JAGTIV · Previous Year Questions

UPSC

POLITY · 2020

Previous Year Question

Rajya Sabha has equal powers with Lok Sabha in

A.

the matter of creating new All India Services

B.

amending the Constitution

C.

the removal of the government

D.

making cut motions

Correct Answer: B

Detailed Solution

Under Article 368, a Constitution Amendment Bill may be introduced in either House of Parliament. It must be passed separately by both the Rajya Sabha and the Lok Sabha with the same special majority.

The special majority requires:

  • a majority of the total membership of the House; and

  • not less than two-thirds of the members present and voting.

There is no provision for a joint sitting in case of disagreement between the Houses over a Constitution Amendment Bill. Therefore, neither House can override the other, making their powers equal in this matter.

The other options are incorrect:

  • Creation of All India Services: Article 312 gives the Rajya Sabha a special initiating power. It must first pass a resolution, supported by at least two-thirds of the members present and voting, declaring the creation of such a service necessary in the national interest.

  • Removal of the government: Under Article 75(3), the Union Council of Ministers is collectively responsible only to the Lok Sabha. Hence, only the Lok Sabha can remove the government through a no-confidence motion.

  • Cut motions: Under Article 113, Demands for Grants are submitted to and voted upon only by the Lok Sabha. The Rajya Sabha may discuss the Budget but cannot vote on the Demands for Grants or move cut motions.

The Rajya Sabha also enjoys a special power under Article 249 to authorise Parliament to legislate on a State List subject in the national interest.

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