Answer:

Upper Chamber (UC) is one of the two chambers of a bicameral legislature. In a unitary system, UC is seen as an advisory chamber while in federal systems, it has been granted nearly equal powers with the lower chamber. Rajya Sabha (RS) of India enjoys co-equal status in all aspects except in certain financial matters.

Reasons for inferior position of UC are multiple. In fact, there were heated debated in the constitutional assembly of almost every country for the need of UC. Thomas Jefferson also opposed the idea of two chambers. It is indirectly elected body, undemocratic and subversive of the will of the people expressed through the elected Lower Chamber (LC). One argued that “if a Second Chamber dissents from the first it is mischievous; if it agrees, it’s superfluous”. Following are certain powers and status enjoyed by UC across the world:

♤ In some countries only limited legislative matters, such as constitutional amendments, require its approval. In UK, the House of Lords, UC, can no longer prevent the passage of most bills. In countries where it can veto legislation (like the Netherlands), it may not be able to amend the proposals.

♤ LC is directly elected by the people and thus given power for matters related to finance. RS can delay a money bill for two weeks only.

♤ In parliamentary system, UC cannot vote a motion of no-confidence against the government. This is true for India also.

♤ England has an evolutionary political system where power has gradually shifted from crown to the House of Lords, UC to the House of Commons. Now, UC acts as a revising chamber more or less.

However, federal systems have granted some special powers to the UC. USA has one of the strongest UC in the world. States surrendered their power to the centre and thus, UC enjoys some special powers which are not with the LC. India also supported strong federation initially. But still, RS enjoys certain special power. Some of them are as follows:

♤ UC of countries like USA may give advice and consent to some executive decisions (e.g. appointments of judges, international treaties or ambassadors).

♤ UC may have the sole power to try impeachments against officials of the executive. In USA, it is the Senate that finally adjudicates and convict on this issue. RS of India has extra power to remove vice-president of India.

♤ Prior to 2009, UC of UK served as the court of last resort.

♤ Article 249 gives power to RS to pass a resolution to empower parliament to enact law on the state subject. Similarly RS can pass a resolution to create a new All-India- service (AIS) under article 312

♤ RS can extend the life of a Proclamation issued under article 352, 356, and 360 in the events of the dissolution of the Lok Sabha.

Overall, reasons for the UC have always remained a subject of debate. Some call it undemocratic due to its structure (indirect election of members) while others favour it for its revising and other powers. India’s RS enjoys equal powers except in money legislations.