Rajya Sabha is the Upper House of Parliament, representing the Indian Union's states and union territories. It is sometimes referred to as the Second Chamber or the House of Elders. The Rajya Sabha is known as the Parliament's permanent House since it is never totally dissolved. The Indian Constitution's Fourth Schedule addresses the allotment of Rajya Sabha seats to states and union territories. This article explains the Rajya Sabha which is important for UPSC IAS exam preparation.

Rajya Sabha - Historical Background

• The origin of the second Chamber can be traced to the Montague-Chelmsford Report of 1918.
• The Government of India Act, 1919 provided for the creation of a ‘Council of State’ as a second chamber of the then legislature with a restricted franchise which actually came into existence in 1921.

Rajya Sabha - Composition

• Composition/Strength Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President and 238 are representatives of the States and of the two Union Territories.
• The members nominated by the President are persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service.
• Allocation of Seats:- The Fourth Schedule to the Constitution provides for the allocation of seats to the States and Union Territories in the Rajya Sabha.

Rajya Sabha - Eligibility for Becoming Members

Article 84 of the Constitution lays down the qualifications for membership of Parliament. A person to be qualified for the membership of the Rajya Sabha should possess the following qualifications:

• He must be a citizen of India and make and subscribe before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution;
• He must be not less than 30 years of age;
• He must possess such other qualifications as may be prescribed on that behalf by or under any law made by Parliament.

Rajya Sabha - Grounds For Disqualification

Article 102 of the Constitution lays down that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament –

• 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 and stands so declared by a competent court;
• If he is an undischarged insolvent;
• If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;
• If he is so disqualified by or under any law made by Parliament.

Process for Election of a member of Rajya Sabha

• The representatives of the States and of the Union Territories in the Rajya Sabha are elected by the method of indirect election.
• The representatives of each State and two Union territories are elected by the elected members of the Legislative Assembly of that State and by the members of the Electoral College for that Union Territory in accordance with the system of proportional representation by means of the single transferable vote.
• The Electoral College for the National Capital Territory of Delhi consists of the elected members of the Legislative Assembly of Delhi, and that for Puducherry consists of the elected members of the Puducherry Legislative Assembly.
• To win a Rajya Sabha seat, a candidate should get a required number of votes. That number is found out using the below formula. Required vote = Total number of votes / (Number of Rajya Sabha seats + 1 ) + 1.

Process of the Biennial/Bye-election of Rajya Sabha Members?

• Rajya Sabha is a permanent House and is not subject to dissolution. However, one-third of Members of the Rajya Sabha retire after every second year.
• A member who is elected for a full term serves for a period of six years. The election held to fill a vacancy arising otherwise than by retirement of a member on the expiration of his term of office is called ‘Bye-election’.
• A member elected in a bye-election remains a member for the remainder of the term of the member who had resigned or died or disqualified to be member of the House under the Tenth Schedule.

Role of Rajya Sabha

As a Revising Chamber

• Rajya Sabha has a special role to play as a revising Chamber. As a Second Chamber, it has the mandate to secure a second sober look at hasty legislation.
• An analysis of the Bills revised by the Rajya Sabha would reveal that in a number of cases, Rajya Sabha had recommended changes in the Bills passed by Lok Sabha and those changes were, in fact, carried out eventually.

Safety Valve of India’s Federal Polity

• Bicameralism is necessary for a federal constitution to give representation to the units of the federation.
• While checks and balances usually operate between the executive, legislature and judiciary, the Council of States acts as a safety valve within the legislature itself, easing federal tensions.
• Rajya Sabha thus represents a crucial component of the constitutional checks and balances scheme, in addition to the commonly identified examples of responsible government and judicial review.

A Deliberative Body

• Parliament is not only a legislative body but also a deliberative one that enables the members to debate major issues of public importance.
• Thus, the role of the Upper House is to be a deliberative body besides balancing the “fickleness and passion” of the Lok Sabha.

Representing the Vulnerable Sections

• Women, religious, ethnic, and linguistic minority groups are not adequately represented in the Lok Sabha (due to first past the post-election system) 
• An indirect form of election (through propositional representation) to the Rajya Sabha, therefore, would give them a chance to get involved in the nation’s law-making process.
• Thus, Rajya Sabha can make a place for people who may not be able to win a popular mandate.

Special Powers Of Rajya Sabha

Apart from the coordinate powers, it enjoys with the Lok Sabha, the Constitution vests some special powers in the Rajya Sabha to exercise its federal mandate as it represents States and Union territories in Parliament. Such special powers lend credence to its status as an Upper House vis-à-vis the Lok Sabha.

