CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA (800001)

POLITICAL SCIENCE
PROJECT TOPIC – POWER AND FUNCTION OF INDIAN PARLIAMENT

FINAL PROJECT SUBMITTED IN THE FULFILMENT OF THE COURSE TITLED

SUBMITTED TO-

Dr. S.P. Singh

Professor of Political Science

SUBMITTED BY-

Mukesh Kumar Yadav

Roll no.1940 ( B.A.LL.B. )

semester -1st (2018-23)

1
 ACKNOWLEDGEMENT
It's a fact that research work prepared, compiled or formulated in isolation is inexplicable to
an extent. This research work, although prepared by me, is a culmination of efforts of a lot
of people.

Firstly, I would like to thank our Political Science Professor, Dr. S. P. Singh for giving
such a topic to research which assisted me in acquiring some knowledge related to one of
the important issues of Today's Society. I would like to thank him for his valuable
suggestions towards the making of this project.

Last, but not the least, I would like to thank the Almighty for obvious reasons.

…………………
MUKESH KUMAR YADAV

ROLL NO - 1940

2
 DECLARATION
I hereby declare that the work reported in the B.A.LL.B(Hons ) Project Report entitled

"POWER AND FUNCTION OF INDIAN PARLIAMENT" submitted at CHANAKYA

NATIONAL LAW UNIVERSITY ,PATNA is an authentic record of my work carried out

under the supervision of Dr. S. P. Singh . I have not submitted this work elsewhere for any
other degree or diploma . I am fully responsible for the contents of my Project Report.

3
 TABLE OF CONTENTS
1 INTRODUCTION
2 COMPOSITION OF INDIAN PARLIAMENT
3 POWER OF INDIAN PARLIAMENT

4 FUNCTION OF INDIAN PARLIAMENT

5 COMPARATIVE ANALYSIS WITH INDIAN PARLIAMENT AND USA CONGRESS

OF POWER AND FUNCTION

6 CONCLUSIONS

4
 1 INTRODUCTION
The Parliament of India is a bi-cameral legislature. It consists of two houses- Rajya Sabha
& Lok Sabha and President of India. Parliament makes law with the help of its both the
chambers. Laws passed by the parliament and approved by the president are enforced in
the whole country.

Article 79 of the Constitution of India states that there shall be a Parliament for the Union,
which comprises of the President and the two Houses- Rajya Sabha (the council of states) and
Lok sabha (House of the people).

Article 80 of the Constitution specifies the composition of the council of states, which consists
of 12 members nominated by the President and 238 representatives of the state and union
territories.

The allocation of seats in the council of states to be fulfilled by representatives of states and
union territories in accordance with the provisions contained in the 4th schedule.

Representation from States- They shall be elected by the elected members of the legislative
assembly of the state in accordance with the system of proportional representation by means
of single transferable vote. Hence from the above it can be said that the number of seats to each
state varies in accordance with population of that state. Therefore larger states occupy more
seats than smaller states.

Representatives from Union Territories: By convention the representatives are indirectly

elected by members of an electoral college and the election is held in accordance with the
system of proportional representation by means of the single transferable vote. Among all the
Union Territories only Delhi and Pondicherry have representation since all other UT’s have
less population.

5
Nominated Members- those persons who have special knowledge or practical experience in
the fields of literature, science, art and social service are provided opportunity to enter Rajya
Sabha without going through process of election. Recently this clause was in news for
nomination of Sachin Tendulkar as it does not provide for sportspersons to enter Rajya Sabha
through Presidential nomination but later it was accepted.

Article 81 specifies the composition of the house of the people, which consists of not more
than 530 members chosen by direct elections from territorial constituencies in the states; not
more than 20 members representing the union territories; 2 Anglo-Indians.

Representation of States- They are elected by the people directly by universal adult franchise.
Each state shall be allotted number of seats in the house of the people in such a manner that the
ratio between the number and the population of the state is equal for all the states. There is also
a provision for reservation of seats for SC/ ST communities on the basis of population ratio.

Representation from Union Territories- According to the law prescribed by the Parliament
the union territories direct election to the house of people act 1965 was passed and thereby they
are also elected directly by people.

Nominated Members- President has powers to elect 2 members from Anglo-Indian

community if the President feels that their community is not adequately represented.

