Functions of the Parliament are listed in Chapter II of Part V of the Indian Constitution, and they may be grouped into numerous categories. Indian Constitution provides for parliamentary government at the national and state levels. The Indian Parliament is a bicameral legislature with two houses, consisting of the Lok Sabha and the Rajya Sabha as well as the President of India. This article explains the Functions of Parliament which are important for the UPSC Civil Service Exam.

Parliament of India

• The Indian Constitution, which came into place on January 26, 1950, establishes a bicameral parliament made up of the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).
• The Parliament is the Union government's legislative body. Due to the parliamentary form of government, commonly referred to as the "Westminster" model of government, being adopted, it has a dominant and important role in the democratic political system of India.
• The Indian Parliament is the country's top legislative body.
• Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the Parliament.

The Functions of Parliament

• The Parliament has a key position and serves a variety of purposes in the "Indian politico-administrative system."
• It has broad authority and carries out a range of duties in order to fulfil the legally mandated job.
• The following categories can be used to group its powers and functions:

1. Legislative Functions
2. Executive Functions
3. Financial Functions
4. Electoral Functions
5. Judicial Functions
6. Constituent Functions
7. Other powers and functions.

Legislative function

• Making laws for the nation's governance is the main duty of Parliament. It has the sole authority to enact legislation on the topics included in the Union List.
• In regards to the Concurrent List, the Parliament has overriding authority, meaning that in the event of a disagreement between its laws and those of the state legislature, the laws of the former take precedence.
• All subjects specified in the Union List and the Concurrent List are subject to legislative action by Parliament.
• When it comes to the Concurrent List, where state legislatures and Parliament share jurisdiction.
• If an emergency is declared or any state is placed under President's Rule (Article 356), the Parliament has the authority to adopt laws on items on the State List.
• According to Article 249, the Parliament can make laws on items on the State List if the Rajya Sabha passes a resolution with a 2/3 majority of its members present and voting that making laws on any item on the State List is required in the national interest.
• It can make laws on State List items if it is essential for the fulfilment of international agreements or treaties with foreign countries, according to Article 253.
• According to Article 252, the Parliament can create laws for those states if the legislatures of two or more states pass a resolution stating that a parliamentary law on any subject included in the State List is desirable.
• The Executive is given the authority to create specific rules and regulations within the confines of the parent legislation by the Parliament, which only makes laws in skeletal form.
• This is referred to as delegated legislation, executive legislation, or subordinate legislation. Such laws and regulations are presented to the Parliament for its examination.

Executive function

• The Indian Constitution created a parliamentary system of governance in which the Parliament holds the Executive accountable for its decisions and actions.
• Hence, the Parliament exercises control over the Executive through question-hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion,censure motion and other discussions.
• With the aid of its committees, such as the committee on government assurance, the committee on subordinate legislation, the committee on petitions, etc., it also oversees the Executive's actions.
• The Cabinet (executive) can be removed from power via a vote of no-confidence in Parliament. It has the authority to reject the Cabinet's budget proposal or any other bill. To remove a government from office, a motion of no confidence is approved.
• MPs (Members of Parliament) have the right to question ministers on their commissions and omissions. Any lapses on the government's behalf can be exposed in Parliament.
• Motion to adjourn: The main goal of an adjournment motion, which is only allowed in the Lok Sabha, is to attract the Parliament's attention to any current topic of vital public interest. It is regarded as a unique tool in Parliament since it has an impact on a regular business.
• The Parliament sets a Committee on Ministerial Assurances to investigate whether the ministers' promises to the Parliament have been kept.

