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Difficulty: MediumFederal System, Centre-State Relations, and Emergency Provisions

With reference to the creation of All-India Services under Article 312 of the Constitution of India, consider the following statements:

1. A resolution recommending the creation of a new All-India Service must originate in the Rajya Sabha and be supported by not less than two-thirds of the members present and voting.
2. A law passed by Parliament to create a new All-India Service under this provision is deemed to be an amendment of the Constitution under Article 368.

Which of the statements given above is/are correct?

  1. 1 onlyAnswer
  2. B
    2 only
  3. C
    Both 1 and 2
  4. D
    Neither 1 nor 2

Answer

The statement stating that a resolution recommending the creation of a new All-India Service must originate in the Rajya Sabha supported by at least two-thirds of members present and voting is correct, while the statement regarding constitutional amendment under Article 368 is incorrect.
Under Article 312 of the Indian Constitution, the Rajya Sabha has the exclusive federal power to initiate the creation of a new All-India Service by passing a resolution supported by at least two-thirds of members present and voting. Once such a resolution is adopted, Parliament can create the service by ordinary law. Such ordinary legislation does not amount to a constitutional amendment under Article 368.

Step-by-Step Solution

1
Analyze Statement 1 regarding the authority and majority required to initiate a new All-India Service.
Article 312 empowers the Rajya Sabha exclusively to pass a resolution declaring that it is necessary or expedient in the national interest to create one or more All-India Services. The resolution must be supported by not less than two-thirds of the members present and voting. Therefore, Statement 1 is correct.
This special privilege reflects the federal character of the Rajya Sabha as the representative body of the states.
2
Analyze Statement 2 regarding whether parliamentary legislation under Article 312 constitutes an amendment under Article 368.
Laws enacted by Parliament pursuant to an Article 312 resolution to create or regulate All-India Services are simple parliamentary enactments and are explicitly excluded from the formal amendment procedure under Article 368. Therefore, Statement 2 is incorrect.
The Constitution permits Parliament to adjust administrative structures under Article 312 without invoking the rigorous process of constitutional amendment.

Key Concept

Exclusive Powers of Rajya Sabha and Creation of All-India Services (Article 312)
Estimated Time:1m 0s
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Topics

Federal System, Centre-State Relations, and Emergency Provisions

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