Powers of Lok Sabha and Rajya Sabha: Special and Exclusive Powers and Functions

Lok Sabha

Following the initial General Elections, which were held from 25 October 1951 to 21 February 1952, the Lok Sabha (House of the People) was legally established for the first time on 17 April 1952. The Lok Sabha’s composition is covered in Article 81. Currently, there are 552 members in the Lok Sabha.

The Constitution’s Article 84 outlines the requirements for membership in Parliament. The Lok Sabha’s regular term is five years.

• In an emergency, its term may be extended for one additional year. However, new Lok Sabha elections must be held within six months of the emergency’s conclusion.
• Additionally, the President has the authority to dissolve the Lok Sabha whenever the Prime Minister recommends it or when no party is in a position to do so.
• A new Lok Sabha must effectively be elected in this situation within six months.

☛ Difference Between Lok Sabha and Rajya Sabha

Rajya Sabha

The second Chamber was established due to the Montague-Chelmsford Report in 1918. According to the Government of India Act, 1919, which was to be implemented in 1921, the “Council of State” was to be a second chamber of the current legislature with a restricted franchise.

According to Article 80 of the Indian Constitution, the Rajya Sabha can have a maximum of 250 members, of which 12 members are chosen by the President, and 238 are elected by the States and the two Union Territories.

• The allotment of seats for the States and Union Territories in the Rajya Sabha is outlined in the Fourth Schedule to the Constitution.
• The Constitution’s Article 84 outlines the requirements for membership in Parliament.
• The grounds for disqualification for Rajya Sabha members are outlined in Article 102 of the Constitution.
• The Rajya Sabha is elected through an indirect election process for the legislators of the States and Union Territories.
• Using a single transferable vote, the legislators of the Legislative Assembly of each State and the members of the Electoral College for each of the two Union territories elect their representatives in line with the proportional representation method.

☛ Functions of Rajya Sabha

Powers of the Lok Sabha

The powers of Lok Sabha can be divided into four sections, namely:

Legislative Powers

• Once both Houses of Parliament have approved a regular bill, it can then become law.
• Although common legislation may be presented in either of the two chambers of Parliament, the Lok Sabha receives over 90% of the introductions.
• If a law passed by the Lok Sabha is rejected by the Rajya Sabha and returned with or without changes, the Lok Sabha needs to reconsider the bill. A deadlock results if the Lok Sabha approves it again, but the Rajya Sabha is still unwilling to approve it. If this impasse is not broken after six months, the President calls a combined meeting of the two Houses in accordance with Article 108’s rules.
• The decision of the joint sitting is accepted by both Houses.

Executive Powers

• The Council of Ministers is equally responsible before the Lok Sabha under Article 75(3). The majority in the Lok Sabha chooses the Prime Minister.
• As long as the majority in the Lok Sabha has confidence in them, the ministers remain in their positions. The Council of Ministers remains under constant Lok Sabha control.
• MPs can question ministers about the administration’s policies and activities. The Indian Constitution’s Article 75 confers the right to ask inquiries.
• The lower house’s MPs have the authority to introduce and pass various resolutions and motions, including calls for adjournment, calls for attention, censure, and moves for no-confidence.

Financial Powers

• The Lok Sabha has extensive budgetary authority. A money bill may only be introduced in the Lok Sabha in accordance with the guidelines provided by Article 109. The money bill then moves on to the Rajya Sabha after being approved by it.
• The Lok Sabha Speaker decides if a certain law qualifies as a money bill or not in the event of a disagreement. His choice is final; it cannot be contested in a court, the Lok Sabha, or even the Rajya Sabha.
• As a result, we can assert that the Lok Sabha has ultimate authority over the state’s finances. No tax can be imposed, collected, modified, or eliminated without the Lok Sabha’s consent.
• Without the Lok Sabha’s approval, the government cannot implement its fiscal policy.

Judicial Powers

• The Lok Sabha also investigates the charges prepared by the Rajya Sabha against the Vice-President of India.
• According to Article 124(4), the Lok Sabha and the Rajya Sabha may vote together to remove any judge of the Supreme Court or of a State High Court.
• For the expulsion of some high-ranking state officials, such as the Attorney General, the Chief Election Commissioner, and the Comptroller and Auditor General of India, both Houses may pass a special address jointly and submit it to the President.
• Lok Sabha can also take action against any member or any citizen who is held to be guilty of committing contempt of the House.
• Any member or citizen found guilty of violating the House’s rules may face punishment from the Lok Sabha.

☛ How is Lok Sabha More Powerful than Rajya Sabha

Special Powers of Rajya Sabha

The Rajya Sabha, which represents States and Union territories in Parliament, is granted several specific powers by the Constitution to carry out its federal purpose. Such unique capabilities support its position as an Upper House concerning the Lok Sabha.

Creation of All India Service

According to Article 312 of the Constitution, the Rajya Sabha has the sole authority to create All India Services that the Union and the States share if the Rajya Sabha adopts a resolution declaring that doing so is necessary or expedient in the interest of the country. This resolution must be approved by a majority of at least two-thirds of the representatives present and voting.

☛ Types of Majority in Parliament

Legislation on State Matters

• Rajya Sabha, a federal chamber, has the authority to request central involvement in state legislative matters. According to Article 249 of the Constitution, the Rajya Sabha may adopt a resolution declaring that it is essential or advantageous for Parliament to pass laws regarding any issue listed on the State List by a vote of at least two-thirds of the Members present and voting.
• If such a motion is approved, Parliament can pass legislation covering the resolution’s designated subject for all or any portion of Indian territory.
• Such a resolution shall be effective for the time period, not to exceed one year, mentioned therein, although such a time period may be extended by subsequent resolutions by one year at a time.

Also, Read:

• Why is Rajya Sabha Called the Permanent House?
• Can Rajya Sabha Reject a Bill?

Powers of Lok Sabha and Rajya Sabha UPSC

The Powers of the Lok Sabha and Rajya Sabha should be studied extensively for the UPSC Exam. The topic stays in the news throughout the year,, and one can also enhance the knowledge about the same through Current Affairs.

Various questions have been asked about the Lok Sabha’s and Rajya Sabha’s powers in both UPSC Prelims and UPSC Mains.

Question: Consider the following statements:

1. A Bill pending in the Rajya Sabha that the Lok Sabha has not passed shall lapse on the dissolution of the Lok Sabha.
2. A Bill pending in Parliament shall lapse because of the prorogation of the Houses.

Which of the statements given above is/are correct?

1. Only 1
2. Only 2
3. Both 1 and 2
4. Neither 1 nor 2

Answer: Option D

Question: Assertion (A): After a Money Bill is passed by the Lok Sabha and transmitted to the Rajya Sabha, the recommendations of the Rajya Sabha have to be accepted by the Lok Sabha within 14 days from receipt of the recommendations and then get them incorporated in the Bill.

Reason (R): A Money Bill cannot be introduced in the Rajya Sabha.

Codes:

1. Both A and R are individually true, and R is the correct explanation of A
2. Both A and R are individually true, but R is not the correct explanation of A.
3. A is true, but R is false.
4. A is false, but R is true.

Answer: Option D