The Parliament has neither adequate time nor expertise to make detailed scrutiny of all legislative measures and other matters. So, the Constitution of India makes a provision of forming Committees to assist the Parliament.

Parliamentary Committees are of 2 types:

1. Standing Committees
   (Permanent Committees)
2. Ad-hoc Committees
   (Constituted for specific purpose)

1. Standing Committees (Permanent Committees)
   1. Financial standing committees (FSC)
      1. Public Accounts Committee – 22 members (15 LS + 7 RS)
      2. Estimates Committee – 30 members (LS)
      3. Public Undertakings Committee – 22 members (15 LS + 7 RS)
   2. Department related standing committees (DRSC)
      1. Committee on Agriculture,Food Processing and Animal Husbandary[
      2. Committee on Chemicals and Fertilizers
      3. Committee on Coal, Mines and Steel
      4. Committee on Commerce
      5. Committee on Defence
      6. Committee on Energy
      7. Committee on External Affairs
      8. Committee on Finance
      9. Committee on Food, Consumer Affairs and Public Distribution
      10. Committee on Home Affairs
      11. Committee on Education
      12. Committee on Industry
      13. Committee on Communication and Information Technology
      14. Committee on Labour, Textiles and Skill Development
      15. Committee on Personnel, Public Governances,
      16. Law and Justice, Committee on Petroleum and Natural Gas,
      17. Committee on Railways,
      18. Committee on Rural Development and Panchayati Raj,
      19. Committee on Science & Technology and Environment & Forests,
      20. Committee on Social Justice and Empowerment,
      21. Committee on Transport, Tourism and Culture
      22. Committee on Housing and Urban Affairs
      23. Committee on Water Resources
   3. Other standing committees (OSC)
      1. Business Advisory Committee
      2. Committee of Privileges
      3. Committee on Absence of Members from the Sittings of the House
      4. Committee on Empowerment of Women
      5. Committee on Government Assurances
      6. Committee on Papers Laid on the Table
      7. Committee on Petitions
      8. Committee on Private Members’ Bills and Resolutions
      9. Committee on Subordinate Legislation
      10. General Purposes Committee
      11. House Committee
      12. Joint Committee on Offices of Profit Joint
      13. Committee on Salaries and Allowances of MPs
      14. Library Committee
      15. Rules Committee
      16. Committee on the Welfare of Scheduled Castes & Scheduled Tribes
2. Ad-hoc Committees (Constituted for specific purpose)
   1. Committee on Ethics
   2. Committee on Food Management in Parliament House Complex
   3. Committee on Installation of Portraits/Statues of National Leaders and Parliamentarians
   4. Committee on Members of Parliament Local Area Development Scheme
   5. Committee on Provision of Computers to Members of Lok Sabha
   6. Joint Committee on Maintenance of Heritage Character and Development of Parliament House Complex
   7. Joint Committee on Security in Parliament House Complex
   8. Railway Convention Committee
   9. Committee on Violation of Protocol Norms and Contemptuous Behaviour of Government Officers with Members of Lok Sabha
   10. Committee to Inquire into the Improper Conduct of a Member

Multifunctional Role of Parliament

Parliament performs several important functions:

1. Legislative Powers
2. Executive/Control over Executive
3. Financial Powers
4. Constituent Powers
5. Judicial Powers
6. Electoral Powers
7. Other Powers

1. Legislative Powers

The primary legislative function of Parliament is to make laws within the constitutional distribution of legislative powers. Under Article 246:

Parliament has exclusive power over matters in the Union List.
Parliament and State Legislatures both have legislative power over matters in the Concurrent List, subject to constitutional provisions.
State Legislatures generally have exclusive power over matters in the State List.

Your handwritten page gives numerical counts such as:

• “Union List (99 subjects) → 101”
• “Concurrent List (52 subjects)”
• “State List (61 subjects)”

Distribution of Legislative Subjects:

• Union List — List I
  → Parliament has exclusive legislative power, subject to the Constitution.
• State List — List II
  → State Legislatures generally have exclusive legislative power.
• Concurrent List — List III
  → Both Parliament and State Legislatures can legislate, subject to constitutional rules regarding repugnancy.

The current Seventh Schedule continues to contain these three lists.

Parliament Can Make Laws on State List Subjects

1. When Rajya Sabha passes a resolution (Article 249): If the Rajya Sabha passes a resolution supported by not less than two-thirds of the members present and voting, declaring it necessary or expedient in the national interest, Parliament can legislate on a matter in the State List. The resolution normally remains in force for up to one year at a time and may be renewed.
2. During a National Emergency (Article 250): While a Proclamation of Emergency under Article 352 is in operation, Parliament can make laws on matters in the State List. Such laws cease to have effect, to the extent provided by Article 250, after the emergency ceases, subject to the constitutional time limit.
3. Under President’s Rule (Article 356): When a Proclamation under Article 356 is in operation, Parliament may exercise the legislative powers of the State Legislature.
4. When two or more States make a request (Article 252): If the Legislatures of two or more States pass resolutions requesting Parliament to make a law on a matter in the State List, Parliament can make such a law for those States and for other States that subsequently adopt it.
5. For implementing international treaties/agreements (Article 253): Parliament has power to make laws for implementing: treaties, agreements, conventions, or decisions made at international conferences, associations or other bodies.

