The legislative power of the Indian Parliament is detailed in the Constitution of India (Part V: The Union, Chapter II: Parliament). The legislative authority vested in the Parliament is comprehensive and covers various aspects, including the enactment of laws, the approval of the budget, and the amendment of the Constitution.
1. Enactment of Laws:
A. Ordinary Legislation:
- Parliament has the power to make laws on subjects enumerated in the Union List and Concurrent List. The Union List includes subjects on which only the central government can legislate, while the Concurrent List includes subjects on which both the central and state governments can legislate.
B. Exclusive Power of Parliament:
- The Parliament has exclusive power to legislate on matters in the Union List. It also has the power to legislate on Concurrent List subjects if a law is necessary to implement an international treaty or if the Rajya Sabha passes a resolution by a two-thirds majority declaring that it is expedient to legislate on the matter.
C. Residuary Powers:
- The Parliament also has residuary powers to legislate on matters not covered by the Union List or Concurrent List.
D. State Legislation:
- While the state legislatures have the power to make laws on subjects in the State List, if there is a conflict between a state law and a central law on a Concurrent List subject, the central law prevails.
2. Approval of the Budget:
A. Annual Financial Statement:
- The government presents the Annual Financial Statement, commonly known as the budget, in Parliament.
B. Appropriation Bills:
- Parliament has the authority to approve the expenditure detailed in the budget through the passage of Appropriation Bills.
C. Vote on Account:
- In case the budget is not approved before the beginning of the new financial year, Parliament can grant a Vote on Account to allow the government to withdraw funds to meet its expenses.
3. Amendment of the Constitution:
A. Special Majority:
- Parliament has the power to amend the Constitution of India. Constitutional amendments require a special majority, which means that the amendment must be passed by a majority of the total membership of each house and by a majority of not less than two-thirds of the members present and voting.
B. Certain Amendments:
- Some amendments, such as those affecting federal structure or representation of states in Parliament, also require the approval of a majority of the states.
C. Limitations:
- While Parliament has the authority to amend the Constitution, it cannot alter the federal structure, the representation of states in Parliament, or certain powers conferred on states.
4. Emergency Powers:
A. National Emergency:
- During a proclamation of a National Emergency, Parliament can legislate on matters that fall within the State List.
B. State Emergency:
- During a proclamation of President’s Rule in a state, Parliament can legislate on matters that fall within the State List.
5. Parliamentary Committees:
A. Role in Legislation:
- Parliamentary committees, such as the Standing Committees and Select Committees, play a crucial role in the legislative process. They scrutinize bills, examine budgetary allocations, and provide valuable inputs.
6. Judicial Review:
A. Supreme Court Review:
- The Supreme Court of India has the authority of judicial review to ensure that laws passed by Parliament adhere to the provisions of the Constitution.
7. Parliamentary Oversight:
A. Question Hour and Debates:
- Parliament exercises oversight through mechanisms like Question Hour, debates, discussions, and committee reports.
B. Motions and Resolutions:
- Members of Parliament can move motions and resolutions to express their views and initiate debates on various issues.
The legislative power of the Indian Parliament is extensive, and the Constitution establishes a system of checks and balances to ensure that this power is exercised responsibly and in adherence to constitutional principles. The role of Parliament in lawmaking, budget approval, constitutional amendments, and oversight contributes to the functioning of a robust democratic system in India.
