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Powers and Functions of Parliament

UPSC Civil Services• POLITY• Parliament• 9. Powers and Functions of Parliament
Explains the major powers and functions of Parliament, including legislative, financial, executive-control, constitutional, electoral, judicial, deliberative, representative and federal functions, along with Parliament's powers over State List matters, parliamentary committees, constitutional limitations and UPSC Prelims traps.

Powers and Functions of Parliament

Introduction

Parliament is the principal legislative institution of the Union.

Its functions extend beyond law-making to include:

  • Legislative functions
  • Financial functions
  • Executive control
  • Constitutional functions
  • Electoral functions
  • Deliberative functions
  • Judicial functions
  • Federal functions

Thus:

Parliament → Legislation + Representation + Financial Control + Executive Accountability


1. Legislative Functions

The primary function of Parliament is:

Law-making

Parliament makes laws on matters within its constitutional legislative competence.

The Constitution distributes legislative subjects between:

  • Union List
  • State List
  • Concurrent List

2. Laws on the Union List

Under the normal constitutional arrangement, Parliament has exclusive power to make laws on subjects in the:

Union List

These subjects are considered matters requiring national-level legislation.

Examples include:

  • Defence
  • Foreign affairs
  • Banking
  • Currency
  • Railways
  • Citizenship

3. Laws on the Concurrent List

Both:

Parliament

and:

State Legislatures

can make laws on subjects in the:

Concurrent List

If there is a conflict between a valid Parliamentary law and a State law on a Concurrent List subject, the Parliamentary law generally prevails, subject to the constitutional provisions governing such conflicts.


4. Parliament's Power over State List

Normally, State List subjects fall within the legislative competence of:

State Legislatures

However, the Constitution provides several exceptional circumstances in which Parliament can legislate on State List subjects.

These include:

  • National interest
  • National Emergency
  • Request by two or more States
  • International agreements
  • President's Rule

5. Article 249 — National Interest

Under Article 249, Rajya Sabha can authorise Parliament to legislate on a matter in the:

State List

if it declares that it is necessary or expedient in the:

National Interest

The resolution requires:

Not less than two-thirds of members present and voting


6. Article 250 — National Emergency

During a Proclamation of Emergency under:

Article 352

Parliament can make laws on:

Matters in the State List

This power continues during the Emergency.

A law made under Article 250 ceases to have effect:

Six months after the Emergency has ceased to operate

unless otherwise continued under the Constitution.

Memory

Article 249 → Rajya Sabha resolution

Article 250 → National Emergency


7. Article 252 — State Request

If two or more State Legislatures pass resolutions requesting Parliament to legislate on a matter in the:

State List

Parliament can make such a law.

Other States may later adopt that law by passing similar resolutions.

Important

Such a law can subsequently be amended or repealed by:

Parliament

and not by the concerned State Legislature acting alone.

Memory

Article 252 → States request → Parliament legislates


8. Article 253 — International Agreements

Parliament can make laws for implementing:

  • Treaties
  • Agreements
  • Conventions
  • Decisions made at international conferences

This power can operate:

Even on matters falling within the State List

Memory

Article 253 → International obligations


9. Article 356 — President's Rule

When President's Rule is imposed in a State, Parliament may exercise the legislative powers of the State Legislature.

Parliament can:

  • Make laws for the State
  • Authorise expenditure
  • Confer power on the President to make laws

The President may also make regulations where constitutionally permitted.


10. Financial Functions

Parliament exercises extensive control over:

Public finances

The executive cannot freely spend public money without parliamentary authorisation where the Constitution requires such approval.


11. Power of Taxation

Parliament has constitutional authority to impose:

Union taxes

through legislation.

No tax can generally be imposed or collected except by:

Authority of law

under:

Article 265


12. Union Budget

The:

Annual Financial Statement

is laid before Parliament.

It is commonly known as:

Union Budget

Parliament examines government revenue and expenditure proposals.


13. Demands for Grants

Demands for Grants are presented to:

Lok Sabha

Lok Sabha has the principal role in voting on:

Demands for Grants

Rajya Sabha does not vote on Demands for Grants.


14. Appropriation

After Demands for Grants are voted, an:

Appropriation Bill

is introduced.

It authorises withdrawal of money from the:

Consolidated Fund of India

for the purposes approved by Parliament.


15. Financial Bill

The:

Finance Bill

gives effect to the government's taxation proposals.

