15.1. Functions and Roles of the Parliament

i) Controlling the Executive: A very significant function of Parliament is to exercise its control on the Council of Ministers by way of holding it responsible for its acts of omissions and commissions. Article 75(3) expressly states that the Council of Minister remains in office, so long as it enjoys the confidence of the Lok Sabha. The Parliament exercises the control by asking question to the ministers through its members, by raising adjournment motions, cut motions, censure motions or debates. More importantly the Lok Sabha can pass a vote of no confidence against the Council of Ministers, which compels it to resign collectively.

Thus the parliament holds the ministers responsible individually and collectively. This critical function of the Parliament ensures a responsive and responsible government.

ii) Law Making: Law making is the primary function of any legislature. The Parliament of India makes law on all matter included in the Union list and concurrent list (of course the state legislatures share with the parliament the power to make law from the concurrent list with its prior permission.) However under certain special circumstances the Parliament can make law for the states also. The special circumstances are

a. Promulgation of Emergency.

b. A resolution passed by Rajya Sabha with special majority asking to make law for the states in the national interest, which can remain valid for one year.

c. A resolution by two or three states urging upon the Parliament to make law for them on certain items of the State list.

d. If there is any international treaty or agreement is to be executed.

e. When President’s Rule is in operation in a State. An ordinary bill is initiated in either

House of Parliament.

iii) Controlling the Finance: The Parliament, particularly, the Lok Sabha exercises substantial functions in the domain of finance. The legislature of any responsible system of Government has to ensure that public funds are raised and spent with its consent and control. The Constitution of India has armed the union Parliament more particularly the Lok Sabha to exercise greater control over the National finance:

♤ The executive or the Government of the nation has no authority to spend any money on its own without the approval of the Parliament.

♤ Every financial year, the budget prepared by the Finance Minister is presented in the Lok Sabha for its approval.

♤ Any proposal for levying new taxes or any proposal for expenditure needs the sanction of the Parliament.

♤ There are also two very important Committee of the Parliament known as Public Accounts Committee and the Estimates Committee, and Comptroller and Auditor General, a Constitutional authority appointed by the President who examines the legality of expenditure and places a report for discussion in the Parliament.

However it may be noted that Lok Sabha enjoys the exclusive power to control the national finances. The Rajya Sabha has no role to play in such a field.

iv) Deliberations: As an organ of information the Parliament has a formidable role to play. All the important administrative policies are discussed on the floors of the Parliament. So the Cabinets not only gets the advice of the Parliament and learns about its lapses, but the nation as a whole is enlightened about serious matters of public importance. This undoubtedly contributes to the growth of political consciousness on the part of the people.

v) Constituent Functions: Parliament is the only body, under the constitution, to initiate any proposal for amendment of the constitution. A proposal for amendment can be initiated in either House of Parliament. The bulk of such proposals are approved finally when passed by both the chambers with special majority of two-thirds of its members. However some provisions require the approval of at least half of the states after they are passed by the Parliament with required majority.

vi) Electoral Functions: The Parliament has some electoral functions to perform. It takes part in the election of the President and the Vice-President of India. It also elects various members to its committees, and the presiding officers and Deputy presiding officers.

vii) Judicial Functions: The judicial functions of the Parliament are no less significant. It has the power to impeach the President, the Vice-President, the judges of the Supreme Court and the High Court, the Chairman and members of the Public Service Commissions’ of the Union and the States as well, the Comptroller and Auditor General. It can also punish its members and officials for its contempt. This power is not subject to review of the court.