UPSC IAS - 2012

Which of the following special powers have been conferred on the Rajya Sabha by the Constitution of India?

Year Asked: 2012

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

Correct 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

Detailed Explanation

The answer is B. Rajya Sabha is the federal chamber, and it has two special powers that the Lok Sabha lacks. Under Article 249, if Rajya Sabha passes a resolution by a two-thirds majority of members present and voting, Parliament may make laws on a State List subject for up to one year, renewable, in the national interest. Under Article 312, the same two-thirds route lets Parliament create one or more All India Services, such as the IAS.

  • A is wrong. Changing a State's territory or name under Article 3 is done by Parliament through an ordinary law after consulting the State. Rajya Sabha has no special role.
  • C is wrong. The President's election is governed by Articles 54 and 55, and post-retirement benefits are set by Parliament under the President's emoluments and pension law. Neither is a Rajya Sabha power.
  • D is wrong. Article 324 places the Election Commission's powers and the number of Election Commissioners with Parliament, not with Rajya Sabha alone.

The concept here is the federal character of the Indian Constitution. Rajya Sabha represents the States, and these powers let it act as a check on Centre-State distribution of powers. This is useful for Mains GS-2 questions on federalism and the role of the Upper House.

Trap: Aspirants often confuse Article 249 with Article 356 or with the Article 3 power, both of which involve Parliament and States but do not involve a Rajya Sabha resolution.

This question appeared in UPSC Prelims 2012 GS Paper-1.

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