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Question

Rajya Sabha has exclusive jurisdiction in

This question was previously asked in
CDS I 2019 Elementary Mathematics Previous Year Paper (03-Feb-2019)
The correct answer is

Authorizing Parliament to legislate on a subject in the State List

Understanding Rajya Sabha's Role and Powers

The Rajya Sabha, also known as the Council of States, is one of the two houses of the Indian Parliament. While both houses have significant powers, the Rajya Sabha possesses certain unique or 'exclusive' powers that are not shared with the Lok Sabha (House of the People).

Let's examine the given options to identify the power that falls under the exclusive jurisdiction of the Rajya Sabha.

Analyzing the Options for Exclusive Jurisdiction

  • Creation of new States: The power to create new states or alter the boundaries of existing states lies with the Parliament as a whole, under Article 3 of the Constitution. The President refers the Bill to the concerned State Legislature for expressing its views, but Parliament is not bound by these views. This is not an exclusive power of the Rajya Sabha.
  • Declaring a war: The decision to declare war is an executive function, exercised by the Union government. While Parliament's approval and support are crucial, particularly for financial matters related to war, the power to formally 'declare' a war is not an exclusive jurisdiction of either House of Parliament.
  • Financial emergency: A proclamation of Financial Emergency is issued by the President under Article 360. Such a proclamation must be approved by resolutions of both Houses of Parliament (Lok Sabha and Rajya Sabha) within a specified period. It requires approval from both houses, not exclusive power of Rajya Sabha.
  • Authorizing Parliament to legislate on a subject in the State List: This is a specific power granted to the Rajya Sabha under Article 249 of the Constitution. If the Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in national interest that Parliament should make laws with respect to any matter enumerated in the State List, it authorizes Parliament to legislate on that subject. This is indeed an exclusive power of the Rajya Sabha.

Exclusive Power Under Article 249

Article 249 is a crucial provision that grants the Rajya Sabha an exclusive power related to the division of legislative powers between the Union and the States. Normally, Parliament cannot legislate on subjects listed in the State List. However, Article 249 provides an exception where, if the Rajya Sabha deems it necessary in the national interest, it can enable Parliament to do so temporarily. This power is unique to the Rajya Sabha and highlights its role as a representative of the states, allowing it to initiate a process that impacts state legislative domains when the national interest requires it.

Summary of Exclusive Rajya Sabha Powers

Besides Article 249, the Rajya Sabha also has another exclusive power under Article 312:

  • Article 249: Authorizing Parliament to legislate on a State List subject in the national interest.
  • Article 312: Authorizing the creation of new All India Services.

Based on the options provided, authorizing Parliament to legislate on a subject in the State List is the correct answer as it is an exclusive power of the Rajya Sabha mentioned in the Constitution.

Revision Table: Parliamentary Powers

Power/Function Involved Bodies Exclusive to Rajya Sabha?
Creation of new States Parliament (Lok Sabha & Rajya Sabha) No
Declaring a war Executive (Govt), Parliament's role in approval/funding No
Financial Emergency approval Both Houses of Parliament (Lok Sabha & Rajya Sabha) No
Authorize Parliament on State List subject (Nat. Interest) Rajya Sabha (by special resolution) Yes (Article 249)
Authorize creation of All India Services Rajya Sabha (by special resolution) Yes (Article 312)

Additional Information: Role of Rajya Sabha

The Rajya Sabha plays a vital role in the Indian parliamentary system, representing the states and union territories. Its composition is indirect, with members elected by the elected members of the State Legislative Assemblies and Union Territories, along with nominated members by the President. As a permanent house, it is not subject to dissolution, unlike the Lok Sabha. Its exclusive powers underscore its federal role, giving states a voice in matters affecting their legislative domain (Article 249) and the national administrative framework (Article 312).

While the Lok Sabha has more power in financial matters (Money Bills can only originate there), the Rajya Sabha has significant power in other legislative matters and specific exclusive powers that balance the federal structure.

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Important Questions from Central Government

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