WHAT IS RAJYA SABHA? ITS COMPOSITION , TENURE , DURATION

                             Legal affairs ⚖️

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Rajya Sabha: The Upper House of the Indian Parliament

The Rajya Sabha (Council of States) is the Upper House of the Parliament of India, playing a crucial role in the functioning of the Indian democratic system. It represents the states and union territories of the country and ensures that their voices are heard in the law-making process. While the Lok Sabharepresents the people directly, the Rajya Sabha safeguards the interests of the states within the federal structure of India.

Composition of the Rajya Sabha

• Total Strength: 250 members (as per the Constitution).
• 238 members are representatives of states and union territories.
• 12 members are nominated by the President of India from the fields of literature, art, science, and social service.
• Current Strength: 245 members (as some seats remain vacant from time to time).

Election and Representation

• State Representation: Members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies through a single transferable vote system of proportional representation.
• Union Territories: Delhi, Puducherry, and Jammu & Kashmir also send representatives.
• Nominated Members: 12 distinguished individuals are nominated by the President.

Unlike the Lok Sabha, the Rajya Sabha is a permanent body and cannot be dissolved. However, one-third of its members retire every two years, and elections are held for these seats.

Qualifications for Membership

To become a Rajya Sabha member, an individual must:

1. Be a citizen of India.
2. Be at least 30 years of age.
3. Possess other qualifications as prescribed by Parliament (such as not holding an office of profit, being of sound mind, and not being insolvent).

Tenure of Members

• Each member serves for a term of 6 years.
• Every two years, approximately one-third of the members retire, ensuring continuity.

Powers and Functions of the Rajya Sabha

The Rajya Sabha enjoys legislative, executive, financial, and judicial powers, though in some areas its powers are limited compared to the Lok Sabha.

1. Legislative Powers

• Can introduce and pass bills (except money bills).
• Reviews and suggests amendments to bills passed by the Lok Sabha.
• Both houses must approve a bill for it to become law, except in the case of money bills.

2. Financial Powers

• A Money Bill can only be introduced in the Lok Sabha.
• Rajya Sabha can only recommend amendments to a Money Bill, which the Lok Sabha may accept or reject.
• However, it has equal power in passing financial bills other than money bills.

3. Executive Powers

• The Council of Ministers is collectively responsible only to the Lok Sabha, not the Rajya Sabha.
• However, Rajya Sabha can question ministers, participate in debates, and influence policy-making.

4. Judicial Powers

• Participates in the process of impeachment of the President and removal of judges of the Supreme Court and High Courts.

5. Special Powers

The Rajya Sabha has some exclusive powers not available to the Lok Sabha:

• Under Article 249, it can pass a resolution (by a two-thirds majority) to empower Parliament to make laws on matters in the State List, if it is in the national interest.
• Under Article 312, it can authorize the creation of All-India Services like the IAS, IPS, etc.

Role in Federalism

The Rajya Sabha ensures that the interests of states are represented at the national level. Smaller states get a chance to present their concerns, preventing domination by larger states in the law-making process.

Chairman and Leadership

• The Vice President of India is the ex-officio Chairman of the Rajya Sabha.
• The House also elects a Deputy Chairman from among its members to preside in the Chairman’s absence.

Importance of the Rajya Sabha

1. Provides continuity as it is never dissolved.
2. Acts as a check on the Lok Sabha, preventing hasty legislation.
3. Represents the federal character of the Indian polity.
4. Brings expertise through nominated members from diverse fields.

Conclusion

The Rajya Sabha plays a vital role in maintaining the balance between the states and the Union, ensuring thoughtful debate, and contributing to the stability of Indian democracy. While it does not hold equal powers with the Lok Sabha in financial matters, its role in law-making, federal representation, and checks on the lower house make it indispensable to the Indian parliamentary system.

- Pratham Gupta