Multifunctional Role of Parliament

(The Heart and Soul of Indian Democracy)

“In the Indian polity, Parliament is not just a law-making body;
it is the nerve centre of governance — legislative, executive, financial, constitutional, and even judicial.”

The Sevenfold Role of Parliament

Function	Essence	Constitutional Foundation
1️⃣ Legislative	Law-making power over Union, Concurrent & residuary subjects	Arts. 245–248, 249–252
2️⃣ Executive	Control & accountability of the Council of Ministers	Art. 75(3)
3️⃣ Financial	Control over taxation, expenditure, and audit	Arts. 110–117, 266–267
4️⃣ Constituent	Power to amend the Constitution	Art. 368
5️⃣ Judicial	Impeachment, removal, contempt powers	Arts. 61, 67, 124(4), 217, 324, etc.
6️⃣ Electoral	Participation in Presidential & Vice-Presidential elections	Arts. 54–66
7️⃣ Miscellaneous / Deliberative	Creation of states, emergency approval, high courts, etc.	Arts. 3, 352, 356, 360, 214, 231, etc.

1. Legislative Powers & Functions

“The first and foremost function of Parliament is to make laws — the visible output of invisible democracy.”

📘 Parliament can legislate on:

1. Union List – Exclusive jurisdiction (currently 98 subjects).
2. Concurrent List – Shared with states, but Union law prevails in conflict (Art. 254).
3. Residuary Subjects – Not enumerated in any list (Art. 248).

⚙️ Parliament can also legislate on State List in 5 exceptional cases:

Circumstance	Article	Example
1️⃣ Rajya Sabha resolution declaring national interest	Art. 249	Creation of All-India Services
2️⃣ During National Emergency	Art. 250	Defence, law & order, etc.
3️⃣ Two or more States request Parliament	Art. 252	Wildlife Protection Act
4️⃣ To implement international treaties or agreements	Art. 253	WTO-related laws
5️⃣ During President’s Rule in a State	Art. 356	Parliament assumes legislative powers

⚖️ Ordinances

All Presidential ordinances (Art. 123) must be approved by Parliament within 6 weeks of reassembly.
Otherwise, they cease to operate.

🧩 Delegated Legislation

Parliament often passes skeleton laws, leaving details to the Executive — called delegated/ subordinate legislation.
These are tabled before Parliament for review.

2. Executive Powers & Functions

“In a parliamentary system, the Executive is the child of the Legislature and remains answerable to it.”

⚙️ Executive Accountability Tools:

Instrument	Purpose
Question Hour	To elicit information
Zero Hour	To raise urgent issues
Half-hour & Short Duration Discussions	To seek clarifications
Calling Attention & Adjournment Motions	To draw ministerial accountability
Censure & No-confidence Motions	To test majority support

💡 Collective Responsibility (Art. 75(3))

• The Council of Ministers is collectively responsible to Lok Sabha.
• If Lok Sabha withdraws confidence → government must resign.

📍 Individual Responsibility

Each Minister is individually responsible for the administration of their department.

🧭 Parliament’s Control over Executive

• Through motions, cut motions, committees, and discussions.
• Committees like:
  • Committee on Government Assurances
  • Committee on Subordinate Legislation
  • Committee on Petitions

🗳️ Loss of Confidence Implied By:

• Rejection of Motion of Thanks
• Defeat of a Money Bill
• Passing a Censure or Adjournment Motion
• Defeat on any vital issue or cut motion

💬 So we can say:

“The first duty of Parliament is to choose the government,
support it while it deserves confidence,
and dismiss it when it does not.”

3. Financial Powers & Functions

“No taxation without representation” — Parliament is the guardian of the public purse.

💰 Parliament’s Financial Powers:

1. No tax can be imposed or collected without Parliament’s sanction.
2. No expenditure can be incurred without its approval.
3. Budget (Annual Financial Statement) is laid before both Houses (Art. 112).

📊 Two-stage control:

Stage	Nature	Example
Pre-budgetary control	Before appropriation – scrutiny of proposals	Budget enactment, cut motions
Post-budgetary control	After spending – audit & review	PAC, Estimates, COPU

🧮 Financial Committees

1️⃣ Public Accounts Committee (PAC) – examines CAG reports, audits irregularities.
2️⃣ Estimates Committee – suggests improvements in efficiency and economy.
3️⃣ Committee on Public Undertakings (COPU) – reviews functioning of PSUs.

📅 Rule of Lapse

• Budget is annual (principle of annuity).
• Unspent money at year-end returns to the CFI.
• Ensures financial discipline but leads to “March Rush.”

4. Constituent Powers & Functions

“The Constitution is not static; Parliament is its living instrument of change.”

⚙️ Parliament’s Amending Powers (Art. 368)

Three types of amendments:

Type	Approval Needed	Examples
By Simple Majority	Ordinary legislative majority	Creation of new states, SC/ST lists
By Special Majority	2/3rd present & voting + majority of total membership	Fundamental Rights, DPSPs
By Special + State Ratification	Special majority + ½ states’ consent	Federal provisions (Art. 368(2))

🧩 Exception:

Creation or abolition of a Legislative Council in a state can be initiated by the state legislature (Art. 169).

🚫 Judicial Limitation – Kesavananda Bharati (1973)

Parliament cannot alter the basic structure of the Constitution (e.g., democracy, secularism, separation of powers).

5. Judicial Powers & Functions

“Though not a court, Parliament exercises quasi-judicial powers.”

It can:

1. Impeach the President (Art. 61).
2. Remove the Vice-President (Art. 67(b)).
3. Recommend removal of:
   1. Judges of Supreme Court / High Courts (Arts. 124(4), 217).
   1. CAG (Art. 148).
   1. Chief Election Commissioner / State Election Commissioner (Arts. 324, 243K).
4. Punish for breach of privilege or contempt (Arts. 105–122 implied).

6. Electoral Powers & Functions

Parliament participates in:

• Election of President (along with MLAs) – Art. 54.
• Election of Vice-President – Art. 66.
• Election of Speakers/Deputy Speakers of both Houses.

It also enacts the laws that regulate elections, such as:

• Presidential and Vice-Presidential Elections Act, 1952
• Representation of the People Acts, 1950 & 1951

7. Other Powers & Functions

1️⃣ Serves as the highest deliberative forum on national and international issues.
2️⃣ Approves all three types of emergencies (Arts. 352, 356, 360).
3️⃣ Can create/abolish State Legislative Councils (Art. 169).
4️⃣ Can alter the area, boundaries, or name of states (Art. 3).
5️⃣ Regulates the organisation and jurisdiction of courts (Arts. 131–231).
6️⃣ Can establish a common High Court for two or more states (Art. 231).

💬 Concluding Lines:

“Parliament is not a mere law factory — it is the conscience of the nation.
It makes laws (legislative), controls government (executive), guards the purse (financial), amends the Constitution (constituent), delivers justice (judicial), and represents the people (electoral).
That is why in a parliamentary democracy, Parliament is truly the microcosm of the Indian Republic.”