Parliament and State Legislatures

Composition of Lok Sabha

Out of 545 members of Lok Sabha, 543 are directly elected by the people through elections. The president may nominate 2 members from the Anglo-Indian community in case he feels they are inadequately represented in the Lok Sabha.

In proportion to their population, a certain number of seats may be reserved for SC/ST sections of the population.

Composition of Rajya Sabha

Representatives of States: Members of the council of states are indirectly elected by members of state legislative assemblies. The seats reserved for states are in proportion to their population.

Representation of UTs: Members indirectly elected by electoral college constituted.

Nominated Members: The President can nominate 12 persons who are eminent personalities in various domains to be members of Rajya Sabha. Hence the house facilitates expertise without the necessity of a direct election.

Delegated Legislation: Parliament makes law in skeleton form and authorises executive to make detailed laws. It is also referred to as executive legislation or subordinate legislation.

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Financial Powers

Budget in Parliament

The Parliament is vested with the power to vote on the budget which is the annual financial statement of the government that lays down estimated revenue and expenditure of the government. The expenditure ‘charged from’ the consolidated fund of India cannot be voted upon while expenditure ‘made from’ CFI can be voted upon.

Stages in Enactment

Presentation of Budget: Discussed in Lok Sabha, Rajya Sabha can discuss it, but not vote on a demand for grants
General Discussion: Takes place in both houses and lasts 3 to 4 days
Scrutiny of Departmental Committees: Examine in detail demands for grants of concerned ministries and prepare report cards
Voting on demand for grants: Exclusive privilege of Lok Sabha as money appropriated is to implement schemes of incumbent government that is the mandate of people vested with directly elected representatives of Lok Sabha. Cut motions (Policy, Token, Economy) are moved during this stage. Hence the parliaments control over executive’s actions are visible in this stage where its check actions ensure there is greater responsibility and accountability on the government to expedite spending in judicious manner.
Passing of Appropriation Bill: All money required to meet grants voted by Lok Sabha and expenditure charged on CFI
Passing of Finance Bill: To give effect to financial proposals of government for coming year. It legalises income side and completes the process of enactment of the budget

Scrutiny of Spending

The government remains answerable to parliamentary committees with regard to its financial performance. These committees perform audits and examine the nature of spending to curb wasteful spending and to ensure that money appropriated is being productively used. They bring out illegal, improper, unauthorized, irregular usage and wastage in public expenditure.

Eg: Public Accounts Committee, Estimates Committee and Committee on Public Undertakings

Therefore, parliament exercises financial control over executive in 2 instances:

Budgetary Control: During passing of budget, parliament has to vote on demand for grants where it can move cut motions to cut government spending if it feels it is unwarranted or unjustified.
Post-Budgetary Control: After the government has spent, the various committees verify the efficacy or judicious nature of spending

Study the role of these committees from Lakshmi Kant

Executive Power

The parliament exercises control over executive through questioning through question-hour, zero-hour, short duration discussion and various motions calling attention, adjournment, no-confidence, censure motion etc.

The various parliamentary committees also hold the executive accountable for its actions. These are committee on government assurance, subordinate legislation, committee on petitions etc.

The council of ministers remain collectively responsible to the parliament in general and Lok Sabha in particular. They remain in office only as long as they enjoy confidence of the Lok Sabha.

Amending Constitution

The parliament can amend the constitution under Article 368 by passing a constitution amendment bill with special majority, not less than 2-3^rd members present and voting and majority of total membership of house. In case the amendment affects federal structure of the country, it requires ratification by at least 50% of state legislatures.

Limited Power

The power to amend the constitution is not unlimited and is subject to the basic structure of the constitution. In the Keshav Ananda Bharathi case, the SC observed that Parliament may amend the constitution to a permissible limit where it does not violate or impinge the basic structure of the constitution. Thus the Indian position on constitutional amendment rests on the balance between parliamentary sovereignty and judicial supremacy.

Limitations on Parliamentary Sovereignty

Fundamental Rights: The amendment of a parliament is subject to non-contravention of fundamental rights elucidated in Part III as referenced by Article 13. In the Keshav Anand Bharthi Case, the court opined that the parliament may take away the fundamental rights as long as the basic structure of the constitution.
Judicial Review: The power of judicial review evolved from Article 13 enables the judiciary to observe the constitutional amendments. If it is violative of the basic structure of the constitution, the court may strike down such an amendment
- The Supreme Court struck down the NJAC bill as it was averse to the basic feature “independence of judiciary”
- Striking down of the part of 42^nd amendment that inactivated judicial review on constitutional amendments
Federal Framework: The parliament’s power to amend is limited by the consent of states in all matters where federal features are involved. It needs to take in half the state legislatures consent for such amendments.
- The passing of the GST bill as the 101^st constitutional amendment required the ratification of state legislatures
The supremacy of the Constitution: Any amendment to the constitution if it threatens to subvert the supremacy of the constitution shall be declared null and void by the court on the basis of unconstitutional
- The striking down of the 39^th amendment that circumvented the court’s jurisdiction on election related matters of the Prime Minister, President, Vice President and Speaker was struck down in Indira Gandhi vs Raj Narain Case (1975) as unconstitutional

Electoral Powers

The parliament participates in elections of President and Vice-President. The Lok Sabha elects its own Speaker and Deputy Speaker while Rajya Sabha elects its Deputy Chairman. It is also vested with the power to regulate elections to offices of President and Vice-president, to both houses of parliament and state legislatures.

Eg: Representation of People’s Act, 1951

Judicial Powers

Impeachment of President: The parliament can remove the President for violation of the constitution by passing a resolution separately in both houses by special majority with which the president stands removed from power

Impeachment of Vice-President: Similar to manner of President but with absolute majority in Rajya Sabha and agreed to in Lok Sabha

Impeachment of Judges: It can recommend the removal of judges of SC or HC, CEC, CAG to the President by passing a resolution with special majority in both houses on the grounds of misbehaviour and incapacity

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