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History & Civics

Parliament today is not a law-making body only; it has become a multi-functional institution. In this context make a mention of its following powers and functions.

(a) Three of its Legislative powers

(b) Three of its Judicial powers

(c) Two of its Financial powers

(d) Two of its Electoral functions

Union Parliament

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Answer

(a) The Parliament is competent to make laws on:

  1. Matters in the Union List and the Concurrent List — The Parliament has exclusive powers to make laws with respect to matters mentioned in the Union List. The Parliament has the right to make laws on subjects mentioned in the Concurrent List. In the case of conflict between a Central and State law, the law made by Parliament shall prevail.
  2. Residuary Powers — Parliament possesses residuary powers. It means that it can make laws with respect to all those matters which are not mentioned in any of the three lists—the Union List, the State List and the Concurrent List.
  3. Matters in the State List — The Parliament can legislate even on subjects included in the State List during the Proclamation of an Emergency and in following cases:
    1. When the Rajya Sabha passes a resolution by a two-thirds majority that a subject in the State List has assumed national importance.
    2. When two or more States desire that the Parliament should legislate on a subject given in the State List.

(b) Three judicial powers of the Parliament are:

  1. The President can be removed from his office by Impeachment. A resolution accusing the President may be initiated in either House of Parliament. It must be passed by a majority of not less than two-thirds of the total membership of the House. The charge should then be investigated by the other House. If the other House finds the President guilty, the Impeachment succeeds and the President is removed from his office.
  2. The Vice-President may be removed by a resolution of the Rajya Sabha passed by a majority of all the then members and agreed to by the Lok Sabha.
  3. A judge of the Supreme Court or of the High Court cannot be removed by the President, except on a Joint Address by both Houses. Such an Address has to be supported by a majority of the membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

(c) Two financial powers of the Parliament are:

  1. The Budget — The Parliament passes the Union Budget which contains the estimates of receipts and expenditure of the Government of India in respect of a financial year. Estimates of expenditure in the Budget are shown in two parts:
    1. expenditure charged on the Consolidated Fund of India
    2. the sums required to meet other expenditures of the Government.
  2. Supplementary Grants — If the amount authorised for the current financial year is found to be insufficient, the Government may make a fresh demand known as a supplementary grant.

(d) Two electoral functions of the Parliament are:

  1. Elected members of both Houses of Parliament and members of Legislative Assemblies elect the President of India.
  2. The Vice-President is elected by members of both Houses of Parliament.

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