UPSC Prelims 2012 Q30: Indian Polity – Parliament & State Legislatures
Which of the following special powers have been conferred on the Rajya Sabha by the
Constitution of India?
- (a) To change the existing territory of a State and to change the name of a State
- (b) To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services
- (c) To amend the election procedure of the President and to determine the pension of the President after his/her retirement
- (d) To determine the functions of the Election Commission and to determine the number of Election Commissioners
Answer: (b) To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services
Explanation
Special powers of the Rajya Sabha
The Constitution gives the Rajya Sabha two powers that the Lok Sabha does not have.
| Power | Article | Majority |
|---|---|---|
| Resolution empowering Parliament to make laws on a State List subject | 249 | Two-thirds of members present and voting |
| Resolution to create one or more All India Services | 312 | Two-thirds of members present and voting |
Why the Rajya Sabha: it is the Council of States, so it speaks for the States when their powers are touched.
The other options:
| Option | Who has the power |
|---|---|
| (a) Change the territory or name of a State | Parliament as a whole, by ordinary law (Article 3) |
| (c) Election procedure and pension of the President | Parliament |
| (d) Functions and strength of the Election Commission | Parliament and the President (Article 324) |
Answer: (b) resolution for laws in the State List, and creation of All India Services.
Why each option is right or wrong
- (a) Incorrect. Changing a State's territory or name needs a law of Parliament.
- (b) CORRECT. The Rajya Sabha alone can act under Articles 249 and 312.
- (c) Incorrect. Matters about the President are not special to the Rajya Sabha.
- (d) Incorrect. The Election Commission's functions are not decided by the Rajya Sabha alone.
Key point
Rajya Sabha's special powers: Article 249 (Parliament to legislate on State List) and Article 312 (new All India Services), each by two-thirds present and voting.
Remember
Rajya Sabha: Articles 249 and 312.
Common mistakes
- Thinking the Rajya Sabha has no exclusive powers.
- Confusing Article 249 with Article 3 on new States.
- Forgetting the majority needed: two-thirds present and voting.
Exam tip
249 and 312: the two numbers to remember for the Rajya Sabha.
Sources
- Constitution of India — Articles 249 and 312
- M. Laxmikanth — Indian Polity, chapter on Parliament (position of Rajya Sabha)