Law and You > Constitutional Law > Rajya Sabha: The Council of States in India
According to Article 79 of the Constitution of India, there shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Thus Parliament has three components president, Council of States and the House of the People. In this article, we shall discuss provisions related to Council of States “(Rajya Sabha)
The Rajya Sabha, or the Council of States, is the upper house of the Parliament of India. It plays a vital role in the legislative framework and governance of the country, complementing the Lok Sabha, the lower house. Established under Article 80 of the Indian Constitution, the Rajya Sabha embodies the federal structure of the nation, ensuring representation for the states and union territories. This article explores its composition, powers, functioning, and relevance in the Indian parliamentary system.
History of Rajya Sabha:
- The Rajya Sabha was constituted on 3 April, 1952.
- The Rajya Sabha met for the first time on 13 May, 1952.
- It was named Rajya Sabha on 23 August, 1954. The Chairman, Rajya Sabha made an announcement in the House that the Council of States would now be called ‘Rajya Sabha’ in Hindi.
- The first Chairman of Rajya Sabha was Dr. S. Radhakrishnan. He was elected unopposed for two consecutive terms (13.5.1952—12.5.1957 and 13.5.1957—12.5.1962).
- The first Deputy Chairman was Shri S. V. Krishnamoorthy Rao. He was also elected unopposed for two consecutive terms (31.5.1952—2.4.1956 and 25.4.1956 — 1.3.1962).
Composition of the Rajya Sabha
According to Article 80 of the Constitution of India, the Council of States shall consist of twelve members to be nominated by the President in accordance with the provisions of clause 80(3); and not more than two hundred and thirty-eight representatives of the States and of the Union territories. Thus there are maximum 238 + 12 = 250 members of Rajya Sabha. The actual strength, however, varies. According to Article 80(2) of the Constitution of India, the allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. The members of Rajya Sabha are elected or nominated through specific mechanisms provided in the Constitution. There are two types of members of the Rajya Sabha.
- Nominated Members: According to Article 80(3) of the Constitution, the 12 members to be nominated by the President shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:—Literature, science, art and social service. The nominated members of Rajya Sabha have a right to vote in the election of the Vice-President of India but they are not entitled to vote in the election of the President of India. The first nominated woman member of the Rajya Sabha was Smt. Rukmini Devi Arundale (1952-56 and 1956-62).
- Elected Members: 238 members represent the states and union territories. According to Article 80(4) of the Constitution the representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State by means of a single transferable vote in accordance with the system of proportional representation by means of the single transferable vote. According to Article 80(5) of the Constitution, the representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe.
- The State of Uttar Pradesh has maximum number of members (31). The States of Arunachal Pradesh, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura have got only 1 member each.
- Out of seven Union Territories, only two Union Territories namely Delhi and Puducherry are represented in Rajya Sabha as only these two Territories have Assemblies. Four members are elected from these Union Territories (3 from Delhi and 1 from Puducherry).
Tenure
According to Article 83(1) of the Constitution of India, the Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.
Thus, unlike the Lok Sabha, the Rajya Sabha is a permanent body and is not subject to dissolution. However, one-third of its members retire every two years, ensuring continuity. The term of a Rajya Sabha member is six years.
Qualification for Membership of Rajya Sabha
According to Article 84(a) of the Constitution a person shall not be qualified to be chosen to fill a seat in Parliament unless he is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule.
According to Article 84(b) of the Constitution the member of the Rajya Sabha is not less than thirty years of age and according to Article 84(c) of the Constitution he possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
The member can get elected from any state, even from a state he is not domiciled. He has to be an elector in a parliamentary constituency anywhere in India.
Disqualifications from Membership
Article 102(1) of the Constitution talks about disqualification of member of Parliament.
A person can be disqualified for being chosen as, and for being a member of Rajya Sabha if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; if he is of unsound mind; if he is declared insolvent; if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; if he is so disqualified by or under any law made by Parliament; and if he is so disqualified under the Tenth Schedule which provides for disqualification on grounds of defection. The same rules apply for a member of the Lok Sabha.
If any question arises as to whether a member of the House has become subject to disqualification under Article 102(1) of the Constitution, the question is referred for the decision of the President and his decision is final. However, before giving his decision on such question the President obtains the opinion of the Election Commission of India and acts according to such opinion. On the other hand, if any question arises as to whether a member of the House has become subject to disqualification under the Tenth Schedule to the Constitution, the question is referred to the Chairman, Rajya Sabha and his decision is final. In the case of Lok Sabha, the question is referred to the Speaker, Lok Sabha and her decision would be final.
Members’ Salaries and Allowances
Salary, allowances and pension of the members are governed by the Salary, Allowances and Pension of Members of Parliament Act, 1954 and the Rules made thereunder. Every member can avail Constituency Allowance and the Office Expense Allowance. Besides, a member is entitled to travel allowance, rail travel facilities, air journeys, accommodation, medical facilities, telephone facilities, electricity and water facilities, advance for the purchase of conveyance, financial entitlement for purchasing computer equipment etc. For more details please go to http://rajyasabha.nic.in.