Qualification for Membership of Parliament-

According to Article 84 following are the qualifications for members of Parliament. It states
that a person shall not be qualified to be chosen to fill a seat in Parliament unless he-

Its powers and functions can be classified in to following heads:

(1). Legislative powers

(2). Executive powers

(3). Financial powers

(4). Constituent powers

(5). Judicial powers

(6). Electoral powers

(7). Other powers

6
In India, political executive is a part of the parliament. Parliament exerts control over the
executive through procedural devices such as question hour, zero hour, calling attention
motion, adjournment motion, half-an-hour discussion, etc. Members of different political
parties are elected/nominated to the parliamentary committees. Through these committees, the
parliament controls the government. Committee on ministerial assurances constituted by
parliament seeks to ensure that the assurances made by the ministries to parliament are fulfilled.

Article 75 of the constitution mentions that the council of ministers remains in office as long
as it enjoys the confidence of the Lok Sabha. The ministers are responsible to the Lok Sabha
individually and collectively. Lok Sabha can remove the council of ministers by passing a no
confidence motion in the Lok Sabha1.

Apart from that, the Lok Sabha can also express lack of confidence in the government in
the following ways:

(i) By not passing a motion of thanks on the President’s inaugural address.

(ii) By rejecting a money bill

(iii) By passing a censure motion or an adjournment motion

(iv) By passing a cut motion

(v) By defeating the government on a vital issue

These powers of parliament help in making government responsive and responsible.

Financial Powers and Functions

Parliament enjoys the supreme authority in financial matters. Executive cannot spend any
money without parliament’s approval. No tax can be imposed without the authority of law. The
government places the budget before the parliament for approval. The passage of the budget
means that the parliament has legalised the receipts and expenditure of the government. The
public accounts committee and the Estimates committee keep a watch on the spending of the
government. These committees scrutinize the account and bring out the cases of irregular,
unauthorised or improper usage in public expenditure.

In this way, parliament exerts budgetary as well as post-budgetary control on the government.
If the government fails to spend the granted money in a financial year, the remaining balance

1
https://www.gktoday.in/gk/parliament-of-india/ 7
is sent back to the Consolidated Fund of India. This is known as ‘rule of lapse’. This also leads
to increase in expenditure by the end of the financial year2.

Judicial Powers and Functions

judicial powers and functions of the Parliament are mentioned below;

(i) It has the power to impeach the President, the Vice-President, the judges of the Supreme
Court and the High Court.

(ii) It can also punish its members or outsiders for the breach of privilege or its contempt.

Electoral Powers and Functions

The electoral powers and functions of the parliament are mentioned below;

(i) The elected members of the parliament (along with state assemblies) participate in the
election of the President

(ii) All the members of the parliament participate in the election of the Vice-President.

(iii) The Lok Sabha elects its Speaker and Deputy Speaker.

(iv) The Rajya Sabha elects its Deputy Chairman.

(v) Members of various parliamentary committees are also elected.

Constituent Powers and Functions

Only parliament is empowered to initiate any proposal for amendment of the constitution. A
bill for amendment can be initiated in either House of Parliament. However, the state
legislature can pass a resolution requesting the parliament for the creation or abolition of the
legislative council in the state. Based on the resolution, the parliament can make an act for
amending the constitution for that purpose.

There are three types of bills for constitution amendment which requires:

(i) Simple Majority: These bills need to be passed by simple majority, that is, a majority of
members present and voting in each of the House.

(ii) Special Majority: These bills need to be passed by the majority of the House and two-third
of the members present and voting in each of the House.

2
https://www.jagranjosh.com/general-knowledge/power-and-functions-of-indian-parliament-1438144925-1 8
(iii) Special majority and consent of half of all the state legislatures: These bills are to be
passed by the special majority in each house. Along with this, at least half of the state
legislatures should give consent to the bill.3

Research Methodology: -

For the purpose of research, the researcher has relied on the primary sources to look for
information relating to laws, statutes, functions and powers of Indian Parliament. The
researcher has aimed at doctrinal research and tries to critically analyze and provide an un-
biased account with the help of the doctrinal method of research. The various library and
Internet facilities available at Chanakya national Law University, Patna have been utilized for
this purpose. Most of the information is, however, from the Internet.

Aims and Objectives of research: -

To determine the functions of Parliament of India

To determine the role and importance of parliament Of India
To know about the working of Parliament of India
Hypothesis
Parliament is basically body of elected representative of the country. Their members are
appointed to make the voice of the general masses who had elected the representative which
have been sent to the higher level of government to dominate and raise the general issues of
the common people.