Note: An Ordinance must be laid before both Houses of Parliament and ceases to operate at the expiration of six weeks from the reassembly of Parliament, unless earlier withdrawn or disapproved in accordance with the Constitution. The six-week period is therefore counted from the reassembly of Parliament, not simply “within six weeks” from the date of promulgation.

Note: The Parliament makes laws in a skeletal form and authorizes executive to make detailed rules and regulations within the framework of parent law. This is called delegated legislation / executive legislation / subordinate legislation.

2) Executive Powers and Functions

The Executives are responsible to the Parliament. This is one of the key features of parliamentary form of Government. The Tools used are:

• Role of Committees
• Question Hour
• Calling Attention Notice
• Zero Hour
• Adjournment Motion
• Half an hour discussion
• Censure Motion
• Short duration Discussion
• No-confidence Motion
• Collective + Individual Responsibility

Note: Not only the COM is collectively responsible to the Parliament, but also each minister is individually responsible for efficient administration of the Ministry under his charge.

This means they enjoy the office till they enjoy the confidence of majority of members of Lok Sabha. The Lok Sabha can also express lack of confidence in the Government in the following ways:

• (a) Not passing a Motion of Thanks on the President inaugural address
• (b) Rejecting a Money Bill.
• (c) Passing censure or adjournment motion
• (d) Passing No-confidence Motion
• (e) Passing a Cut-Motion.

3) Financial Powers and Functions

• No tax can be levied or collected
• No Expenditure can be incurred

Without the approval of Parliament. This is done through enactment of Budget.

• The Parliament also scrutinises government spending and financial performance with the help of financial Committees—

• → Public Account Committee
• → Committee on Public Undertakings
• → Estimates Committee

Therefore Parliamentary control over Finance is done in two ways:

• 1. Budgetary Control
• 2. Post-Budgetary Control: (through committees) Checks and Balance

Note: Parliament grants Money to the Government for one financial year. If the granted money is not spent then, the money returns back to the CFI. This is known as Rule of Lapse. However due to this Rule, it leads to heavy rush of expenditure towards the closing of Financial year. This is known as March Rush.

4) Constituent Powers and Functions

The Parliament has the powers to Amend the Constitution by 3 ways:

• Simple Majority = majority of members present and voting
• Special Majority = majority of more than 50% total membership of House
  +
  2/3rd majority of Members present and voting.
• Special Majority + Consent of at least half of State legislature (Simple Majority)

Note: The power to initiate the process of amendment of the constitution lies exclusively in the hands of the Parliament.

The Parliament can amend any provision of the Constitution except the basic features of the Constitution. This was held in Keshavananda Bharati case (1973) and reaffirmed in Minerva Mills Case (1980).

Note: The state legislature can pass a resolution requesting Parliament for creation or abolition of State Legislative Council.

5) Judicial Powers and Functions

• (a) Impeach the President for violation of the Constitution.
• (b) Can remove the Vice-President from his office.
• (c) Recommend removal of Judges:
  • CJ of Supreme Court
  • CJ of High Court
  • Chief Election Commissioner, CAG
• (d) Punish its members or outsiders for breach of privileges or its contempt.

6) Electoral Powers

(a) Participates in the election of President along with State Legislative Assemblies. (b) Elects Vice-President.

→ Presidential and Vice-Presidential Act (1952)

• (c) Lok Sabha elects Speaker and Deputy Speaker.
• (d) Rajya Sabha elects Deputy Chairman.
• (e) The Parliament is authorized to make laws regulating elections to-
  • office of President and Vice-President
  • both Houses of Parliament and State Legislatures

↓

• Representation of People Act (1950)
• Representation of People Act (1951)

7) Other Powers and Functions

• (a) Approves all 3 types of emergencies (National, State, Financial)
• (b) Increase or decrease area, alter boundaries of / change names of Indian Union.
• (c) Regulate organisation, jurisdiction of Supreme Court, High Court and can establish common High Court for 2 or more states.

Position of Rajya Sabha

• RS = LS
• RS ≠ LS
• RS has special powers that are not with LS.

RS has equal status with Lok Sabha:

• Ordinary Bills
• Constitutional Amendment Bills
• Financial Bills
• Ordinances
• Approval of all 3 emergencies
• Removal of Vice-President
• Enlargement of jurisdiction of SC, HC, UPSC, CAG etc.
• Consideration of reports of FC, UPSC, CAG etc.

RS has unequal status with LS

• Money Bill
• Finance Bill that solely contains provisions under Art. 110
• No-confidence Motion only done by LS
• Speaker presides in Joint Sitting
• Resolution for discontinuance of Emergency can be only done by LS
• RS can only discuss the budget but cannot vote on demand for grants.

Special Powers of RS

• 1. Authorise Parliament to make a law on the subject in State List (Article 249)
• 2. Authorise Parliament to create All-India Service common to both Centre and State (Article 312)

Note: The position of RS is not as weak as the House of Lords in Britain, nor as strong as Senate in US. RS helps in:

• checks and balance
• Federal Equilibrium
• Representation of Experts
  eg – 12 nominated members.