Which of the following special powers have been conferred on the Rajya Sabha by the Constitution of India?
Contents14
- ATo change the existing territory of a State and to change the name of a State.
- BTo pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services.
- CTo amend the election procedure of the President and to determine the pension of the President after his/her retirement.
- DTo determine the functions of the Election Commission and determine the number of Election Commissioners.
Show answer
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.
Rajya Sabha has two special exclusive powers under the Constitution:
(1) Article 249 — It can pass a resolution (by 2/3 majority) authorizing Parliament to make laws on State List subjects in the national interest.
(2) Article 312 — It can pass a resolution (by 2/3 majority) for the creation of new All India Services.
Option (a) is wrong — changing state territory/name requires a normal Act of Parliament (both Houses).
Options (c) and (d) describe powers that either don't exist or belong to Parliament as a whole.
Answer: (b).
Rajya Sabha has only two exclusive constitutional powers: authorizing Parliament to legislate on State List subjects (Article 249) and creating new All India Services (Article 312), both requiring a two-thirds majority.
This tests the federal structure concept - Rajya Sabha as the states' representative chamber gets special powers over state-center relations, while most other powers are shared between both Houses.
Exclusive Powers of Rajya Sabha
Indian Polity Rajya Sabha special powers
Exclusive Powers of Rajya Sabha: Articles 249 & 312
Rajya Sabha has only 2 exclusive powers under the Constitution
Article 249: Authorizes Parliament to make laws on State List subjects
Article 312: Enables creation of new All India Services
Both powers require 2/3 majority of members present and voting
The Constitution gives Rajya Sabha two unique powers that Lok Sabha cannot exercise alone. These reflect the Rajya Sabha's role as the Council of States — protecting state interests while enabling national coordination when necessary.
Rajya Sabha's Exclusive Powers
Article | Power | Purpose | Majority Required |
|---|---|---|---|
Article 249 | Authorize Parliament to make laws on State List subjects | National interest during emergencies or special circumstances | 2/3 majority of members present & voting |
Article 312 | Create new All India Services | Ensure uniform administration across states | 2/3 majority of members present & voting |
How Article 249 Works
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Rajya Sabha Resolution**
RS passes resolution by **2/3 majority** declaring it necessary for Parliament to make laws on State List subjects **in national interest**`"]
s2["`**Resolution Valid**
Resolution remains in force for **1 year** (can be renewed)`"]
s3["`**Parliament Empowered**
Both Houses can now make laws on specified State List subjects`"]
s4["`**State Laws Override**
Parliamentary law prevails over state laws during this period`"]
s1 --> s2
s2 --> s3
s3 --> s4All India Services Under Article 312
Currently 3 All India Services: IAS (1951), IPS (1951), Indian Forest Service (1966)
Officers serve both Centre and States but recruited/trained centrally
States cannot dismiss/punish these officers without Centre's consent
Last new service created was Indian Forest Service in 1966
Recent demands for All India Judicial Service and All India Medical Service
Trap: Changing state territory/name seems like RS power — actually needs normal Act of Parliament (both Houses)
Trap: Presidential election amendment seems constitutional — actually done by Constitutional Amendment, not RS resolution
Trap: Election Commission functions seem like RS power — actually determined by Parliament as whole or existing laws
Memory: Only 2 exclusive powers — Articles 249 (State List) and 312 (Services). Everything else is shared or doesn't exist.
State Territory & Name Changes
Indian Polity territory of a State name of a State
Changing State Territory & Names: Article 3 Procedure
Article 3 empowers Parliament to change state boundaries and names
Requires simple majority in Parliament, not special RS resolution
State's consent not required — only consultation needed
President must refer bill to affected state before introduction
Article 3 gives Parliament unilateral power to alter state boundaries, create new states, or change names. This is not an exclusive Rajya Sabha power — both Houses participate equally through normal legislative process.