The working of the Parliament is divided into certain session and the
tenure and the function of the Parliament affairs varies from session to session.

3
Laxmikanth, M., INDIAN POLITY, 5TH edition, 2017, 9
2 Composition of Indian Parliament: -
The Parliament of India is the supreme legislative body of the Republic of India. The
Parliament is composed of the President of India and the houses. It is
a bicameral legislature with two houses: the Rajya Sabha (Council of States) and the Lok
Sabha (House of the People). The President in his role as head of legislature has full powers to
summon and prorogue either house of Parliament or to dissolve Lok Sabha. The president can
exercise these powers only upon the advice of the Prime Minister and his Union Council of
Ministers.

Those elected or nominated (by the President) to either house of Parliament are referred to
as Members of Parliament (MP). The Members of Parliament, Lok Sabha are directly
elected by the Indian public voting in Single-member districts and the Members of Parliament,
Rajya Sabha are elected by the members of all State Legislative Assembly by proportional
representation. The Parliament has a sanctioned strength of 545 in Lok Sabha including the 2
nominees from the Anglo-Indian Community by the President, and 245 in Rajya Sabha
including the 12 nominees from the expertise of different fields of science, culture, art and
history. The Parliament meets at Sansad Bhavan in New Delhi.

COUNCIL OF STATES (RAJYA SABHA)

The Rajya Sabha is to consist of not more than 250 members. Of these, 12 are nominated by
the President for their special knowledge or practical experience in such matters as literature,
science, art and social service. The remaining seats are allocated to the various States and Union
territories, roughly in proportion to their population; each State is, however, represented by at
least one member. The total number of seats in the Rajya Sabha at present is 245, including 12
members nominated by the President.

10
The representatives of each State in Rajya Sabha are elected by the elected members of the
Legislative Assembly of the State in accordance with the system of proportional representation
by means of single transferable vote. The representatives of the Union territories are chosen in
such manner as Parliament may by law prescribe. The minimum age for membership of the
House is 30 years. The Rajya Sabha is not subject to dissolution, but as nearly as possible, one-
third of its members retire as soon as may be on the expiration of every second year in
accordance with the provisions made in that behalf by Parliament by law. The normal term of
office of a member of Rajya Sabha is six years from the date of election or nomination.4

HOUSE OF THE PEOPLE (LOK SABHA)

The Lok Sabha, as the name itself signifies, is composed of representatives of the people
chosen by direct election on the basis of adult suffrage. The maximum strength of the House
envisaged by the Constitution is 552 – upto 530 members to represent the States, upto 20
members to represent the Union territories and not more than two members of the Anglo-
Indian Community to be nominated by the President if, in his opinion, that community is not
adequately represented in the House. The total elective membership of the House is distributed
among the States in such a way that the ratio between the number of seats allotted to each
State and the population of the State is, so far as practicable, the same for all States. The
qualifying age for membership of the Lok Sabha is 25 years. The Lok Sabha at present consists
of 545 members.5 The Lok Sabha, unless sooner dissolved, continues for five years from the
date appointed for its first meeting and the expiration of the period of five years operates as
dissolution of the House. However, while a Proclamation of Emergency is in operation, this
period may be extended by Parliament by law for a period not exceeding one year at a time
and not exceeding in any case beyond a period of six months after the Proclamation has ceased
to operate.

Following the first General Elections held in the country in 1952, the First Lok Sabha met
for the first time on 13 May 1952. The Second Lok Sabha met for the first time on 10 May
1957, the Third Lok Sabha on 16 April 1962, the Fourth Lok Sabha on 16 March 1967, the
Fifth Lok Sabha on 19 March 1971, the Sixth Lok Sabha on 25 March 1977, the Seventh Lok
Sabha on 21 January 1980, the Eighth Lok Sabha on 15 January 1985, the Ninth Lok Sabha
on 18 December 1989, the Tenth Lok Sabha on 9 July 1991, the Eleventh Lok Sabha on 22

4
5
https://rajyasabha.nic.in/rsnew/council_state/council_state.asp
https://loksabha.nic.in/
11
May 1996, the Twelfth Lok Sabha on 23 March 1998, the Thirteenth Lok Sabha on 20
October 1999 and Fourteenth Lok Sabha on 2 June, 2004.

