Rajya Sabha Explained

Rajya Sabha
Coa Pic:Rajyasabha.svg
Coa Res:300px
House Type:Upper house
Body:Parliament of India
Term Limits:6 years
Leader1 Type:President
Leader1:Droupadi Murmu
Election1:25 July 2022
Leader2 Type:Chairman
Leader2:Jagdeep Dhankhar
Election2:11 August 2022
Leader3 Type:Deputy Chairman
Leader3:Harivansh Narayan Singh
Party3:JD(U)
Election3:9 August 2018
Leader4 Type:Prime Minister
Leader4:Narendra Modi
Party4:BJP
Election4:26 May 2014
Leader5 Type:Minister of Parliamentary Affairs
Leader5:Kiren Rijiju
Party5:BJP
Election5:10 June 2024
Leader6 Type:Leader of the House
Leader6:Jagat Prakash Nadda
Party6:BJP
Election6:24 June 2024
Leader8 Type:Leader of the Opposition
Leader8:Mallikarjun Kharge
Party8:INC
Election8:16 February 2021
Leader9 Type:Deputy leader of the Opposition
Leader9:Pramod Tiwari
Party9:INC
Election9:13 March 2023
Leader10 Type:Secretary General
Leader10:Pramod Chandra Mody
Election10:12 November 2021
Seats:245 (233 Elected + 12 Nominated)
Structure1:India Rajya Sabha 2024.svg
Structure1 Res:300px
Structure1 Alt:Rajya Sabha
Political Groups1:Government (110)

Official Opposition (87)

Other opposition (28)

Vacant (20)

Voting System1:238 members by single transferable vote by state legislatures,
12 appointed by the President
Last Election1:2024
Next Election1:2025
Session Room:File:New Rajya Sabha chamber in the New Parliament building.jpg
Session Res:300px
Meeting Place:Rajya Sabha Chamber, Sansad Bhavan,
118, Rafi Marg, New Delhi, Delhi, India - 110001
Constitution:Constitution of India
Rules:The Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) (English)
Background Color:
  1. B22222

The Rajya Sabha (lit: "States' Assembly"), also known as the Council of States, is the upper house of the bicameral Parliament of India., it has a maximum membership of 250, of which 238 are elected by the legislatures of the states and union territories using single transferable votes through open ballots, while the president can appoint 12 members for their contributions to art, literature, science, and social service.[1] The total allowed capacity is 250 (238 elected, 12 appointed) according to article 80 of the Indian Constitution.[2] The current potential seating capacity of the Rajya Sabha is 245 (233 elected, 12 appointed), after the Jammu and Kashmir (Reorganisation) Act. The maximum seats of 250 members can be filled up at the discretion and requirements of the house of Rajya Sabha.

Members sit for staggered terms lasting six years, with about a third of the 238 designates up for election every two years, in even-numbered years.[3] Unlike the Lok Sabha, the Rajya Sabha is a continuing chamber and hence not subject to dissolution. However, the Rajya Sabha, like the Lok Sabha, can be prorogued by the president.

The Rajya Sabha has equal footing in legislation with the Lok Sabha, except in the area of supply, where the latter has overriding powers. In the case of conflicting legislation, a joint sitting of the two houses can be held, where the Lok Sabha would hold a greater influence because of its larger membership. The vice president of India (currently, Jagdeep Dhankhar) is the ex-officio chairman of the Rajya Sabha, who presides over its sessions. The deputy chairman, who is elected from amongst the house's 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.[4]

The Rajya Sabha meets in the eponymous chamber in Parliament House in New Delhi. Since 18 July 2018, the Rajya Sabha has the facility for simultaneous interpretation in all the 22 scheduled languages of India.[5] The Rajya Sabha proceedings are televised live on channel Sansad TV, headquartered within the premises of Parliament.[6]

Qualifications

Article 84 of the Constitution lays down the qualifications for membership of Parliament. A member of the Rajya Sabha must:[7] [8]

In addition, twelve members are nominated by the president of India having special knowledge in various areas like arts and science. However, they are not entitled to vote in presidential elections as per Article 55 of the Constitution.