Former Members of Parliament are entitled to get pensionary benefits, free rail travel facility and medical facilities. Family Pension is given to the spouse/ dependent of the deceased member/ ex- member.
Minister who is Member of LokSabha:
A Minister who is a member of Lok Sabha has the right to speak in and take part in the proceedings of Rajya Sabha but has no right to vote in Rajya Sabha and vice-versa. Smt. Indira Gandhi, Shri H.D. Deve Gowda, Shri Inder Kumar Gujral and Dr. Manmohan Singh are the names of the members of Rajya Sabha who became the Prime Minister of India.
Quorum:
The quorum is one-tenth of the total members of the House, i.e., 25 members.
Officers of Rajya Sabha:
Ex-Officio Chairman:
According to Article 89(1) of the Constitution, the Vice-President of India is the ex officio Chairman of Rajya Sabha. According to Article 89(1) of the Constitution, the Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof. Thus, the Deputy Chairman is elected by the members of Rajya Sabha from among its members. The Deputy Chairman performs the duties of the office of the Chairman when the office of Chairman is vacant; and during any period when the Vice-President is acting as, or discharging the functions of the President.
The Chairman, Rajya Sabha nominates six members on the Panel of Vice-Chairmen, one of whom presides over the House in the absence of both the Chairman and the Deputy Chairman. When neither the Chairman nor the Deputy Chairman and none of the Vice-Chairmen is present to preside, the House may choose any other member present to preside.
Leader of the House:
The Leader of the House plays an important role in drawing up the programme of official business in the House. Normally, the Prime Minister nominates a Minister who is a member of Rajya Sabha as Leader of the House, but if the Prime Minister himself is a member of Rajya Sabha, he will be the Leader of the House.
Leader of Opposition:
The Leader in that House of the Party in opposition to the Government having the greatest numerical strength is recognized as such by the Chairman of the Council of States as the case may be. Where there are two or more parties in opposition to the Government, having the same numerical strength, the Chairman, having regard to the status of the parties, recognizes anyone of the Leaders of such parties as the Leader of the Opposition and such recognition is final and conclusive.
The Leader of the Opposition watches for encroachments on the rights of minorities, demands debates when Government is trying to slide away without parliamentary criticism. He must be in his place often and must be familiar with the skills of a parliamentarian and all the opportunities available under the rules of the House.
Secretary-General:
The Secretary-General who is an officer of the Rajya Sabha is appointed by the Chairman, Rajya Sabha. The Secretary-General has a wide array of functions which include among others, assisting the Presiding Officer in conducting the proceedings of the House by giving them advice and expert opinion; reporting messages from the Lok Sabha about Bills or any other matter to the House; receiving all notices under the rules which are addressed to him; being the custodian of the records of the House; preparing full report of the proceedings of the House and also issuing the List of Business for the day. He does not participate in the debate. He is also the administrative head of the Rajya Sabha Secretariat.
According to Article 98(1) of the Constitution, each House of Parliament shall have a separate secretarial staff. There may be the creation of posts common to both Houses of Parliament.
Powers of Rajya Sabha:
Rajya Sabha enjoys certain special powers compared to Lok Sabha which are as follows:
- to empower Parliament to make laws in respect of any matter enumerated in the State List in the national interest by adopting a resolution to this effect (article 249);
- to create All India Services (article 312); and
- to approve Proclamations (issued under articles 352, 356 and 360) if the Lok Sabha stands dissolved or the dissolution of the Lok Sabha takes place within the period allowed for the approval of the Proclamation by Parliament.
Legislative Relationship between Lok Sabha and Rajya Sabha
In legislative matters, Rajya Sabha enjoys almost equal powers with Lok Sabha, except in the case of Money Bills where the Lok Sabha has overriding powers. Such Bills cannot be introduced in Rajya Sabha and are deemed to have been passed by both the Houses if these are not returned by Rajya Sabha to Lok Sabha within a period of fourteen days.
After a Money Bill is introduced and passed by the Lok Sabha, it is transmitted to Rajya Sabha for its concurrence or recommendation. Rajya Sabha has to return the Money Bill to Lok Sabha within a period of fourteen days from its receipt. It cannot amend the Money Bill directly; it can only recommend amendments to the Bill. Lok Sabha may either accept or reject all or any of the recommendations made by the Rajya Sabha. If Lok Sabha accepts any of the recommendations made by Rajya Sabha, the Bill is deemed to have been passed by both the Houses with the amendments so recommended and accepted. If, however, Lok Sabha does not accept any of the recommendations of Rajya Sabha, the Money Bill is deemed to have been passed by both Houses of Parliament in the form in which it was passed by Lok Sabha without any of the amendments recommended by Rajya Sabha.