3 POWER OF INDIAN PARLIAMENT

LEGISLATIVE POWER

The most important function of the Parliament is the framing of laws. The legislative power of
the Parliament is initiated through procedure for introduction and passage of a Bill. The Bills
may be of two kinds-

(a) Ordinary Bills, (b) Money Bills,

(a) Procedure for Passing Ordinary Bills

Except Money Bills and other Financial Bills, a Bill may originate in either House of
Parliament. Such a Bill shall not be deemed to have been passed by the Houses of Parliament
unless it has been agreed to by both Houses, either without amendment or with such
amendments only as are agreed to by both Houses.

A Bill pending in Parliament shall not lapse by reason of prorogation of the Houses.

A Bill Pending in the Rajya Sabha which has not been passed by the Lok Sabha, shall not lapse
on the dissolution of the Lok Sabha.

A Bill which is pending in Lok Sabha or which having been passed by the Lok Sabha is pending
In Rajya Sabha shall, subject to the provision of Article 108, lapse on the dissolution of the
Lok Sabha (Article 107).

Joint sitting of Both Houses in certain Cases:

Article 108 provides that if after a Bill has been passed by one House and transmitted to the
other House:

(a) The Bill is rejected by other House; or

12
(b) The Houses have finally disagreed as to the amendments to be made in the Bill;

(c) More than six months have elapsed from the date of the reception of the Bill by the other
House without the Bill being passed by it.

Where the President has under clause (1) notified his intention of summoning the Houses to
meet in a joint sitting, neither House shall proceed further with the Bill, but the President may
at any time after the date of his notification, summon the Houses to meet in a joint sitting for
the purpose specified in the notification and if he does so, the Houses shall meet accordingly.

If at the joint sitting of the Houses, the Bill with such amendments. If any, as agreed in the joint
sitting is passed by majority of the total number of members of both Houses present and voting,
it shall be deemed to have been passed by both Houses for the purpose of this Constitution.

Provided that at a joint sitting:

(a) If the Bill, having been passed by one House, has not been passed by the other House with
amendments and returned to the House in which it originated, no amendment shall be proposed
to the Bill other than such amendments (if any) as are made necessary by the delay In the
passage of the BUI.

(b) If the Bill has been so passed and returned, only such amendments as aforesaid shall be
proposed to the Bill and such other amendments as are relevant to the matters with respect to
which the Houses have not agreed and the decision of the person presiding as to the
amendments which are admissible under this clause shall be final.

A joint sitting may be held under this article and a Bill passed thereat, notwithstanding that
dissolution of the House of People (Lok Sabha) has intervened since the President notified his
intention to summon the Houses to meet therein.

(b) Procedure for passing Money Bills

According to Article 117 (1) of the Constitution, a Money Bill shall not be introduced in the
Council of State (Rajya Sabha) except on the recommendation of the President.

After a Money Bill has been passed by the Lok Sabha, it shall be transmitted to the Rajya Sabha
for its recommendations and the Rajya Sabha shall within a period of fourteen days from the

13
date of its receipt return the Bill to the Lok Sabha with its recommendations, and the Lok Sabha
may thereupon either accept or reject all or any of the recommendations of the Rajya Sabha.

If the Lok Sabha accepts any of the recommendation of the Rajya Sabha, the Money Bill shall
be deemed to have been passed by both Houses with amendments recommended by Rajya
Sabha and accepted by Lok Sabha.

If the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the Money
Bill shall be deemed to have been passed by both Houses In the form in which it was passed
by the Lok Sabha without any of the amendments recommended by the Rajya Sabha.

If a Money Bill passed by the Lok Sabha and transmitted to the Rajya Sabha for its
recommendations is not returned to the Lok Sabha within the said period of fourteen days, it
shall be deemed to have been passed by both Houses at the expiration of the said period in the
form in which it was passed by the Lok Sabha. (Article 109).

Thus, Rajya Sabha has only recommendatory authority over the passage of a Money Bill. It
cannot reject or amend Money Bill passed by the Lok Sabha.

Assent to Bills
According to Article 111, when a bill is having been passed by both Houses of the Parliament,
it is presented to the President who either assents the Bill or withholds his assent therefrom.