Limitations

The Constitution of India places some restrictions on the Rajya Sabha, and the Lok Sabha (the lower house, House of the People) is more powerful in certain areas.

Money bills

The definition of a money bill is given in Article 110 of the Constitution of India. A money bill can be introduced only in the Lok Sabha by a minister and only on the recommendation of the president of India. When the Lok Sabha passes a money bill then the Lok Sabha sends the money bill to the Rajya Sabha for 14 days during which it can make recommendations. Even if the Rajya Sabha fails to return the money bill in 14 days to the Lok Sabha, that bill is deemed to have passed by both houses. Also, if the Lok Sabha rejects any (or all) of the amendments proposed by the Rajya Sabha, the bill is deemed to have been passed by both houses of Parliament in the form the Lok Sabha finally passes it. Hence, the Rajya Sabha can only give recommendations for a money bill, but the Rajya Sabha cannot amend a money bill. This is to ensure that the Rajya Sabha must not add any non-money matters to the money bill. There is no joint sitting of both the houses for money bills, because all final decisions are taken by the Lok Sabha.[10] [11]

Joint Sitting of the Parliament

Article 108 provides for a joint sitting of the two houses of Parliament in certain cases. A joint sitting can be convened by the president of India when one house has either rejected a bill passed by the other house, has not taken any action on a bill transmitted to it by the other house for six months, or has disagreed with the amendments proposed by the Lok Sabha on a bill passed by it. Considering that the numerical strength of the Lok Sabha is more than twice that of the Rajya Sabha, the Lok Sabha tends to have a greater influence in a joint sitting of Parliament. A joint session is chaired by the speaker of the Lok Sabha. Also, because the joint session is convened by the president on the advice of the government, which already has a majority in the Lok Sabha, the joint session is usually convened to get bills passed through a Rajya Sabha in which the government has a minority.[12]

Joint sessions of Parliament are a rarity, and have been convened three times in the last 71 years, for passage of a specific legislative act, the latest time being in 2002:

No-confidence motion

Unlike the Lok Sabha, members of the Rajya Sabha cannot bring to the house a no-confidence motion against the government.

Powers

In the Indian quasi-federal structure, the Rajya Sabha is representative of the States and Union territories in the union legislature (hence the name, Council of States). For this reason, the Rajya Sabha has powers that protect the rights of States against the Union government.

Union-State relations

The Constitution empowers the Parliament of India to make laws on the matters reserved for States. However, this can only be done if the Rajya Sabha first passes a resolution by a two-third majority granting such a power to the Union Parliament. The Union government cannot make a law on a matter reserved for States without any authorisation from the Rajya Sabha.

The Union government reserves the power to make laws directly affecting the citizens across all the States whereas, a single state in itself reserves the power to make rules and governing laws of their region. The Rajya Sabha plays a vital role in protecting the States' culture and interests.

Creation of All-India services

The Rajya Sabha, by a two-thirds supermajority, can pass a resolution empowering the Indian government to create more all-India services common to both the union and the states.

Membership by party

Members of the Rajya Sabha by their political party :

AlliancePartyMPsFloor leader
NDA
Seats: 110
87Jagat Prakash Nadda
4Sanjay Kumar Jha
2Praful Patel
1H. D. Deve Gowda
1Milind Deora
1Jayant Chaudhary
1
1B.P Baishya
1G. K. Vasan
1W. Kharlukhi
1Ramdas Athawale
1Rwngwra Narzary
2
6None
I.N.D.I.A
Seats: 87
26M. Kharge
13Derek O'Brien
10Sanjay Singh
10Tiruchi Siva
5P.C. Gupta
4Elamaram Kareem
4Ram Gopal Yadav
3Shibu Soren
2Sharad Pawar
2Sanjay Raut
2Binoy Viswam
2P.V. Abdul Wahab
1Vaiko
1Ajit Kumar Bhuyan
1Jose K. Mani
1Kapil Sibal
Unalligned
Seats: 28
11V.Vijayasai Reddy
8Sasmit Patra
4K. R. Suresh Reddy
3
1Ramji Gautam
1
Vacant20
Total245

