POWERS OF PARLIAMENT OF INDIA

1.Legislative Powers

(i) Union List. The Union Parliament has power to make laws on the subjects enumerated in the Union List. There are 97 subjects in that list.

(ii) Concurrent List. Parliament can make laws on the subjects included in the Concurrent list. There are 52 subjects in this list. If Parliament and the Legislature of a State both make laws with respect to one of the matters enumerated in the Concurrent List, the law made by Parliament prevails.

(iii) Enactment. If the Council of States declares by a resolution supported by not less than two-third of the members present and voting that it is expedient in national interest that Parliament should make law with respect to any matter given in the State List specified in the resolution, Parliament can make laws with respect to that matter. 

(iv) State List. If the Legislatures of two or more States authorize Parliament to make laws on any of the subjects included in the State List, Parliament can do so.

(v) Emergency. While a Proclamation Parliament has the power to legislate for of Emergency is in operation the whole or any part of the country in respect to any matter given in the State List,

(vi) Suspension of State Legislatures. If there is a breakdown of the constitutional machinery in a State and the President has by Proclamation made a declaration to that effect the State Legislature stands suspended and Parliament makes enumerated in the State List, laws even on the subjects

(vii) Jurisdiction, Parliament has the power to make law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any international conference, association or other body.

(viii) Residuary Power. Residuary power is vested in Parliament. has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.

2. Financial Powers. Parliament controls the National Finances. No taxes can be raised, money borrowed or spent without the permission and authority of Parliament and in the manner prescribed by it. Parliament, however, has no control over the expenditure charged upon the Consolidated Fund of India. But it can by law declare any expenditure to be charged on the Consolidated Fund.

3. Parliament. controls the executive. Members of the Council of Ministers are members of Parliament. The Council is collectively responsible to the Lok Sabha. It remains in office only so long as it enjoys the support of the majority in that House. Parliament also controls general administration and the working of various Ministries by seeking information by means of questions, supplementaries and by moving motions of adjournment, censure, no-confidence etc.

4. Constituent Powers. Parliament may in exercise of its constituent powers amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down in Article 368 of the Constitution.

5. Electoral Powers. Elected members of both Houses of Parliament participate in the election of the President. The Vice-President of India is elected by an Electoral College consisting of the members of both Houses of Parliament.

6. Power to Remove President. The Constitution provides that the President, for violation of the Constitution, may be removed from his office by impeachment. The charge can be preferred by either House. When the charge is preferred by one House, the other House investigates it, and if the charge has been sustained, the President stands removed from his office.

7. Power to Remove Vice-President. The Vice-President of India can be removed from his office by the Council of States by a resolution passed by the two-third majority of all the members of the Council and agreed to by the Lok Sabha. 8. Power to Remove Judges. A Judge of the Supreme Court or a High Court may be removed from his office by the President on an address passed by both Houses of Parliament.

9. Power to Admit and Create New States etc. Parliament can by law admit into the Union, or establish new States. It can form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State. Parliament can increase the area of any State, diminish the area of any State, alter the boundaries of any State and alter the name of any State.

10. Judicial Powers. (i) Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari or any of them for any purpose other than those mentioned in the Constitution.

(ii) Parliament by law may confer on the Supreme Court any further powers as are not inconsistent with the Constitution but as appear to be necessary or desirable for the purpose of enabling that Court to exercise its jurisdiction more effectively.

(iii) Parliament can extend the jurisdiction of a High Court exclude the jurisdiction of a High Court from any Union Territory.

(iv) Parliament can establish a common High Court for two or more States or two or more States and a Union Territory.

11. Power to Create and Abolish Legislative Councils. Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-third of the members of the Assembly present and voting.

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