A statement that has no power

Consider the following statements:

1. The Rajya Sabha has no power either to reject or to amend a Money Bill.

2. The Rajya Sabha cannot vote on the Demands for Grants.

3. The Rajya Sabha cannot discuss the Annual Financial Statement.

Which of the statements given above is/are correct?

1. 1 only
2. 1 and 2 only
3. 2 and 3 only
4. 1, 2 and 3

Answer (Detailed Solution Below)

Detailed Solution

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The correct answer is 1 and 2 only . Key PointsThe Constitutional Position of the Rajya Sabha as compared with the Lok Sabha can be studied from three angles:

1. Equal Status with Lok Sabha

• Introduction and passage of ordinary bills, Constitutional Amendment bills, and financial bills involving expenditure from the Consolidated Fund of India.
• Election and impeachment of the President. Election and removal of the Vice-President.
• Making recommendations to the President for the removal of Chief Justice and judges of Supreme Court and high courts, chief election commissioner and comptroller and auditor general.
• Approval of ordinances issued by the President and proclamation of all three types of emergencies by the President.
• Selection of ministers and consideration of the reports of the constitutional bodies like Finance Commission, Union Public Service Commission, comptroller and auditor general, etc.
• Enlargement of the jurisdiction of the Supreme Court and the Union Public Service Commission.

1. Unequal Status with Lok Sabha

• A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha. Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha. In both cases, the money bill is deemed to have been passed by the two Houses.
• A financial bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha. But, concerning its passage, both the Houses have equal powers.
• The final power to decide whether a particular bill is a Money Bill is vested in the Speaker of the Lok Sabha.
• The Speaker of Lok Sabha presides over the joint sitting of both the Houses. The Lok Sabha with greater numbers wins the battle in a joint sitting.
• A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.
• The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion.

1. Special Powers of Rajya Sabha

• It can authorize the Parliament to make a law on a subject enumerated in the State List (Article 249).
• It can authorize the Parliament to create new All-India Services common to both the Centre and states (Article 312).
• It alone can initiate a move for the removal of the vice-president. (Article 67).
• If a proclamation is issued by the President for imposing a national emergency or president’s rule or financial emergency at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place within the period allowed for its approval, then the proclamation can remain effective even if it is approved by the Rajya Sabha alone (Articles 352, 356 and 360).

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