabha.

7. Other Powers and Functions:
8. It can alter the boundaries of the states and the union territories.
9. It can regulate the jurisdiction of the Supreme Court and the High Courts.
10. It can change the names of states.
11. It approves all three types of emergencies such as the National Emergency, State Emergency and Financial Emergency proclaimed by the President.
12. It approves or rejects the ordinances promulgated by the President.