Rajya Sabha has equal powers with Lok Sabha in
amending the Constitution
Understanding Rajya Sabha and Lok Sabha Powers
India's Parliament consists of the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People). While both Rajya Sabha and Lok Sabha are crucial parts of the legislative process, their powers are not always equal. The Constitution of India assigns specific powers to each House.
Let's analyze the given options to determine where the Rajya Sabha has equal powers with the Lok Sabha.
Comparing Rajya Sabha and Lok Sabha Powers
We will examine each area mentioned in the options to understand the balance of power between the two Houses.
Power to Create New All India Services
Regarding the creation of new All India Services, the Rajya Sabha holds a special power that the Lok Sabha does not possess. According to Article 312 of the Constitution, 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 to create one or more new All India Services, Parliament can then make laws to create such services.
This is a power exclusive to the Rajya Sabha, demonstrating an unequal power distribution in this specific matter.
Power to Amend the Constitution
The process of amending the Constitution of India is outlined in Article 368. A Bill for the amendment of the Constitution can be initiated in either House of Parliament – the Lok Sabha or the Rajya Sabha. For the amendment to be passed, it must be passed by both Houses by a special majority (a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting). There is no provision for a joint sitting of the two Houses to resolve a deadlock on a Constitution Amendment Bill.
This process shows that both the Rajya Sabha and the Lok Sabha have equal power in passing a Constitution Amendment Bill. The Bill must be approved by both independently with the required special majority.
Power Regarding the Removal of the Government
The government (the Council of Ministers headed by the Prime Minister) is collectively responsible to the Lok Sabha (Article 75(3)). This means that the government remains in power as long as it enjoys the confidence of the majority in the Lok Sabha. A motion of no-confidence can only be introduced and passed in the Lok Sabha to remove the government. While the Rajya Sabha can discuss the actions of the government, it cannot pass a no-confidence motion to remove the government.
Therefore, the Lok Sabha has significantly more power than the Rajya Sabha in the matter of the removal of the government.
Power Regarding Making Cut Motions
Cut motions are part of the budgetary process in Parliament. They are moved in the Lok Sabha to reduce the amount of demand for grants proposed by the government. The Lok Sabha has primary control over financial matters, including the passing of the annual budget and Money Bills. While the Rajya Sabha can discuss Money Bills and suggest amendments, it cannot vote on demands for grants or introduce cut motions. The Lok Sabha is not even bound to accept the recommendations of the Rajya Sabha on a Money Bill.
This clearly indicates that the Lok Sabha has more power than the Rajya Sabha regarding cut motions and financial matters.
Summary of Powers Comparison
Here is a summary comparing the powers of Rajya Sabha and Lok Sabha in these areas:
| Matter | Rajya Sabha Power | Lok Sabha Power | Equality? |
|---|---|---|---|
| Creating New All India Services ($\text{Article 312}$) | Special Power (Initiation) | Regular Legislative Power | No |
| Amending the Constitution ($\text{Article 368}$) | Equal Power (Requires special majority approval) | Equal Power (Requires special majority approval) | Yes |
| Removal of the Government ($\text{Article 75(3)}$) | Can Discuss, Cannot Remove | Can Remove (via no-confidence motion) | No |
| Making Cut Motions (Budgetary Process) | Cannot Initiate/Vote | Can Initiate/Vote | No |
Based on this analysis, the Rajya Sabha has equal powers with the Lok Sabha only in the matter of amending the Constitution.
Revision Table: Key Differences and Similarities
| Feature/Power | Lok Sabha | Rajya Sabha | Equality Level |
|---|---|---|---|
| Members Directly Elected | Yes | No (Elected by State Assemblies) | Unequal |
| Term of Members | 5 Years (House can be dissolved) | 6 Years (Permanent House) | Unequal |
| Money Bills | Can initiate, pass, reject | Can only suggest amendments, cannot reject; limited time (14 days) | Unequal (Lok Sabha more powerful) |
| Ordinary Bills | Equal power (Joint sitting possible in case of deadlock) | Equal power (Joint sitting possible in case of deadlock) | Equal |
| Constitutional Amendment Bills | Equal power (Must be passed by special majority independently) | Equal power (Must be passed by special majority independently) | Equal |
| No-Confidence Motion | Can initiate and pass | Cannot initiate or pass | Unequal (Lok Sabha more powerful) |
| Vote on Demands for Grants | Yes | No | Unequal (Lok Sabha more powerful) |
| Creating New All India Services ($\text{Article 312}$) | Regular legislative power | Special power (Initiation by resolution) | Unequal (Rajya Sabha has special power) |
| Approving Proclamation of Emergency/President's Rule | Equal power | Equal power | Equal |
| Electing President and Vice-President | Equal participation | Equal participation | Equal |
| Removing President/Judges (Impeachment) | Equal power (Initiated in either House) | Equal power (Must be passed by special majority in both) | Equal |
Additional Information on Rajya Sabha and Lok Sabha Powers
The Rajya Sabha and Lok Sabha are designed with different compositions and powers to represent different aspects of the Indian Union. The Lok Sabha represents the people directly, while the Rajya Sabha represents the states. This structural difference leads to variations in their roles and powers.
- While in most legislative matters (Ordinary Bills), both Houses have equal power, a deadlock can be resolved through a joint sitting, where the Lok Sabha, with its larger membership, usually has an advantage.
- In financial matters, the Lok Sabha is deliberately made more powerful to ensure that the executive's financial proposals have the confidence of the directly elected representatives of the people.
- However, the Rajya Sabha is given special powers, such as the power to authorize Parliament to make laws on a subject in the State List (Article 249) and the power to create new All India Services (Article 312), which reflect its role as the Council of States, protecting the interests of the states.
- Constitutional amendments are considered a fundamental change to the structure of the Indian polity, requiring broad consensus, hence both Houses are given equal say and the requirement of a special majority, without the possibility of a joint sitting.
Important Questions from Central Government
Who appoints the Chief Election Commissioner of India?
What is correct about the dismissal of Deputy Chairman of Rajya Sabha ?
i. He can be dismissed by no-confidence motion
ii. To introduce such resolution prior notice of 14 days is essential
iii. Such resolution should be passed by absolute majority
iv. Such resolution should be passed by a majority of the ten members of the house
What is correct ?
i. Finance Bill can be introduced in Lok Sabha only
ii. Rajya Sabha can detain the Finance Bill
If the Vice President removed from his office, what shall happened?
Consider the following statements :
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
