Rajya Sabha: Composition, Election, Powers, and Comparison with Lok Sabha
The Rajya Sabha, also known as the Council of States, is the upper house of the Parliament of India. It represents the states and union territories and plays an important role in maintaining India’s federal structure. The Rajya Sabha is based on the principles of bicameralism and federalism, providing the states with representation at the Union level and serving as a constitutional second chamber. Unlike the Lok Sabha, the Rajya Sabha is a permanent body and is not subject to dissolution.
Composition of the Rajya Sabha
Under Article 80 of the Constitution of India, the Rajya Sabha can have a maximum strength of 250 members. Of these, up to 238 members represent the states and union territories, while 12 members are nominated by the President of India. The nominated members are chosen from persons having special knowledge or practical experience in fields such as literature, science, art and social service. The actual strength of the Rajya Sabha is determined from time to time according to the constitutional and statutory framework governing representation.
Election of Rajya Sabha Members
Members representing the states are elected indirectly by the elected members of the respective State Legislative Assemblies. The election is conducted through the system of proportional representation by means of the Single Transferable Vote (STV). Rajya Sabha elections use an open ballot system, introduced through an amendment to the Representation of the People Act in 2003. Members representing certain union territories are elected by an electoral college constituted according to the relevant law. In addition, 12 members are nominated by the President for their special knowledge or practical experience in specified fields.
Rajya Sabha as a Permanent House
The Rajya Sabha is a permanent body and cannot be dissolved. Article 83(1) provides for its permanent character. However, it is not a house in which members remain permanently. Each member normally has a six-year term, and approximately one-third of the members retire every two years. This system ensures continuity in Parliament because the entire Rajya Sabha does not change at the same time.
Powers of the Rajya Sabha
The Rajya Sabha enjoys a wide range of legislative, constitutional, deliberative and federal powers. In ordinary legislation, a bill generally requires the approval of both Houses of Parliament. The Rajya Sabha can discuss, amend and approve ordinary bills and can also participate in constitutional amendment legislation. It also exercises important powers in matters such as impeachment and removal proceedings against certain constitutional authorities, subject to the procedures prescribed by the Constitution.
The Rajya Sabha also has certain special powers that distinguish it from the Lok Sabha. Under Article 249, it can authorise Parliament to make laws on a subject in the State List when it considers such legislation necessary in the national interest. Such a resolution requires a majority of not less than two-thirds of the members present and voting. Under Article 312, the Rajya Sabha can also authorise Parliament to create one or more All India Services common to the Union and the states. This power also requires a resolution supported by not less than two-thirds of the members present and voting.
Rajya Sabha and Money Bills
The Rajya Sabha has a limited role in relation to Money Bills. Under Article 110, a Money Bill can be introduced only in the Lok Sabha and cannot be introduced in the Rajya Sabha. After the Lok Sabha passes a Money Bill, it is sent to the Rajya Sabha for its recommendations. The Rajya Sabha must return the bill to the Lok Sabha within 14 days. The Lok Sabha may accept or reject any or all of the recommendations made by the Rajya Sabha. If the Rajya Sabha does not return the Money Bill within 14 days, the bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.
Presiding Officers of the Rajya Sabha
The Vice-President of India is the ex-officio Chairman of the Rajya Sabha under Article 64. The Chairman presides over the proceedings of the House and performs the duties assigned by the Constitution and the rules of the Rajya Sabha. The Rajya Sabha also elects a Deputy Chairman from among its members. The Deputy Chairman performs the functions of the Chairman when the office of Chairman is vacant or when the Chairman is unable to perform his duties.
Minimum Age for Membership
According to Article 84(b) of the Constitution, a person must be at least 30 years old to become eligible for election as a member of the Rajya Sabha. This is higher than the minimum age requirement for membership of the Lok Sabha, which is 25 years. The higher age requirement reflects the traditional view that the upper house should provide experience and mature deliberation in the legislative process.
Rajya Sabha and Lok Sabha: Key Difference
The Rajya Sabha and Lok Sabha together constitute the Parliament of India, but they differ significantly in their composition, election, tenure and powers. The Rajya Sabha is the upper house and permanent chamber, whereas the Lok Sabha is the lower house and can be dissolved before the completion of its normal five-year term. Rajya Sabha members representing states are elected indirectly by elected members of State Legislative Assemblies, while Lok Sabha members are generally elected directly by the people. The minimum age for Rajya Sabha membership is 30 years, compared with 25 years for the Lok Sabha.
The two Houses also have different powers over financial legislation. The Lok Sabha has greater authority over Money Bills, as such bills can be introduced only in the Lok Sabha and the Rajya Sabha can only make recommendations. However, the Rajya Sabha has important federal and special powers, particularly under Articles 249 and 312, which enable it to play a significant role in matters involving the national interest and All India Services.
Frequently Asked Questions
What is the maximum strength of the Rajya Sabha?
The Constitution provides for a maximum strength of 250 members in the Rajya Sabha. Up to 238 members represent the states and union territories, while 12 members are nominated by the President. The actual strength may be lower than the constitutional maximum.
How are members of the Rajya Sabha elected?
Members representing the states are elected by the elected members of State Legislative Assemblies through proportional representation using the Single Transferable Vote system. Rajya Sabha elections use an open ballot system. Members representing certain union territories are elected through an electoral college as provided by law, while 12 members are nominated by the President.
Is the Rajya Sabha a permanent body?
Yes. The Rajya Sabha is a permanent House of Parliament and cannot be dissolved. Members normally serve a six-year term, and approximately one-third of the members retire every two years. This arrangement ensures continuity in the functioning of the House.
Can the Rajya Sabha reject a Money Bill?
No. The Rajya Sabha cannot reject or amend a Money Bill in the same manner as an ordinary bill. It can make recommendations and must return the bill to the Lok Sabha within 14 days. The Lok Sabha has the power to accept or reject those recommendations. If the Rajya Sabha does not return the bill within 14 days, it is deemed to have been passed by both Houses in the form originally passed by the Lok Sabha.
What are the special powers of the Rajya Sabha?
The Rajya Sabha has two particularly important special powers. Under Article 249, it can authorise Parliament to legislate on a subject in the State List when such legislation is considered necessary in the national interest. Under Article 312, it can authorise the creation of one or more new All India Services. Both resolutions require the support of at least two-thirds of the members present and voting.
Who presides over the Rajya Sabha?
The Vice-President of India serves as the ex-officio Chairman of the Rajya Sabha. The House also elects a Deputy Chairman from among its members, who performs the functions of the Chairman when required.
What is the minimum age to become a Rajya Sabha member?
The minimum age for becoming a member of the Rajya Sabha is 30 years under Article 84(b) of the Constitution. For the Lok Sabha, the minimum age is 25 years.
Conclusion
The Rajya Sabha is an essential component of India’s parliamentary democracy and federal system. By representing the states and providing continuity in Parliament, it acts as an important constitutional check and a forum for detailed legislative deliberation. Although the Lok Sabha has greater authority in financial matters and represents the people directly, the Rajya Sabha performs distinctive functions through its representation of states and its special constitutional powers under Articles 249 and 312. Together, the two Houses provide the institutional foundation for India’s system of bicameral parliamentary government, federalism and constitutional governance.