UPPSC Mains 2018 Paper 2

राज्य सभा के उन विशिष्ट शक्तियों का वर्णन कीजिये, जो की भारतीय संविधान के अंतर्गत लोकसभा को प्राप्त नहीं हैं। (उत्तर 125 शब्दों में दीजिये) Describe those special powers of the council of states (Rajya Sahba) which are not enjoyed by the Lok Sabha, under the Indian constitution. (Answer in 125 words)

Verified Answer

The Rajya Sabha, or the Council of States, possesses certain unique powers under the Indian Constitution that are not enjoyed by the Lok Sabha. These special powers primarily reflect its role as the representative of the states in the federal structure and its function as a house of continuity.

One significant power is enshrined in Article 249, which allows the Rajya Sabha to declare, by a resolution supported by a two-thirds majority, that it is necessary or expedient in the national interest for Parliament to make laws on a matter enumerated in the State List. Once such a resolution is passed, Parliament can legislate on that state subject for a period of one year, which can be extended.

Another exclusive power is granted by Article 312, which enables the Rajya Sabha to authorize Parliament to create new All India Services (e.g., Indian Administrative Service, Indian Police Service) common to both the Union and the states. This requires a resolution passed by a two-thirds majority of members present and voting.

Furthermore, the Rajya Sabha has a special role concerning the removal of the Vice-President. A resolution for the removal of the Vice-President can only be initiated and passed by a majority in the Rajya Sabha and then agreed to by the Lok Sabha. This is because the Vice-President is the ex-officio Chairman of the Rajya Sabha.

In situations where the Lok Sabha is dissolved or not in session, the Rajya Sabha plays a crucial role in approving proclamations of emergency (under Articles 352, 356, and 360). While the Lok Sabha's approval is eventually required, the Rajya Sabha can provide initial approval, ensuring continuity in governance during critical times. These powers underscore the Rajya Sabha's importance in safeguarding states' interests and maintaining the federal balance.