What are the powers of the Indian Parliament? 

1. Introduction

The Indian Parliament is the supreme legislative body of the Republic of India. It plays a vital role in shaping and governing the nation. This article aims to provide an in-depth understanding of the powers vested in the Indian Parliament, with reference to specific articles in the Indian Constitution.

2. Composition of the Indian Parliament

The Indian Parliament consists of two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Rajya Sabha represents the states and union territories, while the Lok Sabha represents the people of India. Together, they form a comprehensive platform for legislative decision-making.

3. Legislative Powers

Under Article 245 of the Indian Constitution, the Parliament has exclusive powers to make laws on matters listed in the Union List. It can also legislate on subjects mentioned in the Concurrent List, in case of inconsistency between state and central laws. Additionally, the Parliament can override state laws if they conflict with a law passed by the Parliament under Article 254.

4. Financial Powers

The Parliament has significant financial powers granted by Article 265. It can impose taxes and regulate the borrowing and expenditure of the government. The annual Union Budget is presented in the Parliament, where members discuss and approve the allocation of funds for various sectors and programs.

5. Executive Powers

While the executive branch is separate from the legislative branch, the Parliament possesses certain executive powers. It has the authority to initiate the process of removing the President or Vice President through impeachment (Article 61). The Council of Ministers is collectively responsible to the Lok Sabha, and the Parliament exercises oversight over the executive through questions, debates, and no-confidence motions.

6. Judicial Powers

Under Article 124, the Parliament has the power to establish and regulate the Supreme Court of India. It can also enact laws related to the jurisdiction, powers, and procedures of the Supreme Court. The Parliament also has the authority to create and dissolve other courts below the Supreme Court, as outlined in Article 247.

7. Amendment Powers

The Indian Parliament possesses the power to amend the Constitution, subject to certain procedural requirements. Article 368 lays down the procedure for amending the Constitution. However, there are certain "basic features" of the Constitution that cannot be altered, as declared by the Supreme Court.

8. Emergency Powers

During times of emergency, the Parliament acquires additional powers. Under Article 352, the President can proclaim a national emergency. This grants the Parliament the authority to make laws on subjects that fall under the purview of the states. The President's rule can also be imposed on states under Article 356, granting Parliament legislative powers in the concerned state.

9. Powers over Union Territories

The Parliament has the power to create, alter, or abolish the legislative assembly or council in Union Territories, as specified in Article 239A. It can make laws for Union Territories without a legislative assembly or council, exercising control over various aspects such as public order, police, and land.

10. Powers over State Legislatures

In certain circumstances, the Parliament can legislate on subjects within the domain of state legislatures. Article 249 allows the Parliament to make laws on matters of national importance, even if these matters are part of the State List, with the consent of Rajya Sabha.

11. Powers over the President

The Parliament holds significant powers concerning the President of India. Under Article 53, the President is elected by an electoral college consisting of the members of both houses of Parliament. The Parliament can also pass a resolution for the removal of the President in case of violation of the Constitution.

12. Powers over the Prime Minister

The Parliament exercises control over the Prime Minister through debates, questions, and votes of confidence. The Prime Minister is appointed by the President but must have the support of the majority in the Lok Sabha. The Parliament can also move a no-confidence motion against the Prime Minister, leading to a change in government.

13. Powers over Council of Ministers

The Parliament has the authority to scrutinize and question the Council of Ministers, ensuring accountability. Members of the Parliament can seek explanations from ministers, hold them responsible for their actions, and demand their resignation. The Parliament's oversight role plays a crucial part in maintaining transparency and good governance.

14. Powers over the Election Commission

The Parliament has powers to regulate the conduct of elections in India. Under Article 324, it can make laws relating to the delimitation of constituencies, preparation of electoral rolls, and the conduct of elections. The Election Commission of India, responsible for overseeing elections, functions under the guidance and supervision of the Parliament.

15. Conclusion

The Indian Parliament wields extensive powers across various domains, ensuring the smooth functioning of the country's governance. From legislation to finance, executive oversight to judicial establishment, the Parliament plays a central role in shaping India's democratic fabric. Its powers, enshrined in specific articles of the Indian Constitution, establish a robust framework for effective governance and decision-making.