Parliament examines and passes the relevant financial legislation according to constitutional procedure.


16. Control over Executive

India follows a:

Parliamentary system

Therefore, the executive is accountable to Parliament.

The Council of Ministers is collectively responsible to:

Lok Sabha


17. Question Hour

Members of Parliament can ask questions to:

Ministers

Questions enable Parliament to obtain information about:

  • Government policies
  • Administration
  • Expenditure
  • Implementation of schemes
  • Public issues

Importance

Question Hour is an important mechanism of:

Executive accountability


18. Zero Hour

Zero Hour is a:

Parliamentary practice

rather than a constitutional provision.

Members raise matters of:

Urgent public importance

during this period.

Important

Zero Hour → Parliamentary practice


19. Motions

Parliamentary motions allow members to raise issues and seek government accountability.

Important motions include:

  • No-confidence motion
  • Censure motion
  • Adjournment motion
  • Calling Attention
  • Privilege motion

20. No-Confidence Motion

A No-Confidence Motion tests whether the:

Council of Ministers continues to enjoy the confidence of Lok Sabha

If the government loses the confidence of Lok Sabha, it is expected to:

Resign

Memory

No Confidence → Lok Sabha


21. Censure Motion

A Censure Motion is used to express:

Disapproval of a specific government policy or action

It generally needs to specify the:

Reasons for the censure


22. Adjournment Motion

An Adjournment Motion is used to draw attention to:

A definite matter of urgent public importance

It interrupts normal parliamentary business subject to the applicable rules.

It is an important instrument for:

Executive accountability


23. Parliamentary Committees

Parliamentary committees enable detailed examination of:

  • Government expenditure
  • Bills
  • Government policies
  • Public accounts
  • Departmental functioning

Important committees include:

  • Public Accounts Committee
  • Estimates Committee
  • Committee on Public Undertakings
  • Department-related Standing Committees

24. Constitutional Amendment

Parliament has the power to amend the Constitution under:

Article 368

However, this power is subject to:

Basic Structure Doctrine

Memory

Article 368 → Amendment

Kesavananda Bharati → Basic Structure


25. Electoral Functions

Parliament participates in certain constitutional elections.

Members of Parliament participate in the election of the:

President of India

and:

Vice-President of India

However, the electoral colleges are different for the two offices.


26. Election of President

Elected members of:

  • Lok Sabha
  • Rajya Sabha
  • State Legislative Assemblies

participate in the election of the President.

Nominated members do not vote in the Presidential election.


27. Election of Vice-President

The Vice-President is elected by:

Members of both Houses of Parliament

This includes:

  • Elected members
  • Nominated members

State Legislative Assembly members do not participate.


28. Judicial Functions

Parliament performs certain:

Quasi-judicial functions

under the Constitution.

These include proceedings for:

  • Impeachment of the President
  • Removal of judges of the Supreme Court and High Courts
  • Removal of the Comptroller and Auditor General
  • Removal of certain other constitutional authorities according to the relevant constitutional provisions

29. Impeachment of President

Parliament can initiate and complete the process for:

Impeachment of the President

The procedure is provided under:

Article 61

Both Houses participate in the process.


30. Removal of Judges

Parliament plays a role in the removal of:

  • Supreme Court judges
  • High Court judges

The process requires a special parliamentary procedure and a special majority.

The purpose is to protect:

Judicial independence

while providing a constitutional mechanism for removal on grounds specified by law.


31. Deliberative Function

Parliament is a national forum for:

  • Debate
  • Discussion
  • Policy scrutiny
  • Representation
  • National issues

It allows representatives from different regions and political parties to discuss matters affecting the country.


32. Representative Function

Parliament represents different interests.

Lok Sabha

Primarily represents:

The people

Rajya Sabha

Represents:

States and Union Territories

Therefore, Parliament combines:

Popular representation + Federal representation


33. Federal Functions

Rajya Sabha has special federal powers under:

Article 249

and:

Article 312

Article 249

Allows Parliament to legislate on State List matters in:

National Interest

Article 312

Allows Parliament to create:

All India Services

when Rajya Sabha passes the required resolution in the:

National Interest


34. Control over Public Policy

Parliament can influence government policy through:

  • Debates
  • Questions
  • Motions
  • Parliamentary committees
  • Budgetary control
  • Legislative approval

Therefore, Parliament is an important mechanism of:

Democratic policy oversight


35. Parliamentary Sovereignty vs Constitutional Supremacy

India does not follow absolute:

Parliamentary Sovereignty

Parliament is subject to:

  • Constitution
  • Fundamental Rights
  • Judicial Review
  • Federal distribution of powers
  • Basic Structure Doctrine

Therefore:

Constitutional Supremacy > Parliamentary Sovereignty


36. Limitations on Parliament's Powers

Parliament's powers are limited by:

1. Constitution

Parliament must act within constitutional authority.

