All You Need To Know About Rajya Sabha
Introduction
The Rajya Sabha is the Upper House of Parliament, which represents the states and union territories of the Indian Union. It is also known as the House of Elders or the Second Chamber. The Rajya Sabha is referred to be the perpetual House of Parliament because it is never completely disbanded. The allocation of Rajya Sabha seats to states and union territories is covered in the Fourth Schedule of the Indian Constitution.
Historical Background of The Rajya Sabha
• The Montague-Chelmsford Report from 1918 served as the impetus for the creation of the second Chamber.
• The "Council of State" was to be a second chamber of the existing legislature with a limited franchise, and it was to be established in accordance with the Government of India Act, 1919, in 1921.
Rajya Sabha: Composition
• According to Article 80 of the Constitution, the Rajya Sabha can have a maximum of 250 members, of which 12 are chosen by the President and 238 are elected by the States and the two Union Territories.
• The President has put forward candidates for the membership who have expertise in fields like literature, science, the arts, and social work.
• Placement of Seats: The allotment of seats for the States and Union Territories in the Rajya Sabha is outlined in the Fourth Schedule to the Constitution.
Eligibility Requirements
• The Constitution's Article 84 outlines the requirements for membership in Parliament. To be eligible for Rajya Sabha membership, a person must meet the following requirements:
• He must be an Indian citizen and swear or affirm before someone the Election Commission has authorized in that capacity using the form outlined in the Third Schedule to the Constitution. He also needs to be at least 30 years old and meet any additional requirements imposed on him by or pursuant to any law passed by Parliament.
Grounds For Disqualification In The Rajya Sabha
• According to Article 102 of the Constitution, a person is ineligible to be elected to, and to serve as, a member of either House of Parliament:
• If he holds a position of profit under the control of the Government of India or the Government of any State that is not one for which Parliament has passed a law exempting the holder.
• If a court of competent jurisdiction has determined that s/he is mentally incompetent.
• If s/he has not been declared insolvent.
• If s/he is not an Indian citizen, has chosen to become a citizen of another country, or has pledged his allegiance to another country, s/he is ineligible to run for office under any law passed by Parliament.
Process For Selecting A Rajya Sabha Member
• The Rajya Sabha is elected through an indirect election process for the representatives of the States and Union Territories.
• By using a single transferable vote, the elected members of the Legislative Assembly of each State and the members of the Electoral College for each of the two Union territories elect their representatives in accordance with the proportional representation system.
• The elected members of the Delhi Legislative Assembly make up the Electoral College for the National Capital Territory of Delhi, and the elected members of the Puducherry Legislative Assembly make up the Electoral College for Puducherry.
• Obtaining the necessary number of votes is necessary for a contender to obtain a Rajya Sabha seat. The formula listed below is used to determine that number. Total votes cast / (Number of Rajya Sabha seats plus 1) + 1 equals the number of votes needed.
How Is The Biennial/Bye-Election Process For Rajya Sabha Members Conducted?
• Rajya Sabha cannot be dissolved because it is a perpetual House. However, after every two years, one-third of Rajya Sabha members retire.
• A member who is elected for the full six-year term holds office for that time. Bye-elections are held to fill vacancies created by events other than a member retiring at the end of his term in office.
• A member chosen in a bye-election continues to serve for the duration of the term of the member who resigned, passed away, or was otherwise ineligible to serve in the House in accordance with the Tenth Schedule.
Function of The Rajya Sabha
• As a revising Chamber, Rajya Sabha has a unique function to play. Its duty as a Second Chamber is to secure a second, thoughtful look at hastily drafted legislation.
• If the Bills reviewed by the Rajya Sabha are examined, it will become clear that the Rajya Sabha made several recommendations for revisions to the Bills passed by the Lok Sabha, and those recommendations were subsequently implemented.
• Bicameralism is a fundamental component of a federal constitution in order to give the constituent parts of the federation representation.
• The Council of States serves as a safety valve within the legislative itself, alleviating federal tensions, whereas checks and balances often exist between the administration, legislature, and judiciary.
• Along with the well-known examples of responsible administration and judicial review, Rajya Sabha thus constitutes an essential part of the constitutional checks and balances system.
• In addition to being a legislative body, parliament is also a deliberative body that allows its members to discuss significant matters of public interest.
• The Upper House's function is to deliberate as well as to counteract the "fickleness and passion" of the Lok Sabha.
• Due to the first-past-the-post electoral system, women, religious, ethnic, and linguistic minorities are not fairly represented in the Lok Sabha.
• Therefore, they would have the opportunity to participate in the country's legislative process through an indirect election (by propositional representation) to the Rajya Sabha.
• As a result, the Rajya Sabha might provide a seat for those who might not be able to secure a popular mandate.
Rajya Sabha's Special Powers
• The Rajya Sabha is granted several specific powers by the Constitution to carry out its federal purpose since it represents States and Union territories in Parliament, in addition to the coordination powers it shares with the Lok Sabha. Such unique capabilities support its position as an Upper House in relation to the Lok Sabha.
Lawmaking Regarding State Issues
• It can start central intervention in the state legislative arena because it is a federal chamber. According to Article 249 of the Constitution, the Rajya Sabha may adopt a resolution declaring that it is necessary or advantageous for Parliament to pass laws regarding any issue listed on the State List by a vote of at least two-thirds of the Members present and voting.
• If such a resolution is approved, Parliament will be given the power to pass legislation covering the resolution's designated subject for all or any portion of Indian Territory.
• Such a resolution shall be effective for the time period, not to exceed one year, mentioned therein, although such time period may be extended by subsequent resolutions by one year at a time.
• Article 312 of the Constitution gives the Rajya Sabha yet another exclusive power. If the Rajya Sabha approves a resolution stating that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament will have the authority to enact laws establishing such services.
Equal Powers Between The Rajya And Lok Sabha
• As may be seen from the following list, the Constitution has given both Houses of Parliament equal weight with regard to a number of significant issues:
• Equal authority to vote in and remove the president (Articles 54 and 61) with the Lok Sabha
• Equal voting power in the election of the vice president with the Lok Sabha (Article 66)
• Equal authority to enact laws defining parliamentary rights and punishing contempt with the Lok Sabha (Article 105)
• Equal authority with the Lok Sabha to approve declarations of emergency (issued in accordance with Article 352) and declarations of failure of the States' constitutional institutions (issued in accordance with Article 356)
• Equal right to receive reports and papers from various statutory authorities, including:
1. Audit Reports from the Comptroller and Auditor General of India [Article 151(1)].
2. Reports and papers from other statutory bodies.
3. Union Public Service Commission reports [Section 323(1)].
4. Reports from the Scheduled Castes and Scheduled Tribes Special Officer [Article 338(2)].
5. The Commission's Report [Article 340(3)] on its investigation into the circumstances of the Backward Classes.
6. Language Minorities Special Officer's Report [Article 350 B (2)].