POWERS, FUNCTIONS AND LIMITATIONS OF LEGISLATIVE ORGANS

Written By - Khushi Sheikh

INTRODUCTION

The term "legislative" can be defined as making or having the power to make law or laws.[1] Legislative organs are those organs of government who makes or have the power to make laws. This overarching body, universally known as the legislature, assumes a position of profound significance in every democratic state. It functions as an assemblage of duly elected representatives, serving as the embodiment of national public opinion and the collective power of the citizenry.The term "parliament" serves as a synonymous counterpart to "legislature," yet the nomenclature of these legislative bodies undergoes distinct variations on a global scale. In the United Kingdom, the legislative body is denoted as 'Parliament,' while across the Atlantic in the United States, it assumes the appellation of 'Congress.' It's noteworthy that the term 'Parliament' not only signifies the name of the legislative body but also conveys its status as the supreme entity in the realm of lawmaking.

The laws crafted by these legislative bodies hold a distinctive stature, being recognized as primary and supreme legislations. This recognition underscores their foundational role in shaping the legal landscape of a nation. Thus, the interplay of terminology and institutional significance elucidates the multifaceted nature of legislative organs, their diverse titles, and the central role they play in democratic governance.

1.TYPES OF LEGISLATURE

In contemporary governance, the structure of a legislature is dichotomous, falling into the categories of either Bicameral or Unicameral. Bicameralism delineates a legislative body with two houses or chambers, while unicameralism signifies a single-house legislature. The prevalence of bicameral legislatures is conspicuous, particularly in sizable states, with a multitude adopting this dual-chambered model (Bi = Two, Cameral = House). Conversely, smaller states and provinces within federal systems often opt for unicameral legislatures.

In bicameral systems, the initial house is commonly termed the lower house, while the subsequent house assumes the nomenclature of the upper house. Nations such as the USA, UK, France, Russia, Switzerland, and Australia, among numerous others, embrace the bicameral legislative structure. India follows suit with a bicameral legislature, as mandated by Article 79 of the Indian Constitution, stipulating the existence of a parliament for the union comprising the President and two houses known as the Council of States and the House of the People. While this pertains to the union legislature, some countries, including India, also maintain a bicameral structure at the state level. Notably, out of the 28 states, six exhibit bicameralism, reflecting the varied legislative architectures within the global democratic landscape.This state bicameral legislature is established by article 168 of constitution of India.

The unicameral legislatures are working in China, New Zealand, Zimbabwe, Turkey, Portugal and several other states. The state legislatures of all the Canadian and Swiss Cantons (provisions) are unicameral.

2.FUNCTIONS

1.Legislative function

Foremost among the functions of a legislature is the pivotal role of legislating, which entails the formulation and enactment of laws. In antiquity, legal frameworks often emanated from customs, traditions, and religious doctrines or were decreed as royal edicts. However, in the contemporary democratic landscape, the legislature stands as the primary source of law. It is the legislative body that translates the collective will of the state into legal statutes, conferring upon them a binding and authoritative character. This transformative process converts the demands and aspirations of the populace into tangible laws.

Within the democratic framework, a crucial delineation of powers exists between the central authority (Union) and individual states, as evidenced by the Union List, State List, and Concurrent List. The Union List, comprising 97 subjects, exclusively vests the authority to enact laws in Parliament. Simultaneously, both Parliament and State Legislatures wield legislative authority over matters in the Concurrent List. In instances where both central and state entities legislate on a concurrent subject, the supremacy of the central law prevails in case of a conflict. The Parliament also assumes residuary powers, encompassing subjects not explicitly listed in any category. This extensive scope of legislative authority empowers the Parliament to legislate across the Union List, Concurrent List, and, under certain circumstances, even the State List. The breadth of this legislative mandate underscores the comprehensive nature of lawmaking within the democratic structure.

2. Executive function

Within a parliamentary system of governance, an intimate interconnection exists between the legislature and the executive. The executive, responsible for its actions, is answerable to the legislature. The Prime Minister and the Council of Ministers, in India and other parliamentary systems, carry the dual responsibility of being individually and collectively accountable to the Parliament. The Parliament holds the authority to displace a ministry by either passing a vote of no-confidence or withholding an endorsement of a confidence motion. Instances of such parliamentary interventions are not unprecedented and have occurred, as seen in 1999 when the Atal Bihari Vajpayee Government, facing a confidence motion in the Lok Sabha, resigned following a narrow defeat by just one vote.

3. Financial Function

The Parliament assumes a pivotal role in critical financial functions, serving as the custodian of public funds and exercising control over the entire purse of the Central Government. No expenditure can be incurred without parliamentary approval, a process that may precede or, in rare instances, follow the actual spending. The annual approval of the budget is a cornerstone of parliamentary financial authority.