Legislation on State matters

• As a federal chamber, it can initiate Central intervention in the State Legislative field. Article 249 of the Constitution provides that the Rajya Sabha may pass resolution, by a majority of not less than two-thirds of the Members present and voting, to the effect that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List.
• If such a resolution is adopted, Parliament will be authorized, to make laws on the subject specified in the resolution, for the whole or any part of the territory of India.
• Such a resolution will remain in force for such a period, not exceeding one year, as may be specified therein, but this period can be extended by one year at a time by passing further resolution.

Creation Of All India Services

Another exclusive power of the Rajya Sabha is contained in Article 312 of the Constitution wherein if the Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring 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 power to create by law such services.

Equal Powers Of Rajya Sabha Compared To Lok Sabha

There are some important matters in respect of which the Constitution has placed both Houses of Parliament on an equal footing as may be seen from the following list:

• Equal right with the Lok Sabha in the election and impeachment of the President (Articles 54 and 61)
• Equal right with the Lok Sabha in the election of the Vice-President (Article 66)
• Equal right with the Lok Sabha to make law defining parliamentary privileges and also to punish for contempt (Article 105)
• Equal right with the Lok Sabha to approve the Proclamation of Emergency (issued under Article 352), Proclamations regarding failure of the Constitutional machinery in States (issued under Article 356)
• Equal right with the Lok Sabha to receive reports and papers from various statutory authorities, namely
  • Audit Reports from the Comptroller and Auditor General of India [Article 151(1)]
  • Reports of the Union Public Service Commission. [Article 323(1)]
  • Reports of the Special Officer for the Scheduled Castes and Scheduled Tribes [Article 338(2)]
  • Report of the Commission to investigate the conditions of the Backward Classes [Article 340(3)]
  • Report of the Special Officer for Linguistic Minorities [Article 350 B(2)]

FAQs

Q1: What is the Rajya Sabha?

Q2: How many members are there in the Rajya Sabha?

Q3: What is the term length for Rajya Sabha members?

Q4: What role does the Rajya Sabha play in the legislative process?

Q5: Who presides over the Rajya Sabha?

MCQs

1. What is the maximum number of members in the Rajya Sabha?

A) 240

B) 250

C) 260

D) 270

2. Who nominates the members of the Rajya Sabha?

A) The Prime Minister

B) The Chief Justice

C) The President of India

D) The Lok Sabha

3. How often do elections take place for the Rajya Sabha?

A) Every year

B) Every two years

C) Every five years

D) No fixed term

4. Which of the following bills cannot be introduced in the Rajya Sabha?

A) Money bills

B) Ordinary bills

C) Constitutional amendment bills

D) Financial bills

5. Who is the current Chairman of the Rajya Sabha?

A) The President of India

B) The Vice President of India

C) The Prime Minister of India

D) The Speaker of the Lok Sabha

GS Mains Questions and Model Answers

Q1: Examine the significance of the Rajya Sabha in the Indian parliamentary system.

Answer: The Rajya Sabha, as the upper house of Parliament, plays a crucial role in representing the states and ensuring that regional interests are considered in the legislative process. It acts as a revising chamber, providing checks and balances to the Lok Sabha. By allowing for the nomination of members with expertise in various fields, it enriches debates and discussions. The Rajya Sabha's ability to delay legislation, although not to block money bills, ensures thorough examination of laws, reflecting the democratic ethos of inclusiveness in governance.

Q2: Discuss the composition and powers of the Rajya Sabha.

Answer: The Rajya Sabha comprises 250 members, with 238 representing states and union territories and 12 nominated by the President for their expertise. This composition allows for diverse representation, including various regions and professional backgrounds. While the Rajya Sabha can review and amend bills passed by the Lok Sabha, it cannot introduce money bills. Its powers include approving or rejecting legislation, participating in the budget process, and addressing critical national issues. The chamber’s deliberative nature enhances the legislative process, making it more comprehensive and reflective of India's federal structure.

Q3: Analyze the role of the Rajya Sabha in safeguarding the interests of the states in India.

Answer: The Rajya Sabha serves as a platform for states to voice their concerns at the national level, thereby safeguarding regional interests. Each state is represented in proportion to its population, ensuring that both smaller and larger states have a voice in legislative matters. This arrangement promotes federalism and helps mitigate conflicts between the center and states. The ability of Rajya Sabha members to discuss and influence legislation pertaining to state affairs reinforces their role as representatives of the state's interests, fostering cooperative federalism.

Previous Year Questions on  Rajya Sabha

1. UPSC Mains 2021

Question: Evaluate the role of the Rajya Sabha in the Indian political system.

Answer: The Rajya Sabha plays a vital role in representing state interests in the federal structure of India. As a revising chamber, it scrutinizes legislation passed by the Lok Sabha and ensures thorough debate on policies affecting diverse populations. Its unique composition allows for the inclusion of members with specialized knowledge, which enriches discussions. Although it cannot initiate money bills, its recommendations and deliberations are crucial for legislative effectiveness. Thus, the Rajya Sabha not only complements the Lok Sabha but also enhances the quality of parliamentary democracy.