The President, after presentation to him of a Bill for his assent, may return the Bill if it is not a
Money Bill to the Houses with a message requesting that they will reconsider the Bill or any
specified provisions thereof, and in particular will consider the desirability of introducing such
amendments as he may recommend in his message and when a Bill is so returned, the houses
shall reconsider the Bill accordingly and if, the Bill Is again passed by the Houses with or
without amendment and presented to the President for assent, the President shall not withhold
assent therefrom.6

6
http://www.shareyouressays.com/knowledge/the-legislative-powers-of-the-parliament-under-the-indian-
constitution/115293
14
EXECUTIVE POWER

The Parliament of India performs supervision over the Executive through question-hour, zero
hours, half-an-hour discussion, short duration, calling attention motion, censure motion and
contrasting discussions. In addition, it also supervises the movements and actions of the
Executive with the aid of committees like committee on government assurance, the committee
on subordinate legislation, the committee on petitions, etc. The Lok Sabha as well can indicate
the need of confidence in the government in some observable ways such as by not passing
motion of thanks on the President’s inaugural address, by dismissing and declining the money
bill, by passing a censure motion or an adjournment motion, by outvoting the government on
an imperative issue or by passing a cut motion.

Financial Powers-

It includes enactment of budget, scrutinizing the performance of government with respect of

financial spending through financial committees (post budgetary control).

The Parliament controls the finances of the State. The Government places the budget before
the start of the financial year. The Parliament discusses the budget & gives its assent to the
Bill. The Government can neither impose any tax upon the public nor can it spend the money
without the approval of the' Parliament. The President will have to give his assent to the
Money Bill passed by, the Parliament.

In the financial domain the Parliament is the supreme authority. Not a single paisa can be spent
by the Executive without parliamentary sanction. The budget is annually prepared by the
Cabinet and it is submitted for the approval of the Parliament. The Parliament also approves
all proposals of the Union Government to impose taxes.

Money Bills can originate only in the Lok Sabha. After they have been passed by the Lok
Sabha, they are sent to the Rajya Sabha for approval. Within 14 days the Rajya Sabha is
expected to give its consent. Thus the power of the Rajya Sabha is limited with regards to
money Bills.

Further, to keep a vigil on the way the Executive spends the money granted by the legislature,
there are two Standing Committees of the Parliament. They are the Public Accounts Committee
and the Estimates Committee. These two Committees exercise legislative control over the
Executive on behalf of the Parliament. There are certain items of expenditure included in the
Budget which are not votable in the Parliament. These items include salary of the President,

15
the Judges of the Supreme Court, and the members of the Union Public Service Commission
etc. They are charged from the Consolidated Fund of India.

In the Financial Sphere, Parliament enjoys the supreme authority. No tax can be imposed
without the authority of law. Executive cannot spend any money without Parliament
sanction. Executive has to prepare Annual Budgets and seek Parliament’s approval. As stated
earlier, Money Bills can originate only in Lok Sabha. Two Standing Committees namely the
public accounts committee and the Estimates committee keep a watch over the ways the
Executive spends the money sanctioned by Parliament.

Constituent Powers-

Example - To amend the constitution, to pass any laws required.

Article 368 of Indian constitution states that, Power of Parliament to amend the Constitution
and procedure therefor
(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent
power amend by way of addition, variation or repeal any provision of this Constitution in
accordance with the procedure laid down in this article

(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for
the purpose in either House of Parliament, and when the Bill is passed in each House by a
majority of the total membership of that House present and voting, it shall be presented to the
President who shall give his assent to the Bill and thereupon the Constitution shall stand
amended in accordance with the terms of the Bill: Provided that if such amendment seeks to
make any change in

(a) Article 54, Article 55, Article 73, Article 162 or Article 241, or

(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or

(c) any of the Lists in the Seventh Schedule, or

(d) the representation of States in Parliament, or

(e) the provisions of this article, the amendment shall also require to be ratified by the
Legislature of not less than one half of the States by resolution to that effect passed by those
Legislatures before the Bill making provision for such amendment is presented to the President
for assent

16
(3) Nothing in Article 13 shall apply to any amendment made under this article

(4) No amendment of this Constitution (including the provisions of Part III) made or purporting
to have been made under this article whether before or after the commencement of Section 55
of the Constitution (Forty second Amendment) Act, 1976 shall be called in question in any
court on any ground

(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever
on the constituent power of Parliament to amend by way of addition, variation or repeal the
provisions of this Constitution under this article PART XXI TEMPORARY, TRANSITIONAL
AND SPECIAL PROVISIONS

Judicial Powers- Includes;

(i). Impeachment of President for violation of constitution

(ii). Removal of judges of Supreme Court and High court

(iii). Removal of Vice- President

(iv). Punish members for breach of privileges like sitting in the house when the member knows
he is not an eligible member, serving as member before taking oath etc.

