Revision summary
Article 249 lets Rajya Sabha by a two-thirds resolution authorise Parliament to legislate on a State List matter in the national interest. Article 312 uses the same two-thirds key for new All-India Services. If Lok Sabha is dissolved, Rajya Sabha can still approve emergency proclamations. On Money Bills Rajya Sabha only recommends for fourteen days under Article 109. Special powers are federal keys, not a general supremacy over Lok Sabha.
Model answer
Introduction
Rajya Sabha is the Council of States under Articles 79 and 80. In ordinary legislation it is a revising chamber, except on Money Bills. Special legislative powers are the texts where it alone unlocks Union action on a State List subject or new All-India Services.
Body
Power to authorise Union law on a State List subject
- Article 249 lets Rajya Sabha, by a two-thirds resolution of members present and voting, declare that it is necessary in the national interest for Parliament to make law on a State List matter.
- The resolution lasts up to one year and can be renewed; Parliament’s law then prevails in that window.
Power to create All-India Services
- Article 312 lets Parliament create new All-India Services if Rajya Sabha so declares by a two-thirds resolution of members present and voting.
- The IAS and IPS already exist; the clause is the constitutional gate for any further service common to the Union and the States.
Emergency continuity and the ordinary contrast
- If Lok Sabha is dissolved, Rajya Sabha can still sit, and proclamations under Articles 352, 356 and 360 can obtain its approval.
- Ordinary Bills still need both Houses under Articles 107 and 108; on Money Bills under Article 109 Rajya Sabha has only a fourteen-day recommendatory role.
- Articles 249 and 312 are therefore special because they are not shared equally with Lok Sabha at the first step.
Flow diagram
flowchart TD RS[Rajya Sabha] --> A249[Art 249 national interest State List] RS --> A312[Art 312 new All-India Services] RS --> E[Approval if Lok Sabha dissolved] A249 --> U[Parliament legislates] A312 --> S[All-India service statute] E --> P[Emergency federal continuity]
Conclusion
Rajya Sabha’s special legislative powers are the two-thirds keys in Articles 249 and 312, plus its ability to keep emergency approval alive when Lok Sabha is dissolved. They protect the federal idea of a Council of States; they do not make Rajya Sabha the equal of Lok Sabha on money, nor a third executive.
Quick related
Students also ask
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Next question in the 2024 paper (Q4). View answer →
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Can Rajya Sabha reject a Money Bill?
No. Under Article 109 it can only recommend changes within fourteen days. If it does not return the Bill, it is deemed passed.
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Does Article 249 permanently shift a State subject to the Union?
No. The authorisation is time-bound, usually one year, and can be renewed only by a fresh Rajya Sabha resolution.
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