The Union Legislature and The Union Parliament: Judicial and Exclusive Powers of Rajya Sabha and Lok Sabha

Judicial Powers

Impeachment of the president

Parliament can remove the president from office through impeachment. In case of violation of the constitution or grave misconduct, either house may frame charges against the president. If a resolution is passed by a 2/3 (two-third) majority of total membership of the house and by the majority of members present and voting, the other house investigates the charges. If the other house too finds the president guilty he may be removed from office. 

Removal of Judges

Parliament can remove the judges of the supreme court and the high courts, the chief election commissioner etc. if they are found guilty of violating provisions of the constitution. 

Electoral Functions

• The parliament along with the state legislatures elects the president of India. 
• The vice-president of India is elected by both the houses of the parliament
• The Lok Sabha elects its own speaker and deputy speaker from amongst its own members while the Rajya Sabha elects its deputy chairman. 

Constitutional Function

Both houses of parliament can amend the constitution. The amendment must be passed by each house by a majority of total membership and by a two-third(2/3) majority of members present and voting. 

Executive Functions

The council of ministers is collectively responsible by the Lok Sabha. Ministers remain in office as long as they enjoy the confidence of a majority of members in the Lok Sabha. 

Parliament exercises control over the executive in the following manner. 

Interpellation

Question hour is an important device to seek information from the government about its policies and performance. The first hour of a sitting in both houses is allotted for asking and answering of questions. The questions are asked to obtain information on a matter of public importance or to highlight a grievance. 

Vote of No Confidence

If a government acts against the constitutional provisions, it can be voted out of office by passing a vote of no-confidence against the PM, or the ministry as a whole or any of its members. In such a case, the whole ministry resigns. 

Adjournment Motion: It is a proposal to lay aside all other business and take up a definite matter of urgent importance. Such motions are allowed on subjects such as a railway accident resulting in the death of several persons, natural calamity like a devastating flood or a tornado, communal tension etc. 

Monetary Control:

During the budget session a cut motion may be moved. Parliamentary committee on public accounts ensures that public money is spend in accordance with parliament's decisions. 

Other Powers (Exclusive Powers)

• Parliament may alter the name or boundary of the state if needed, it can also form a new state by merging the territories of existing states or by separating a part of a territory from a state. 
• It makes laws regarding the composition, jurisdiction and powers of the supreme court. 
• The parliament may establish a common high court, for two or more states. 

Exclusive Powers of the Rajya Sabha

• Though the Parliament cannot make laws on a state subject, the constitution states that the Rajya Sabha may by a resolution adopted by two-thirds majority, empower the parliament to make laws with respect to a matter in the state list. The Lok Sabha has no authority to assert itself in such matters. 
• If the Lok Sabha is dissolved before or after the declaration of a national emergency, the Rajya Sabha becomes the sole de-facto and de-jure parliament, i.e. it takes over the functions of the parliament. It cannot be dissolved which is a limitation on the Lok Sabha. 

Exclusive powers of the Lok Sabha

• No confidence motions can only be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the council of ministers resign collectively. 
• Rajya Sabha has no power over such a motion, and hence no real power over the executive. 
• Money bills can only be introduced in the Lok Sabha. After it is passed by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations which it must make within 14 days. 
• In case of a deadlock between the two houses over a non-financial ordinary bill, the will of the lok sabha prevails as its strength is more than double that of the Rajya Sabha