Financial Functions

• When it comes to finances, Parliament is the final authority. Without parliamentary approval, the Executive cannot spend a single rupee.
• The Executive is not permitted to levy or collect taxes or make purchases without the consent and authorization of Parliament.
• As a result, the budget is presented to the Parliament for approval.
• The receipts and expenses of the government for the upcoming fiscal year are made lawful by the passage of the budget by the Parliament.
• With the assistance of its financial committees, the Parliament also examines government expenditures and financial performance.
• These include the committees on public undertakings, estimates, and public accounts.
• They highlight instances of wasteful, unauthorised, irregular, and unlawful governmental spending as well as occurrences of these behaviours.
• As a result, there are two steps to the legislative supervision of the Executive in financial matters:
• Budgetary control, which refers to oversight prior to the appropriation of funding through budgetary legislation; and
• Post-budgetary control, or regulation after grants have been appropriated by the three financial committees.
• The Cabinet prepares the Union Budget, which is then presented to Parliament for approval. All tax-imposition plans must also be approved by Parliament.
• The Parliament has two standing committees (the Public Accounts Committee and the Estimates Committee) that monitor how the government spends the money it is given by the legislature.

Electoral Functions

• Along with the state legislative assemblies, the Parliament votes for the President and chooses the Vice President.
• While the Rajya Sabha elects its Deputy Chairman, the Lok Sabha elects its Speaker and Deputy Speaker.
• Additionally, the Parliament has the power to pass laws governing the elections for the positions of President and Vice-President, as well as for both Houses of Parliament and the state legislature.
• As a result, the Representation of People Act (1950), the Presidential and Vice-Presidential Election Act (1952), and other laws were passed by Parliament.

Judicial Functions

• If members of the House violate their privileges, the Parliament has the authority to penalise them.
• When one of the MPs' privileges is violated, it is referred to as a breach of privilege.
• In most cases, the ability of Parliament to punish its members is not susceptible to judicial review.
• Other judicial powers of Parliament include the ability to impeach the President, Vice President, Supreme Court and High Court justices, the Auditor-General, and others.

Constituent Powers and Functions

• The authority to add to, amend, or repeal any provision of the Constitution is granted to the Parliament.
• With a special majority, or a majority of each House's total membership and not less than two thirds of the members present and voting in each House, the Parliament may modify the majority of the Constitution.
• By a simple majority, or a majority of the members present and voting in each House of Parliament, certain additional sections of the Constitution may be modified by the Parliament.
• Only a few provisions of the Constitution can be amended by Parliament (using a special majority) and with the approval of at least half of the state legislatures (by simple majority).
• However, the ability to commence the process of amending the Constitution (in all three situations) rests solely with Parliament, not the state assembly.
• There is one exception: the state legislature may approve a resolution proposing that the legislative council in the state be created or abolished by the Parliament.
• Based on the resolution, the Parliament makes an act for amending the Constitution to that effect.
• The constituent authority of Parliament is not boundless; it is constrained by the Constitution's "fundamental structure."
• In other words, the Parliament can change any article of the Constitution to save the "fundamental characteristics."
• The Supreme Court decided on this in the Kesavananda Bharati case (1973), and it was upheld in the Minerva Mills case (1980).

Other Powers and Functions

• Parliament acts as the country's highest deliberative body. It addresses a variety of national and international concerns.
• It authorises all three categories of emergencies declared by the President (national, state, and financial).
• On the suggestion of the relevant state legislative assemblies, it can establish or dissolve state legislative councils.
• It has the authority to change the extent, the borders, and the names of Indian Union states.
• It has the authority to govern the organisation and jurisdiction of the Supreme Court and high courts, as well as to form a joint high court for two or more states.

Significance of parliament

• The Parliament debates matters of national and international importance. In this regard, the opposition plays a vital role in ensuring that the country is aware of alternative opinions.
• The parliamentary system of governance allows people from a wide range of ethnic, racial, linguistic, and ideological backgrounds to participate in the formulation of laws and policies.
• A Parliament is frequently referred to as a "mini-nation."
• In a democracy, the Parliament is responsible for debating important issues before legislation or resolutions are passed.
• The Parliament has the authority to change, reduce, or expand the boundaries of states and UTs.
• Parliament also serves as a source of information. When members of the Houses demand information, ministers are obligated to disclose it.

