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The Rajya
Sabha (meaning the "Council of States") is
the upper house of the Parliament of India. Membership is limited
to 250 members, 12 of whom are chosen by the President of India
for their expertise in specific fields of art, literature, science,
and social services. These members are known as nominated members.
The remainder of the body is elected by state and territorial
legislatures.
Terms of office are for six years, with one third of the members
facing re-election every two years.
The Rajya Sabha meets in continuous session and, unlike the
lower house of parliament, the Lok Sabha, is not subject to
dissolution. The Rajya Sabha shares legislative powers with
the Lok Sabha, except in the area of supply, where the Lok Sabha
has overriding powers. In the case of conflicting legislation,
a joint sitting of the two houses is held.
The Vice-President of India is the ex-officio Chairman of the
Rajya Sabha. The Deputy Chairman of the Rajya Sabha, who is
elected from amongst its members, takes care of the day-to-day
matters of the house in the absence of the Chairman.
The Rajya Sabha held its first sitting on 13 May 1952.
Qualifications required to become a member
To become a member of the Rajya Sabha, a person must definitely
be a citizen of India, not less than 30 years
of age. He/she should be mentally sound and should not be
bankrupt. He/she should also state an affidavit that
there are no criminal procedures against him/her. For reserved
seats one should be member of scheduled caste or/and tribes.
One can also be appointed by the President of India.
Appointment
Members are elected by the Legislative Assembly of
Each State. Seats are fixed for each state on the basis of its
population, and not equality. |
| States of India |
Seats-No |
|
1 Andhra Pradesh
2 Arunachal Pradesh
3 Assam
4 Bihar
5 Chhattisgarh
6 Goa
7 Gujarat
8 Haryana
9 Himachal Pradesh
10 Jammu & Kashmir
11 Jharkhand
12 Karnataka
13 Kerala
14 Madhya Pradesh
15 Maharashtra
16 Manipur
17 Meghalaya
18 Mizoram
19 Nagaland
20 National Capital Territory of Delhi
21 Nominated
22 Orissa
23 Pondicherry
24 Punjab
25 Rajasthan
26 Sikkim
27 Tamil Nadu
28 Tripura
29 Uttar Pradesh
30 Uttarakhand
31 West Bengal
|
18
1
7
16
5
1
11
5
3
4
6
12
9
11
19
1
1
1
1
3
12 (only 10 seats filled)
10
1
7
10
1
18
1
31 (only 30 seats filled)
3
16 |
Elections
in within the state legislatures are held using single transferable
votes with proportional representation.
Powers
Along with Lok Sabha, the Rajya Sabha has the right
to initiate, pass and amend ordinary bills of law. If there
is a conflict which cannot be resolved even by the joint committee
of the two Houses, it is solved in the joint session of the
Parliament, where the will of the Lok Sabha almost always prevails,
since the Lok Sabha is more than twice as large as the Rajya
Sabha.
- Consultative Power in money bills (taxation and spending),
which can originate only in the Lok Sabha, and the Rajya
Sabha cannot delay it for more than fourteen days, nor amend
it against the will of the Lok Sabha, otherwise the bill
will be deemed to be passed by both the houses and sent
to the President for assent.
- Equal Powers with the Lok Sabha in initiating and passing
any Bill for Constitutional Amendment (by a majority of
the total membership of the House and at least two-thirds
majority of the members present and voting).
- Equal Powers with the Lok Sabha in initiating and passing
a motion for the impeachment of the President (by two-thirds
vote of the membership of the House)
- Equal Powers with the Lok Sabha in initiating and passing
a motion for the impeachment of the judges of the Supreme
Court and the state High Courts (by a majority of the membership
of the House and two-thirds majority of the members present
and voting)
- Equal Powers with the Lok Sabha in initiating and passing
a resolution declaring war or national emergency or constitutional
emergency in a state.
- If the Lok Sabha is dissolved before or after the declaration
of a National Emergency, the Rajya Sabha becomes the sole
de facto and de jure Parliament. It, of
course, cannot be dissolved.
- Sole power to declare by two-thirds majority if a subject
in the jurisdiction of the states has assumed national importance,
thereby enabling the Union to legislate on it.
- No power to cause the dismissal or resignation of the
Prime Minister or any minister, this being the sole prerogative
of the Lok Sabha (caused by its simple majority). But power
to ask questions from the ministers retained.
Election
The members of the Rajya Sabha from each state
are elected by the members of the Legislature or the Legislative
Assembly of that state by means of proportional representation
through the Single Transferable Vote System. The representatives
of the Union Territories are chosen in such manner as may be
decided or prescribed by the Parliament from time to time.Elected
Members
There are 238 elected members, who represent the 28 states and
7 Union Territories,including the National Capital territory,
New Delhi. Seats are allotted to them on the basis of their
population. For example, Uttar Pradesh with a population of
nearly 16 crores is represented in the Rajya Sabha by 31 members,
which is the largest.
Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura
send only one member each to the Rajya Sabha.
Nominated
Members
Under article 80 of the Constitution, out of the 250
members, of the Council of States (Rajya Sabha) 12 are nominated
by the President of India from amongst persons who have special
knowledge or practical experience in the fields such as literature,
science, art or social service.Since its inception in 1952,
105 members have been nominated so far, for a term of 6-year
each, and with an added provision that one-third of the members
shall retire every two years. |
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