Rajya Sabha – Composition, Qualification, Duration etc.

The Parliament – Rajya Sabha

• (Article 79 to 122 of Part V)
• Parliament is the legislative organ of the Union Government.
• Since, India has a Parliamentary system, hence Parliament occupies the central Position.

Organisation of Parliament

• In the Constitution, the Parliament of India consist of three parts –
  • 1. The President
    2. House of States or Upper House or Rajya Sabha – represents States and Union territories
    3. House of Commons or Lower House or Lok Sabha – represents People of India as a whole
• Though President is not a member of a Parliament but after that also he is integral part of the Parliament because all the bills passed by the Parliament need assent of the President to become law.
• He also perform certain proceedings such as Summons or prorogue the sessions, dissolving of Lok Sabha etc. of the Parliament.
• The Parliamentary form of Government emphasises on the interdependence between legislative and executive organ due to which President is integral part of Parliament.

Rajya Sabha

• Also known as Upper House or House of States.

Composition of Rajya Sabha

• Maximum Strength – 250 (fixed)
• Out of 250 seats, 238 are to be represented by States and Union Territories (elected indirectly) and 12 are nominated by the President.
• At present, Rajya Sabha has 245 members, out of which 229 members represent States, 4 members represent the Union Territories and 12 members are nominated by the President.

Representation of States

• • • Representative of States are elected by the elected members of State Legislative assemblies.
    • Seats are allotted to States on the basis of Population of the State.
    • Election are held with the system of Proportional Representation by means of single transferable vote.

Representation of Union Territories

• • • The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.
    • Election are held with the system of Proportional Representation by means of single transferable vote.
    • Only two Union Territories, Delhi and Puducherry have representation in Rajya Sabha.

Nominated Members

• • • The President can nominate 12 members to Rajya Sabha.
    • The people nominated have special or practical knowledge or experience in art, literature, science and social service.

Duration and Term of Rajya Sabha

• Rajya Sabha is a continuing Chamber, i.e., it is a permanent body and not subjected to dissolution.
• 1/3rd of its members retire every second year which are filled by fresh elections and nomination at the beginning of every third year.
• Retiring members are eligible for re-election and re nomination for any no. of times.
• Constitution has not fixed the term of office for Rajya Sabha.
• Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be 6 years.

Qualification For member of Rajya Sabha

• The Constitution lays the following qualification for a person to be a member of Rajya Sabha –
  1. 1. He must be a Citizen of India.
     2. He must not be less than 30 years of age.
     3. He must possess other qualification prescribed by Parliament
     4. He must make and subscribe to an oath or affirmation before the person authorised by the election commission for this purpose. In his oath or affirmation, he swears –
        • • • To bear true faith and allegiance to the Constitution of India
            • To uphold the sovereignty and integrity of India
• The Parliament has added additional qualification in the Representation of People Act (1951) –
  • 1. He must be registered as an elector for a parliamentary constituency.
    2. He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them. However, People of SC & St category can also contest from unreserved seat.

Oath or Affirmation for Members of Rajya Sabha

• Oath or affirmation is taken by the elected person before the President or some person appointed by him for this purpose.
• In his oath or affirmation, a Member of Parliament swears –
  1. 1. To bear true faith and allegiance to the Constitution of India.
     2. To uphold the sovereignty and integrity of India.
     3. To faithfully discharge the duty upon which he is about to enter.
• Unless a member takes the oath, he cannot vote and participate in the proceedings of the House and does not become eligible to parliamentary privileges and immunities.

Disqualifications from the Rajya Sabha

• A person is Disqualified from the membership of Rajya Sabha if –
  • 1. If he holds any office of profit under the Union or state government.
    2. If he is of unsound mind and stands so declared by a court.
    3. If he is an undischarged insolvent.
    4. If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state.
    5. If he is so disqualified under any law made by Parliament.
• The Parliament in Representation of People Act (1951) added following additional disqualifications measures –
  • • He must not have been found guilty of certain election offences or corrupt practices in the elections.
    • He must not have been convicted for any offence resulting in imprisonment for two or more years.
    • He must not have failed to lodge an account of his election expenses within the time.
    • He must not have any interest in government contracts, works or services.
    • He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
    • He must not have been dismissed from government service for corruption or disloyalty to the State.
    • He must not have been convicted for promoting enmity between different groups or for the offence of bribery.
    • He must not have been punished for preaching and practising social crimes such as untouchability, dowry and sati.

Disqualification on Ground of Defection

• • • • A member incurs disqualification under the defection law –
        • 1. If he voluntary gives up the membership of the political party on whose ticket he is elected to the House.
          2. If he votes or abstains from voting in the House contrary to any direction given by his political party.
          3. If any independently elected member joins any political party.
          4. If any nominated member joins any political party after the expiry of six months.
      • The question of Disqualification under 10th Schedule is decided by the Chairman of the Rajya Sabha.

Vacating of Seats of Parliament

• In the following cases, a Member of Parliament vacates his seat –

Double Membership

• • A person cannot be a member of both the Houses of Parliament at the same time.
  • The Representation of People Act (1951) provides for the following:
  • If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant.
  • If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.
  • If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant.

Disqualification

• • If a Member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant.

Resignation

• • A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha. The seat falls vacant when the resignation is accepted.

Absence

• • A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission.

Other cases

• • A member has to vacate his seat in the Parliament –
  • If his election is declared void by the court.
  • If he is expelled by the House.
  • If he is elected to the office of President or Vice-President.
  • If he is appointed to the office of governor of a state.

So, this was all about the Parliament of India and Rajya Sabha. You can learn about the Lok Sabha Here.

In the Next Post (Click Here), we will discuss about the Presiding Officers of the Parliament.