Electoral Powers-
It has its participation in the election of President and Vice-President. The members of Lok
Sabha elects speaker and deputy speaker from among its members. Similarly, members of
Rajya Sabha elects deputy chairman.

Other Powers-

(i). To discuss various issues of national and international importance

(ii). Imposing emergency

(iii). Increase or decrease area, change names, alter the boundary of the states

(iv). Create or abolish state legislature etc any powers can be added from time to time

Article 245 of the constitution declares that parliament may make laws for the whole or any
part of the territory of India and a state legislature can make laws for the whole or any part of
the state. Seventh Schedule of the constitution distributes the legislative powers between the
centre and the state by putting subjects into Union List, State List and Concurrent List. The

17
 centre can make law on any of the subjects in the union list or in the concurrent list. The
parliament can override the law of a state on a subject listed in concurrent list. In addition to
these powers, the residuary powers are also vested with the parliament.7

4 FUNCTION OF INDIAN PARLIAMENT

Each house is the master of its procedure and may make rules for regulating its procedure and
conduct of business subject to the provisions of the constitution. The validity of any
proceedings in Parliament cannot be questioned in a court of law on the grounds of any alleged
irregularity of procedure. Some of the basic rules of procedure and conduct of business have
been laid down in the constitution itself. Every first hour of Parliamentary sittings start with
question hour during which the members ask question for which ministers are supposed to give
their answer. The answers given by them shall depend on the type of question asked.
Accordingly the questions can be starred for which the minister gives oral answers and other
members can also ask supplementary questions depending on the answer provided by the
minister. The questions can be unstarred for which usually written answer is provided by
minister. Another type of question is short notice question for which a notice of 10 days is
provided before asking questions for which also minister is supposed to give oral answer. Next
to question hour is the zero hour which lasts till the agenda of the day. It is also utilized by
members of Parliament to ask questions without giving any prior notice. The constitution has
declared that Hindi and English can be the language of the Parliament. However presiding
officer can permit for any other language to be used. Also every minister and attorney General
has the power to take part in proceedings of any house of Parliament. They have the right to
speak but without the right to vote in any other house other than the house to which they belong
to.

Proceeding of the house- the President from time to time summons each house of Parliament.
The maximum period with in which a session to be held is 6 months i.e. it should meet at least
twice a year. Normally these sessions can be classified into 3 sessions in a year i.e.

• Budget Session – February – May

• Monsoon Session – July – September
• Winter Session- November- December

7
Ibid .no. 2 18
Importance of Parliament
We in India pride ourselves on being a democracy. There is relation between the ideas of
participation in decision-making and the need for all democratic governments to have the
consent of their citizens.

It is these elements that together make us a democracy and this is best expressed in the
institution of the Parliament. Parliament enables citizens of India to participate in decision
making and control the government, thus making it the most important symbol of Indian
democracy and a key feature of the Constitution.

People Power
India became independent on 15 August 1947. Many sections of society participated in the
struggle. People from various backgrounds joined the struggle and they were inspired by the
ideas of freedom, equality and participation in decision making. Under colonial rule, the people
had lived in fear of the British government and did not agree with many of the decisions that
they took. But they faced grave danger if they tried to criticise these decisions. The freedom
movement changed this situation. The nationalists began to openly criticise the British
government and make demands. As far back as 1885, the Indian National Congress demanded
that there be elected members in the legislature with a right to discuss the budget and ask
questions. The Government of India Act 1909, allowed for some elected representation. The
dreams and aspirations of the freedom struggle were made concrete in the Constitution of
independent India that laid down the principle of universal adult franchise, i.e. that all adult
citizens of the country have the right to vote.

People and their Representatives

The take-off point for a democracy is the idea of consent, i.e. the desire, approval and
participation of people. It is the decision of people that creates a democratic government and
decides about its functioning. The basic idea in this kind of democracy is that the individual or
the citizen is the most important person and that in principle the government as well as other
public institutions needs to have the trust of these citizens.

People elect their representatives to the Parliament, then, one group from among these elected
representatives forms the government. The Parliament, which is made up of all representatives

19
together, controls and guides the government. In this sense people, through their chosen
representatives, form the government and also control it.

