History & Civics
The Legislature makes the laws which govern the country. With reference to the Union Legislature answer the following questions:
(i) What is the maximum composition of the Rajya Sabha? Why is it called a Permanent House?
(ii) Mention any three exclusive powers of the Rajya Sabha.
(iii) Mention any four legislative powers of the Parliament.
Union Parliament
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Answer
(i) The maximum composition of the Rajya Sabha can be 250 members.
The Rajya Sabha is a permanent House as it cannot be dissolved like the Lok Sabha. Each member of the Rajya Sabha is elected for a period of six years. One-third of the total members of the House retire after every two years. Members can be re-elected if they so desire and if their electors support them.
(ii) Three exclusive powers of Rajya Sabha are-
- Though the Parliament cannot, in normal times, make laws on a states subject, the Constitution states that under Article 249, the Rajya Sabha may, by resolution adopted by two-thirds majority empower the Parliament should make laws with respect to a matter in the State List. The Lok Sabha has no authority to assert itself in such matters.
- The other special power enjoyed by the Rajya Sabha is that it may declare that the creation of new All-India Services be made in the national interest. Thereupon Parliament may create new services.
- If the Lok Sabha is dissolved before or after the declaration of a National Emergency, the Rajya Sabha becomes the sole de facto and de jure Parliament, i.e., it takes over the functions of the Parliament. It cannot be dissolved.
(iii) Four legislative powers of the Parliament are as follows:
- The Parliament has exclusive powers to make laws on all the subjects mentioned in the Union List, including important subjects like Defence, Banking, Communications etc.
- Along with the State Legislative Assemblies, the Parliament can make laws on the subjects listed in the Concurrent List, for example, education, forests, adoption, succession etc.
- The Parliament possesses residuary powers i.e., it can make laws with respect to all those matters which are not mentioned in any of the three lists - Union List, State List and Concurrent List.
- During the period of Emergency due to total breakdown of the Constitutional machinery in a State, the Parliament becomes the legislature in the State concerned and assumes all powers, including the financial powers of passing a State budget.
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