Previous Year Question
Which of the following special powers have been conferred on the Rajya Sabha by the Constitution of India?
To change the existing territory of a State and to change the name of a State
To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services
To amend the election procedure of the President and to determine the pension of the President after his/her retirement
To determine the functions of the Election Commission and to determine the number of Election Commissioners
Correct Answer: B
Detailed Solution
As the representative chamber of the States in India’s federal system, the Rajya Sabha possesses two special constitutional powers that the Lok Sabha cannot independently exercise.
1. Empowering Parliament to legislate on the State List—Article 249
If the Rajya Sabha passes a resolution, supported by not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in the national interest for Parliament to legislate on a State List subject, Parliament acquires the power to legislate on that subject.
The resolution remains in force for a maximum period of one year.
The Rajya Sabha may repeatedly extend it for a maximum of one year at a time.
A parliamentary law made under the resolution continues to operate for six months after the resolution ceases to be in force.
The State Legislatures do not completely lose their power to legislate during this period. However, in case of inconsistency, the parliamentary law prevails under Article 251.
This power is vested in the Rajya Sabha because it represents the States.
2. Creation of All India Services—Article 312
If the Rajya Sabha passes a resolution, supported by not less than two-thirds of the members present and voting, declaring it necessary or expedient in the national interest, Parliament may enact a law creating one or more All India Services common to the Union and the States.
The Indian Administrative Service and Indian Police Service are deemed to have been created under Article 312.
The Indian Forest Service was constituted in 1966 under the All India Services Act, 1951.
Parliament may also establish an All India Judicial Service.
Such a judicial service cannot include any post inferior to that of a District Judge.
A law enacted under Article 312 is not treated as a constitutional amendment for the purposes of Article 368.
Why are the other options incorrect?
Option (a): Under Article 3, Parliament may alter the area, boundaries or name of a State. It is not a special power of the Rajya Sabha.
Option (c): The constitutional procedure for electing the President is provided under Articles 54 and 55. Its alteration may require a constitutional amendment; it is not an independent special power of the Rajya Sabha.
Option (d): The Election Commission is governed by Article 324. The number of Election Commissioners is determined by the President, subject to any law made by Parliament.