Ineffectiveness of Parliament

• In India, parliamentary authority over the government and administration is more theoretical than actual. In reality, the control is less effective than it should be.
• The Parliament lacks both time and expertise to manage an administration that has expanded in both volume and complexity.
• The technical nature of grant requests impedes Parliament's budgetary supervision. Because they are lay people, MPs cannot really comprehend them.
• The Executive has legislative leadership and plays a vital role in policy formulation.
• The Parliament is far too huge and unmanageable to be functional.
• The Executive's overwhelming backing in Parliament limits the likelihood of meaningful criticism.
• Financial committees, such as the Public Accounts Committee, investigate public expenditures after they have been incurred by the Executive. As a result, they do post-mortem work.
• The greater use of the guillotine limited the scope of financial oversight.
• The rise of 'delegated legislation' has limited Parliament's involvement in crafting comprehensive laws while increasing the powers of bureaucracy.
• The president's frequent publication of decrees dilutes Parliament's legislative power.
• The control of Parliament is intermittent, widespread, and largely political in origin.

Recent challenges

• Parliamentary Sessions are shorter: The Parliament's stature and efficiency have been eroded by shorter Parliamentary sessions and lax vetting of bills.
• Scrutiny by the Legislature has weakened: In the budget session, 13 legislation were introduced, 8 of which were passed during the session, and none of the 13 bills were referred to any parliamentary committee for review.
• Marginalisation of Parliamentary Committees: According to PRS Legislative Research, the percentage of bills referred to Departmentally Related Standing Committees (DRSCs) has decreased from 71 percent in the 15th Lok Sabha (2009-14) to 27 percent in the 16th Lok Sabha, and only 14 Bills have been referred to the Parliamentary Committees.
• The Chief Justice has expressed worry about the paucity of intellectuals and attorneys in the House of Representatives.
• As a result, the legal profession and lawyers should broaden their horizons. They should take the initiative and participate actively in social and civic life.
• Less bills are submitted to committees for review: In the current Lok Sabha, just 12% of the government's legal proposals have been referred to committees for review.
• This figure was 27% in the 16th Lok Sabha (2014-19), 71% in the 15th Lok Sabha (2009-14), and 60% in the 14th Lok Sabha (2004-09).
• Growing trend of passing the bills through Voice Votes: A major chunk of the bills in the Parliament are passed using ‘voice voting’, when compared to the much more reliable ‘division voting’ that can record the response of each member, including abstentions. Eg. Jan Vishwas Bill, 2023 and Farm Bills, 2020 were passed by a voice vote despite persistent Opposition protests.
• Parliament's working hours have been reduced: The working hours of the Parliament are being lowered on a daily basis.
• For example, throughout the last decade, the Rajya Sabha has met for fewer than 25% of its planned time.
• Parliament was only in session for 33 days in 2020.
• Using the Money Bill route: Despite the fact that they did not match this category, some major pieces of legislation have been enacted as Money Bills.

Way forward

• Strengthening Committee System: Empower parliamentary committees to play a more active role in scrutinizing legislation, conducting inquiries, and holding the government accountable. Committees should be given more resources, autonomy, and research support to carry out their functions effectively. India should also follow the British practise of referring of all bills except money bills automatically to the parliamentary committees.
• Enhancing Parliamentary Debates: Encourage meaningful debates and discussions in Parliament by allocating sufficient time for deliberations on important issues without discriminating on the basis of party membership.
• Rational Use of Anti-Defection Law: Dinesh Goswami Committee recommended that disqualification under Anti-Defection Law should be only used for major decisions only. For example for passage of No-Confidence Motion,passage of annual budget. MPs should be allowed to express their views independently irrespective of party position.
• Promoting Transparency and Accountability: Enhance transparency in parliamentary proceedings by making information readily accessible to the public. This includes publishing detailed records of debates, votes, committee meetings, and expenditures.
• Capacity Building for MPs and Staff: Provide training and capacity-building programs for MPs and parliamentary staff to enhance their understanding of parliamentary procedures, legislative drafting, and governance issues.
• Intra-party democracy: There is urgent need to promote intra-party democracy. There should be scope for debates and discussions within party (170th Law Commission Report)

Conclusion

The functioning of Parliament has deteriorated over time, which is not a good indication for a healthy democracy. Recently, the Chief Justice of India raised the problem of a lack of debate in legislative assemblies before certain legislation is approved. Parliament, as the representative body that monitors the operations of the government, is critical to our democracy. Parliament must function correctly in order to fulfil its constitutional mandate. Furthermore, rigorous bill study is an essential component of successful legislation. The democratic spirit is weakened when legislation is passed without consulting parliamentary committees.