Article 3 Procedure
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Bill Preparation**
Government prepares bill to alter state boundaries/name`"]
s2["`**Presidential Reference**
President **must refer** bill to affected state legislature for views`"]
s3["`**State Response**
State gives views within **specified time** (consent **not mandatory**)`"]
s4["`**Parliamentary Passage**
Bill passed by **simple majority** in both Houses`"]
s5["`**Presidential Assent**
Bill becomes Act after President's assent`"]
s1 --> s2
s2 --> s3
s3 --> s4
s4 --> s5Key Constitutional Provisions
Article 4: Parliament can change state boundaries without constitutional amendment
States created post-independence: Jharkhand (2000), Chhattisgarh (2000), Uttarakhand (2000), Telangana (2014)
Name changes: Bombay → Maharashtra, Mysore → Karnataka, Madras → Tamil Nadu
Article 2: Parliament can admit/establish new states on any terms
Trap: State boundary changes seem like federal decision requiring state consent — actually Parliament has unilateral power
Trap: Sounds like Rajya Sabha's state-protection role — actually both Houses participate equally
Constitutional Amendment needed for changing Union Territory status, not state boundaries
Article 249 - State List Legislation
Indian Polity State List Parliament to make laws
Article 249: Parliament's Power Over State List Subjects
Article 249 allows Parliament to legislate on State List during normal times
Requires Rajya Sabha resolution by 2/3 majority declaring national interest
Resolution valid for 1 year, renewable
Different from Emergency powers under Articles 250, 352
Article 249 provides a non-emergency mechanism for Centre to override federal division when Rajya Sabha determines national interest requires uniform legislation on state subjects.
Centre's Power Over State List
Article | Trigger | Duration | Majority Required |
|---|---|---|---|
Article 249 | RS resolution in national interest | 1 year (renewable) | 2/3 majority in RS |
Article 250 | National Emergency (Article 352) | 6 months after emergency ends | Simple majority |
Article 253 | International treaty/agreement | Permanent | Simple majority |
Practical Significance
Rarely used — only few instances since 1950
Gives flexibility to federal system during national crises
State laws become inoperative during this period if they conflict
Lok Sabha cannot initiate this process — only Rajya Sabha
Reflects Rajya Sabha's role as protector of state interests making the decision
Trap: Confusing with Emergency powers (Article 250) — Article 249 works during normal times
Trap: Thinking simple majority sufficient — needs 2/3 majority in Rajya Sabha
Memory: 249 = 2/3 majority, National interest, 1 year duration
All India Services - Article 312
Indian Polity All India Services
All India Services: Creation Under Article 312
Article 312 empowers creation of All India Services serving Centre and States
Currently 3 services: IAS (1951), IPS (1951), Indian Forest Service (1966)
Requires Rajya Sabha resolution by 2/3 majority
Officers recruited centrally but serve in states
All India Services ensure administrative unity while maintaining federal structure. Officers belong to Centre but work in states, creating a steel frame of administration across India.
Existing All India Services
Service | Year Created | Full Form | Primary Role |
|---|---|---|---|
IAS | 1951 | Indian Administrative Service | District administration, policy implementation |
IPS | 1951 | Indian Police Service | Law & order, crime investigation |
IFoS | 1966 | Indian Forest Service | Forest management, wildlife conservation |
Key Features of All India Services
Recruitment: Through UPSC Civil Services Examination
Training: Common training at LBSNAA (IAS), SVP NPA (IPS), IGNFA (IFoS)
Cadre allocation: Officers allocated to specific state cadres
Disciplinary control: States cannot dismiss without Centre's consent
Career progression: Can be deputed to Central Government
Proposed New All India Services
# Proposed Services
## All India Judicial Service
- Lower judiciary
- Uniform recruitment
- Pending since decades
## All India Medical Service
- Healthcare delivery
- Rural postings
- Discussed recently
## All India Engineering Service
- Infrastructure development
- Technical expertise
- Proposed occasionallyTrap: Thinking Parliament creates All India Services — only Rajya Sabha can authorize creation
Trap: Confusing with Central Services (created by executive) — All India Services need constitutional process
Memory: 3 existing services — IAS & IPS (1951), IFoS (1966). No new service since 1966.