Competitive Exams: Political Science Study Material Rajya Sabha

Special powers of the Rajya Sabha

The Special powers of the Rajya Sabha are in the form of initiating certain resolutions or bills. These are contained in Arts. 67, 249 and 312.

  1. Under Art. 67, a resolution seeking the removal of the Vice-President can originate only in the Rajya Sabha. After the Rajya Sabha passes such a resolution by a majority of the then members of the House, it goes for approval of the Lok Sabha.

  2. Any resolution seeking creation of one or more All-India Services, including All-India Judicial Services, if such is necessary or expedient in the national interest, can only be initiated in the Rajya Sabha. Only after the Rajya Sabha passes a resolution to this effect by a special majority, i.e.. Two-thirds of the members present and voting, can the Parliament legislate on this.

  3. A resolution seeking legislation on any subject of the State List can only originate in the Rajya Sabha, if it thinks that such is necessary or expedient in the national interest (Art. 249).

Major Articles

  • Article General
  • 79 Constitution of Parliament.
  • 80 Composition of the Council of States.
  • 81 Composition of the House of the People.
  • 82 Readjustment after each census.
  • 83 Duration of Houses of Parliament.
  • 84 Qualification for membership of Parliament.
  • 85 Sessions of Parliament, prorogation and dissolution.
  • 86 Right of President to address and send messages to Houses.
  • 87 Special address by the President.
  • 88 Rights of Ministers and Attorney-General as respects Houses.
  • Officers of Parliament
  • 89 The Chairman and Deputy Chairman of the Council of States.
  • 90 Vacation and resignation of, and removal from, the office of Deputy Chairman.
  • 91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
  • 92 The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
  • 93 The Speaker and Deputy Speaker of the House of the People.
  • 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.
  • 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.
  • 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
  • 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.
  • 98 Secretariat of Parliament.

Conduct of Business

  • Article General
  • 99 Oath or affirmation by members.
  • 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. Disqualifications of Members
  • 101 Vacation of seats.
  • 102 Disqualifications for membership.
  • 103 Decision on questions as to disqualifications of members.
  • 104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.

Powers, Privileges and Immunities of Parliament and its Members

  • Article General
  • 105 Powers, privileges, etc. of the Houses of Parliament and of the members and committees thereof.
  • 106 Salaries and allowances of members.

Legislative Procedure

  • Article General
  • 107 Provisions as to introduction and passing of Bills.
  • 108 Joint sitting of both Houses in certain cases.
  • 109 Special procedure in respect of Money Bills.
  • 110 Definition of Money Bills.
  • 111 Assent to Bills.

Procedure in Financial Matters

  • Article General
  • 112 Annual financial statement.
  • 113 Procedure in Parliament with respect to estimates.
  • 114 Appropriation Bills.
  • 115 Supplementary, additional or excess grants.
  • 116 Votes on account, votes of credit and exceptional grants.
  • 117 Special provisions as to financial Bills.

Procedure Generally

  • Article General
  • 118 Rules of procedure.
  • 119 Regulation by law of procedure in Parliament in relation to financial business.
  • 120 Language to be used in Parliament.
  • 121 Restriction on discussion in Parliament.
  • 122 Courts not to inquire into proceedings of Parliament.

Disqualification of the Members of Parliament

The members of the Parliament (the Lok Sabha and the Rajya Sabha) can be disqualified on one or more of the following grounds enumerated in Art. 102 of the Constitution-Clause (1)

  • If he holds any office of profit under the Union or the State Government, other than an office declared by the Parliament, by law, not to disqualify its holder

  • If a competent Court declares him to be of unsound mind

  • If he is an undischarged insolvent

  • If his citizenship is found forged or if he voluntarily acquires the citizenship of any foreign country or is under any acknowledgment of allegiance or adherence to a foreign State

  • If he is so disqualified under any law by the Parliament; In case of any dispute regarding the disqualification on the above grounds the President's decision, in accordance with the opinion of the Election Commission, shalfbe the final (Art. 103). Clause (2) (inserted by 52nd Amendment, 1985): If he is so disqualified under the Tenth Schedule i.e.. On the grounds of defection.