Rajya Sabha (Council of States)

Rajya Sabha (Council of States)

TABLE OF CONTENTS

  1. Introduction
  2. Historical Background
  3. Constitutional Provisions
  4. Nature and Character of Rajya Sabha
  5. Composition (Art. 80)
  6. Election Method & Electoral College
  7. Term and Continuity (Art. 83)
  8. Qualifications (Art. 84)
  9. Disqualifications (Art. 102)
  10. Presiding Officers (Chairman, Deputy Chairman)
  11. Powers and Functions
  12. Special Powers of Rajya Sabha
  13. Limitations of Rajya Sabha
  14. Rajya Sabha vs Lok Sabha
  15. Officers & Secretarial Support
  16. Important Committees
  17. Key Parliamentary Terms
  18. Summary

1. Introduction

Rajya Sabha is the upper house of the Indian Parliament, representing the states and union territories.
It is designed to:

  • Maintain federal balance
  • Provide continuity in the parliamentary system
  • Protect the interests of the states
  • Act as a revising and reviewing chamber

Unlike Lok Sabha, Rajya Sabha is permanent and cannot be dissolved.

2. Historical Background

  • 1919 Government of India Act: First central bicameral legislature (Council of State + Legislative Assembly).
  • 1935 Act: Strengthened Council of State.
  • Constituent Assembly (1946–49): Adopted bicameralism at Union level.
  • 1952: First Rajya Sabha constituted.

3. Constitutional Provisions

Rajya Sabha is governed mainly by:

  • Art. 79–122 (Structure of Parliament, privileges, officers)
  • Art. 80–81 (Composition)
  • Art. 84 (Qualifications)
  • Art. 89–92 (Chairman, Deputy Chairman, quorum, voting)
  • Art. 100–108 (Joint sitting)
  • Art. 249, 312 (Special powers)
  • Art. 110–111 (Money Bills)
  • Art. 327–329 (Elections)

4. Nature and Character of Rajya Sabha

  • Federal chamber representing states
  • Permanent body (continuing chamber)
  • Not subject to dissolution
  • Acts as reviewing house to check hasty legislation
  • Protects interests of states in central legislation

However, RS often becomes dominated by national political parties.

5. Composition of Rajya Sabha (Article 80)

Total Strength: Max 250 members

  • 238 – Representatives of States & UTs
  • 12 – Nominated by President

Present Strength (2024): 245 Members

  • 233 elected
  • 12 nominated

Representation of States

  • Seats allocated according to:
    • Population of the state (not equal representation; unlike US Senate)
  • Election method: Proportional Representation by Single Transferable Vote (PR-STV)
  • MLAs of State Legislative Assembly constitute Electoral College.

Representation of Union Territories

  • Only Delhi & Puducherry have representation
  • Elected by members of their respective Legislative Assemblies.

Nominated Members (Art. 80(3))

  • President nominates 12 eminent persons from:
    • Art, Literature, Science & Social Services
  • Purpose: Bring expertise into Parliament.

6. Election Method & Electoral College

Elected Members (233)

  • Chosen by MLAs of states/UTs
  • Method: PR–STV (ensures minority representation)
  • A candidate must secure required quota of votes.

Why PR-STV?

  • Prevents domination by majority party
  • Ensures representation of diverse groups

7. Term and Continuity (Article 83(1))

  • Rajya Sabha is not dissolved
  • One-third of members retire every 2 years
  • Term of each MP: 6 years
  • Retirement system ensures continuity of governance

8. Qualifications for Membership (Art. 84)

  1. Indian Citizen
  2. Minimum 30 years of age
  3. Must satisfy parliamentary regulations (e.g., not disqualified under law)
  4. Voter anywhere in India (NOT required to be resident of state—per 2003 amendment)

9. Disqualifications (Art. 102)

A person is disqualified if:

  • Holds office of profit
  • Unsound mind (declared by court)
  • Undischarged insolvent
  • Not a citizen of India / acquired foreign citizenship
  • Disqualified under Representation of People Act 1951
  • Disqualified under Anti-Defection Law (Tenth Schedule)

10. Presiding Officers

10.1 Chairman (Article 89)

  • Vice President of India is the ex-officio Chairman
  • Not a member of Rajya Sabha