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What are the powers of the Indian Parliament? Explain with exact articles

The Indian Parliament, as the supreme legislative body, is vested with significant powers that contribute to the governance and decision-making process of the country. In this article, we will explore the various powers of the Indian Parliament as outlined in the Indian Constitution.

1. Introduction

The Indian Parliament serves as the primary platform for lawmaking and governance in India. Comprising the Rajya Sabha (Council of States) and the Lok Sabha (House of the People), it represents the states, union territories, and the people of India. With its extensive powers, the Parliament plays a pivotal role in shaping the nation.

2. Composition of the Indian Parliament

The Indian Parliament consists of two houses: the Rajya Sabha and the Lok Sabha. The Rajya Sabha represents the states and union territories, while the Lok Sabha represents the people. This composition ensures a comprehensive representation of various regions and interests within the country.

3. Legislative Powers

One of the key powers of the Indian Parliament is its authority to legislate on matters of national importance. Under Article 245 of the Indian Constitution, the Parliament has exclusive powers to make laws on subjects listed in the Union List. These subjects are crucial for the country's governance and include defense, foreign affairs, atomic energy, and inter-state trade, among others.

Additionally, the Parliament can also legislate on subjects mentioned in the Concurrent List. In case of inconsistency between state and central laws on concurrent subjects, the Parliament's legislation prevails. This power is derived from Article 246 and helps in maintaining uniformity and coherence in the legal framework across the country.

Moreover, under Article 254, if there is a conflict between a state law and a law passed by the Parliament on a concurrent subject, the latter prevails. This provision ensures that the Parliament's legislation takes precedence and resolves any inconsistencies that may arise.

4. Financial Powers

The Indian Parliament possesses significant powers concerning the nation's finances. Under Article 265, it has the authority to impose taxes and regulate the borrowing and expenditure of the government. The annual Union Budget, presented in the Parliament, plays a crucial role in allocating funds for various sectors, programs, and initiatives.

The Parliament scrutinizes the budgetary proposals, debates them, and approves the allocation of funds. Through this process, it ensures accountability, transparency, and effective utilization of financial resources for the welfare and development of the country.

5. Executive Powers

Although the executive and legislative branches are separate, the Parliament has certain executive powers. One such power is the authority to initiate the process of removing the President or Vice President through impeachment. As per Article 61, the Parliament can undertake impeachment proceedings if there is a violation of the Constitution or any other valid ground.

Furthermore, the Council of Ministers, headed by the Prime Minister, is collectively responsible to the Lok Sabha. The Parliament exercises oversight over the executive through various means, such as questioning ministers, debates on policies and decisions, and the possibility of passing a no-confidence motion. These mechanisms ensure that the executive remains accountable to the Parliament and ultimately to the people of India.

6. Judicial Powers

The Parliament holds significant powers regarding the establishment and regulation of the judiciary. Under Article 124, it has the authority to create and regulate the Supreme Court of India. This includes enacting laws related to the jurisdiction, powers, and procedures of the Supreme Court.

In addition to the Supreme Court, the Parliament can also establish and dissolve other courts below the Supreme Court, as specified in Article 247. By exercising these judicial powers, the Parliament contributes to the effective functioning of the judicial system and ensures access to justice for all.

7. Amendment Powers

The Indian Parliament possesses the power to amend the Constitution, subject to certain procedural requirements. Article 368 lays down the procedure for amending the Constitution. This power allows the Parliament to adapt the Constitution to changing times, emerging needs, and evolving aspirations of the people.

However, it is important to note that there are certain "basic features" of the Constitution that cannot be altered. The Supreme Court has declared that these basic features, which include principles of secularism, democracy, and the rule of law, form the backbone of the Constitution and are immune to amendments.

8. Emergency Powers

During times of emergency, the Parliament acquires additional powers to address exceptional circumstances. Under Article 352, the President can proclaim a national emergency if there is a threat to the security of the country or any part thereof. This grants the Parliament the authority to make laws on subjects that fall under the purview of the states.

