Council of States (Rajya Sabha)

Council of States (Rajya Sabha)

• Council of States (Rajya Sabha)

Background

The Rajya Sabha, often known as the “Council of States,” is a legislative body in India. The name was first used by the chair of the House on August 23, 1954.

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.

Ex-officio President of the Council of State at the time was the Governor-General. There were practically any compositional modifications made by the Government of India Act, 1935.

The Constituent Assembly, which convened for the first time on December 9th, served as the Central Legislature until 1950, when it was renamed “Provisional Parliament.” Until the first elections were held in 1952, the Central Legislature, also known as the Constituent Assembly (Legislative) and afterwards the Provisional Parliament, was unicameral.

In the Constituent Assembly, there was much discussion about the usefulness or otherwise of a Second Chamber in Independent India. Ultimately, it was decided that Independent India would have a bicameral legislature, primarily because a federal system was thought to be the most practical form of government for such a vast country with immense diversity.

 In fact, it was thought that a single directly elected House would not be able to handle the issues facing a free India. As a result, a second chamber known as the “Council of States” was established with a completely distinct makeup and election process from the directly elected House of the People.

It was intended to be a smaller-sized chamber than the Lok Sabha (House of the People). It was intended to be the federal chamber, a House elected by the elected representatives of the State assemblies and the assemblies of the two Union Territories, where States were not allowed equal representation. In addition to the elected members, provisions were provided for the President to nominate twelve people to the House.

 For membership, a minimum age of thirty years was set, compared to a minimum age of twenty-five for the Lower House. Making the Vice-President of India, who preside over the Rajya Sabha’s sessions, the ex-officio Chairman of the Rajya Sabha imparted a sense of respect and distinction to the Council of State House.

Constitutional Provisions relating to Rajya Sabha

Composition/Strength

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.

However, there are currently 245 members of the Rajya Sabha, of which 233 are from the States and Union Territories of Delhi and Puducherry, and 12 are presidential nominees.

The President has put forward candidates for the membership who have expertise in fields like literature, science, the arts, and social work.

Allocation of Seats

The Constitution’s Fourth Schedule outlines how seats in the Rajya Sabha would be distributed among the States and Union Territories. The population of each State is taken into account while allocating seats.

 Since 1952, the number of elected seats in the Rajya Sabha allocated to States and Union Territories has fluctuated due to the restructuring of States and the creation of new States.

Eligibility

Qualifications

The Constitution’s Article 84 outlines the requirements for membership in Parliament. The following qualifications should be held by a candidate for Rajya Sabha membership:

1. 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;
2. he must be not less than 30 years of age;
3. he must possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Disqualifications

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.

1. 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;
2. if he is of unsound mind and stands so declared by a competent court;
3. if he is an undischarged insolvent;
4. 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;
5. if he is so disqualified by or under any law made by Parliament. 

Explanation– A person is not considered to occupy a profit-making position under the governments of India or any State just because he serves as a minister for the Union or that State for the purposes of this section.

Additionally, the Tenth Schedule of the Constitution allows for the disqualification of members due to defection. In accordance with the Tenth Schedule’s provisions, a member may be removed from office if he voluntarily resigns from his political party membership or if he votes or abstains from voting in the House in defiance of any directive issued by the political party to which he belongs, unless the political party has granted its approval within fifteen days. A member who was elected as an independent candidate is ineligible if, after being elected, he or she joins any political party.

However, a member that the President has nominated to the House is permitted to join a political party if they do so during the first six months of their election.

If a member voluntarily resigns from his political party after being elected as the Deputy Chairman of the Rajya Sabha, he will not be disqualified on this basis.

Process for Election/Nomination

Electoral College:

The Rajya Sabha is elected through an indirect election process for the representatives of the States and Union Territories. Using a single transferable vote and the proportional representation system, the elected members of the Legislative Assembly of each State and the members of the Electoral College for each of the two Union territories choose the representatives for each of these entities.

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.

Biennial/Bye-election

           Rajya Sabha cannot be dissolved because it is a perpetual House. However, after every two years, one-third of the Rajya Sabha’s 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.

Presiding Officers –  Chairman and Deputy Chairman

The Rajya Sabha’s Presiding Officers are in charge of overseeing the proceedings of the House. Rajya Sabha’s ex-officio chairman is India’s vice president. A Deputy Chairman is also chosen by the Rajya Sabha from among its members.

