Relative Powers of Rajya Sabha and Lok Sabha

The relative powers of Rajya Sabha and Lok Sabha describe how India's bicameral Parliament divides authority between its two Houses: broadly equal in ordinary law-making, constitutional amendment, and electing or removing high constitutional functionaries, but tilted firmly toward the Lok Sabha in financial matters and control over the government, with the Rajya Sabha holding a short list of its own special powers in return.

Where the Two Houses Are Equal

For most legislative and constitutional work, Rajya Sabha and Lok Sabha stand on equal footing:

• Ordinary Bills (other than Money Bills) must be passed by both Houses; disagreement is resolved through a joint sitting under Article 108.
• Constitutional amendment Bills must be passed by a special majority in each House separately — there is no joint sitting for a Constitution Amendment Bill, so Rajya Sabha's consent cannot be bypassed by the numerically larger Lok Sabha.
• Electoral functions: both Houses' elected members form part of the electoral college for the President, and elected and nominated members of both Houses elect the Vice-President.
• Judicial functions: proposals for the removal of the President, the Vice-President, and judges of the High Courts and Supreme Court involve both Houses of Parliament.
• General oversight: both Houses can question the government, move resolutions, and debate policy — though, as explained below, this oversight lacks teeth in the Rajya Sabha's hands in one crucial respect.

Where the Lok Sabha Is Supreme

Because the Council of Ministers is collectively responsible to the Lok Sabha and not the Rajya Sabha, the Rajya Sabha can criticise the government through debate and questions, but it cannot remove it. This single asymmetry — control over money and over the government's survival — is what makes the Lok Sabha the more powerful House in practice, even though the two Houses are formally co-equal partners in most law-making.

Where the Rajya Sabha Has Special Powers

In exchange for its weaker position on money and government accountability, the Constitution gives the Rajya Sabha four powers the Lok Sabha does not have:

1. Authorising Parliament to legislate on a State List subject in the national interest, under Article 249, by a resolution supported by a two-thirds majority of members present and voting.
2. Authorising the creation of new All-India Services common to the Centre and the states, under Article 312.
3. Initiating the removal of the Vice-President — a resolution for this purpose can be introduced only in the Rajya Sabha, under Article 67.
4. Keeping an Emergency proclamation alive if the Lok Sabha is dissolved. If a proclamation of national emergency, President's Rule, or financial emergency is issued (or the Lok Sabha is dissolved within the period allowed for approving it) while the Lok Sabha stands dissolved, the proclamation can continue in effect on the Rajya Sabha's approval alone, until the new Lok Sabha takes it up.

Different Life Spans

The two Houses are also structured differently in duration. The Lok Sabha has a maximum term of five years but can be dissolved earlier by the President on the advice of the Council of Ministers. The Rajya Sabha, by contrast, is a continuing chamber that is never dissolved: one-third of its members retire every second year, with the vacancies filled by fresh elections and presidential nominations. This permanence is part of why certain safeguarding powers, such as keeping an emergency proclamation alive during a Lok Sabha dissolution, are entrusted to the Rajya Sabha.

Deciding Disqualification of Members

Each House also has authority over its own members in matters of disqualification under the anti-defection law (Tenth Schedule): the Speaker decides such questions for Lok Sabha members, and the Chairman for Rajya Sabha members. The Supreme Court, in the Kihoto Hollohan case (1992), held that this decision is subject to judicial review, rather than being final and unquestionable.

UPSC Relevance

Prelims

• Money Bills: introduced only in Lok Sabha; Rajya Sabha's 14-day window to act, after which the Bill is deemed passed.
• Rajya Sabha's four special powers: Article 249 (State List legislation), Article 312 (All-India Services), Article 67 (Vice-President's removal), and Emergency continuance during Lok Sabha dissolution.
• Rajya Sabha is a permanent, continuing chamber; Lok Sabha has a five-year maximum term and can be dissolved.

Mains

• "The Rajya Sabha and Lok Sabha are co-equal in law-making but unequal in controlling the government." Examine this statement with reference to their respective powers.
• Discuss the rationale behind giving the Rajya Sabha special powers under Articles 249, 312, and 67 despite its weaker position on financial matters.

FAQ

Q1. Are Rajya Sabha and Lok Sabha equal in power? They are largely equal in ordinary law-making and constitutional amendment, but the Lok Sabha alone controls Money Bills, grants, and the survival of the Council of Ministers.

Q2. What happens if the Rajya Sabha does not act on a Money Bill within 14 days? The Bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.

Q3. Can the Rajya Sabha remove the government through a no-confidence motion? No. The Council of Ministers is responsible only to the Lok Sabha, so a no-confidence motion can be moved only there.

Q4. What special powers does the Rajya Sabha have that the Lok Sabha lacks? Authorising Parliament to legislate on a State List subject (Article 249), authorising new All-India Services (Article 312), initiating the Vice-President's removal (Article 67), and approving continuance of an Emergency proclamation if the Lok Sabha is dissolved.

Q5. Who decides if a member of Parliament is disqualified for defection? The Speaker for Lok Sabha members and the Chairman for Rajya Sabha members, subject to judicial review as held in the Kihoto Hollohan case (1992).

Quick Revision

• Ordinary Bills and constitutional amendments — both Houses have equal power.
• Money Bills, demand for grants, no-confidence motion — Lok Sabha only.
• Rajya Sabha's special powers: Article 249, Article 312, Article 67 (Vice-President removal), Emergency continuance during Lok Sabha dissolution.
• Lok Sabha: max 5-year term, can be dissolved. Rajya Sabha: permanent, one-third retire every 2 years.
• Disqualification decided by Speaker (Lok Sabha) / Chairman (Rajya Sabha), subject to judicial review (Kihoto Hollohan, 1992).

Sources

• The Constitution of India, Articles 67, 85, 109–113, 249, 312 — Ministry of Law and Justice, legislative.gov.in.
• Kihoto Hollohan v. Zachillhu, 1992 Supp (2) SCC 651 — Supreme Court of India.

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.