THE HOUSE OF COMMONS

It is the Lower House in the British Parliament. The House of Commons is the body constituted
by the representatives of the people.
Composition of the House of Commons
The lower House of the British Parliament I.e. the House of Commons is purely an elected body
having more than 650 seats. Among these seats England has the highest share of about 523 seats,
followed by Scotland with 72 seats, Wales with 38 seats and Northern Ireland with 17 seats. The
representatives of the House are elected by the British citizens above the age of 18, on the basis
of universal adult franchise. All British citizens above the age of twenty one can contest election
for a seat in the House of Commons. Certain categories of persons are excluded from contesting
election like minors, bankrupts, lunatics, criminals, Clergymen of three historic churches, peers
of England, Scotland, Wales or holders of profits under the Crown.
The House of Commons has a term of five years unless dissolved by the Queen/King on the
advice of the Prime Minister. During emergency the term of the House may be extended. For
instance, The House of Commons elected in 1910 continued to function till 1918 and also the
HOC elected in 1935, continued till 1945 due to emergency situation.
The Speaker is the presiding officer of the House who is selected by the members from amongst
themselves. Earlier he used to work as a nominee of the King but since 17th century he started to
work as “a man of the House” instead of “a man of the King”. He continues to be a political
figure till the 19th century, but now he works as a neutral and non-partisan person, neither as a
member of the majority nor the minority. In fact his neutrality lies in the fact that the Speaker
gives up his party affiliation after being elected for the same. To establish this neutrality a
convention has developed that “once a Speaker, always a Speaker” i.e. once elected, the Speaker
is reelected time and again so long as he wants to hold the office. On his re-election he becomes
the Speaker again.
The Speaker in Britain has enormous powers in hands. He presides over the meetings of the
House, maintains order and decorum in the House, protects the rights and privileges of the
members, and certifies the money bill and the like. He also has casting vote in case of a tie. The
impartial and neutral role performed by the Speaker has made the position of the Speaker in a
upper pedestal than his Indian or American counterpart. The first Speaker known to have been
chosen is Sir Thomas De Hungerford in the year 1377
Powers and Functions of the House of Commons
The House of Commons exercises tremendous power and authority in the Parliamentary system
of Britain. It has wide ranging powers starting from legislative to judicial powers. These powers
are discussed under the following heads-
Legislative powers: In a unitary system of government law making on all subjects and for all
people is done by its legislature. In Britain this function is invariably performed by the
Parliament. Earlier, both Houses of the Parliament used to have co equal powers over the
ordinary laws, but since the passage of the Parliament Act of 1911, the House of Commons has
assumed more power over general legislation.
Though such bill can originate in either house of the parliament, yet almost majority of the bills
have their origin in the House of Commons. If a bill is passed by the House of Commons, it is
sent to the House of Lords which passes the bill with or without amendment. It is the discretion
of the House of Commons whether to accept or reject the proposed modification. The House of
Lords can just delay the passage of the bill but it cannot reject the bill altogether. If a bill
originates in the House of Lords and sent to the Commons for approval it is the discretion of the
House of Commons to accept or reject the bill. Thus, the House of Commons has more power in
the law making of the Parliament.
Financial Powers: The British Parliament exerts great powers in the financial matters of the
country. The finance of the nation and all financial deals of the country are controlled and
managed by the Parliament and in turn by the House of Commons. The Parliament Act of 1911
entrusts more financial power on the House of Commons. This can be enlisted under the
following heads:
i) A money bill and the budget can be introduced only in the House of Commons.
ii) It is the prerogative of the Speaker of the House of Commons to decide whether a bill is
money bill or not.iii) A money bill passed by the House of Commons goes to the House of
Lords which can only delay the bill for a maximum period of one month. After that, the bill is
taken as passed by the House and sent to the Queen for her assent.
(iii) The Queen has no veto power to reject the bill. Thus the passage of the money bill
depends entirely on the House of Commons.
iv) No tax can be levied or collected without the consent of the House of Commons.
iv) The House of Commons allocates funds to the different departments of the governments.
Executive Powers: The House of Commons uses its power over the real executive of the
country. The executive body, i.e. the minister is individually and their cabinet is collectively
responsible to the House of Commons. Through its various means the House of Commons puts a
check on the ministries so that they cannot work arbitrarily.
