UPSC Prelims 2022 Q15: Exclusive Powers of Lok Sabha — Explained
Which of the following is/are the exclusive power(s) of Lok Sabha?
1. To ratify the declaration of Emergency
2. To pass a motion of no-confidence against the Council of Ministers
3. To impeach the President of India
Select the correct answer using the code given below:
- 1 and 2
- 2 only
- 1 and 3
- 3 only
Answer: (b) 2 only
Statement-wise explanation
- 1: incorrect — Under Article 352(4), a proclamation of national emergency lapses after one month unless both Houses of Parliament approve it by resolution. So the Rajya Sabha has to ratify it too. Each House must pass the resolution by a special majority: a majority of its total membership and two-thirds of members present and voting (Article 352(6)). What only the Lok Sabha can do is pass a resolution disapproving the emergency, which forces the President to revoke it (Article 352(7)). Approving it is a different power.
- 2: correct — Article 75(3) makes the Council of Ministers collectively responsible to the House of the People, which is the Lok Sabha. A no-confidence motion is the tool that enforces this responsibility, so it can be moved only in the Lok Sabha, under Rule 198 of its Rules of Procedure, with the support of at least 50 members. The Rajya Sabha has no power to remove the government.
- 3: incorrect — Article 61(1) says the impeachment charge against the President 'shall be preferred by either House of Parliament'. The charge needs a resolution moved after at least 14 days' written notice, signed by at least one-fourth of the House's total members. It must pass by two-thirds of the House's total membership. The other House then investigates, and the President is removed only if that House also passes a two-thirds resolution. Both Houses take part, so the power is not exclusive to the Lok Sabha.
How to eliminate
The key word is 'exclusive'. A power is exclusive to the Lok Sabha only if the Rajya Sabha has no role in it at all. Statement 2 is the one you can be sure of from basic knowledge: the government answers to the Lok Sabha (Article 75(3)), and the Rajya Sabha cannot bring it down. Every option that includes 2 survives. For Statement 3, remember that impeachment is a two-House process: one House brings the charge and the other investigates. That rules it out, and with it every option containing 3. Statement 1 is the trap. Aspirants who remember that 'the Lok Sabha alone can end an emergency' mark it correct. Ending an emergency (disapproval, Article 352(7)) is exclusive to the Lok Sabha, but approving it (Article 352(4)) needs both Houses. Remember: approval needs both Houses; disapproval needs only the Lok Sabha.
Know more
Where the Houses are not equal
India's Parliament is bicameral, but the two Houses do not have equal powers. The Lok Sabha is directly elected, so the Constitution gives it the final word on money and on the life of the government.
Powers only the Lok Sabha holds
- Removing the government through a no-confidence motion (Article 75(3); Rule 198).
- Money Bills can be introduced only in the Lok Sabha. The Rajya Sabha can only recommend changes, within 14 days (Articles 109–110).
- Voting on demands for grants. The Rajya Sabha can discuss the Budget but cannot vote on the demands (Article 113).
- Disapproving a national emergency so that it must be revoked (Article 352(7)). One-tenth of Lok Sabha members can ask for a special sitting, which must be held within 14 days (Article 352(8)).
Powers both Houses share
| Power | Article | Role of each House |
|---|---|---|
| Approving a national emergency | 352(4), (6) | Both, by special majority, within one month |
| Approving President's Rule | 356(3) | Both, within two months |
| Approving a financial emergency | 360(2) | Both, within two months |
| Impeaching the President | 61 | One House frames the charge, the other investigates; two-thirds of total membership in each |
| Constitutional amendments | 368 | Both, by special majority; no joint sitting |
Powers only the Rajya Sabha holds: authorising Parliament to make laws on a State List subject (Article 249) and to create new all-India services (Article 312).
The 44th Amendment (1978): It shortened the time for parliamentary approval of a national emergency from two months to one. It required a special majority for that approval and replaced 'internal disturbance' with 'armed rebellion'. It also added the Lok Sabha's power to disapprove an emergency.
NCERT Concepts to Revise
- Exclusive powers of the Lok Sabha: The whole question turns on what 'exclusive' means: a power the Rajya Sabha does not share at all.
- No-confidence motion: Statement 2 asks where a no-confidence motion against the Council of Ministers can be moved.
- Parliamentary approval of national emergency: Statement 1 depends on which House or Houses must approve a national emergency proclamation under Article 352.
- Revocation of national emergency: Explains how an emergency ends, which is easy to confuse with how it is approved in Statement 1.
- 44th Constitutional Amendment Act 1978: This amendment rewrote the emergency rules that Statement 1 tests, including the approval deadline and the disapproval power.