GS PrelimsPolityRajya Sabha - Upper House2012

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

A

To change the existing territory of a State and to change the name of a State

B

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

C

To amend the election procedure of the President and to determine the pension. of the President after his/her retirement

D

To determine the functions of the Election Commission and to determine the number of Election Commissioners

Correct Answer: Option B

Explanation

1. The Constitution of India confers certain special powers exclusively on the Rajya Sabha (Council of States) due to its role as the representative of the States. 2. Option (A) is incorrect. Changing the existing territory or name of a State falls under Article 3 of the Constitution, which requires a law passed by Parliament by a simple majority after ascertaining the views of the concerned State legislature. This is not a special power of the Rajya Sabha. 3. Option (B) is correct. The Rajya Sabha has two exclusive powers: (i) Under Article 249, it can pass a resolution (by a majority of not less than two-thirds of members present and voting) declaring that it is necessary or expedient in the national interest that Parliament should make laws with respect to a matter in the State List. (ii) Under Article 312, it can pass a resolution (by a similar majority) declaring that it is necessary or expedient in the national interest to create one or more All India Services. Parliament can then create such services. 4. Option (C) is incorrect. Amending the election procedure of the President would require a Constitutional Amendment (Article 368), involving both Houses. Determining the pension of the President is done by Parliament by law (Article 59(3)). These are not special powers of the Rajya Sabha. 5. Option (D) is incorrect. The functions and powers of the Election Commission are broadly laid down in the Constitution (Article 324) and supplemented by laws made by Parliament. The number of Election Commissioners is determined by the President (Article 324(2)). This is not a special power of the Rajya Sabha.

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