Composition

See main article: List of current members of the Rajya Sabha. Seats are allotted in proportion to the population of each state or union territory. Certain states may even have more representatives than states more populous than them, because in past they too had high population. For example, Tamil Nadu has 18 representatives for 72 million inhabitants (in 2011) whereas Bihar (104 million) and West Bengal (91 million) only have 16. As the members are elected by the state legislature, some small union territories, those without legislatures, cannot have representation. Hence, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep do not send any representatives. Twelve members are nominated by the president.[13] [14]

As per the Fourth Schedule to the Constitution of India on 26 January 1950, the Rajya Sabha was to consist of 216 members, of which 12 members were to be nominated by the president and the remaining 204 elected to represent the states. The present sanctioned strength of the Rajya Sabha in the Constitution of India is 250, which can be increased by constitutional amendment. However, the present strength is 245 members according to the Representation of People Act, 1951, which can be increased up to 250 by amending the act itself, of whom 233 are representatives of the states and union territories and 12 are nominated by the president. The 12 nominated members of the Rajya Sabha are persons who are eminent in particular fields and are well-known contributors in the particular field.

Number of members by state/union territory

State/ UTSeats for that StateLargest PartyNDAI.N.D.I.A.OthersVacElection Cycle
Andhra Pradesh[15] 11YSRCP111126 (4)28 (4)
Arunachal Pradesh1BJP1BJP126 (1)
Assam7BJP44125 (2)26 (3)28 (2)
1
1
Bihar16RJD64124 (4)26 (4)28 (4)
5
Chhattisgarh5INC41424 (1)26 (2)28 (2)
Delhi3AAP3330 (3)
Goa1BJP1129 (1)
Gujarat11BJP88324 (4)26 (4)29 (3)
Haryana5BJP31124 (1)26 (2)28 (2)
Himachal Pradesh3BJP3324 (1)26 (1)28 (1)
Jammu and Kashmir44
Jharkhand6BJP33224 (2)26 (2)28 (2)
Karnataka12BJP66524 (4)26 (4)28 (4)
1
Kerala9CPIM3124 (3)27 (3)28 (3)
3
2
2
1
Madhya Pradesh11BJP88324 (5)26 (3)28 (3)
Maharashtra19BJP88324 (6)26 (7)28 (6)
13
13
Manipur1BJP1126 (1)
Meghalaya1NPEP1126 (1)
Mizoram1MNF1126 (1)
Nagaland1BJP1128 (1)
Odisha10BJD819 24 (3)26 (4)28 (3)
Puducherry1BJP1127 (1)
Punjab7AAP7728 (7)
Rajasthan10INC64624 (3)26 (3)28 (4)
Sikkim1BJP1130 (1)
Tamil Nadu18DMK101103 25 (6)26 (6)28 (6)
1 1 1
1
Telangana7BRS7724 (3)26 (2)28 (2)
Tripura1BJP1128 (1)
Uttar Pradesh31BJP25253124 (10)26 (10)28 (11)
1
1
Uttarakhand3BJP3324 (1)26 (1)28 (1)
West Bengal16TMC132024 (5)26 (5)29 (6)
13
1
Presidential nominees1055224(4)26(1)28(5)
Total245 9511692624 (69)25 (08)26 (73)27 (04)28 (75)29 (10)
33
11692336

Officers

Leader of the House

See main article: Leader of the House in Rajya Sabha.

Besides the chairman (vice-president of India) and the deputy chairman, there is also a position called leader of the House. This is a cabinet minister – the prime minister if they are a member of the House or another nominated minister. The leader has a seat next to the chairman, in the front row.

Leader of the Opposition

See main article: Leader of the Opposition in Rajya Sabha.

Besides the leader of the House, who is the government's chief representative in the House, there is also a leader of the opposition (LOP) – leading the opposition parties. The function was only recognized in the Salary and Allowances of Leaders of the Opposition in Parliament Act, 1977. This is commonly the leader of the largest non-government party and is recognized as such by the chairman.

