Rajya Sabha

22/07/2024

338 3 minutes read

Rajya Sabha i.e., the Upper House (Second Chamber or House of Elders) is likewise known as the Council of States.
Under the Constitution, the Parliament of India includes the President and homes i.e., the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
Even though the President does not take a seat in Parliament, he’s a part of the Legislature as a bill cannot become a law without the President’s assent.

The fourth schedule of the Constitution deals with the allocation of seats inside the Rajya Sabha to the states and Union Territories.
The maximum strength of the Council of States shall now not be more than 250 members.
Out of all 238 are representatives of the State and Union Territories elected by the method of indirect election and 12 are nominated by the President (Article 80).
At present, Rajya Sabha has 245 members. Out of that, 229 individuals constitute the States, 4 members constitute the Union Territories, and 12 are nominated by the President.

The representatives of every state within the Rajya Sabha are elected by the elected members of the legislative meeting of the States. The election is held in accordance with the system of proportional illustration by a single transferable vote.
The seat allocation in Rajya Sabha is on the premise of population, subsequently, the wide variety of representatives varies from state to state.

The representation of the Union Territories shall be chosen in such a manner as Parliament can also prescribe [Article 80(5)]. Under this energy, Parliament has prescribed that the representative of every Union Territory within the Rajya Sabha is circuitously elected by the members of the electoral college in particular constituted for this purpose.
This election is also held in accordance with the machine of Proportional Representation through a Single Transferable Vote.
Out of 8 Union Territories, simplest Delhi, Puducherry, and Jammu & Kashmir have representation in Rajya Sabha.

The representatives of the States and of the Union Territories within the Rajya Sabha are elected by the approach of indirect election.
The representatives of each State and two Union territories are elected by means of the elected members of the Legislative Assembly of that State and by the individuals of the Electoral College for that Union Territory, as the case can be, according to the system of proportional illustration by way of the single transferable vote.

The Council of States which was first constituted in 1952, is not subject to dissolution. It is a permanent body but 1-3rd of its members retire on the expiration of each 2nd year, in accordance with the provisions made by the Parliament on this behalf.
The order of retirement of members of the Rajya Sabha is ruled by the Council of States (Terms of Office of Members) Order, 1952, made by the President according to the power conferred upon him by the Representation of the People Act, 1951.
So, in line with the Representation of People Act, 1951, the term of office of a member of the Rajya Sabha shall be six years.

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha and shall be characteristic as the Presiding officer of the House as long as he does not officiate as the President of India at some stage in a vacancy in that office.
When the Chairman acts because the President of India, the Office of Chairman of the Council of States falls vacant and the obligations of the office of Chairman shall be accomplished by the Deputy Chairman.

Article 249: Rajya Sabha can authorize the Parliament to make a regulation on a topic enumerated in the State List.
Article 312: Rajya Sabha can authorize the Parliament to create new All-India Services not unusual to both the Centre and states.
Article 67: Rajya Sabha by itself can provoke a flow for the removal of the vice-president. In other phrases, a resolution for the removal of the VP may be delivered only inside the Rajya Sabha and not inside the Lok Sabha.
Articles 352, 356, and 360: If a proclamation is issued by the President for a countrywide emergency or president’s rule or financial emergency at a time whilst the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes region within the length allowed for its approval, then the proclamation can continue to be powerful even if it’s miles authorized through the Rajya Sabha on my own.