2. Fundamental Rights

Ordinary laws cannot violate Fundamental Rights subject to constitutional limitations and exceptions.

3. Federal Distribution

Parliament's legislative competence is constitutionally defined.

4. Judicial Review

Courts can review laws for constitutional validity.

5. Basic Structure

Parliament cannot destroy the Constitution's basic structure through amendment.


37. Parliament and Judiciary

The relationship between Parliament and Judiciary involves:

Separation of functions + Constitutional checks and balances

Parliament:

Makes laws

Judiciary:

Interprets the Constitution and reviews constitutional validity

Neither institution has unlimited constitutional authority.


38. Parliament and Executive — Basic Chain

People
↓
Lok Sabha
↓
Council of Ministers
↓
Executive
↓
Parliamentary Accountability

The executive must maintain the confidence of:

Lok Sabha


39. Parliament — Major Functions at a Glance

FunctionMain Role
LegislativeMakes laws
FinancialControls taxation and expenditure
Executive ControlHolds government accountable
ConstitutionalAmends Constitution
ElectoralParticipates in constitutional elections
JudicialPerforms specified quasi-judicial functions
DeliberativeDebates national issues
RepresentativeRepresents people and States
FederalRajya Sabha protects federal interests

40. UPSC Prelims Facts

Article 79 → Parliament

Article 105 → Parliamentary Privileges

Article 108 → Joint Sitting

Article 109 → Money Bills

Article 110 → Money Bill definition

Article 112 → Annual Financial Statement

Article 123 → Ordinance-making power of President

Article 249 → State List in National Interest

Article 250 → State List during Emergency

Article 252 → State request

Article 253 → International agreements

Article 356 → President's Rule

Article 368 → Constitutional Amendment


41. UPSC Prelims Traps

Trap 1

"Parliament can make laws only on the Union List."

False

Parliament can legislate on:

  • Union List
  • Concurrent List
  • State List in specified constitutional circumstances

Trap 2

"Parliament can normally legislate on every State List subject."

False

State List is primarily within State legislative competence, subject to constitutional exceptions.


Trap 3

"Article 249 allows Parliament to legislate on the State List whenever Rajya Sabha passes an ordinary majority resolution."

False

The resolution requires:

Two-thirds of members present and voting


Trap 4

"Article 250 permanently transfers State List powers to Parliament."

False

It operates during:

National Emergency

and has constitutional limits after the Emergency ends.


Trap 5

"States can permanently transfer all State List powers to Parliament under Article 252."

False

Article 252 operates when:

Two or more States request Parliament to legislate on a specific State List matter


Trap 6

"Zero Hour is mentioned in the Constitution."

False

It is:

A parliamentary practice


Trap 7

"The Council of Ministers is collectively responsible to Rajya Sabha."

False

It is collectively responsible to:

Lok Sabha


Trap 8

"Parliamentary power to amend the Constitution is unlimited."

False

It is limited by:

Basic Structure Doctrine


42. Quick Revision

Legislative
→ Law-making
Financial
→ Taxation + Budget + Expenditure
Executive Control
→ Questions + Motions + Committees
Constitutional
→ Article 368
Electoral
→ President + Vice-President elections
Judicial
→ Impeachment + Removal proceedings
Federal
→ Articles 249 + 312
Deliberative
→ Debate + Discussion

43. Mains Relevance

Parliament is the central institution through which India's constitutional democracy converts public representation into:

Law + Financial Authorisation + Executive Accountability + National Deliberation

Its effectiveness depends not only on legislative output but also on:

  • Quality of debate
  • Committee scrutiny
  • Executive accountability
  • Opposition participation
  • Federal representation
  • Respect for constitutional limits

Therefore, Parliament is best understood not merely as a:

Law-making body

but as the central institution connecting:

People + Government + Constitution