Secretariat

The Secretariat of the Rajya Sabha was set up under the provisions contained in Article 98 of the Constitution. The said Article, which provides for a separate secretarial staff for each house of Parliament, reads as follows:- 98. Secretariat of Parliament – Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament. (2) Parliament may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of either House of Parliament.[16]

The Rajya Sabha Secretariat functions under the overall guidance and control of the chairman. The main activities of the Secretariat inter alia include the following:

(i) providing secretarial assistance and support to the effective functioning of the Council of States (Rajya Sabha); (ii) providing amenities as admissible to Members of Rajya Sabha; (iii) servicing the various Parliamentary Committees;(iv) preparing research and reference material and bringing out various publications;(v) recruitment of manpower in the Sabha Secretariat and attending to personnel matters; and(vi) preparing and publishing a record of the day-to-day proceedings of the Rajya Sabha and bringing out such other publications, as may be required concerning the functioning of the Rajya Sabha and its Committees.

In the discharge of their constitutional and statutory responsibilities, the chairman of the Rajya Sabha is assisted by the secretary-general, who holds the rank equivalent to the cabinet secretary to the government of India. The secretary-general, in turn, is assisted by senior functionaries at the level of secretary, additional secretary, joint secretary and other officers and staff of the secretariat. The present secretary-general is Pramod Chandra Mody.[17] [18] In the winter 2019 session, uniforms of Rajya Sabha marshals were restyled from traditional Indian attire comprising turbans to dark navy blue and olive green military-style outfits with caps.[19] [20]

Media

See main article: Sansad TV. Sansad TV (STV) is a 24-hour parliamentary television channel owned and operated jointly by both houses of Indian Parliament. The channel aims to provide in-depth coverage and analysis of parliamentary affairs, especially its functioning and policy development. During sessions, Sansad TV provides live coverage and presents an analysis of the proceedings of the house as well as other day-to-day parliamentary events and developments.

Earlier both houses of parliament had their own channels named Rajya Sabha TV and Lok Sabha TV Respectively.[21]

