ICSE Class 10 Political Science Union Legislature Short Summary on the Union Legislature Part 4

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Power and Function of Union Parliament

Power and Function of Union Parliament
Legislative PowerThe primary function of Parliament is to make laws for governance of country. It has exclusive right to make laws on the subject mentioned in Union List, Residuary Subject. With respect to Concurrent subject the Parliament has overriding power i.e.. the law of Parliament prevails over the law of the state legislature in case of conflict between two.

The Constitution also empower the Parliament to make laws on State List under following 5 abnormal condition:

1. When Rajya Sabha passes resolution.

2. When proclamation of National Emergency is in operation.

3. When 2 or more state make a joint request to the Parliament.

4. When necessary to give effect to international agreement.

5. When President rule in in operation in state

Note: All the ordinance issued by the President (during the recess of Parliament) must be approved by the Parliament within 6 weeks after its reassembly.

Executive Power (Parliament control over Executive)1. Parliament exercise control over the Executive through Question hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion etc.

2. Parliament also supervise the activities of executive with the help of its various committee.

3. The minister are collectively responsible to Parliament in general and to the Lok Sabha in particular.

Financial Power1. No tax can be levied, and no expenditure can be incurred by the executive except under the authority and approval of Parliament.

2. The Parliament also scrutinize government spending and financial performance with the help of financial committee.

Judicial Power1. It can impeach the President for the violation of constitution.

2. It can remove the Vice President from its office.

3. It can recommend the removal of Judges (including Chief Justice of Supreme Court and High Court, Chief Election Commissioner, Comptroller and Auditor General to the President.

4. It can punish its members or outsiders for the breach of its privileges or its contempt.

Electoral Power1. The Parliament participate in the election of President and Vice President.

2. The Lok Sabha elects its speaker and Deputy Speaker.

3. Rajya Sabha elects its Deputy Chairman.

Amendment of ConstitutionThere are 3 ways to do amendment of Constitution as provided in Article 368

1. Simple Majority (means majority of the member of each house present and voting)

E. g. : Admission or establishment of new state, Quorum in Parliament etc.

2. Special Majority (that is the majority of more than 50 % of total membership of house and a majority of 2/3 of the member of each house present and voting.

E. g. : Amendment to Fundamental Rights and Directive Principle of State Policy etc.

3. Special Majority and Consent of State (that is the majority of more than 50 % of total membership of house and a majority of 2/3 of the member of each house present and voting and with the consent of half of the state legislature by simple majority

E. g. : Amendment to Election of President of India, Supreme Court High Court etc.