Delegated Legislation:-
In Democratic Society committed to the establishment of a welfare State, no Legislature
exercises a monopoly over the law-making activity, It has to necessarily share its Legislative
power with the Executive and other administrative organs of the State. Delegated Legislation
is a technique to relieve pressure on legislature’s time so that it can concentrate on principles
and formulation of policies. Delegated Legislation, also referred to as Subordinate
Legislation, means the exercise of law-making power by a body which is subordinate to The
Legislature. In India, Rules, Regulations, Notifications, Notified Orders, Orders, Bye-Laws-
all denote Delegated Legislation.

Opening of Parliament by president:-

Article 87(1) of the Constitution provides:— "At the commencement of the first session
after each general election to the House of the People and at the commencement of the first
session of each year the President shall address both Houses of Parliament assembled
together and inform Parliament of the causes of its summons."

In the case of the first session after each general election to Lok Sabha, the President addresses
both Houses of Parliament assembled together after the Members have made and subscribed
the oath or affirmation and the Speaker has been elected. It takes generally two days to
complete these preliminaries. No other business is transacted till the President has addressed
both Houses of Parliament assembled together and informed Parliament of the causes of its
summons. In the case of the first session of each year, the President addresses both Houses of
Parliament at the time and date notified for the commencement of the session of both the
Houses of Parliament. Half-an-hour after the conclusion of the Address, both the Houses meet
separately in their respective Chambers when a copy of the President’s Address is laid on the
Table and brought on the record of each House.8

No separate summons for the President’s Address are issued to members. They are informed
of the date, time and place fixed for the President’s Address through a Parliamentary Bulletin.
At the time fixed for the President’s Address, Members of both Houses of Parliament assemble
together in the Central Hall of the Parliament House where the President delivers his Address.

8
, http://www.parliamentofindia.nic.in/ls/intro/p3.htm, 20
New members who have not already made and subscribed the oath or affirmation are admitted
to the Central Hall on the occasion of the President’s Address on production of either the
certificate of election granted to them by the Returning Officer or the summons for the session
issued to them. In the Central Hall, Prime Minister, Cabinet Ministers, Deputy Speaker, Lok
Sabha and Deputy Chairman, Rajya Sabha are allotted seats in the first row. Other Ministers
are also allotted a block of seats. The Leaders of the Opposition in Lok Sabha and in Rajya
Sabha are allotted seats in the first row. Leaders of other Parties/Groups in both the Houses are
also allotted suitable seats. Members of Panel of Chairmen and Chairmen of Parliamentary
Committees are allotted seats in the second row. The Members are free to occupy other seats
which are not allotted/earmarked.

The President’s Address to both the Houses of Parliament assembled together is a solemn and
formal act under the Constitution. Utmost dignity and decorum befitting the occasion are
maintained. Any action on the part of a Member which mars the occasion or creates disturbance
is punishable by the House to which that Member belongs. Members are expected to take their
seats five minutes before the President arrives in the Central Hall.

The visitors, who are issued passes for this occasion, are also requested to be in their seats half-
an-hour before the time fixed for the President’s Address. It is a convention that no Member
leaves the Central Hall while the President is addressing. The President arrives at the
Parliament House (North West portico) in the State Coach or in the car and is received at the
Gate by the Chairman, Rajya Sabha, the Prime Minister, the Speaker, Lok Sabha, Minister of
Parliamentary Affairs and Secretaries-General of the two Houses. The President is conducted
to the Central Hall in a procession. On the passage from the Gate to the Central Hall from
where the procession passes, red baize cloth is spread.

Just when the procession enters the gangway of the Central Hall, the Marshal who has taken
his position at the dais, announces the arrival of the President by saying [Hon’ble Members,
Hon’ble the President] Almost simultaneously two trumpeters positioned in the Gallery
above the dais sound the fanfare till the President arrives at the dais. Thereupon, Members
rise in their places and remain standing until the President has taken his seat on the dais.

