The Multifunctional Role of Parliament in India: Legislative and Executive Powers- (Part 01)

In India’s political system, Parliament plays a vital role with diverse powers and functions. It is primarily responsible for making laws and overseeing the Executive. This article explores Parliament’s legislative and executive roles, highlighting its key responsibilities and mechanisms of accountability.

The Multifaceted Role of Parliament

Central Role of Parliament: In the ‘Indian politico-administrative system,’ the Parliament holds a central position and plays a diverse role. 

• Overview of Parliamentary Powers and Functions: It has broad powers and carries out various functions in line with its constitutionally assigned responsibilities. 
• These powers and functions can be categorized as follows:

Legislative Powers and Functions

• Core Function of Parliament: The main role of Parliament is to create laws that govern the country. 
• Exclusive Authority over the Union List: It holds exclusive authority to legislate on subjects listed in the Union List, which currently contains 98 subjects (originally 97). 
• Powers over Residual Subjects: It has power over residual subjects not covered in any of the three lists.
• Overriding Authority in the Concurrent List: In the Concurrent List, which presently comprises 52 subjects (originally 47), Parliament has overriding powers. 
  • This means that if there’s a conflict between laws made by the state legislature and Parliament, the latter’s law takes precedence.
• Circumstances for Legislation on State List Subjects: The Constitution empowers Parliament to legislate on State List subjects (currently 59, originally 66) under specific circumstances, including
• When the Rajya Sabha passes a resolution
• During a National Emergency, 
• Upon a joint request from two or more states
• To implement international agreements, treaties, and conventions
• When the President’s Rule is in effect in a state.
• Approval of Presidential Ordinances: Any ordinances issued by the President during Parliament’s recess must receive approval within six weeks of its reassembly. 
• • Failure to do so renders the ordinance inoperative.
• Framework for Law-Making: Parliament typically formulates laws in a broad framework and authorizes the Executive to create detailed rules and regulations within that framework. 
• Delegated Legislation: This process, known as delegated legislation or executive legislation, involves presenting these rules and regulations to Parliament for examination.

Ordinances

• Presidential Authority to Promulgate Ordinances: The Constitution under Article 123 permits the President to promulgate an Ordinance when: 
  • Parliament is not in session, and 
  • Immediate action is required. 
• Legal Effect and Timeframe: These Ordinances have the effect of law. 
  • However, Ordinances are required to be approved by Parliament within six weeks of the commencement of the next session of Parliament, otherwise, they lapse. 
• Statistics on Ordinance Issuance: In the 16th Lok Sabha, 55 Ordinances were issued on various subjects including land acquisition and demonetisation. 
• Disapproval Resolution by Parliament: At the time of introduction of the Bill replacing the Ordinance, a member may table a resolution disapproving the introduction of the Ordinance. 
•  Lapse of Ordinance: If a resolution disapproving the Ordinance is passed by both Houses, the Ordinance lapses.

Subordinate Legislation

• Subordinate Legislation Overview: Most laws provide for Rules and Regulations to be framed and notified by the government and other authorities after a Bill is passed. 
  • These are known as subordinate legislation and include Rules, Regulations, Orders, Schemes, and Bye-laws. 
• Role of the Committee on Subordinate Legislation: The Committee on Subordinate Legislation scrutinizes and reports on the Rules and Regulations framed. 
• Parliamentary Motion for Annulment or Modification: After the Rules have been tabled, MPs may move a motion seeking an annulment or modification of the Rules. 
• Continuation of Bills in a New Lok Sabha: If the motion is adopted in one House, it is transmitted to the other House for approval. 
  • In a new Lok Sabha, fresh Bills may be introduced in either House. 
• Amendment or Repeal of Rules by Both Houses: Further, Bills introduced in Rajya Sabha in the previous Lok Sabha, carry on to the next Parliament. If both Houses amend or repeal the Rules, they will be modified accordingly.

Executive Powers and Functions 

• Parliamentary Accountability of the Executive: The Constitution of India established a Parliamentary form of government, where the Executive is accountable to the Parliament for its policies and actions. 
• Mechanisms of Parliamentary Control: In this setup, the Parliament exercises control over the Executive through various means such as question-hour, zero hour, half-an-hour discussion, short-duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion, and other discussions. 
• Role of Committees in Oversight: Additionally, it oversees the Executive’s activities with the help of committees like the committee on government assurances, committee on subordinate legislation, committee on petitions, etc.
• Collective Responsibility of Ministers: The ministers collectively hold responsibility to the Parliament in general and specifically to the Lok Sabha. 
  • As part of this collective responsibility, each minister is individually accountable for the efficient administration of their respective ministry. 
• Confidence of the Lok Sabha: Essentially, ministers remain in office as long as they maintain the confidence of the majority members in the Lok Sabha. 
  • In simpler terms, the council of ministers can be removed from office by the Lok Sabha through the passage of a no-confidence motion.
  • Mechanisms for Expressing Lack of Confidence in the Government: The Lok Sabha can express lack of confidence in the government through various means, including 
• Not passing a motion of thanks on the President’s inaugural address
• Rejecting a money bill
• Passing a censure motion or an adjournment motion, 
• Defeating the government on a vital issue, or passing a cut motion. 
• Government Formation and Accountability: Therefore, the primary role of Parliament is to select the group forming the government, support and sustain it in power as long as it has confidence, and remove it when it loses that confidence, leaving the decision to the people in the next general election.

Financial Powers and Functions

• Authority of Parliament in Taxation and Expenditure: No taxation can be imposed or funds collected, and no expenses can be undertaken by the Executive without the authority and approval of Parliament. Consequently, the budget is presented to Parliament for its endorsement. 
• Legislative Approval of the Budget: The Parliamentary enactment of the budget legitimates the government’s receipts and expenditures for the upcoming financial year.
• Oversight of Government Spending: The Parliament exercises oversight over government spending and financial performance through its financial committees, which include the
  •  Public accounts committee
•  Estimates committee
•  Committee on public undertakings
• Financial Committees and Their Role: These committees identify instances of inefficiency, irregularities, unauthorized actions, improper usage, and extravagance in public expenditure.
• Parliamentary control over the Executive in financial matters operates in two stages: 
• • Budgetary Control: This involves oversight before the appropriation of grants through the enactment of the budget.
  • Post-budgetary Control: This entails scrutiny after the appropriation of grants through the three financial committees.
• Principle of Annuity in Budgeting: The budget adheres to the principle of annuity, meaning that Parliament allocates funds to the government for one financial year. 
• Rule of Lapse and Unspent Funds: Unspent funds by the end of the financial year expire and return to the Consolidated Fund of India, following the ‘rule of lapse.’ 
• The March Rush Phenomenon: While this rule ensures effective financial control by Parliament and prevents the creation of reserve funds without authorization, it often results in a significant expenditure rush towards the end of the financial year, commonly referred to as the ‘March Rush.’

Conclusion

In summary, Parliament’s legislative and executive powers are crucial for effective governance in India. 

• By enacting laws and holding the government accountable, it ensures that the Executive operates transparently and efficiently. 
• Strengthening these functions will enhance the democratic process and public trust in governance.

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