Understanding the Rajya Sabha: India’s Upper House and Presidential Nominations

The President of India has recently nominated four distinguished individuals to the Rajya Sabha, filling existing vacancies in the Upper House under Article 80 (1)(a) of the Constitution. 

The recent nomination of four distinguished individuals to the Rajya Sabha by the President of India has brought India’s Upper House into the spotlight. These appointments, as outlined in Article 80 of the Constitution, underscore the distinct role that the Rajya Sabha plays in India’s parliamentary democracy. It serves as both a federal chamber and a repository of specialised knowledge.

Rajya Sabha: India’s Council of States

India’s bicameral parliamentary system balances national unity with regional diversity through two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Rajya Sabha serves as the upper house, representing states and some union territories while complementing the directly elected Lok Sabha.  The Union territories of Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu and Chandigarh do not have any representatives in the Rajya Sabha.

The Union Constitution Committee, led by India’s first Prime Minister, advocated for a bicameral legislature. The Rajya Sabha was specifically envisioned to foster national unity by representing the interests of the states. Dr. B.R. Ambedkar emphasised this federal role during constitutional discussions. The names “Rajya Sabha” and “Lok Sabha” were officially adopted in 1954.

The Rajya Sabha serves dual purposes: ensuring governance continuity through its permanent structure and providing an authentic voice for states in national policy-making. This design guards against majoritarianism while integrating diverse regional perspectives into legislation. 

Constitutional Foundation of Rajya Sabha

The Rajya Sabha represents one of the most sophisticated institutional designs in India’s parliamentary democracy. Article 80 outlines the composition of the Council of States, limiting its maximum strength to 250 members (current strength is 245). 

Of these, 238 representatives are elected from states and union territories of Delhi, Jammu and Kashmir and Puducherry. The remaining 12 members are nominated by the President of India, resulting in a unique blend of democratic representation and expert contributions.

The election process for Rajya Sabha members reflects India’s federal character. Representatives from each state and 3 UTs are chosen by elected members of respective legislative assemblies through proportional representation using the single transferable vote system. This indirect election method reinforces the Rajya Sabha’s role as the “voice of the states” in national policy-making.

Role and Functions of Rajya Sabha 

The Rajya Sabha serves as India’s federal chamber acting as a crucial link between regional interests and national governance. This upper house promotes decentralisation by giving states an independent voice in parliamentary discourse.

Special Federal Powers

The Constitution grants the Rajya Sabha unique powers that protect federal interests. Under Article 249, if two-thirds of its members present and vote to declare it necessary for national interest, then the Parliament can legislate on State List matters, normally beyond its jurisdiction. Such resolutions remain valid for one year but can be extended. Plus, Article 312 exclusively empowers the Rajya Sabha to authorise the creation of All India Services common to the Centre and states, again requiring a two-thirds majority.

Revising Chamber Role

As a permanent “revising chamber,” the Rajya Sabha scrutinises Lok Sabha legislation, preventing “hasty and ill-considered legislation.” Its continuity ensures calm deliberation free from electoral pressures, contributing to robust policy outcomes through deeper discussions and diverse opinions.

Legislative and Electoral Powers

Both Lok and Rajya Sabha enjoy equal legislative powers for ordinary bills, requiring mutual approval for enactment. They also participate in the election and removal of the President, Vice President, Judges of the Supreme Court and High Court. However, only the Rajya Sabha can initiate the procedure for removal of the Vice President.

Role of Nominated Members in India’s Rajya Sabha

The Indian Constitution empowers the President to nominate 12 distinguished individuals to the Rajya Sabha, specifically in the following fields:

Fields of Expertise for Nominated Members (Article 80(3))

• Literature: Persons distinguished in literary works, writing, poetry, etc.  
• Science: Persons with notable contributions or experience in scientific research, innovation, or related fields  
• Art: Persons recognised for their excellence and experience in various forms of art, including performing arts, visual arts, etc.  
• Social Service: Individuals who have made significant contributions to public welfare, community development, or social causes 

Unlike elected members who navigate the political battlefield, nominated members offer a different pathway for contributing to national governance. As the first Prime Minister of India envisioned, they represent “the high watermark of literature or art or culture” rather than political allegiances. This mechanism ensures that Parliament benefits from voices that might otherwise remain outside the political sphere.

Nominated members enjoy nearly all the privileges of elected MPs, including participating in debates, introducing bills, and questioning the government. However, they cannot vote in presidential elections, though they can vote for the Vice President. Notably, they’re exempt from declaring assets and liabilities under the Representation of the People Act 1951.

A crucial provision allows nominated members six months to join a political party after taking their seat. Joining after this period results in disqualification.

Contemporary Challenges and Institutional Resilience

The Rajya Sabha faces several contemporary challenges that impact its effectiveness in India’s parliamentary democracy. Declining productivity levels and increasing disruptions, have raised questions about the Upper House’s continued relevance and effectiveness.

A significant concern involves the practice of classifying certain bills as Money Bills, effectively bypassing the Rajya Sabha’s scrutiny. This aspect undermines the bicameral check-and-balance mechanism envisioned by the Constitution, potentially weakening the Upper House’s revisory role.

The allocation of seats based on population, while democratically sound, creates unequal representation among states. Unlike some federal systems that provide equal representation to all states in upper houses, India’s approach can marginalise smaller states’ voices. This can potentially dilute the federal character that the Rajya Sabha is meant to embody.

Strengthening Democratic Institutions

To enhance the Rajya Sabha’s effectiveness and uphold its constitutional mandate, several measures merit consideration. Restoring parliamentary decorum through adherence to rules and constructive dialogue can significantly improve productivity and reduce disruptive behaviour that hampers legislative work.

Establishing clearer guidelines for Money Bill classification could prevent circumvention of the Rajya Sabha’s powers, thereby preserving its crucial revisory role. Strengthening parliamentary committees, where detailed legislative scrutiny occurs, can enhance quality amid main House disruptions.

The nomination process requires continued attention to ensure transparency and strict adherence to merit-based selection. While constitutional provisions aim to bring non-political expertise into parliamentary democracy, maintaining public confidence in the independence and integrity of nominated members remains essential.

Conclusion

The Rajya Sabha remains an indispensable component of India’s parliamentary democracy, vital for maintaining federal balance and providing essential checks on legislative power. Recent presidential nominations under Article 80 demonstrate the continuing relevance of bringing specialised expertise into democratic governance.

The challenges faced by the Upper House reflect broader issues in contemporary democratic institutions. However, the constitutional framework provides robust foundations for addressing these concerns through institutional reform and commitment to democratic norms.

Understanding the Rajya Sabha’s role in India’s parliamentary democracy reveals critical insights about federal governance and institutional design, one of the most important aspects of the Indian constitutional framework.

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