On reaching the floor of Central Hall in front of the dais, the procession bifurcates; the
President, the Chairman of Rajya Sabha and the Speaker of Lok Sabha move towards their
seats on the dais — the Chairman to the right and the Speaker to the left of the President who
occupies the middle seat. The Secretaries-General and other Officers in the procession move

21
towards the chairs placed for them in the pit of the Central Hall on either side of the dais. When
President reaches his seat on the dais, a band positioned in the Lobby of the Central Hall to the
right of the President, plays the National Anthem during which time everyone remains
standing. Thereafter, as the President takes his seat, Presiding Officers and Members resume
their seats. The President then addresses the Members in Hindi or English. The other version
of the Address is read out by the Chairman of the Rajya Sabha. After the conclusion of the
Address, the President rises in his seat followed by the members when the National Anthem is
played again. The President, thereafter, leaves the Central Hall in a procession which is formed
in the same manner as at the time of his arrival. The members remain standing till the
procession leaves the Central Hall. On reaching the gate, the President takes leave of the
Chairman, Rajya Sabha, the Prime Minister, the Speaker, Lok Sabha and Minister of
Parliamentary Affairs. The Secretaries-General of the two Houses are also present at the
occasion. Thereafter, the President leaves for the Rashtrapati Bhawan.

COMPARATIVE ANALYSIS WITH INDIAN PARLIAMENT AND USA CONGRESS

OF POWER AND FUNCTION

Although the U.S. House of Representatives, along with many other national and state
legislatures, developed its initial parliamentary practices based on the model of the British
House of Commons, the House of Representatives and the House of Commons have long
evolved along quite divergent lines. This report1 briefly summarizes key features in the
legislative procedures of both chambers, although a systematic comparison would require a
substantially longer document. The fundamental purposes of the chambers are different: the
House of Commons serves as the forum for the formation and maintenance of the Government
which, in turn, is comprised primarily of ministers and deputies drawn from the majority party
or block in the House of Commons; the House of Representatives exists as a legislative and
oversight forum whose policy preferences may or may not coincide with those of the separately
elected government, that is, the presidency and the rest of the executive branch. In the House
of Commons, the Government’s legislative agenda is, consequently, the agenda of the House
of Commons, and few major policy initiatives not formally sanctioned by the Government are
considered by the House of Commons. In the U.S. House, the significant work of the session
is the funding and continued maintenance of government programs, but individual Members
and individual leaders can influence the House’s agenda to a degree unheard of in the
Commons .

22
Conclusion:-
After reading this unit, we have come to know how the Parliament of India is constituted and
what are its powers and functions. The Parliament of India consists of two houses - the Lok
Sabha and the Rajya Sabha. Between the two houses. The Lok Sabha is more powerful than
the Rajya Sabha as it has complete control over the finances of the country and the Council of
Ministers is collectively responsible to it for its activities. However, the importance of the
Rajya Sabha can not be ignored as it is a permanent house. The President of India can not
dissolve it. While we can legitimately proud of the reasonably successful working of
Parliament during the last five decades, Parliament is relevant only as a dynamic institution
ever adjusting its functions and procedures to the changing needs of the times. If democracy
and freedom are to endure, if representative institutions are to be made impregnable and if the
new economic reforms and an all round effort at liberalisation are to bear fruits, it is essential
to restore to Parliament and its Members their traditional esteem and honour in the affections
of the people. Reforming the Parliament in essential respects is already a categorical
imperative. An integrated approach to political and economic systems reforms is necessary.
No single reform can provide a miracle cure. Also, parliamentary reforms cannot be affected
in a hurry. We must proceed with care and caution and begin by setting up a Parliamentary
Reforms Commission or a ‘Study of Parliament Group’ outside parliament as was done in U.K.
before the procedural reforms. Finally, of course, the Rules committee or a Special Procedure
Committee of the House should report on the matter. After reading the various aspects of topic
powers and importance of Indian Parliament the project is summed up. In summing up the
researcher through his research has analysed the powers, role,importance of Indian Parliament.

23
Bibliography: -
Books: -
1)LAXMIKANTH, M. , INDIAN POLITY , 5TH EDITION , 2017
2) SHANKAR , B. L. , THE INDIAN POLITY :A democracy at work

3)MYNENI,S R, POLITICAL SCIENCE FOR LAW STUDENTS, 2013

4)KAPUR,A C, PRINCIPLES OF POLITICAL SCIENCE, 2012

5)BANARJEE,DR R C, SOCIAL STUDIES 2013

ONLINE WEBSITES:-
http://www.parliamentofindia.nic.in/ls/intro/p3.htm,

http://www.shareyouressays.com/knowledge/the-legislative-powers-of-the-parliament-under-
the-indian-constitution/115293

https://www.gktoday.in/gk/parliament-of-india/

https://www.jagranjosh.com/general-knowledge/power-and-functions-of-indian-parliament-
1438144925-1

https://rajyasabha.nic.in/rsnew/council_state/council_state.asp

https://loksabha.nic.in/

24
25