Powers and Functions of the Rajya Sabha and Lok Sabha

Powers and Functions of the Rajya Sabha and Lok Sabha

1. Legislative Powers

   • Matters in the Union List
     • 97 subjects- Defence, communications, foreign policy, etc
   • Matters in the Concurrent list
     • 47 Subjects- working with the state legislature on certain subjects. Union will prevail in case of conflict
   • Residuary Powers
     • Can make laws on matters not mentioned in any list
   • Matters in the State List
     • Can make laws on matters in the state list: 1. during emergency 2. Rajya Sabha - state matter has gained national importance 3. 2+ states feel parliament must legislate on any state subject- act will be passed applicable to only those states
   • Ordinances
     • President- promulgate ordinances when parliament not in session.
   • Powers during Emergency
     • Parliament becomes legislature in the state concerned and assumes all powers, including the financial powers of passing the State Budget

2. Financial Powers

   • Budget
     • Passes the Union Budget
   • Supplementary Grants
     • Can make a fresh demand for a supplementary grant in case the provided revenue is insufficient
   • Vote on Account
     • authorizing Executive to draw funds from the consolidated fund till budget is passed
   • Salaries
     • salarie and allowances of the MPs and Ministers are determined by the Parliament
   • Permission for Taxes
     •   1. Money bills can only originate in the Lok Sabha 2. Rajya Sabha takes it for considerationa and can make suggestions but must return it in 14 days 3. LS may or may not accept suggestions

3. Control over the Executive

   • Interpellation
     • Question Hour, Calling Attention Notices and Half an Hour Discussions. QUestions asked to obtain info abt. matters of Public importance
   • Vote of No-confidence
     • Vote of no-confidence against PM or Ministry or any specific member
   • Adjournment Motion
     • Censuring Acts of Omission and Commission
   • Other Motions of Censure
     • Motions of Censure against a minister, rejection of Government Bill, 
   • Monetary Controls
     • ensuring the public money is spent on in accordance with parilaments decision

4. Judicial Powers

   • Impeachment of the President
     • House may frame charges aginst president- if resolution is passed with 2.3rd majority - IMPEACHED
   • Removal of Judges
     • if found guilty of violating provisions of Constitutions
   • Punishment
     • can punish a person for obstructing or disrespecting work done by the parliament

5. Electoral Functions

   • 1. Parliament along with State Legislatures elect president 2. Vice P is elected by the Parliament 3. electing Speaker, Dept. Speaker and Dept. Chairman

6. Amendment of the Constitution

   • amendment must be passed by each house  by 2/3rds majority