What are the powers of the Rajya Sabha (India)?

In India, the Rajya Sabha in relation to the Lok Sabha is nowhere near as powerful as the American senate, nor is it on a par with its Australian counterpart; but it is much more powerful than the Canadian Senate.

It plays a role secondary to that of the Lok Sabha in that it has no control over the executive. Nevertheless, during emergencies, if the latter House is under suspension, it Can become a forum to voice public concerns and serve to exercise modest checks on any exercise of arbitrary power by the executive.

In order to examine the relation, between the House of people and the council of states and assess their comparative strefigth we would examine their powers under the following heads:

(1) Executive Powers:

Article 75 (3) expressly provide that the council of ministers shall be collectively responsible to the House of people. Thus, it is clear that while the council of states can put questions to the ministers, move adjournment motions, appoint investigating committees and even reject Government Bills it cannot pass a motion of no confidence against the ministry and force it to resign. Regarding control over the executive the position of the House of people is superior to that council of states.

(2) Legislative Powers:

The powers of the council of states in the matter of ordinary legislation may be said to be equal with the powers of the House of people. Any ordinary Bill may originate in either of two Houses and no such Bill would become an Act unless passed by both the Houses, the constitution provides a procedure which is weighed, against the council of states.

If the council of states reject a Bill or disagrees as to the amendments to be made in the Bill or more than six months elapse from the date of receipt of the Bill by the other House the President may call a joint meeting of the two Houses and if the Bill passed by a majority of the total members assembled in the joint session, the Bill would be deemed to have been passed by both the Houses.

It is worthy of note that in joint session the council of states would be in a disadvantageous position because of its small membership which is just the half of the membership of the House of people. The procedure is so shaped that the council of state decidedly suffers an inferior position. It can only impose a suspensory vote for little over six months.

(3) Financial Powers:

Regarding the matters of finance the position of the council of states is still worse. A money bill can originate only in the House of people. After the said bill has been passed by the House it shall go to the council. The council must return the Bill within fourteen days along with its recommendations amending or rejecting the bill the House of people is not bound to accept its recommendations.

The House will consider the recommendations made by the council of states and in case it rejects these recommendations the Bill would be deemed to have been passed by both the Houses in the form in which it was passed by the House of people.

If the council of states does not return the Bill within 14 days, it shall be deemed to have been passed by both the Houses after the expiry of the said period. It is thus clear that in the case of money-bills there is no provision even for a joint meeting and the council of states has got merely a delaying power of 14 days.

(4) Miscellaneous Powers:

With regard to miscellaneous powers the authority of the council of states is to co-ordinate with the House of people. In the procedure regarding constitutional amendments election and impeachment of the President, removal of judges of the Supreme Court and High Court the two Houses have co-ordinating powers.

From the above comparative statement of the power of the council of states and the Houses of the people it may be concluded that the council of states is less powerful and influential than the House people. Thus, the council of states in not only a second chamber but a secondary chamber as well.

The constitution has deliberately sought to make it a weaker body. It cannot veto legislation, but can merely delay it. In a joint meeting it cannot override the House of people. The ministry is responsible only to the House of people. It does not even serve the interests of the states as it is a chamber composed in party lines and does not give equal representation to the states.

But it may not be concluded that the council of states is entirely a house without any influence and significance. Its miscellaneous powers are extraordinary in nature and are seldom enjoyed by the second chambers of the world. In this respect it has been given a status equal to that of the House of people.

It is also possible that in a joint sitting of the two Houses the will of the council of states may prevail over that of the two houses of people. As the Houses are elected at different times, it is possible that the strength of the parties may be different in the two chambers and it may be possible -for the Rajya Sabha to obstruct the Lok Sabha.

The working of the council of states so far shows that it has significantly performed its functions and tried to influence the legislation and the policy of the Government. Its services regarding impeding the radical reforms of the Hindu code Bill cannot be under-estimated.

It has acted as a House of elders by delaying certain import non-money bills for a period of six months. Thus its enabling dignifying and sobering influence on the Lower House cannot be underestimated with all this we have to accept that it plays a second fiddle to the Lok Sabha. Hence it does not cease to be a secondary chamber.