Legislative Functions of the Parliament of India

The primary legislative function of the Parliament of India is to frame, amend, and repeal laws for the country. As the supreme legislative body, it acts within a federal framework, meaning its law-making powers are divided between the Union and the States.

1. Jurisdiction: The Three Lists

Parliament’s power to make laws is defined by the Seventh Schedule of the Constitution, which divides subjects into three lists:

• Union List: Parliament has exclusive power to make laws on these subjects (e.g., Defense, Foreign Affairs, Banking, Railways).

• Concurrent List: Both Parliament and State Legislatures can make laws here (e.g., Education, Forests, Marriage). However, if there is a conflict, the Central law prevails (Article 254).

• Residuary Powers: Any subject not mentioned in any of the three lists falls under the exclusive jurisdiction of Parliament (Article 248).

2. The Legislative Process (How a Bill becomes Law)

Every legislative proposal is introduced as a Bill. For a Bill to become an Act, it must pass through the following stages in both the Lok Sabha and the Rajya Sabha:

1. First Reading: Introduction of the Bill and its publication in the Gazette.

2. Second Reading: Detailed scrutiny. This is the most vital stage where the Bill is discussed clause-by-clause. It may be referred to a Select Committee or a Departmentally Related Standing Committee for expert review.

3. Third Reading: A brief debate followed by a vote. No amendments are allowed at this stage; the House either accepts or rejects the Bill as a whole.

4. Transmission to the Other House: Once passed by one House, it is sent to the other for concurrence.

5. Presidential Assent: After both Houses pass the Bill, it is sent to the President. Once the President signs it, the Bill becomes an Act.

3. Special Legislative Powers

• Ordinances: When Parliament is not in session, the President can promulgate an Ordinance (Article 123), which has the same force as a law but must be approved by Parliament once it reassembles.

• State List Intervention: Under certain conditions, Parliament can legislate on subjects in the State List:

  • If the Rajya Sabha passes a resolution in the national interest (Article 249).

  • During a Proclamation of Emergency (Article 250).

  • To implement international treaties or agreements (Article 253).

• Constituent Power: Parliament has the power to amend the Constitution under Article 368, provided it does not alter the "Basic Structure" of the Constitution.

4. Delegated Legislation

Because Parliament cannot deliberate on every minute detail, it often passes "Skeleton Legislation." It defines the broad policy and delegates the power to the Executive (the Ministry) to frame specific rules and regulations. Parliament maintains oversight to ensure these rules don't exceed the authority granted by the Act.