Powers and Functions of Rajya Sabha

introduction

The Rajya Sabha, or the Council of States, is the upper house of India’s Parliament, functioning alongside the Lok Sabha, or the House of the People. Established under Article 80 of the Indian Constitution, the Rajya Sabha represents the states and union territories of India, providing a platform for regional interests at the national level. It comprises a maximum of 250 members, with representatives elected by the elected members of State Legislative Assemblies and nominations by the President of India. Unlike the Lok Sabha, the Rajya Sabha is a permanent body and is not subject to dissolution; however, one-third of its members retire every two years, ensuring continuity and experienced leadership. As a key part of India’s bicameral legislature, the Rajya Sabha reviews and debates proposed legislation, contributing to a balanced legislative process that reflects both regional and national perspectives.

powers and functions of rajya sabha

The Rajya Sabha plays a vital role in India’s parliamentary system, holding specific powers and responsibilities that balance and complement those of the Lok Sabha. Here are some of the important powers and functions of the Rajya Sabha:

1. Legislative Powers: The Rajya Sabha participates in the law-making process, deliberating on bills proposed by the Lok Sabha. While both houses generally need to approve a bill, money bills can only be introduced in the Lok Sabha. However, Rajya Sabha can suggest amendments to money bills, although the Lok Sabha can ultimately reject these.
2. Control over the Executive: The Rajya Sabha exercises oversight over the executive (Council of Ministers) by raising questions, holding debates, and discussing government policies. Though it cannot directly pass a no-confidence motion (a power exclusive to the Lok Sabha), it holds discussions that scrutinize government actions.
3. Financial Powers: While the Rajya Sabha does not have equal financial powers with the Lok Sabha, it can discuss the annual budget and make recommendations, although the Lok Sabha has the final say on financial matters.
4. Special Powers in National Interest: Under Article 249 of the Constitution, the Rajya Sabha can pass a resolution (with a two-thirds majority) empowering Parliament to legislate on subjects in the State List if it deems it necessary in the national interest.
5. Role in Constitutional Amendments: The Rajya Sabha shares the power to amend the Constitution with the Lok Sabha. Constitutional amendments must be approved by both houses, making the Rajya Sabha essential to the process.
6. Electoral Functions: Members of the Rajya Sabha take part in the election of the President and Vice President of India, highlighting its importance in the country’s higher executive elections.
7. Review and Debate: As a body that is not subject to dissolution, the Rajya Sabha provides continuity and stability in Parliament, allowing for thorough review, debate, and long-term perspectives on legislative issues.

Through these powers, the Rajya Sabha serves as a check on the directly elected Lok Sabha, representing the interests of states and providing a balance in India’s federal structure.

constitutional provisions of Rajya Sabha

The Constitution of India establishes the powers, functions, and structure of the Rajya Sabha through various articles. These provisions help define its role in the legislative process and in safeguarding the federal structure of the country. Here are the key constitutional provisions:

1. Article 80: This article outlines the composition of the Rajya Sabha, specifying that the Council of States (Rajya Sabha) shall have a maximum of 250 members. Members are either elected by the elected members of State Legislative Assemblies or nominated by the President of India, with nominated members representing fields such as literature, science, art, and social service.
2. Article 84: This article defines the qualifications required for membership in the Rajya Sabha, including citizenship of India, minimum age (30 years), and other eligibility criteria set by law.
3. Article 102: It specifies the grounds for disqualification of Rajya Sabha members, such as holding an office of profit, being of unsound mind, or being declared bankrupt.
4. Article 107-111: These articles explain the legislative procedure and the powers of the Rajya Sabha regarding different types of bills:

• Ordinary Bills: Both houses of Parliament must pass an ordinary bill. If there is a disagreement, a joint sitting is convened to resolve it.
• Money Bills: Under Article 110, money bills can only be introduced in the Lok Sabha, though the Rajya Sabha can make recommendations, which the Lok Sabha may accept or reject.
• Financial Bills: Some financial bills require approval from both houses, giving the Rajya Sabha a role in financial legislation.

1. Article 108: This article provides for a joint sitting of both houses of Parliament in case of a deadlock over an ordinary bill. While this procedure limits the exclusive power of Rajya Sabha, it still allows them to participate in significant legislative decisions.
2. Article 109: This article specifies that the Rajya Sabha has only recommendatory power over money bills, as the Lok Sabha has the final say on such bills.
3. Article 249: Under this article, the Rajya Sabha can pass a resolution (with a two-thirds majority) empowering Parliament to make laws on a matter in the State List if it is in the national interest. This power is unique to the Rajya Sabha, strengthening its federal role.
4. Article 312: This article allows the Rajya Sabha to authorize the creation of new All-India Services (such as the IAS and IPS) by passing a resolution with a two-thirds majority, highlighting its role in national administration.
5. Article 368: This article governs constitutional amendments, which require approval by both the Rajya Sabha and the Lok Sabha, ensuring that Rajya Sabha plays a crucial role in making changes to the Constitution.
6. Articles 66 and 54: These articles include the Rajya Sabha in the electoral process for the Vice President and the President of India, ensuring that states are represented in high-level executive elections.
7. Article 75: This article requires that the Prime Minister and other ministers be collectively responsible to the Lok Sabha, meaning the Rajya Sabha cannot remove the government through a no-confidence motion. However, the Rajya Sabha can discuss policies, question ministers, and indirectly influence the executive.

These provisions collectively outline the Rajya Sabha’s legislative, financial, and oversight functions, positioning it as a key institution for federal representation and balanced governance in India’s parliamentary system.