Similarly, under Article 356, the President's rule can be imposed on a state in case of constitutional breakdown or failure of constitutional machinery. This empowers the Parliament to exercise legislative powers in the concerned state until normalcy is restored.

9. Powers over Union Territories

The Parliament exercises powers over Union Territories, which are directly governed by the central government. Under Article 239A, it has the authority to create, alter, or abolish the legislative assembly or council in Union Territories. The Parliament can also make laws for Union Territories that do not have a legislative assembly or council.

These powers enable the Parliament to effectively govern and administer Union Territories, ensuring their development and welfare.

10. Powers over State Legislatures

In certain circumstances, the Parliament can legislate on subjects within the domain of state legislatures. As per Article 249, if the Rajya Sabha declares by a resolution that it is necessary in the national interest, the Parliament can make laws on matters enumerated in the State List. However, such legislation requires the consent of the Rajya Sabha.

This power allows the Parliament to address situations where national interests are at stake, even if the subject falls under the jurisdiction of state legislatures.

11. Powers over the President

The Parliament holds significant powers concerning the President of India. Under Article 53, the President is elected by an electoral college consisting of the members of both houses of Parliament, as well as the members of state legislative assemblies. This ensures that the President is elected by representatives of the people and the states.

Additionally, the Parliament can pass a resolution for the removal of the President if there are grounds for impeachment as per the provisions mentioned in the Constitution. This power ensures accountability and integrity in the highest office of the country.

12. Powers over the Prime Minister

The Parliament exercises considerable control over the Prime Minister, who holds a crucial position in the executive branch. The Prime Minister is appointed by the President but must have the support of the majority in the Lok Sabha. This ensures that the Prime Minister enjoys the confidence of the elected representatives of the people.

Moreover, the Parliament can move a no-confidence motion against the Prime Minister. If the motion is passed, it leads to the resignation of the Prime Minister and the formation of a new government. This power ensures that the Parliament has a say in the composition and functioning of the government.

13. Powers over Council of Ministers

The Parliament has the authority to scrutinize and question the Council of Ministers, which comprises ministers responsible for various portfolios. Members of the Parliament can seek explanations from ministers, hold them responsible for their actions, and demand their resignation if necessary.

By exercising these powers, the Parliament ensures transparency, accountability, and good governance in the functioning of the executive branch.

14. Powers over the Election Commission

The Parliament plays a crucial role in the regulation of elections in India. Under Article 324, it has the power to make laws relating to the delimitation of constituencies, preparation of electoral rolls, and the conduct of elections. The Election Commission of India, responsible for overseeing elections, functions under the guidance and supervision of the Parliament.

These powers empower the Parliament to maintain the integrity, fairness, and smooth functioning of the electoral process, which is fundamental to the democratic fabric of the country.

15. Conclusion

The Indian Parliament holds extensive powers that contribute to the governance, decision-making, and functioning of the country. From legislative authority to financial control, executive oversight to judicial establishment, the Parliament plays a central role in shaping India's democratic system.

Through specific articles in the Indian Constitution, the powers of the Parliament are clearly defined and established. These powers ensure that the Parliament serves as a strong and effective institution, representing the aspirations, interests, and welfare of the people of India.

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FAQs

1. Is the Indian Parliament the highest legislative body in India? Yes, the Indian Parliament is the highest legislative body in India and plays a vital role in lawmaking and governance.

2. How is the President of India elected? The President of India is elected by an electoral college comprising members of both houses of Parliament and state legislative assemblies.

3. Can the Indian Parliament amend the Constitution? Yes, the Indian Parliament has the power to amend the Constitution, subject to certain procedural requirements.

4. What happens during a no-confidence motion against the Prime Minister? If a no-confidence motion against the Prime Minister is passed, it leads to the resignation of the Prime Minister and the formation of a new government.

5. How does the Parliament ensure transparency and accountability in governance? The Parliament exercises various powers, such as questioning ministers, debates, and oversight, to ensure transparency and accountability in governance.