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Rajya Sabha - Council of States

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Introduction

The Rajya Sabha (Council of States) is the upper house of India's bicameral Parliament. It represents the states and union territories of India and serves as a revising chamber with special federal character.

Constitutional Provisions

  • Article 79: Constitution of Parliament (President + Rajya Sabha + Lok Sabha)
  • Article 80: Composition of Rajya Sabha
  • Article 81: Composition of Lok Sabha
  • Article 83: Duration of Houses of Parliament
  • Article 84: Qualification for membership
  • Article 85: Sessions of Parliament, prorogation and dissolution

UPSC Note: Rajya Sabha is a permanent body not subject to dissolution, with 1/3rd members retiring every two years. This ensures continuity in the parliamentary system.

Composition of Rajya Sabha

Aspect Details
Maximum Strength 250 (238 elected + 12 nominated by President)
Current Strength 245 (233 elected + 12 nominated)
Term 6 years (1/3rd retire every 2 years)
Election Indirect election by elected members of State Legislative Assemblies (MLAs) using proportional representation
Representation States represented proportionally to population; UTs represented as per Parliament law
Nominated Members Persons with special knowledge in arts, science, literature or social service (Article 80(3))

Qualifications for Membership (Article 84)

Note: The Fourth Schedule of Constitution deals with allocation of Rajya Sabha seats to states and UTs. Last major change was in 2014 when Andhra Pradesh was bifurcated.

Functions of Rajya Sabha

1. Legislative Functions

2. Federal Functions

3. Executive Functions

4. Special Powers

Powers of Rajya Sabha

Comparison with Lok Sabha

Power Rajya Sabha Lok Sabha
Money Bills Can only recommend changes; must return within 14 days Exclusive power to initiate and decide
Confidence Motion No role Council of Ministers responsible only to Lok Sabha
Financial Matters Limited role Final authority
Special Powers Can authorize Parliament to legislate on State List (Article 249) No such power

Special Powers of Rajya Sabha:

Special Roles of Rajya Sabha

1. Federal Role (Article 249)

Rajya Sabha can pass a resolution (by 2/3rd majority) declaring that it is necessary in national interest that Parliament should make laws on a State List subject. Such resolution remains in force for one year (can be extended).

2. Creating All India Services (Article 312)

Rajya Sabha can pass a resolution (by 2/3rd majority) for creation of new All-India Services common to both Union and States. This led to creation of services like IAS, IPS, IFS.

3. During Emergency

While Lok Sabha can be dissolved during emergency, Rajya Sabha continues to function, ensuring parliamentary oversight even during crises.

Legislative Process in Rajya Sabha

Ordinary Bill Procedure

  1. First Reading: Introduction of bill
  2. Second Reading: Detailed consideration (can be referred to committee)
  3. Third Reading: Final debate and voting
  4. If passed, sent to Lok Sabha
  5. If amended/rejected by Lok Sabha, possibility of joint sitting (Article 108)
  6. President's Assent after both Houses approve

Constitutional Amendment Bill (Article 368)

  1. Must be passed by both Houses separately (no joint sitting)
  2. Requires special majority (2/3rd of members present and voting + majority of total membership)
  3. Some amendments also require ratification by half of state legislatures

UPSC Note: Rajya Sabha cannot be bypassed in constitutional amendments (unlike ordinary bills where joint sitting is possible). This gives it significant power in constitutional matters.

Unique Features of Rajya Sabha

Permanent Body

Rajya Sabha is not subject to dissolution - 1/3rd members retire every two years. This ensures:

  • Continuity in parliamentary work
  • Institutional memory
  • Stability during Lok Sabha dissolution

Nominated Members

President nominates 12 members with special knowledge in:

  • Literature, science, arts
  • Social service
  • Notable nominees include R.K. Narayan, Mrinal Sen, Sachin Tendulkar, Rekha

Representation of States

Rajya Sabha represents states in the Union legislature:

  • Elected by state MLAs (not direct election)
  • Seats allocated based on population
  • Ensures federal character in Union legislature

Landmark Cases:

  • Kesavananda Bharati Case (1973): Established basic structure doctrine - Rajya Sabha's role in constitutional amendments crucial
  • S.R. Bommai v. Union of India (1994): Reinforced federal principles that Rajya Sabha represents
  • Raja Ram Pal Case (2007): Judicial review applies to Rajya Sabha proceedings if constitutional provisions violated

Recent Developments