The most powerful way to ensure responsibility of the ministry is the no confidence motion
taken by the House of Commons. Every decision of the Cabinet and every policy taken by the
government must have the support of the members of the House of Commons; otherwise in
every circumstances of the contrary view of the majority members, the House of Commons can
take up this motion. By this way it may bind the government to resign in case the ministry fails
to get majority support.
The members of the House of Commons can put questions and supplementary questions to the
ministers. The ministers are bound to reply to these questions. Questioning in the House of
Commons fulfils the constant demand of information about governmental policies. It brings into
light the work of various departments under public scrutiny.
Debate on the reply to the King’s (Queen’s) “Gracious Speech” by the opposition also highlights
the activities of the government. Discussion on the public finance, foreign policy also checks the
authority of the executive. Investigation committee instituted by the House of Commons also
scrutinizes the working of the governmental departments.
Judicial Powers: The House of Commons in its judicial capacity recommends the Monarch to
remove a judge. It can punish the person guilty of the contempt of the House. It can investigate
all the cases involving breach of privileges of its members and punish the guilty.
Constituent Powers: The House of Commons can pass a constitutional law just like an ordinary
bill. In this way it can amend the constitution.
Thus, the House of Commons exercises tremendous power, authority and influence in the
Parliamentary system of Great Britain. It is one of the strongest lower houses in the world.
Sovereignty of the British Parliament means that the Parliament in Britain can make, unmake
or amend any law on any subject. It is supreme in its exercise of law making power. The law
made by it cannot be amended or overruled by any institution. There is no provision for judicial
review in Britain i.e. judiciary cannot declare any law made by the Parliament as
unconstitutional.
The British Parliament had been in continuous struggle with the Kings to determine its
sovereignty. Parliamentary sovereignty in Britain had passed through the three following
landmark events-

 The first landmark was when the Parliament resolved in December 1648 to bring King
Charles I to trial who was ultimately executed in 1649. Parliament even abolished
Monarchy and declared England to be a commonwealth by its Act. Again in 1660, the
Parliament restored Charles II to the throne on the condition of his co-operation with the
Parliament.
 The second landmark is the Glorious Revolution of 1688 when James II, failing to co-
operate with the Parliament was made to abdicate. Parliament supported the coming of
William of Orange to save the rights of the British people against King James II.
Parliament also determined by the Bill of Rights of 1689, not only who should reign next
but also on what condition he should resign. The Act of Settlement of 1701 was passed to
determine the succession to the throne.
 The third landmark is the year of 1783 when younger Pitt became the Prime Minister and
the king ceased to choose and dismiss his ministers. The Cabinet system has become
stronger and for each and every work ministers become responsible to the Parliament.
Though the Parliament is supreme and has unlimited authority in its law making capacity,
yet there are a number of restrictions and limitations on its power and functions some of
which are-
 There are some moral limitations standing before the Parliament. It cannot pass a law
which is against the established codes of private or public morality. No law can be made
which is against the convention of the country, unless and until the general public wants
it.
 The prevalent system of Rule of Law also puts limitation on the sovereignty of the
Parliament. Under Rule of Law every British citizen is equal before law, and his or her
rights are derived from it. The Parliament cannot make any law which is against this Rule
of Law.
 Parliament cannot make any law which is not supported by its public opinion. Every act
of the Parliament must have support from people.
 Parliament does not have any right to violate any international law. Every Act of the
Parliament must be in conformity with the principles of International Law.
 The increasing function of the government in recent times has made it imperative for the
executive to make laws when the Parliament is not in session. Law making power has
now been delegated to the executive to meet the emergencies. Delegated legislation has
the force of law.
 The Statute of Westminster of 1931 also puts a limitation on the sovereignty of the
parliament. It makes it clear that any Act of the Parliament made after 1931 cannot be
operational in any British Dominion without the assent of the Dominion.
 Thus it is apparent that though British Parliament may seem to enjoy unlimited power,
yet in reality it is bound by the above mentioned factors like rule of law, public opinion,
international law and the like. Hence sovereignty of the Parliament is not absolute and is
exercised as per the wishes of the people.