InterviewSolution
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‘Indian Parliament is one of the strongest legislatures of the world ? Review its functions and powers, highlighting this statement |
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Answer» Indian Parliament is one of the strongest legislatures of the world. In India, Parliament means Rajya Sabha, Lok Sabha, and the President. Though the President is not associated with the Parliament directly, but a bill passed by the Parliament, becomes a law only after the President’s consent. Therefore the President is considered an integral organ of the Parliament. The Functions and Powers of Indian Parliament: (i). Law-making : The most important work of the Legislative branch of the government is law-making. Parliament is the Legislature of India. Its main function is law-making. The Parliament can make a law on any subject contained in the union List and the concurrent list. Parliament can also frame laws using its residuary powers on the subjects given in the state list, in some special circumstances. Although laws on the subjects contained in the concurrent list, can be enacted by both, the Indian Parliament and the legislature of the states. If there is any dispute between the law enacted by the Indian Parliament and by the legislature of the state, then finally the law enacted by the Indian Parliament will be implemented and the law enacted by the state legislature will be cancelled. The Parliament can also enact laws on residuary subjects. (ii). To pass the Money Bill : Second important function of the Parliament is to pass money bill. Article 109 describes the procedure of the money bill and it is defined in article 110. Money bill cannot be introduced in the Rajya Sabha. It can be presented only in the Lok Sabha on the recommendation of the President. After it is passed in the Lok Sabha, it is sent to the Rajya Sabha, which has to send it back to the Lok Sabha within 14 days of its receiving, it is mandatory for the Rajya Sabha. In case it is not sent back to the Lok Sabha within 14 days, it will automatically be considered passed by both the houses. (iii). Power of Amendment in the constitution : The Parliament has an important power regarding amendment in constitution. Amendment in the constitution is done in both the houses of the Parliament. And in some sections of the constitution, amendment can be done by the Parliament alone, by simple majority. According to article 3 of the constitution, the Parliament alone can make amendment in the constitution in the issues like to form a new state by merging two or more states, to form a new state, to change the area, boundaries, and names of the existing states, etc, by simple majority. In some sections of the constitution, the Parliament can make amendments by 2/3 majority. There are only some such issues in the constitution in which the consent of half of the legislative assemblies of the states of Indian Union is required for amendment. Constitution amendment bill can be presented in any house. It is necessary that it must be passed by both the houses separately. It means there is no provision of joint session. The bill passed by both the houses, is considered passed only after the President’s assent. (Signature). The President can not refuse his assent on it. (iv). Control over the Executive : According to the constitution, Indian executive or cabinet is accountable to the Parliament. The Parliament can control the executive in many ways, such as: 1. The Parliament through Adjournment Motion, can highlight the faulty policies and work of the government. 2. The members of Parliament can ask the members of the executive, questions and complementary questions about the policies and work of the government. 3. The Parliament can express its protest by not accepting a government bill, by accepting the proposal of curtailment in salary of the ministers or by making such an amendment in any government bill, which is not agreeable to the government, etc. 4. The Parliament can make curtailment in the budget in which case, the cabinet has to resign. 5. The Lok Sabha has the power to dismiss the council of Ministers by passing no confidence motion against it. 6. Electoral powers : The members of Parliament take part in the election process of the President and Vice-President of India. The President is indirectly elected by our electoral college comprising the elected members of both the houses of the Parliament, and the Legislative Assemblies of each of India’s states and Union Territories. In the election process of Vice- President of India, Members of the Lok Sabha and the Rajya Sabha (both elected and nominated members) take part. The Lok Sabha elects its speaker and Deputy Speaker. The Rajya Sabha also elects its Deputy chairman. 7. Power related to Impeachment : The President, judges of the Supreme court and High courts can be impeached by both the houses of the Parliament. Both the houses of the Parliament can dismiss the President by passing an impeachment proposal against him as per the special process mentioned in the constitution. The same way, both of these houses can also dismiss any judge of the Supreme court and High courts by passing a dismissal proposal on the ground of incapability or misconduct. This type of proposal should necessarily be passed in each house with 2/3 majority. On the basis of the above mentioned functions of the Indian Parliament, it can be said that amongst the powerful legislatures of the world, Indian Parliament has a prominent place. |
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