See also

Further reading

Notes and References

  1. Web site: Centre . National Informatics . Digital Sansad . 2024-01-09 . Digital Sansad . en.
  2. Web site: Rajya Sabha Introduction. 2020-08-03. rajyasabha.gov.in. 15 August 2020. https://web.archive.org/web/20200815105314/https://rajyasabha.gov.in/rsnew/about_parliament/rajya_sabha_introduction.asp. live.
  3. Web site: Deshmukh. Yashwant. Crucial polls today: A guide to calculus of Rajya Sabha for dummies. Firstpost. 11 June 2016. 20 June 2016. live. https://web.archive.org/web/20160619100417/http://www.firstpost.com/politics/the-calculus-of-rajya-sabha-elections-for-dummies-a-brief-guide-2822478.html. 19 June 2016. dmy-all.
  4. Web site: OUR PARLIAMENT. Indian Parliament. 11 May 2011. dead. https://web.archive.org/web/20110517025653/http://www.parliamentofindia.nic.in/ls/intro/p1.html. 17 May 2011. dmy-all.
  5. News: Rajya Sabha MPs can now speak in 22 Indian languages in House. The Times of India. 18 July 2018 . 18 July 2018. https://web.archive.org/web/20181008234905/https://timesofindia.indiatimes.com/india/rajya-sabha-mps-can-now-speak-in-22-indian-languages-in-house/articleshow/65036650.cms. 8 October 2018. live.
  6. Web site: SansadTV Live. SansadTV. 24 June 2023. 24 June 2023. https://web.archive.org/web/20230624134859/https://sansadtv.nic.in/. live.
  7. Web site: Council of States (Rajya Sabha) – rajyasabha.in. live. https://web.archive.org/web/20120618020042/http://rajyasabha.nic.in/rsnew/council_state/council_state.asp. 18 June 2012. dmy-all.
  8. Web site: Sinha . Yashita . What is the eligibility criteria for an MP?- Know about their responsibilities and disqualification grounds . Jagran Josh . . 27 November 2023 . https://web.archive.org/web/20231127050408/https://www.jagranjosh.com/general-knowledge/what-is-the-eligibility-criteria-for-an-mp-1679813559-1 . 27 November 2023 . en . 26 March 2023.
  9. Web site: Handbook for Returning Officers – for Elections to the Council of States and State Legislative Councils. Election Commission of India. 2 August 2017. 400–426. 1992. live. https://web.archive.org/web/20170110142301/http://eci.nic.in/eci_main/ElectoralLaws/HandBooks/Handbook_For_Returning_Officers%28Council_Elections%29.pdf. 10 January 2017. dmy-all.
  10. Web site: Website of the Rajya Sabha – Legislation. 2 November 2017. https://web.archive.org/web/20171019215856/http://rajyasabha.nic.in/rsnew/legislation/introduction.asp. 19 October 2017. live.
  11. Web site: Khan . Khadija . Money Bills vs Finance Bills: What are the differences, what the court has ruled . subscription . . 27 November 2023 . https://web.archive.org/web/20231127051923/https://indianexpress.com/article/explained/explained-politics/money-bills-vs-financial-bills-what-are-the-differences-what-the-court-has-ruled-8875134/ . 27 November 2023 . en . 4 August 2023 . live.
  12. Web site: SUMMONING AND PROROGATION OF BOTH HOUSES OF PARLIAMENT AND DISSOLUTION OF LOK SABHA . . 27 November 2023.
  13. Web site: Frequently asked questions about Rajya Sabha. Indian Parliament. 8 December 2012. dead. https://web.archive.org/web/20161211181620/http://rajyasabha.nic.in/rsnew/faq/freaq1.asp#six. 11 December 2016. dmy-all.
  14. Web site: Composition of Rajya Sabha – Rajya Sabha At Work. rajyasabha.nic.in. Rajya Sabha Secretariat, New Delhi. 20 October 2015. dead. https://web.archive.org/web/20160305020442/http://rajyasabha.nic.in/rsnew/rsat_work/chapter-2.pdf. 5 March 2016. dmy-all.
  15. News: Rajya Sabha members allotted to Telangana, Andhra Pradesh. 21 October 2015. The Economic Times. 30 May 2014. live. https://web.archive.org/web/20140209173947/http://rstv.nic.in/rstv/aboutus.asp. 9 February 2014. dmy-all.
  16. Web site: Secretariat Introduction . Digital Sansad . 3 October 2023 . 9 October 2023 . https://web.archive.org/web/20231009104841/https://sansad.in/uploads/secretariat_Introduction_ENGLISH_Introduction_59592be6a7.pdf?updated_at=2022-09-28T09:00:00.351Z . live .
  17. Web site: Secretary-General, Rajya Sabha. 18 May 2018. https://web.archive.org/web/20180811163311/http://164.100.47.5/newsite/rssorgchart/sg.aspx. 11 August 2018. live.
  18. News: 2021-11-12 . Ex-CBDT chief P.C. Mody made Rajya Sabha Secretary General . en-IN . The Hindu . 2022-03-07 . 0971-751X . 6 March 2022 . https://web.archive.org/web/20220306112233/https://www.thehindu.com/news/national/former-cbdt-chairman-p-c-mody-appointed-as-new-secretary-general-of-rajya-sabha/article37451546.ece . live .
  19. Web site: Curb rampant copying of military uniform. Harwant Singh (retd). Lt Gen. The Tribune. en. 2019-12-26. https://web.archive.org/web/20191226213523/https://www.tribuneindia.com/news/archive/curb-rampant-copying-of-military-uniform-867021. 26 December 2019. live.
  20. Web site: Naidu orders review of new military-style uniform of marshals. Service. Tribune News. The Tribune. en. 2019-12-26. https://web.archive.org/web/20191226213527/https://www.tribuneindia.com/news/archive/naidu-orders-review-of-new-military-style-uniform-of-marshals-863078. 26 December 2019. live.
  21. Web site: About Rajya Sabha TV. Rajya Sabha. 19 May 2014. dead. https://web.archive.org/web/20140209173947/http://rstv.nic.in/rstv/aboutus.asp. 9 February 2014. dmy-all.