Rajya Sabha

1. Constitutional position and representative character

Rajya Sabha combines federal representation with legislative revision. Constituted in 1952, it enables States to participate in national lawmaking while offering a continuing forum beyond the electoral life of a particular Lok Sabha. Its constitutional name is the Council of States. Nevertheless, India does not follow the American model of equal representation for every State: seat allocation broadly reflects population and is specified in the Fourth Schedule.

Under Article 80, the President nominates 12 members having special knowledge or practical experience in literature, science, art and social service. Nomination brings expertise into parliamentary deliberation; it is not a separate category of representation for political parties. Nominated members generally enjoy the same legislative rights as elected members, including voting on ordinary legislation and constitutional amendments.

Only Union territories for which representation has been provided by parliamentary law send members. Currently, Delhi, Puducherry and Jammu and Kashmir are represented. A crucial electoral distinction is that nominated Rajya Sabha members cannot vote in the presidential election under Article 54, but can vote in the vice-presidential election under Article 66. The latter electoral college comprises members of both Houses, including nominated members.

• Federal chamber does not mean equal State representation.
• Distinguish the constitutional ceiling of 250 from the allocated strength of 245.
• Rajya Sabha is permanent, but membership is normally time-bound.

2. Elections, qualifications and membership

Representatives of each State are elected by the elected members of its Legislative Assembly through proportional representation by means of the single transferable vote. Legislative Council members and nominated Assembly members do not participate. Voters rank candidates by preference; the quota depends on the valid votes and number of seats to be filled. The system allows sufficiently large opposition groups to secure representation, although it does not guarantee seats to every party.

Rajya Sabha elections use an open-ballot arrangement under election law. An MLA belonging to a political party must show the marked ballot to that party’s authorised agent in the prescribed manner; independent electors must not show it to an agent. This is not a public voice vote. In Kuldip Nayar v. Union of India (2006), the Supreme Court upheld the open-ballot system and the removal of the requirement that a candidate be an elector in the State being represented.

Article 84 requires Indian citizenship, the prescribed oath or affirmation, and a minimum age of 30 years. The Representation of the People Act, 1951 supplies further qualifications, including registration as an elector for a parliamentary constituency in India. Disqualifications arise under Article 102, parliamentary law and the Tenth Schedule. A nominated member attracts anti-defection disqualification by joining a political party after six months from taking the seat.

The normal statutory term is six years. A member elected in a casual vacancy serves only the remainder of the predecessor’s term. Biennial retirement sustains institutional continuity. Under Article 101, the House may declare a seat vacant if a member is absent from all meetings for 60 days without permission, excluding specified periods of prorogation or adjournment.

3. Presiding officers and parliamentary functioning

Under Article 89, the Vice-President is ex officio Chairman, while Rajya Sabha elects a Deputy Chairman from among its members. The Chairman is not a member of the House. Presiding officers maintain order, interpret procedural rules and facilitate business. When presiding, the Chairman or Deputy Chairman does not vote in the first instance but exercises a casting vote in case of equality under Article 100.

The Deputy Chairman can be removed by a resolution passed by a majority of all the then members of Rajya Sabha, after at least 14 days’ notice. Removing the Vice-President follows Article 67(b): the resolution must originate in Rajya Sabha, pass by a majority of all its then members, and be agreed to by Lok Sabha. Thus, removal of the Chairman in his capacity as Vice-President is constitutionally distinct from removal of the Deputy Chairman.

The quorum is one-tenth of the total membership. Under Article 85, no more than six months may intervene between the last sitting of one session and the first sitting of the next. Members exercise freedom of speech subject to constitutional provisions and parliamentary rules, with Article 105 protecting parliamentary speech and votes from court proceedings. Questions, debates, motions and committees enable scrutiny of administration even though the Council of Ministers is collectively responsible only to Lok Sabha.

4. Legislative powers and limits

An ordinary bill may originate in either House and normally requires approval by both. A qualifying deadlock may lead to a joint sitting under Article 108, where Lok Sabha’s greater numerical strength usually matters. Dissolution does not cause a bill pending in Rajya Sabha, which Lok Sabha has not passed, to lapse. By contrast, a bill passed by Lok Sabha and pending in Rajya Sabha ordinarily lapses on dissolution, subject to the constitutional exception concerning a notified joint sitting.

Money Bills under Articles 109–110 can originate only in Lok Sabha. Rajya Sabha may recommend changes but must return the bill within 14 days; Lok Sabha may accept or reject those recommendations. If it is not returned in time, it is deemed passed in the form approved by Lok Sabha. Not every bill involving expenditure or taxation is necessarily a Money Bill: other financial bills follow different constitutional requirements.

For constitutional amendments under Article 368, both Houses possess equal power. Each must separately pass the bill by the prescribed special majority, and there is no joint sitting. Rajya Sabha also participates on an equal footing in presidential impeachment and parliamentary proceedings for removal of Supreme Court and High Court judges. It cannot remove the government through a no-confidence motion, but its inability to determine governmental survival does not eliminate its accountability role.

5. Special powers and contemporary significance

Article 249 allows Rajya Sabha to declare, by a resolution supported by at least two-thirds of members present and voting, that Parliament should legislate on a specified State List matter in the national interest. The resolution lasts for a maximum of one year and can be renewed. A law made through this route ceases to have effect six months after the resolution ceases to operate, except regarding things already done or omitted.

Under Article 312, a similarly supported resolution can authorise Parliament to create one or more All India Services common to the Union and States, including an All India Judicial Service. The resolution enables parliamentary legislation; it does not itself create the service. These provisions recognise the federal chamber’s role in authorising important changes affecting State administration and legislative autonomy.

Rajya Sabha also provides continuity during dissolution of Lok Sabha. Emergency provisions contain special arrangements allowing its approval to operate temporarily, followed by the newly constituted Lok Sabha’s approval within the prescribed period. Its broader value lies in revising hurried legislation, accommodating regional interests and sustaining committee scrutiny. However, party discipline, unequal State representation and the absence of a State-residence requirement mean that it should not be understood as a council of State-government delegates.

• Reform priorities include fuller debate, stronger committee examination, transparent nomination practices and fewer disruptions.
• For Prelims, distinguish majorities based on members present and voting from majorities based on all the then members.
• The Dinesh Goswami Committee on Electoral Reforms (1990) is relevant to the background of open-ballot reform in Rajya Sabha elections.

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