Resolving Deadlock between Lok Sabha and Rajya Sabha
A disagreement between the two Houses can arise when a Bill passed by one House is rejected by the other House; or when the Houses have disagreed on the amendments to be made in the Bill; or more than six months has lapsed from the date of the reception of the Bill by the other House without the Bill being passed by it.
A joint sitting of both Houses is convened for this purpose as provided in article 108 of the Constitution. There is no question of a deadlock over Money Bills as the Rajya Sabha has a limited say in the matter. There is no provision for a joint sitting in case of a deadlock over a Constitution Amendment Bill. So far, there have been three joint sittings of the Lok Sabha and the Rajya Sabha, one each on the Dowry Prohibition Bill, 1959 (6 and 9 May 1961); the Banking Service Commission (Repeal) Bill, 1977 (16 May 1978) and the Prevention of Terrorism Bill, 2002 (26 March 2002).
Parliamentary Committees:
Parliamentary Committees of the Rajya Sabha may be categorized as ad hoc Committees and Standing Committees.
Ad hoc Committees:
Ad hoc Committees are those Committees which may be constituted by the House or by the Chairman or by the Presiding Officers of both Houses jointly to consider and report on specific matters. Such Committees become functus officio as soon as they complete their work. These Committees may be divided into two categories, the Select or Joint Committees on Bills constituted by the House(s) on specific motion to consider and report on Bills; Committees which are constituted from time to time enquire into and report on specific subjects.
Standing Committees:
Standing Committees are permanent Committees whose members are either elected by the House or nominated by the Chairman every year or from time to time. The Standing Committees in Rajya Sabha are: Business Advisory Committee, General Purposes Committee, Committee on Government Assurances, House Committee, Committee on Petitions, Committee on Subordinate Legislation, Committee on Papers Laid on the Table, Committee of Privileges, Committee on Rules, Committee on Ethics, Committee on Provision of Computers to Members of Rajya Sabha, Committee on Member of Parliament Local Area Development Scheme and the Department-related Standing Committees.
Importance of the Rajya Sabha in India’s Federal System
The Rajya Sabha ensures that states and union territories have a voice in the legislative process. It acts as a balance to the Lok Sabha, preventing the domination of populous states over smaller ones. This representation is particularly crucial in a federal setup where regional interests must be considered. The Rajya Sabha reflects the federal structure by providing equal representation to smaller states, irrespective of their population. It mitigates the possibility of hasty legislation by serving as a reviewing chamber.
Challenges Faced by the Rajya Sabha
- Limited Financial Powers: The Rajya Sabha’s inability to introduce or decisively amend money bills reduces its legislative influence.
- Nominated Members: Critics argue that the nomination process can sometimes be influenced by political considerations rather than merit.
- Overlap with Lok Sabha: The functional overlap between the two houses can lead to redundancy and inefficiency.
- Regional Imbalance: While the Rajya Sabha represents states, the proportional representation system may still favour larger states in terms of influence.
Reforms and Suggestions
To enhance the effectiveness of the Rajya Sabha, several reforms have been proposed:
- Strengthening Financial Powers: Allowing greater involvement in financial legislation could bolster its role.
- Transparent Nominations: Establishing clear criteria for nominating members can ensure the inclusion of genuine experts.
- Improving Functionality: Streamlining the legislative process to reduce redundancy with the Lok Sabha.
- Ensuring Regional Representation: Balancing the representation of smaller states to prevent regional imbalances.
Conclusion
The Rajya Sabha, or Council of States, is the upper house of the Indian Parliament. It plays a pivotal role in representing the states and union territories of India, ensuring that regional interests are considered in the formulation of national policies and laws. Established by Article 80 of the Indian Constitution, the Rajya Sabha comprises members indirectly elected by the state legislative assemblies and appointed members, who are experts in various fields like arts, science, and law. Its membership is not fixed but varies based on the population of the states.
One of the key functions of the Rajya Sabha is to review and amend legislation proposed by the Lok Sabha (the lower house). While it does not have the same power in financial matters, it can delay legislation, raise critical issues, and suggest amendments. The Rajya Sabha serves as a forum for debate and discussion, often bringing diverse perspectives into legislative processes. It provides a platform for specialized knowledge and long-term thinking, balancing the immediate concerns addressed in the Lok Sabha.
Though it is a significant body in India’s parliamentary system, the Rajya Sabha has faced criticism for being less dynamic compared to the Lok Sabha. Critics argue that the indirect election process makes it less representative and accountable to the public. Additionally, the large number of nominated members sometimes creates concerns about political influence.
In conclusion, the Rajya Sabha plays an essential role in the Indian democratic system, ensuring that diverse regional voices are heard in national policymaking. However, it also faces challenges related to accountability and effectiveness, which require ongoing reforms to strengthen its functioning in India’s evolving political landscape.