Rajya Sabha also has a Panel of Vice-Chairmen, whose members are chosen by the Rajya Sabha Chairman. The proceedings of the House are presided over by a member of the Panel of Vice-Chairmen when the Chairman and Deputy Chairman are not present.

Secretary-General

The Chairman of Rajya Sabha appoints the Secretary-General, who is the highest ranking civil officer in the Union. For guidance on parliamentary issues, the Presiding Officers can easily reach the Secretary-General, who works in secrecy.

The Secretary-General oversees the Rajya Sabha Secretariat’s operations and is responsible for maintaining the House’s records. The Rajya Sabha Chairman is in charge of and directs his work.

Relation between the two Houses

The Council of Ministers is collectively accountable to the Lok Sabha under article 75(3) of the Constitution, hence the Rajya Sabha cannot form or dissolve the Government. However, it can exert control over the government, and this role becomes highly important, especially when the government does not hold a majority in the Rajya Sabha.

The Constitution calls for a joint session of the two Houses to break a deadlock between them when passing routine legislation. The Houses of Parliament have really convened in a joint session three times in the past to settle disputes. In a joint sitting, decisions are made by a majority of the members of both Houses who are present and participating in the vote.

The Speaker of Lok Sabha serves as the host of the combined sitting, which takes place in the Central Hall of Parliament House. The Constitution does not, however, call for a combined session of both Houses to consider a money bill because Lok Sabha obviously has precedence over Rajya Sabha in financial matters.

A Constitution amendment bill must be approved by both Houses in accordance with the requirements of article 368 of the Constitution. This is stated in the Constitution. As a result, there is no mechanism for breaking a tie between the two Houses over a Constitutional amendment Bill.

Members of either House of Parliament may be ministers. In this regard, the Constitution does not distinguish between the Houses. Every Minister has the right to speak and participate in either House’s proceedings, but only that House’s members are allowed to vote.

Similarly, the Constitution places the two Houses on an absolute equal footing in terms of the powers, privileges, and immunities of the Houses of Parliament, their members, and committees thereof.

Election of the Vice President, approval of the Proclamation of Emergency, and the proclamation reporting the failure of the constitutional machinery in States are further significant subjects over which both Houses have equal authority. Both Houses have equal authority to receive reports and files from various statutory authorities, etc.

Thus, it is evident that both Houses have equal authority, with the exception of the Council of Ministers’ collective responsibility and a few financial problems, which are the sole purview of the Lok Sabha.

Special Powers of Rajya Sabha

As a federal chamber, the Rajya Sabha is granted specific unique powers by the Constitution. The three Lists—Union List, State List, and concurrent List—contain all the topics and areas of legislation. One cannot legislate on a subject that is included in the purview of the other since the Union and State Lists are mutually exclusive.

 However, if the Rajya Sabha adopts a resolution by a vote of at least two-thirds of the members present and voting declaring that it is “necessary or expedient in the national interest” for Parliament to pass legislation on a matter listed in the State List, Parliament is given the authority to do so for all or any portion of the Indian subcontinent. The maximum duration of such a resolution is one year, but it is possible to prolong it by one year increments by passing other resolutions of a similar nature.

If the Rajya Sabha approves a resolution by a vote of at least two-thirds of the members present and voting stating that the creation of one or more All India Services common to the Union and the States is necessary or expedient in the national interest, Parliament is then given the authority to enact laws governing such services.

According to the Constitution, the President may make proclamations in times of financial disaster, national emergency, or failure of a State’s constitutional machinery.

Each of these proclamations must be authorised within a certain timeframe by both Houses of Parliament. But in some situations, Rajya Sabha has unique authority in this area. The proclamation remains in effect if the resolution approving it is passed by Rajya Sabha within the time frame outlined in the Constitution under articles 352, 356 and 360 if it is issued at a time when the Lok Sabha has been dissolved or if the dissolution of the Lok Sabha occurs within the period allowed for its approval.

Rajya Sabha in Financial Matters

Only the Lok Sabha is authorised to introduce a money bill. Once that House has approved it, Rajya Sabha is notified for approval or recommendation. The Rajya Sabha’s authority over such a Bill is constrained.