Parliament has the sole power not only to authorise Expenditure for the public services and to specify the purposes to which that money shall be appropriated, but also to provide the ways and means to raise the revenue required, by means of taxes and other impositions and also to ensure that the money that was granted has been spent for the authorised purposes.[2]

4. Electoral Function

Elected members of Parliament play a crucial role as members of the Electoral College during Presidential Elections. They actively participate in the election of the President and Vice-President. Within the Lok Sabha and Rajya Sabha, the election process extends to the selection of the Speaker, Deputy Speaker, and Deputy Chairman, respectively, underscoring the integral role Parliament plays in shaping the leadership landscape.

5. Deliberative Functions

A modern legislature, including Parliament, engages in deliberative functions, contemplating matters of national importance, public issues, and societal needs. This deliberative process serves as a platform for the expression of public opinion on various issues. The debates held within the legislature not only shape policy but also serve an educative purpose, providing valuable insights to the public.

6. Representation:

Parliament stands as a representative body, embodying diverse views from members hailing from different regions, social strata, economic backgrounds, and religious affiliations across the nation. This representation underscores the inclusivity and diversity integral to effective governance.

7. Judicial Functions:

The judicial functions of Parliament encompass the consideration of proposals for the removal of the President, Vice-President, and judges of High Courts and the Supreme Court. This role reflects the parliamentary responsibility in upholding the integrity of the judiciary.

8. Amendment of the Constitution:

While the Parliament possesses the authority to amend most parts of the Constitution with a special majority, certain provisions necessitate approval from the States. In the federal structure of India, the amending power of Parliament is circumscribed. The Supreme Court, crucially, has ruled that Parliament cannot alter the basic structure of the Constitution, a foundational principle previously explored in another lesson on the amending procedure. This underscores the delicate balance between constitutional flexibility and preservation of its core tenets.

9. Miscellaneous Functions:

Beyond the functions previously elucidated, Parliaments undertake a diverse array of additional roles. Some of these multifaceted functions include:

A. Emergency Proclamations:

- While the President holds the authority to declare emergencies, the Parliament plays a crucial role in the approval of such proclamations.

B. State Formation and Alteration:

- Parliament possesses the authority to establish new states by either separating territories from existing states or uniting two or more states. Additionally, it can alter state boundaries and names. This power was evident in the early 2000s with the creation of new states like Chhattisgarh, Jharkhand, and Uttarakhand.

C. Admission of New States:

- Parliament holds the prerogative to admit or establish new states within the Indian Union, exemplified by the inclusion of Sikkim in 1975.

D. Creation or Abolition of Legislative Councils:

- The Parliament has the authority to create or abolish Legislative Councils in states, a decision contingent upon the request of the concerned State Assemblies. This reflects the nuanced role Parliament plays in the structural aspects of state governance.

3. POWERS OF LEGISLATIVE ORGANS

As the legislature or parliament of India consist of two houses. There powers are as follows

Powers of the Lok Sabha:

1. Legislative Authority:

- The Lok Sabha holds the authority to legislate on subjects enumerated in the Union List and Concurrent List, with the ability to introduce and pass both money and non-money bills.

2. Financial Oversight:

- It plays a pivotal role in the approval of proposals related to taxation, budgets, and annual financial statements, reinforcing its control over crucial fiscal matters.

3. Executive Scrutiny:

- The Lok Sabha exercises rigorous oversight over the executive branch by posing questions, supplementary queries, resolutions, and motions. Additionally, it can express lack of confidence through a no-confidence motion, a potent mechanism for holding the executive accountable.

4. Constitutional Amendments:

- It possesses the authority to amend the Constitution, showcasing its role in shaping the foundational legal framework of the nation.

5. Emergency Powers:

- The Lok Sabha holds the responsibility to approve proclamations of emergency, signifying its role in endorsing critical decisions during extraordinary circumstances.

6. Electoral Functions:

- The Lok Sabha actively participates in the electoral process by electing the President and Vice President. It also holds the power to remove Judges of the Supreme Court and High Court, underlining its influence in the judiciary.

7. Committee Establishment:

- The Lok Sabha establishes committees and commissions, playing a pivotal role in scrutinizing various aspects of governance. It actively considers their reports, contributing to comprehensive policy evaluation.

Powers of the Rajya Sabha:

1. Legislative Role:

- The Rajya Sabha engages in the consideration and approval of non-money bills and provides insights and amendments to money bills, showcasing its legislative influence.

2. Constitutional Amendments:

- It holds the authority to approve constitutional amendments, contributing to the broader constitutional evolution of the nation.

3. Executive Oversight:

- The Rajya Sabha exercises control over the executive by posing questions, introducing motions, and resolutions, actively participating in the checks and balances within the parliamentary system.

4. Electoral Functions:

- It plays a crucial role in the election and removal of key officials, including the President, Vice President, and Judges of the Supreme Court and High Court. Notably, it can independently initiate the procedure for the removal of the Vice President.

