Q3. What are the special legislative powers of the Council of States (Rajya Sabha)? Discuss.

The Rajya Sabha (Council of States) is the upper house of the Indian Parliament. While in most legislative matters it has equal or lesser power than the Lok Sabha, it possesses certain special and exclusive powers that protect the interests of the states, reflecting its federal character.

Special Legislative Powers

• Power to Legislate on State List (Article 249):
  • If the Rajya Sabha passes a resolution supported by not less than two-thirds of the members present and voting, it can declare that it is necessary or expedient in the national interest for Parliament to make laws on a matter enumerated in the State List.
  • This resolution remains in force for one year and can be renewed. This power allows the Union to legislate on state subjects temporarily without a constitutional amendment.
• Power to Create All-India Services (Article 312):
  • The Rajya Sabha can initiate the creation of a new All-India Service (AIS) (like IAS, IPS).
  • If it passes a resolution, again by a two-thirds majority of members present and voting, declaring it necessary in the national interest, Parliament becomes empowered to create such a service. This power is given to Rajya Sabha to protect states’ interests in the AIS.
• Approval of Proclamations (When Lok Sabha is Dissolved):
  • If a Proclamation of National Emergency (Art 352), President’s Rule (Art 356), or Financial Emergency (Art 360) is issued at a time when the Lok Sabha is dissolved, the proclamation remains effective if approved by the Rajya Sabha within the stipulated period.

Conclusion

These special powers, particularly under Articles 249 and 312, underscore the Rajya Sabha’s unique role as the guardian of the federal balance. They ensure that the Union’s encroachment upon the states’ domain has the explicit consent of the body representing the states themselves.