Comprehensive Study Guide on the Union Legislature: Composition, Powers, and Functions of the Rajya Sabha and Rajya Sabha and Parliament (copy)

The Rajya Sabha: Composition and Representation

• Definition and Status: The Upper House or the Council of States is known as the 'Rajya Sabha'. It represents the federation of States of the Indian Union and is considered a permanent body that cannot be dissolved.

• Maximum Strength: The maximum strength of the Rajya Sabha can be $250$ members.

• Categories of Membership: The members are divided into two distinct categories:

  • Elected Members: There are $238$ members elected by the States and Union Territories within the Union.

  • Nominated Members: There are $12$ members nominated by the President of India.

• Allocation of Seats: Seats are not allocated equally among States, as this is viewed as undemocratic; instead, they are allocated on the basis of population. Examples include:

  • Uttar Pradesh: Represented by $31$ members.

  • Punjab: Represented by $7$ members.

  • Goa, Manipur, Meghalaya, and Mizoram: Represented by $1$ member each.

  • Union Territory of Delhi: Sends $3$ members.

  • Puducherry: Sends $1$ member.

  • Jammu and Kashmir: Sends $4$ members.

• The Principle of Nomination: The aim of nomination is to include distinguished persons in the Upper Chamber. The President selects persons with special knowledge or practical experience in:

  • Literature

  • Science

  • Art

  • Social Service

• Eminent Nominated Members of the Past:

  • Raja Rarmanna: Nuclear scientist.

  • Mrinal Sen: Film producer.

  • Hema Malini: Actress.

  • Kartar Singh Duggal: Writer.

  • Nirmal Deshpande: Social worker.

Qualifications and Disqualifications for Membership

• Qualifications for the Rajya Sabha:

  • He/She must be a citizen of India.

  • The minimum age for contesting election for the Rajya Sabha is $30\,years$.

  • The candidate must have their name registered in the electoral rolls in some part of the country.

  • He/She must not be an insolvent (meaning they are not in debt and have the ability to meet financial commitments).

  • He/She should not hold any office of profit under the government.

  • He/She should not be a proclaimed criminal.

  • He/She should not be of unsound mind.

• Disqualification of Membership: The conditions for disqualification are the same as those for the membership of the Lok Sabha.

Election and Tenure of the Rajya Sabha

• Election Process: The representatives of each State in the Rajya Sabha are elected indirectly. They are chosen by the elected members of the Legislative Assembly of each State.

• System of Election: The election is conducted in accordance with the system of proportional representation by means of a single transferable vote.

• Union Territory Representatives: These are chosen in a manner prescribed by Parliament. For Delhi, the three representatives are elected by the members of its Legislative Assembly.

• Permanent Nature of the House: The Rajya Sabha is a permanent House and cannot be dissolved like the Lok Sabha.

• Term of Membership: Each member is elected for a period of $6\,years$.

• Rotation of Members: One-third ($1/3$) of the total members of the House retire after every $2\,years$.

• Re-election: Members are eligible for re-election if they desire and if their electors support them.

Presiding Officers: The Chairman and Deputy Chairman

• The Chairman: The Vice-President of India serves as the ex-officio Chairman of the Rajya Sabha.

  • The Chairman presides over meetings.

  • The Chairman cannot vote on initial issues discussed in the House because he/she is not a member of the Rajya Sabha.

  • Casting Vote: In the event of a tie, the Chairman exercises a casting vote to break the deadlock.

• The Deputy Chairman: The Rajya Sabha elects a Deputy Chairman from among its own members.

  • The Deputy Chairman performs all functions and duties of the Chairman in his/her absence.

Legislative Powers of the Union Parliament

• Bicameral Cooperation: The Lok Sabha and Rajya Sabha are co-partners in government functioning rather than competing centers of power. They enjoy equal status except in financial matters and executive responsibility.

• Bill Origination: All Bills, except Money Bills, can originate in either House. A Bill cannot become law unless passed by both Houses.

• Joint Sittings: If a disagreement occurs between the two Houses, the President may summon a joint meeting. Decisions are made by a majority of members of both Houses present and voting.

• Legislative Competence:

  • Union List: Parliament has exclusive powers to legislate on subjects like Defence, Banking, Communications, and Foreign Affairs.

  • Concurrent List: Parliament and State Legislative Assemblies both make laws on subjects like education, forests, adoption, succession, and trade unions. In case of conflict, the Union Law prevails.

  • Residuary Powers: Parliament can make laws on any matter not mentioned in the Union, State, or Concurrent Lists.

  • Matters in the State List: Parliament can legislate on State subjects under specific conditions:

    • During a Proclamation of Emergency.

    • When the Rajya Sabha passes a resolution with a $2/3^{rd}$ majority declaring a subject to be of national importance.

    • When two or more States request Parliament to legislate on a specific subject (applicable only to consenting States).

