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Question – Write a comparative note on powers and position of Lok Sabha and Rajya Sabha as provided under the Constitution of India.
- February 6, 2023
- Posted by: Pallavi Singh
- Category: Blog
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Answer –
Parliament of India consists of three parts, i.e., the President, The Rajya Sabha (Council of States) and The Lok Sabha (House of the People). While the Lok Sabha is the lower house (popular house), the Rajya Sabha is the upper house (House of Elders). These two houses of the Parliament are equal in many aspects, though they are different in many other aspects.
The constitutional position of Rajya Sabha and Lok Sabha can be studied from mainly three viewpoints which are as follows –
A. Equal status between both houses
B. Unequal status between both houses
C. Special powers of Rajya Sabha.
Equal Powers Between Lok Sabha and Rajya Sabha –
In the following matters, powers of both the houses are equal to each other.
1) For introduction and passage of ordinary bills.
2) For introduction and passage of Constitutional amendment bills.
3) For introduction and passage of Financial bills which involve expenditure from the consolidated Fund of India.
4) For election and impeachment of the President.
5) For election or removal of Vice-President. However, Rajya Sabha has sole power to initiate the process for removal of the Vice- President.
6) Making recommendations to the President for the removal of Chief Justice and Judges of Supreme court and High Court, Chief Election Commissioner, Comptroller and Auditor General.
7) Approval of ordinances issued by the President.
8) Approving proclamation for all three types of emergencies.
Unequal Power Distribution Between Lok Sabha and Rajya Sabha –
1)The power to decide whether a bill is a money bill or not is vested only in the speaker of the Lok Sabha. The Rajya Sabha has no such powers with regard to money bills.
2) Money bill can be introduced only in the Lower House of the Parliament. Money bill cannot be introduced in the Rajya Sabha.
3) Rajya Sabha cannot amend or reject a money bill. It should return the bill to the Lok Sabha within 14 days, either with or without any recommendations. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. In Both the cases, the money bill is deemed to have been passed by the two houses.
4) Lok Sabha votes on demand for grants in the annual budget. Rajya Sabha has no power of voting on demand for grants but can only discuss it.
5) Whenever there is a joint sitting of both the houses, it is the speaker of Lok Sabha which presides over the meeting. The chairman of Rajya Sabha cannot preside over the joint sitting of both the houses since he is not a member of the house.
6) A resolution for discontinuance of the national emergency can be passed only in the Lok sabha.
7) No confidence motion can be introduced only in the lower house. Rajya Sabha is not permitted to introduce no confidence motion against the Council of Ministers.
Special Powers of the Rajya Sabha –
The Rajya Sabha has been given two exclusive powers which are not conferred upon the Lok Sabha. The powers are –
1) The Rajya Sabha can authorize the parliament to make a law on any subject prescribed under the State List (Article 249)
2) It is the exclusive privilege of the Rajya Sabha to create a new All India Services which would be common to both the Centre and the States (Article 312).
Even though the Rajya Sabha has been given less powers as compared with Lok Sabha, its utility is supported on the following grounds:
1) It checks hasty, defective, careless and ill-considered legislation made by the Lok Sabha by making provision of revision and thought.
2) It facilitates giving representation to eminent professionals and experts who cannot face the direct election. The President nominates 12 such persons to the Rajya Sabha.
3) It maintains the federal equilibrium by protecting the interests of the states against the undue interference of the Centre.