Powers & Functions

  • Presides over sessions
  • Maintains order and decorum
  • Decides admissibility of questions
  • Can suspend members for misconduct
  • Cannot vote except in tie (casting vote)
  • Not part of impeachment of VP (as accused)

10.2 Deputy Chairman

  • Elected from among Rajya Sabha members
  • Acts in absence of Chairman
  • Can be removed by majority of Rajya Sabha members

10.3 Panel of Vice-Chairpersons

  • Appointed by Chairman
  • Preside when both Chair & Deputy Chair absent

11. Powers and Functions of Rajya Sabha

11.1 Legislative Powers

  • Equal power with Lok Sabha in ordinary legislation
  • Can introduce and pass non-money bills
  • Can demand a joint sitting only when there is disagreement (but Lok Sabha dominates joint session)

11.2 Financial Powers (Limited)

  • Cannot introduce Money Bills
  • Can only give recommendations (within 14 days)
  • Cannot reject Budget or Demands for Grants

11.3 Executive Powers (Limited)

  • Government is NOT responsible to Rajya Sabha
  • But RS can:
    • Ask questions
    • Debate
    • Move discussions/censure (but not binding)

11.4 Judicial Powers

  • Participates in impeachment of:
    • President
    • Judges
    • Removal of CAG, CEC
  • Can punish members for breach of privilege

11.5 Electoral Powers

  • Participates in:
    • Election of Vice-President
    • Election of President

12. Special Powers of Rajya Sabha

These powers make Rajya Sabha unique and important.

12.1 Power under Article 249

Power to transfer State List subjects to Union

Rajya Sabha can authorize Parliament to legislate on State List subjects if:

  • A 2/3rd majority of members present and voting approve
  • Valid for 1 year, extendable

This protects national interest while preserving federalism.

12.2 Power under Article 312

Creation of New All-India Services

Rajya Sabha can enable Parliament to create AIS (e.g., IAS, IPS, IFS, IES) when:

  • 2/3rd majority support the resolution
  • Lok Sabha has no role initially

12.3 Power in Removal of Vice President (Art. 67(b))

  • The removal motion is introduced only in Rajya Sabha
  • Passed by RS, then agreed by LS
  • Unique power not shared by LS in initiation.

12.4 Role during National Emergency

  • Emergency Proclamation must be approved by both Houses
  • But RS can give approval even when LS is dissolved

13. Limitations of Rajya Sabha

  • Cannot form or dismiss government
  • Cannot override Lok Sabha on Money Bills
  • Dominated by national political parties (not fully federal)
  • Numerical strength lower → less influence in joint sittings
  • Cannot demand discussion on Demands for Grants

14. Rajya Sabha vs Lok Sabha

FeatureRajya SabhaLok Sabha
Membership245543
ElectionIndirectDirect
TermPermanent5-year maximum
Money BillsLimited powerFull power
Govt ResponsibilityNot responsibleResponsible
Joint SittingSmaller strengthDominant
Special PowersArt. 249, 312, VP removalMoney Bills, Govt removal

15. Officers & Secretarial Support

Rajya Sabha Secretariat

  • Provides administrative & procedural support
  • Non-partisan
  • Headed by Secretary-General (RS)
  • Manages committees and documentation

16. Important Committees of Rajya Sabha

  • Committee on Petitions
  • Committee on Subordinate Legislation
  • Committee on Government Assurances
  • Business Advisory Committee
  • Committee of Privileges
  • House Committee
  • Ethics Committee

(Financial Committees like PAC are joint, but chaired usually by Lok Sabha members.)

17. Key Parliamentary Terms

  • Quorum: 25 members (1/10th of total strength)
  • Motion: Proposal for House to act
  • Calling Attention: Seeks government clarification
  • Short Duration Discussion
  • Cut Motions (not applicable to RS)

18. Summary

Rajya Sabha plays a critical role as the federal chamber of Indian democracy.
Although it holds less power than Lok Sabha in financial and executive matters, it performs crucial tasks:

  • Represents states and UTs
  • Ensures continuity as a permanent body
  • Acts as a house of review for legislation
  • Possesses exclusive powers under Articles 249 and 312
  • Participates in constitutional amendments, impeachment, and electoral processes

Its unique role balances the federal structure, prevents hasty legislation, and enriches parliamentary debates with expertise from nominated members.

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