UPPSC Mains 2024 Paper 2

What are the special legislative powers of the Council of States (Rajya Sabha)? Discuss.

Verified Answer

The Council of States, or Rajya Sabha, is the upper house of India's Parliament. While it shares many legislative powers with the Lok Sabha (House of the People), it possesses certain special powers that underscore its role as a representative of the states and a chamber of continuity. These special legislative powers are primarily designed to protect the interests of the states and ensure the federal balance of the Indian Union:

  1. Power to Legislate on State List Subjects (Article 249): The most significant special power of the Rajya Sabha is its ability to authorize Parliament to make laws on a subject enumerated in the State List. If the Rajya Sabha passes a resolution by a two-thirds majority of its members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to legislate on a particular State List subject, then Parliament can make laws on that subject for a period not exceeding one year. This power can be renewed indefinitely, one year at a time. This provision allows the Union to intervene in state matters when deemed necessary for national interest, without permanently encroaching upon state autonomy.

  2. Power to Create All India Services (Article 312): The Rajya Sabha has the exclusive power to initiate a resolution for the creation of new All India Services (AIS), common to both the Union and the States. If the Rajya Sabha passes a resolution by a two-thirds majority of its members present and voting, declaring that it is necessary or expedient in the national interest to create one or more new All India Services, Parliament can then provide for such services. This power is crucial for maintaining the unity and efficiency of the administrative structure across the country.

  3. Approval of Emergency Proclamations (Articles 352, 356, 360): While proclamations of national emergency, state emergency (President's Rule), or financial emergency generally require approval from both Houses of Parliament, the Rajya Sabha plays a critical role when the Lok Sabha is dissolved or not in session. If a proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or its dissolution takes place within the period allowed for its approval, then the proclamation can remain effective with the approval of the Rajya Sabha alone. Once the Lok Sabha is reconstituted, it must approve the proclamation within a specified period. This ensures continuity in governance during critical times.

  4. Removal of the Vice-President: The Vice-President of India, who is also the ex-officio Chairman of the Rajya Sabha, can only be removed from office by a resolution initiated and passed by an effective majority (majority of the then members of the House) in the Rajya Sabha, and then agreed to by the Lok Sabha. The Lok Sabha cannot initiate such a resolution.

These special powers highlight the Rajya Sabha's unique constitutional role as a guardian of state interests, a check on potential overreach by the Union, and a chamber that ensures legislative continuity, particularly during periods of political instability or dissolution of the Lok Sabha. They are vital for maintaining the federal character and democratic stability of India.