JAGTIV · Previous Year Questions

PET

INDIAN CONSTITUTION & PUBLIC ADMINISTRATION · 2023

Previous Year Question

Which of the following features distinguishes the Rajya Sabha from a Legislative Council?

A.
Nomination of members
B.
Indirect election
C.
Term of membership
D.
Power of impeachment

Correct Answer: D

Detailed Solution

Under Article 61 of the Constitution of India, a charge for impeachment of the President for violation of the Constitution may be preferred by either House of Parliament. Therefore, the Rajya Sabha participates in the constitutional process of impeachment of the President. If one House prefers the charge, the other House investigates or causes the charge to be investigated.


A State Legislative Council, on the other hand, does not participate in the impeachment of the President because Article 61 confers this role on the two Houses of Parliament—the Lok Sabha and the Rajya Sabha.


The other options do not clearly distinguish the Rajya Sabha from a Legislative Council:


Nomination: The Rajya Sabha has a provision for 12 members to be nominated by the President. A Legislative Council also contains members nominated by the Governor.


Indirect election: Representatives of States in the Rajya Sabha are elected by the elected members of the respective State Legislative Assemblies through proportional representation by means of the single transferable vote. Most members of a Legislative Council are also indirectly elected through different electorates.


Tenure/permanent-house character: The Rajya Sabha is not subject to dissolution and approximately one-third of its members retire every two years. A Legislative Council is also not subject to dissolution, and approximately one-third of its members retire every two years.


Therefore, among the given options, the real distinguishing feature is the power of impeachment.

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