Parliament: Composition and Functions

The Parliament of India serves as the supreme legislative authority, embodying the democratic ethos of the nation. It comprises the President and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). This bicameral structure ensures representation at both national and regional levels, facilitating comprehensive governance.

COMPOSITION OF THE INDIAN PARLIAMENT

  1. PRESIDENT OF INDIA:
    An integral part of Parliament, the President’s duties include summoning and proroguing sessions, and giving assent to bills, which is essential for them to become law.

  2. RAJYA SABHA (COUNCIL OF STATES):

    • Membership: The Rajya Sabha can have up to 250 members. Currently, it comprises 245 members: 233 elected by state and union territory legislatures, and 12 nominated by the President for their expertise in fields like literature, science, art, and social service.
    • Tenure: Members serve staggered six-year terms, with one-third retiring every two years, ensuring continuity.
    • Election Process: Elected members are chosen by the elected members of State Legislative Assemblies through a proportional representation system using a single transferable vote.
  3. LOK SABHA (HOUSE OF THE PEOPLE):

    • Membership: The Lok Sabha can have up to 552 members. Presently, it has 543 members directly elected from territorial constituencies across India.
    • Tenure: Members serve five-year terms unless the house is dissolved sooner.
    • Election Process: Members are elected based on universal adult suffrage through a first-past-the-post system.

FUNCTIONS OF THE INDIAN PARLIAMENT

  1. LEGISLATIVE FUNCTIONS:

    • Law-Making: Parliament enacts laws on subjects enumerated in the Union and Concurrent Lists of the Constitution. In certain situations, it can also legislate on State List subjects.
    • Amendments: It possesses the authority to amend the Constitution, adhering to the procedures outlined in Article 368.
  2. EXECUTIVE OVERSIGHT:

    • Question Hour and Debates: Members question ministers and engage in debates to scrutinize government policies and actions.
    • No-Confidence Motion: The Lok Sabha can express a lack of confidence in the Council of Ministers, potentially leading to its resignation.
  3. FINANCIAL FUNCTIONS:

    • Budget Approval: The Union Budget is presented in the Lok Sabha, requiring parliamentary approval for government expenditure.
    • Money Bills: Such bills must originate in the Lok Sabha. The Rajya Sabha can suggest amendments but lacks the power to reject or amend them decisively.
  4. JUDICIAL FUNCTIONS:

    • Impeachment: Parliament can impeach the President for constitutional violations. Additionally, it can remove judges of the Supreme Court and High Courts on grounds of proven misbehavior or incapacity.
  5. ELECTORAL FUNCTIONS:

    • Elections: Members of Parliament participate in the elections of the President and Vice-President.

KEY DOCTRINES AND PRINCIPLES RELATED TO PARLIAMENT

  1. DOCTRINE OF PARLIAMENTARY SOVEREIGNTY:
    While Parliament holds extensive legislative powers, its sovereignty is subject to the Constitution’s provisions and the judiciary’s power of judicial review.

  2. DOCTRINE OF BASIC STRUCTURE:
    Established in Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, this doctrine asserts that Parliament cannot alter the Constitution’s basic structure, even through amendments.

NOTABLE CASE LAWS INVOLVING PARLIAMENTARY FUNCTIONS

  1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461:

    • Facts: Swami Kesavananda Bharati challenged the Kerala government’s attempts, under state land reform laws, to impose restrictions on the management of his religious property.
    • Issue: Whether Parliament’s power to amend the Constitution is unlimited.
    • Held: The Supreme Court ruled that while Parliament can amend the Constitution, it cannot alter its basic structure.
  2. Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299:

    • Facts: The validity of Prime Minister Indira Gandhi’s election was challenged on grounds of electoral malpractices.
    • Issue: Whether Parliament could pass a law that has the effect of nullifying judicial decisions.
    • Held: The Supreme Court invalidated the 39th Constitutional Amendment, emphasizing that Parliament cannot exercise unchecked power, especially in matters affecting the judiciary’s role.

PROCEDURES IN PARLIAMENT

  1. LEGISLATIVE PROCEDURE:

    • Introduction of Bills: Bills can be introduced in either house, except Money Bills, which must originate in the Lok Sabha.
    • Three Readings: Each bill undergoes three readings in each house—introduction, consideration, and passage.
    • Joint Sitting: In case of a deadlock between the two houses, a joint sitting may be convened to deliberate and vote on the bill.
  2. FINANCIAL PROCEDURE:

    • Annual Financial Statement: The Budget is presented annually, detailing the government’s estimated revenue and expenditure.
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