5. Empowerment of Union Parliament:

- The Rajya Sabha holds the authority to confer the Union Parliament with the power to legislate on subjects included in the State List, showcasing its role in balancing federal powers.

These delineated powers underscore the intricate and comprehensive roles both the Lok Sabha and Rajya Sabha play in the legislative, financial, executive, and electoral realms, contributing to the robust functioning of Indias parliamentary system.

Special Powers:

The Rajya Sabha serves as an institutional mechanism dedicated to providing representation to the States, with a primary objective of safeguarding state powers. Consequently, any matter that impacts the States necessitates referral to the Rajya Sabha for its consent and approval. In situations where the Union Parliament seeks to transfer a subject from the State list, exclusive to state legislatures, to either the Union List or Concurrent List in the national interest, the approval of the Rajya Sabha becomes indispensable. This provision enhances the efficacy of the Rajya Sabha, fortifying its role in federal governance. However, empirical evidence indicates that Rajya Sabha members often align more with their political parties than with the interests of their respective states.

Powers Exercised Only by the Lok Sabha:

1. Exclusive Authority over Money Bills:

- The Lok Sabha singularly exercises the powers to initiate, reject, or amend money bills. The Rajya Sabha does not share this authority, emphasizing the financial prerogatives vested in the lower house.

2. Responsibility of the Council of Ministers:

- The Council of Ministers is directly accountable to the Lok Sabha, not the Rajya Sabha. Consequently, while the Rajya Sabha can critique the governments actions, it lacks the authority to effect its removal. This distinction underscores the pivotal role of the Lok Sabha in the executive oversight.

3. Equality in Most Spheres:

- In numerous spheres, such as the passage of non-money bills, constitutional amendments, and the initiation of processes like impeaching the President or removing the Vice President, the powers of the Lok Sabha and Rajya Sabha are co-equal. This parity underscores the collaborative nature of legislative functions across the two houses.

The distinct powers vested in each house, as well as the shared responsibilities, contribute to the intricate balance within Indias bicameral parliamentary system, ensuring effective representation and governance.

4. LIMITATIONS OF LEGISLATIVE ORGANS

The Parliament of India, as established by the Constitution, possesses inherent limitations to ensure a limited government. This term underscores that all constitutional organs are endowed with restricted powers, preventing any claim to unlimited authority or legal omnipotence.

1. Theory of Basic Structure as a Limitation on Amending Power

The theory of basic structure, upheld in cases like Keshavanda Bharati v. State of Kerala, [4]imposes limitations on the legislatures amending power. This doctrine asserts that the amending power, while conferred by the Constitution, remains limited and cannot transform into unlimited authority.

2. Written Constitution as a Limitation

A written constitution acts as a legal instrument of higher order, imposing limitations on all state organs. In the U.S. and India, where a written constitution is in force, it serves as a legal restriction on the powers of state organs, fostering a system of limited governance.

3. Judicial Review of Parliamentary Privileges and Proceedings

While the Constitution guarantees certain rights and immunities to the Parliament and individual MPs, the judiciary maintains the power of judicial review over the exercise of these privileges. The courts may examine whether the exercise of privileges aligns with the fundamental rights of citizens.

4. Judicial Review as a Limitation

The judiciary, often termed the guardian of the Constitution, possesses the authority to enforce and declare any legislation void if it violates constitutional provisions, particularly fundamental rights and basic constitutional features. The doctrine of judicial review plays a crucial role In ensuring a check on legislative actions.

5. Bar on Discussion of Conduct of Judges as a Limitation

Article 121 and 211 of the Indian Constitution prohibit the discussion of a judges conduct in the Legislature. Exceptions are made only in the case of impeachment proceedings, with such matters falling exclusively under parliamentary jurisdiction.

6. Legislative Vacuum as a Limitation

Inadvertence or legislative indifference leading to a legislative vacuum has paved the way for judicial activism and delegated legislation in India. Instances like Vishaka v. State of Rajasthan[5] showcase the judiciary stepping in to address lacunae in legislation.

7. Implied Limitations

Beyond explicit constitutional provisions, there exist implied limitations that have evolved through judicial interpretation. Courts, through judicial activism, have added nuances to constitutional principles, amplifying fundamental rights and adding new dimensions to constitutional provisions.

Conclusion

In conclusion, the Constitution of India serves as the cornerstone of our legal framework, establishing the Legislature, Executive, and Judiciary as essential components. While the legislature is entrusted with constitutional functions, it is imperative to recognize that the executive holds the role of actual lawmaking. The judiciary, as the vigilant sentinel, safeguards the constitution through landmark judgments. Despite the affirmed separation of powers as a fundamental aspect of the Indian Constitution, recent significant rulings raise questions about its practical application. The blame game between the judiciary and legislature, each accusing the other, is evident, yet it is crucial to acknowledge that legislative bodies have a significant role in the lawmaking process. For the true realization of the rule of law in our state, effective coordination between the legislature and the executive is indispensable.