• Ordinances: The President can promulgated an Ordinance when Parliament is not in session. It carries the same weight as an Act but must be approved by both Houses within $6\,weeks$ of re-assembly or it ceases to operate.

• Powers during Emergency: During a breakdown of Constitutional machinery in a State, Parliament assumes the powers of the State legislature, including the passing of the State budget.

Financial Powers and Functions of the Union Parliament

• Money Bills: These can only originate in the Lok Sabha. After passage, they are sent to the Rajya Sabha, which has only an advisory role and must return the bill with recommendations within $14\,days$.

• The Union Budget: Parliament passes the annual budget containing estimates of receipts and government expenditure. Since $2017-18$, the Railway Budget has been integrated with the Union Budget.

• Supplementary Grants: If the authorized amount for a financial year is insufficient, the Government makes a fresh demand known as a 'Supplementary Grant'.

• Vote on Account: If the Budget is not passed before April 1, this device authorizes the Executive to draw funds from the Consolidated Fund until the Budget's final passage.

• Salaries and Taxes: Parliament determines the salaries and allowances of MPs and Ministers. No tax can be imposed or money spent by the government without Parliamentary approval.

Judicial Powers of the Parliament

• Impeachment of the President: Parliament can remove the President for violating the Constitution or grave misconduct. One House frames the charges, and the other house investigates. Removal requires a resolution passed by a $2/3^{rd}$ majority of total membership.

• Removal of Officials: Parliament can remove Judges of the Supreme Court and High Courts, the Chief Election Commissioner, and the Comptroller and Auditor General of India for violating Constitutional provisions.

• Punishment Powers: Parliament can punish individuals for obstructing its work or showing disrespect to the House.

  • Historical Example: In $1951$, Parliament reprimanded the Editor of the 'Blitz' for ridiculing a Member of Parliament.

Electoral Functions and Constitutional Amendments

• Electoral Duties:

  • The Parliament, alongside State Legislatures, elects the President of India.

  • The Vice-President is elected by both Houses of Parliament.

  • The Lok Sabha elects its Speaker and Deputy Speaker.

  • The Rajya Sabha elects its Deputy Chairman.

• Amendment of the Constitution: Both Houses can amend the Constitution. The amendment must be passed by each House by a majority of total membership and a $2/3^{rd}$ majority of members present and voting. Some amendments also require ratification by half of the State Legislative Assemblies.

Control Over the Executive and Other Powers

• Executive Accountability: The Council of Ministers is collectively responsible to the Lok Sabha and remains in office only as long as they enjoy the confidence of the majority.

• Methods of Control: Parliament uses devices such as Interpellation (Question Hour), Calling Attention Notices, and Half-an-Hour Discussions to seek information and supervise the Executive.

• Other Powers and Jurisdictions:

  • Parliament can alter the boundaries of existing States or form new ones from territories.

  • It makes laws regarding the jurisdiction and powers of the Supreme Court.

  • It may establish a common High Court for two or more States.

Exclusive Powers of the Lok Sabha and Rajya Sabha

• Exclusive Powers of the Lok Sabha:

  • Motions of No-Confidence: Can only be introduced and passed in the Lok Sabha. If passed, the Prime Minister and Council of Ministers must resign.

  • Money Bills: Can only be introduced in the Lok Sabha.

  • Deadlock Superiority: In case of a deadlock over an ordinary Bill, the Lok Sabha's will normally prevails because its strength is more than double that of the Rajya Sabha.

• Exclusive Powers of the Rajya Sabha:

  • Article 249: The Rajya Sabha can empower Parliament to make laws on a State List subject through a resolution passed by a $2/3^{rd}$ majority.

  • All-India Services: It can declare that the creation of new All-India Services is in the national interest.

  • De Facto Parliament: If the Lok Sabha is dissolved during a National Emergency, the Rajya Sabha acts as the sole Parliament (de facto and de jure) as it cannot be dissolved.

Questions & Discussion

• What is the composition of the Rajya Sabha? The maximum strength is $250$ members ($238$ elected and $12$ nominated).

• What are the Qualifications for Membership? Indian citizenship, minimum age of $30\,years$, name on electoral rolls, not insolvent, no office of profit, not a criminal, and sound mind.

• How are the members elected? Representatives of each State are elected indirectly by elected members of the State Legislative Assembly via proportional representation (single transferable vote).

• In which subjects do both the Lok Sabha and Rajya Sabha enjoy equal power? Impeachment of the President, removal of the Vice-President, Constitutional amendments, removal of Supreme Court/High Court Judges, and approval of Presidential Ordinances or Emergency Proclamations.

• When can the President be impeached? In cases of violation of the Constitution or grave misconduct.

• Can existing State boundaries be altered? Yes, the Union Parliament has the power to alter the boundaries of existing States or form new States from territories.