Previous Year Question
The Council of States has exclusive powers in relation to which of the following?
To initiate proceedings for the removal of the President
To initiate proceedings for the removal of a judges of the Supreme Court
To recommend creation of a new All India Service
None of the above
Correct Answer: C
Detailed Solution
Under Article 312(1) of the Constitution, the Rajya Sabha possesses a special power in this matter. If the Council of States 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 to create one or more new All India Services, Parliament may establish such service or services by law.
An important distinction is that the Rajya Sabha does not itself create the service; it passes the necessary resolution, after which Parliament legislates for its creation. Under Article 312(2), the Indian Administrative Service (IAS) and Indian Police Service (IPS) existing at the commencement of the Constitution are deemed to have been created under Article 312. The Article also contains constitutional provision for an All India Judicial Service.
Option (a) is incorrect because initiation of impeachment proceedings against the President is not exclusive to the Rajya Sabha. Under Article 61, the charge may be preferred by either House of Parliament.
Option (b) is also incorrect. Under Article 124(4), removal of a Supreme Court Judge requires an address by each House of Parliament with the constitutionally prescribed special majority; hence this is not an exclusive Rajya Sabha power.
For examination purposes, two important special powers of the Rajya Sabha are useful to remember—Article 249: resolution enabling Parliament to legislate on a State List matter in the national interest, and Article 312: resolution for creation of a new All India Service.