RAJYA SABHA ELECTIONS

The Rajya Sabha, or the Council of States, is the upper house of India's Parliament. It is a permanent body and is not subject to dissolution. Members of the Rajya Sabha are not directly elected by the people; they are either nominated by the President of India or elected by the members of the State Legislative Assemblies. The procedure for nomination and election in the Rajya Sabha is as follows:

• The President of India can nominate up to 12 members to the Rajya Sabha who have special knowledge or practical experience in literature, science, art, or social service. These nominations are made on the advice of the Prime Minister.
• The remaining members of the Rajya Sabha are elected by the members of the State Legislative Assemblies. Each state is allocated a certain number of seats in the Rajya Sabha based on its population. The members of the Legislative Assembly vote to elect representatives to fill these seats.
• If a vacancy arises in the Rajya Sabha due to resignation, death, or disqualification of a member, it is filled through a by-election or a nomination, depending on the circumstances.
• Members of the Rajya Sabha serve a term of six years, and one-third of the members retire every two years. This ensures that the Rajya Sabha is a permanent body and that it is not dissolved at the same time as the Lok Sabha, or the lower house of Parliament.
• To be eligible for membership in the Rajya Sabha, a person must be a citizen of India, at least 30 years old, and possess other qualifications as prescribed by Parliament. Members of the Rajya Sabha are not subject to any territorial representation.
• A person can be disqualified from being a member of the Rajya Sabha if they hold an office of profit under the Government of India or any state government if they are of unsound mind, if they are an undischarged insolvent, or if they are disqualified by any law made by Parliament.
• Members of the Rajya Sabha enjoy certain privileges and immunities, such as freedom of speech and debate, immunity from civil and criminal proceedings for anything said or done in the course of their duties, and the right to participate in the proceedings of the House.
• The Rajya Sabha plays a crucial role in the legislative process by reviewing and amending bills passed by the Lok Sabha, initiating legislation, and scrutinizing the work of the government. It also has the power to impeach the President of India and to remove judges of the Supreme Court and the High Courts.
• The Rajya Sabha is composed of 245 members, of which 233 are elected by the members of the State Legislative Assemblies and 12 are nominated by the President of India.

The eligibility, qualifications, and disqualifications of members of the Rajya Sabha as outlined in the Indian Constitution

Eligibility Criteria (Article 84)

1. Citizenship: A person must be a citizen of India to be eligible for membership in the Rajya Sabha.
2. Age: The minimum age required for a person to become a member of the Rajya Sabha is 30 years.
3. Other Qualifications: The person must possess other qualifications as prescribed by Parliament. While the Constitution does not specify these qualifications, they may include factors such as educational background, professional experience, or contributions to public service.

Qualifications (Article 84)

The Constitution of India doesn't explicitly list qualifications for membership in the Rajya Sabha. It leaves this matter to be determined by Parliament. Consequently, the Parliament has enacted the Representation of the People Act, 1951, which lays down the qualifications for membership in both the Rajya Sabha and the Lok Sabha.

According to the Representation of the People Act, 1951, a person is qualified to be chosen as a member of the Rajya Sabha if they:

1. Are registered as an elector for any parliamentary constituency.
2. Are at least 30 years of age.
3. Possess such other qualifications as may be prescribed on that behalf by or under any law made by Parliament.

Disqualifications (Article 102)

Article 102 of the Indian Constitution lays down the grounds for disqualification of a member of either House of Parliament, which includes the Rajya Sabha. A person shall be disqualified for being chosen as and for being a member of the Rajya Sabha if they:

1. Hold an office of profit under the Government of India or any State Government other than an office declared by Parliament by law not to disqualify its holder.
2. Are of unsound mind and have been so declared by a competent court.
3. Are an undischarged insolvent.
4. Have voluntarily acquired the citizenship of a foreign state or have voluntarily acquired such citizenship by means unknown to the law of India.
5. Are disqualified by or under any law made by Parliament.

These provisions ensure that members of the Rajya Sabha are qualified individuals who are dedicated to serving the interests of the nation and its people, and they prevent conflicts of interest or undue influence in the legislative process.

4. Article 80 of the Constitution of India

Article 80 of the Constitution of India pertains to the composition of the Council of States, commonly known as the Rajya Sabha, which is the upper house of the Indian Parliament. 

1. Composition of the Council of States (Rajya Sabha): Article 80 specifies that the Rajya Sabha shall consist of not more than 250 members, of whom:

   • Not more than 238 members shall be representatives of the States and of the Union territories.
   • Not more than 12 members shall be nominated by the President of India.
2. Representation of States and Union territories: The members representing the States and Union territories in the Rajya Sabha are elected by the elected members of the Legislative Assembly of the State or Union territory, as per the system of proportional representation using the single transferable vote.
3. Allocation of Seats: The allocation of seats in the Rajya Sabha to each State and Union territory is determined by the Parliament through laws made by it.
4. Nomination by the President: The President of India has the power to nominate members to the Rajya Sabha, including persons having special knowledge or practical experience in literature, science, art, and social service. These nominated members are appointed by the provisions made by Parliament.
5. Representation of Union territories: The representation of Union territories in the Rajya Sabha is provided to ensure their participation in the legislative process, despite not having a Legislative Assembly of their own.
6. Term of Office: The term of office for members of the Rajya Sabha is six years. However, one-third of the members retire every two years, ensuring continuity in the functioning of the House.

5. Special Powers of Rajya Sabha (Article 249 and Article 312)

Article 249 and Article 312 of the Indian Constitution confer special powers upon the Rajya Sabha, the upper house of the Parliament of India, in certain circumstances. These articles provide for the Rajya Sabha to play a significant role in the legislative process, especially concerning the creation of new All India Services and the enactment of laws on matters in the State List.

• Article 249: This article empowers the Rajya Sabha to legislate on matters enumerated in the State List (List II of the Seventh Schedule) of the Constitution. The Rajya Sabha can do so if it is in the national interest and if the Lok Sabha has passed a resolution to that effect by a two-thirds majority. The resolution must declare that it is necessary or expedient in the national interest that Parliament should make laws on the specified matter.
• Article 312: This article provides for the creation of new All India Services (AIS) by Parliament if it is deemed necessary. The Rajya Sabha plays a crucial role in this process. If the Rajya Sabha passes a resolution by a two-thirds majority declaring that it is necessary or expedient in the national interest to create a new AIS, then Parliament can create such a service. The resolution must be supported by not less than two-thirds of the members present and voting.

6. The Way Forward

India can ensure that Rajya Sabha elections are conducted with integrity, transparency, and inclusivity, thereby fortifying the foundation of its democratic institutions and advancing the nation's progress towards equitable and effective governance.

Source: The Indian Express