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Analyze the Parliament’s involvement in the legislative process, including the introduction of budgets, the passing of laws, and the supervision of the executive. Examine the restrictions and limitations placed on the Parliament’s ability to enact laws.
The executive branch in the Indian political system comprises the President, the Prime Minister, and the Council of Ministers. The Constitution outlines the powers and responsibilities of each of these entities, as well as the mechanisms for ensuring their accountability to the Parliament and the judiciary.
Executive Powers and Functions:
1.The President:
The President is the ceremonial head of the state and exercises executive powers on the advice of the Council of Ministers.
The President’s powers include the appointment of the Prime Minister, the dissolution of the Lok Sabha, the promulgation of ordinances, and the granting of pardons.
The President also serves as the Supreme Commander of the Armed Forces and plays a role in the legislative process.
2. The Prime Minister and the Council of Ministers:
The Prime Minister is the head of the executive branch and the leader of the majority party or coalition in the Lok Sabha.
The Prime Minister chairs the Cabinet and oversees the functioning of the various ministries and departments.
The Council of Ministers, led by the Prime Minister, is collectively responsible to the Lok Sabha and exercises a wide range of executive powers, including policymaking, implementation, and administration.
Accountability Mechanisms:
1.Accountability to the Parliament:
The Prime Minister and the Council of Ministers are collectively responsible to the Lok Sabha, the lower house of the Parliament.
The Parliament exercises oversight through mechanisms such as question hours, debates, and the introduction of no-confidence motions.
The Parliament also has the power to impeach the President for “violation of the Constitution.”
2.Accountability to the Judiciary:
The judicial branch, led by the Supreme Court, plays a crucial role in ensuring the accountability of the executive.
The courts have the power to review the actions of the executive and declare them unconstitutional if they are found to be in violation of the law or the Constitution.
The principle of “judicial review” has been established as a core feature of the Indian constitutional framework.
Debates on Discretionary Powers:
The extent of the executive’s discretionary powers has been a subject of ongoing debate and discussion:
1. Concerns about Concentration of Power:
There are concerns that the executive, particularly the Prime Minister and the Cabinet, wield excessive discretionary powers, which can lead to the concentration of power and the potential for abuse.
2. Balancing Efficiency and Accountability:
The need for efficient decision-making and effective governance must be balanced with the imperative of ensuring accountability and preventing the arbitrary use of power.
3. Judicial Intervention and the Doctrine of “Basic Structure”:
The judiciary has played a crucial role in defining the limits of executive discretion, particularly through the development of the “basic structure” doctrine, which restricts the Parliament’s ability to amend the Constitution’s core features.
4. Evolving Interpretations and Contextual Considerations:
The debates surrounding the executive’s discretionary powers are ongoing, with the courts and the political system continuously evolving their interpretations based on changing contexts and emerging challenges.
The effective exercise of executive powers, while maintaining a balance with the principles of parliamentary democracy and the rule of law, remains a dynamic and complex challenge in the Indian political landscape. Ongoing efforts to strengthen the accountability mechanisms and strike the right balance between efficiency and oversight are crucial for the healthy functioning of the Indian democracy.
Role of Parliament in the Legislative Process
Passage of Bills
Introduction of Bills:
Types of Bills: There are three main types of bills—Ordinary Bills, Money Bills, and Constitutional Amendment Bills.
Introduction: Bills can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha) by ministers or private members. Money Bills, however, can only be introduced in the Lok Sabha.
Stages of Passing a Bill:
First Reading: The bill is introduced and its title and objectives are read out. It is then published in the official gazette.
Second Reading: This involves a detailed examination and discussion on the bill’s principles. It is divided into three stages:
General Discussion: The bill is debated but not voted on.
Committee Stage: The bill is referred to a Standing Committee for detailed examination and report.
Consideration Stage: The House considers the bill clause by clause and makes amendments.
Third Reading: The final version of the bill is debated and voted upon. If passed, it is sent to the other House, where a similar process is followed.
Presidential Assent: Once both Houses pass the bill, it is sent to the President for assent. The President can give assent, withhold assent, or return the bill (except Money Bills) for reconsideration.
Money Bills:
Money Bills deal exclusively with financial matters like taxation and government spending.
They can only be introduced in the Lok Sabha with the President’s recommendation.
The Rajya Sabha cannot amend Money Bills but can recommend amendments, which the Lok Sabha may accept or reject.
The President cannot return a Money Bill for reconsideration.
Introduction of Budgets
Annual Financial Statement: The Union Budget is presented by the Finance Minister in the Lok Sabha, detailing the government’s revenue and expenditure for the upcoming fiscal year.
Budget Discussions:
General Discussion: Members of Parliament debate the budget’s general principles and policies.
Departmental Consideration: The budget is divided among various departments, and each is discussed in detail by respective Standing Committees.
Demand for Grants: Each ministry’s expenditure is presented as a demand for grants. These are debated and voted on by the Lok Sabha.
Appropriation Bill: After the demands for grants are passed, an Appropriation Bill is introduced to authorize the withdrawal of funds from the Consolidated Fund of India.
Finance Bill: This bill contains provisions for taxation and is introduced to implement the financial proposals in the budget.
Oversight of the Executive
Question Hour: Members of Parliament can question ministers about their departments’ policies and administration, ensuring accountability.
Zero Hour: An informal session where MPs can raise urgent public issues without prior notice.
Debates and Discussions: Parliament debates issues of national and international importance, enabling scrutiny of executive actions.
Parliamentary Committees: Various committees like the Public Accounts Committee (PAC), Estimates Committee, and Committee on Public Undertakings examine the expenditure and administration of government departments.
Motions:
No-Confidence Motion: Can be moved in the Lok Sabha to express lack of confidence in the Council of Ministers. If passed, the government must resign.
Adjournment Motion: Raises discussions on urgent matters requiring the government’s attention.
Constraints and Limitations on the Legislative Power of Parliament
Federal Structure: The division of powers between the Union and States limits Parliament’s legislative competence to subjects in the Union List and Concurrent List. States have exclusive jurisdiction over subjects in the State List.
Judicial Review: The judiciary can review and strike down any parliamentary legislation that violates the Constitution, ensuring that Parliament’s powers are exercised within constitutional bounds.
Presidential Assent: The President can withhold assent to bills or return them (except Money Bills) for reconsideration, providing a check on Parliament’s legislative actions.
Bicameral Legislature: The Rajya Sabha (Upper House) serves as a revising chamber, scrutinizing and suggesting amendments to bills passed by the Lok Sabha (Lower House).
Fundamental Rights: Laws passed by Parliament must not infringe upon the fundamental rights guaranteed by the Constitution. Any law violating these rights can be declared unconstitutional.
International Treaties and Agreements: Parliament’s legislative powers are sometimes constrained by international treaties and obligations that India has committed to.
Financial Restrictions: Money Bills and budgetary allocations must have the President’s recommendation and cannot be introduced in the Rajya Sabha, limiting Parliament’s financial legislative powers.
Emergency Provisions: During a national emergency, the Union Parliament can legislate on State subjects, but this power is temporary and subject to specific conditions.