The Council of States has exclusive powers in relation to which of the following ?

This question was previously asked in
UPPSC Civil Service 2018 Official Paper 1
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  1. To initiate proceedings for the removal of the President
  2. To initiate processing for the removal of a judges of the Supreme Court
  3. To recommend creation of a new All India Sevice
  4. None of the above

Answer (Detailed Solution Below)

Option 3 : To recommend creation of a new All India Sevice
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Detailed Solution

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The correct answer is To recommend the creation of a new All India Sevice.

Key Points

  • The Council of State was the upper house of the legislature for British India (the Imperial Legislative Council or Central Legislative Council) created by the Government of India Act 1919 from the old Imperial Legislative Council, implementing the Montagu–Chelmsford Reforms.
  • Rajya Sabha in India’s Parliament has certain exclusive powers with respect to the following:
    • Enable the parliament to make law on a matter of state list.
    • Creation of new All India Services.
    • Enforcing proclamation of emergency when Lok Sabha is dissolved.
  • Hence option 3 is correct.

Additional Information

About state legislative councils:

  • Composition
    • Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members.
    • As the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution.
      • The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
  • Manner of Election
    • One-third of the MLCs are elected by the state’s MLAs,
    • Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards,
    • 1/12th by an electorate of teachers and another 1/12th by registered graduates.
    • The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement, and social service.

Important Points

  • Six States having a Legislative Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka.
    • ​Recently, the Jammu & Kashmir Legislative Council has been abolished through the J&K Reorganisation Bill, 2019, which reduced the State of J&K to the Union Territories of J&K and Ladakh.
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