Powers & Functions of the Parliament for CLAT - Practice Questions & MCQ

1. Legislative Functions:

• Lawmaking: 
  • Parliament is primarily responsible for making and amending laws. Members of Parliament (MPs) can introduce bills in either house - the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). These bills can be related to a wide range of issues, from social reforms to economic policies.
  • Example: The passing of the Goods and Services Tax (GST) Act in 2017 by both houses of Parliament is a notable legislative achievement. It replaced multiple taxes with a unified GST across India, streamlining taxation.
• Amendment of the Constitution: 
  • Parliament has the power to amend the Indian Constitution. However, this power is not unlimited. In the Kesavananda Bharati case (mentioned earlier), the Supreme Court clarified that while Parliament can amend the Constitution, it cannot alter its "basic structure." The basic structure includes features like federalism, secularism, and democracy.
  • Example: The 42nd Amendment Act of 1976 introduced significant changes to the Constitution, including the addition of Fundamental Duties.

2. Control over the Executive:

• Questioning the Government: Parliamentarians, especially MPs, play a crucial role in questioning the government's actions and policies. MPs can ask questions, seek clarifications, and demand answers from government ministers. This process is called "Question Hour" and is a vital tool for keeping the executive branch accountable.
• Example: An MP can ask the Finance Minister about the budget allocation for healthcare and demand explanations if the allocation is inadequate.

3. Financial Control:

• Budget Approval: One of the most critical functions of Parliament is approving the government's budget. The Annual Budget presented by the Finance Minister is discussed and voted upon in Parliament. This ensures that public money is spent responsibly.
• Example: Parliament's approval of the budget ensures that funds are allocated for various sectors like education, healthcare, defense, and infrastructure.

4. Representation of People:

• Voice of the People: Parliament represents the diverse voices and interests of India's citizens. MPs are elected to represent specific constituencies, and they raise concerns and issues affecting their constituencies in Parliament.
• Example: An MP from a drought-affected region advocating for drought relief funds in Parliament helps highlight regional issues on a national platform.

5. Impeachment:

• Removal of President and Judges: Parliament has the power to initiate impeachment proceedings against the President and Judges of the Supreme Court and High Courts for misconduct. This is a significant check on their powers.
• Example: The impeachment motion against Justice V. Ramaswami of the Supreme Court in 1993 demonstrated how Parliament can hold high-ranking officials accountable.

6. Emergency Powers:

• Declaration of Emergency: In exceptional circumstances such as a threat to the country's security or stability, Parliament can declare a national emergency. During a state of emergency, the President is granted special powers, which can affect the normal functioning of federalism.
• Example: The declaration of a national emergency during the Indo-Pak war in 1971.

7. Treaty Ratification:

• Approval of International Agreements: Parliament ratifies international treaties and agreements, ensuring they align with India's interests and legal framework.
• Example: Parliament's approval of the Paris Agreement on climate change in 2016 indicated India's commitment to global environmental efforts.