Civil Services Prep

Prelims 2012 · Polity and Constitution · Question 30

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

  1. To change the existing territory of a State and to change the name of a State.
  2. To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services.
  3. To amend the election procedure of the President and to determine the pension of the President after his/her retirement.
  4. To determine the functions of the Election Commission and determine the number of Election Commissioners.

Answer

To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services.

  • (a) Change of State territory/name is done by Parliament by ordinary law under Article 3; Rajya Sabha has no special exclusive power here. Verdict: Incorrect.
  • (b) Under Article 249, Rajya Sabha can pass a resolution (2/3 present and voting) empowering Parliament to legislate on State List matters; under Article 312, it can authorize creation of All India Services. Verdict: Correct.
  • (c) Election of President is governed by the Constitution and changed by constitutional amendment, not by any special power of Rajya Sabha; President's pension is fixed by Parliament by law, not specially by Rajya Sabha. Verdict: Incorrect.
  • (d) Election Commission's functions are mainly constitutional/statutory, and the number of Election Commissioners is determined by the President subject to parliamentary law; Rajya Sabha has no special power here. Verdict: Incorrect.
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