Relevance of Rajya Sabha as a second chamber in the federal set up of Indian Parliamentary System

IAS Mains General Studies Sample Answers

Explain the relevance of Rajya Sabha as a second chamber in the federal set up of Indian Parliamentary System.

Emblem of IndiaThe centre and the state cannot interfere into the fields of each other in normal circumstances. But in certain situations Parliament can legislate on state subjects. Some of them are as follows:

(a) When the Rajya Sabah by a two third majority passes a resolution giving such power in national interest. According to Article -249. On that subject Parliament acquires the power to legislate. This can be implemented for a years. If Rajya Sabah wants the term of a year can be increased to one more year.

(b) Parliament makes law according to the 7th schedule of the constitution. If in any way states are related to this law or any states has implemented laws on the same subject, then the law by the parliament will be implemented.

(c) If in the whole country or in any part of it emergency is declared under Article 352 (I) then Parliament acquires the power to make laws regarding the subjects mentioned in all the lists including state lists for the whole of country of a Part of it. The same arrangements are implemented when emergency is declared under Article 356, in case of Failure of the constitutional machinery in a state.

About Rajya Sabha: The ‘Council of States’ which is also known as Rajya Sabha, a nomenclature that was announced by the chair in the House on the 23rd August, 1954 has its own distinctive features. The origin of the second Chamber can be traced to the Montague-Chelmsford Report of 1918. The Government of India Act, 1919 provided for the creation of a ‘Council of State’ as a second chamber of the then legislature with a restricted franchise which actually came into existence in 1921. The Governor-General was the ex-officio President of the then Council of State. The Government of India Act, 1935, hardly made any changes in its composition. Source

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