September 21, 2009

polity 2----powers of parliament /.

Special majority :- special majority means fulfilling the following two conditions
1- The majority of the total members of the house that is more than 50% of the total membership ;and at the same time.
2 - At least two-thirds of the members ,present and voting.
Calculate both figures ,which one is more be the minimum number required for majority.

The parliament has three types of power-
1-legislative powers
2-Executive power
3-Judicial power.

1- Legislative Power :- enactment of laws,amendment of constitution,creation of new states or changing the boundaries of existing states,creation or abolition of legislative councils in states .

a)parliament has power to enact laws wrt the matters included in the union list and concurrent list as given in the seventh schedule of constitution.Wrt to union parliament has exclusive power while its legislative power is shared with states in the matter of concurrent list.
In some matters like two or more states request for same,required for implementation of an international treaty ,council of state declares that a matter of state list is of national importance ,during the period of emergency or legislative assembly of state is suspended or dissolved during the enforcement of president's rule parliament is entitled to enact laws with respect to state list also.

b)Amendment of constitution is vested in parliament.it requires a special majority of house.Parliament has power to amend all the provisions of constitution except these 7 :-
i)the manner of election of president.
ii)extent the power of union and states
iii)the supreme court and high court.
iv)distribution of power between state and union.
v)any of the lists in 7th schedule.
vi)representation of state in council of states .
vii)provision of article 368.

Parliament can amend all the provisions if also receive the consent of legislature of not less the half of states before presenting to president.


c) Other legislative powers of parliament.:-
i)it can make a new state or can change the boundary of state by simple majority.it didnot come under amendment of constitution .
ii)parliament by a law can create or abolish the state council with the concern of legislature of that state by the simple majority.
iii)it can approve or disapprove the proclamation of nation emergency and financial emergency with simple majority.

2-Executive Powers :-
i) no confidence motion

ii)Censure motion:- in censure motion ,it is different from the no-confidence motion in the sense that is should specify the the reasons of grounds for moving such motion.unlike no confidence motion is can moved an individual minister for its wrong actions and policies.leave of the house is required for this.govt decide the date and time of its discussion.

iii)Adjournment Motion :-Since passing of adjournment motion involves the element of censure of the govt ,this device is not used by the rajya sabha.normally,business of the house is conducted as per the predecided agenda.the purpose of this motion is to interrupt the ongoing business of the house and to discuss a matter urgent public importance.
the member who want to move the motion is required to submit a notice to that effect addressed separately to the speaker ,secretary general of lok sabha ,and the concerned minister before 10 am.motion is presented in the house after question hour .if not less the 50 members raise their hands in support of the motion ,the leave is granted and motion is admitted by the house.it is taken 4 consideration after 4 pm for 2 & half hour .first member ask the questions than concerned minister gives the reply.during this speaker can not adjourn the house.

iv)Calling attention notice:-like the adjournment ,in this also a notice has to given before 10 am.
maximum 2 notice can be considered on a day.it is the discretion of the speaker to admit the notice ,if he is satisfied the matter raised in the notice in important. in this there is not need to take leave from house,no need of voting or debate.in this concerned minister gives the answer of the question asked in the notice,how ever members can ask clarificatory questions.

v)Question hour :-the first hour form 11 am to 12 am is fixed for the question hour.the member desire to ask the question has to give a notice before 10 to 21 days.speaker selects the questions to be asked on not.questions are of two type 1- ordinary questions ,2- the short notice questions.
ordinary questions requires 10 days before notice.it is further divided in to 2 categories i)- Starred Questions ,which are marked asterisk and which are answered orally .ii) unstarreed questions :-their answers is give in the written.
the speaker has the power to categories the questions.daily usually 20 questions are asked.one member can not ask more than 5 questions on a day.

vi) Zero hour:-it starts at 12 o'clock.a member without giving a notice can ask a question of public interest .it ends at 1' o clock.

Judicial Power :- it also enjoys some power of judicial nature also.it can remove the following functionaries on the ground of proved misbehavior or incapacity if a resolution is passed with special majority by the each house.
i)the judges of supreme court and high court .
ii)the chief election commissioner of india.
iii)the comptroller and auditor general of india.
iv)the state election commissioner .

the parliament can also remove the president by passing a resolution with 2/3 majority of house in both houses on the basis of violation of constitution.

both the houses have the power to punish a person who is found guilty of breaching the privileges of the house or its members.in such cases parliament conducts its proceedings like a court of law.

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