PRIVILEGES AND FUNCTIONS OF PARLIAMENT

INTRODUCTION
Parliamentary privileges are special rights, immunities and exemptions enjoyed by both Houses of Parliament, their committees and members. These ensure independence, dignity and effective functioning of the legislature. Privileges also extend to Union Ministers and the Attorney General who participate in proceedings.

SOURCES OF PARLIAMENTARY PRIVILEGES
1. Constitutional Provisions (Article 105)
2. Laws made by Parliament
3. Rules of both Houses
4. Parliamentary conventions
5. Judicial interpretations

INDIVIDUAL PRIVILEGES OF MPs
• Freedom from arrest in civil cases:
  - During the session and 40 days before and after it.
  - Not applicable to criminal cases or preventive detention.
• Freedom of speech in Parliament:
  - No MP is liable in court for anything said/voted in Parliament or its committees.
  - Subject to constitutional provisions and rules of the House.
• Exemption from jury duty and appearance as witness during session.

COLLECTIVE PRIVILEGES OF PARLIAMENT
• Right to publish debates, reports and proceedings; also to prohibit publication.
• Freedom of press restored by 44th Amendment (except in secret sittings).
• Right to exclude strangers and hold secret sittings.
• Authority to regulate internal procedure and business.
• Power to punish members/outsiders for breach of privilege or contempt.
• Right to immediate information on arrest or detention of a member.
• Power to summon witnesses, order documents and conduct inquiries.
• No arrest or service of legal process in House precincts without presiding officer’s permission.

FUNCTIONS OF PARLIAMENT

1. LEGISLATIVE FUNCTIONS
• Makes laws for the country.
• Exclusive power on Union List and residuary subjects.
• Overrides State Legislature on Concurrent List.
• Approves President’s ordinances within 6 weeks of reassembly.
• Delegates rule-making to Executive under delegated legislation.
• Can make laws on State List under special circumstances:
  - Rajya Sabha resolution (Art. 249)
  - National Emergency (Art. 352)
  - States’ request (Art. 252)
  - International treaties
  - President’s Rule (Art. 356)

2. EXECUTIVE CONTROL
Parliament exercises control through:
• Question Hour, Zero Hour
• Calling attention motion
• Adjournment motion
• No-confidence motion
• Censure motion
• Cut motions
• Parliamentary committees
Other aspects:
• Council of Ministers collectively responsible to Lok Sabha.
• Individual ministerial responsibility.
• Lok Sabha can remove government through no-confidence motion.

3. FINANCIAL FUNCTIONS
• No tax or expenditure without Parliament’s approval.
• Executive accountable to Parliament for public finances.
Two stages of control:
• Budgetary Control (before spending)
• Post-budgetary Control (after spending) through committees:
  - Public Accounts Committee (PAC)
  - Estimates Committee
  - Committee on Public Undertakings
Budget Principles:
• Principle of annuity – funds granted for one year.
• Rule of lapse – unspent funds lapse at year-end.

4. CONSTITUENT FUNCTIONS
• Parliament amends the Constitution (Article 368).
Methods:
• Simple majority – non-fundamental provisions
• Special majority – most constitutional amendments
• Special majority + ratification by 50% states – federal provisions
• States can only request creation/abolition of Legislative Councils.

5. JUDICIAL FUNCTIONS
• Impeachment of President.
• Removal of Vice-President.
• Recommend removal of:
  - Judges of SC/HC
  - Chief Election Commissioner
  - CAG
• Punish MPs/outsiders for breach of privilege.

6. ELECTORAL FUNCTIONS
• Participates in election of President.
• Elects Vice-President.
• Lok Sabha elects Speaker & Deputy Speaker.
• Rajya Sabha elects Deputy Chairman.
• Enacts laws for regulating elections (RPA 1950, RPA 1951).

7. OTHER POWERS
• Highest deliberative body – debates national & international matters.
• Approves emergency proclamations.
• Creates/abolishes State Legislative Councils.
• Alters state boundaries, names and areas.
• Determines Supreme Court & High Court jurisdiction.
• Creates common High Courts for states.

SPECIAL POWERS OF LOK SABHA
• Council of Ministers responsible only to Lok Sabha (Article 75).
• Money Bills: Lok Sabha supreme.
• Speaker presides over Joint Sittings.
• Can withdraw National Emergency.
• Greater say in committees due to larger numerical strength.
• Only House that can pass no-confidence motion.

SPECIAL POWERS OF RAJYA SABHA
• Can allow Parliament to legislate on State List matters (Art. 249).
• Can initiate creation of All-India Services (Art. 312).
• Initiates removal of Vice-President.
• Can approve emergency when Lok Sabha is dissolved.
• Equal status with Lok Sabha in all non-financial matters.

POSITION OF RAJYA SABHA COMPARED TO LOK SABHA

Rajya Sabha has EQUAL powers in:
• Ordinary Bills
• Constitutional Amendments
• Approval of ordinances
• Election & removal of President/Vice-President (initiation only in RS)
• Removal recommendations for SC/HC judges, CEC, CAG
• Approval of emergencies
• Oversight of constitutional bodies
• Expanding jurisdiction of SC & UPSC

Rajya Sabha has UNEQUAL powers in:
• Money Bills: RS cannot amend or reject; only recommend.
• Financial Bills (Art. 117): Can only discuss and recommend.
• Speaker of Lok Sabha decides what is a Money Bill.
• LS Speaker presides over Joint Sittings.
• LS exclusively votes on Demands for Grants.
• Only LS can end National Emergency prematurely.
• RS cannot remove the government (no-confidence motion).

NEED FOR PARLIAMENTARY CONTROL OVER EXECUTIVE
• India follows indirect parliamentary democracy – accountability essential.
• Parliament safeguards public finances.
• Prevents concentration of executive power.
• Ensures transparency, debate, public opinion shaping.
• Guarantees credible, fair, and effective legislation.

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Subject: Polity

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