Such a Bill must be returned to Lok Sabha by Rajya Sabha within fourteen days of receipt. The Bill is presumed to have been passed by both Houses at the end of the specified timeframe in the form in which it was passed by Lok Sabha if it is not returned to Lok Sabha within that time.

The Rajya Sabha can only recommend revisions to a Money Bill; the Lok Sabha has the authority to adopt or reject all of the recommendations.

A Money Bill is not the only type of Financial Bill that cannot be introduced in the Rajya Sabha. However, there are also additional categories of financial bills for which the Rajya Sabha’s authority is unrestricted.

Both Houses have the authority to introduce these bills, and the Rajya Sabha has the authority to accept or amend such financial bills just like any other bill. Of course, unless the President has advised that House to consider the Bill, it cannot be passed by either House of Parliament.

However, it does not follow from all of this that Rajya Sabha has no involvement in financial concerns. Every year, the Indian government’s budget is also presented to the Rajya Sabha for discussion. No money, however, can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill has been passed by both Houses, even though Rajya Sabha does not vote on Demands for Grants of various Ministries—a issue that is entirely reserved for Lok Sabha. The Finance Bill is similarly presented to Rajya Sabha. Additionally, the joint committees with ten Rajya Sabha members that assess the yearly Demands for Grants of the Ministries/Departments are department-related Parliamentary Standing Committees.

Leader of the House

In addition to the Chairman and Deputy Chairman, the Leader of the House is another official who is crucial to the effective and seamless operation of the House’s activity.

The Prime Minister or any other Minister who is a member of the House and is designated by him to serve in that capacity is typically the Leader of the House in the Rajya Sabha. His main duty is to keep the House’s various sections coordinated in order to facilitate a productive and civil debate. He maintains close communication for this reason with the Opposition, individual ministries, and the Presiding Officer in addition to the Government.

He sits at the first seat in the first row, to the right of the Chair, in the chamber so that the presiding officer can easily consult him. According to the rules, the Chairman consults the Leader of the House before scheduling government business in the House, allocating days or time for discussion of the President’s Address, scheduling private member business on days other than Friday, discussing motions with no day yet designated, scheduling short duration discussions, and considering and returning a money bill.

He is also contacted by the Chairman when deciding whether to adjourn the House for the day in the event of the passing of a notable individual, a national leader, or a foreign dignitary. His job has gotten harder in the era of coalition governments.

He makes sure that the House has access to all necessary and appropriate resources to have an informed discussion about any issue that is brought before it. He serves as the House’s spokesperson, conveying its values and acting as its representative during formal or ceremonial occasions. The Rajya Sabha’s House Leaders have historically included the following individuals:

Leader of the Opposition (LOP)

The post of Leader of the Opposition in a legislature is very significant to the general public. Its significance stems from the Opposition’s central position in a parliamentary system. The duty of the leader of the opposition is really more challenging since he must critique, point out flaws, and provide alternative ideas or policies without having the authority to put them into action. As a result, he has a specific duty to the country and to Parliament.

There wasn’t a Leader of the Opposition in the true sense of the term in the Rajya Sabha until 1969. Prior to that, it was customary to refer to the leader of the opposition party with the most members as the leader of the opposition without giving him any official recognition, status, or privilege.

The Salary and Allowances of Leaders of the Opposition in Parliament Act of 1977 established the position of Leader of the Opposition as an official position. According to this Act, the Leader of the Opposition in the Rajya Sabha is a member of the Council of States who is currently the leader of the opposition party in that House with the highest numerical strength, as determined by the Chairman of the Council of States.

As a result, the opposition leader must meet three requirements:

• he should be a member of the House
• the Leader in Rajya Sabha of the party in opposition to the Government having the greatest numerical strength and
• be recognized as such by the Chairman, Rajya Sabha.    The following members have been the Leaders of the Opposition in the Rajya Sabha:

Rajya Sabha has contributed positively and successfully to our political system. It has been highly effective at influencing government policies and the legislative process.

In accordance with the Constitution’s directive, Rajya Sabha has in fact cooperated with Lok Sabha. The Rajya Sabha has served as a dignified parliament representing federal principles and has stopped hurried legislation. As a federal chamber, it has sought to preserve the integrity and unity of the country and has boosted public confidence in parliamentary democracy.

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