FAQs

FAQs

MCQs

1. Which of the following is not a function of the Indian Parliament?

A. Lawmaking
B. Judicial review
C. Approving the budget
D. Controlling the executive

2. How does the Indian Parliament exercise control over the executive?

A. By appointing judges
B. Through Question Hour and No-Confidence Motions
C. By passing ordinances
D. By conducting elections

3. Which of the following committees deals with government spending and audits?

A. Estimates Committee
B. Public Accounts Committee
C. Committee on Public Undertakings
D. Rules Committee

4. What is the role of the Rajya Sabha in the Indian Parliament?

A. It plays no role in lawmaking
B. It can only delay money bills
C. It is the sole authority in approving the budget
D. It initiates Constitutional amendments

5. Which of the following motions can be introduced to remove the Council of Ministers?

A. Adjournment Motion
B. Cut Motion
C. No-Confidence Motion
D. Call Attention Motion

GS Mains Questions and Model Answers

1. Discuss the legislative and financial functions of the Indian Parliament. How do these functions ensure effective governance?

Answer: The legislative function of the Indian Parliament involves making laws on subjects listed in the Union and Concurrent Lists. Bills are introduced, debated, and passed in both houses, ensuring democratic participation in lawmaking. Financially, the Parliament controls government expenditure by approving the budget and scrutinizing government spending through committees like the Public Accounts Committee. These functions ensure transparency, accountability, and effective governance by balancing the powers of the executive and ensuring that laws and expenditures reflect the public's interests.

2. Analyze the role of parliamentary committees in enhancing the efficiency of the Indian Parliament.

Answer: Parliamentary committees play a vital role in enhancing the efficiency of the Indian Parliament by allowing for detailed scrutiny of bills, policies, and government spending. Committees such as the Estimates Committee, Public Accounts Committee, and Standing Committees review legislation and budgets more thoroughly than is possible in open parliamentary debates. This division of labor allows for more informed decision-making, helps avoid hasty legislation, and ensures government accountability. Committees work in smaller groups, making them more efficient and ensuring that various aspects of governance are reviewed in detail.

3. Examine the role of the Indian Parliament in ensuring executive accountability through its control mechanisms.

Answer: The Indian Parliament ensures executive accountability through several control mechanisms, such as Question Hour, Zero Hour, motions like the No-Confidence Motion, and parliamentary committees. Question Hour allows MPs to ask ministers questions on government policies, exposing weaknesses and prompting corrective actions. No-Confidence Motions can force the government to resign if it loses the majority's support. Committees such as the Public Accounts Committee scrutinize government spending, while the Estimates Committee reviews budget proposals. These tools maintain the balance of power between the executive and legislature and ensure that the government remains accountable to the people.

Previous Year Questions on Functions of Parliament

1. UPSC CSE Prelims 2021

Question: Which of the following motions can lead to the removal of the government if passed?
A. Adjournment Motion
B. Cut Motion
C. No-Confidence Motion
D. Call Attention Motion

Answer: C

Explanation: The No-Confidence Motion, when passed in the Lok Sabha, forces the Council of Ministers to resign as it shows that the government no longer enjoys the confidence of the majority of the house.

2. UPSC CSE Mains 2020 (GS Paper 2)

Question: "Parliamentary control over the executive is essential for good governance." Discuss the various mechanisms through which the Indian Parliament controls the executive.

Answer: Parliamentary control over the executive is ensured through mechanisms such as Question Hour, No-Confidence Motions, and parliamentary committees. Question Hour allows MPs to ask ministers about government policies and actions, exposing inefficiencies. The No-Confidence Motion can remove the government if it loses the majority's support. Committees like the Public Accounts Committee examine government spending to ensure accountability. These tools prevent the abuse of power, ensure transparency, and promote good governance by making the government answerable to the Parliament.

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