THE RAJYA SABHA OF INDIAN PARLIAMENT( COUNCIL OF STATES)

THE RAJYA SABHA OF INDIAN PARLIAMENT

COMPOSITION:

Article 80 of the Indian Constitution provided for the composition of the RAJYA SABHA. RAJYA SABHA consists of 250 members at the most, of which 12 members are nominated by the President from amongst persons who have achieved distinction in the fields of art, literature, science and social science. The remaining 238 members are indirectly elected by the states and the Union Territories as determined by a law of the Parliament. There is no equal representation of the states to the RAJYA SABHA. It is based on the population of a particular state.

QUALIFICATIONS TO BE MEMBERS:

1)            The candidate must be a citizen of India.

2)           His age must be at least 30 years.

3)           He must be an elector of a parliamentary constituency of the state which he seeks election.

4)           The Parliament by law may determine other qualifications to be a member of the RAJYA SABHA

TERM:

The RAJYA SABHA is a continuing or permanent chamber. It is not subject to dissolution. 1/3 of its members retire after every 2 years and elections are held for the vacant seat. Thus, a member of the RAJYA SABHA has six years to serve.

SESSION:

The President of India can summon or prorogue the session of the RAJYA SABHA. He must convene the session of the House at least twice a year and the gap between the last sitting in the previous session and the date appointed for the first sitting in the next session should not be more than 6 months. Its special sitting may also be summoned by the President.

OATH:

A member of RAJYA SABHA before assuming his seat in the House must take an oath of allegiance to the Constitution.

QUORUM:

 At least 1/10 of the members of the House must be present to hold a session. The Chairman may adjourn the House if there is no quorum.

CHAIRMAN:

The Vice-President of India is the ex-officio Chairman of the RAJYA SABHA. The members of the RAJYA SABHA elect a Deputy Chairman from among themselves. In the absence of the Chairman, the Deputy Chairman presided over the sessions of the RAJYA SABHA.

 PRIVILEGES:

The members of the RAJYA SABHA get facilities of residence. They are also given a monthly salary of rupees 50,000 per month and others allowances. A member of the House cannot be arrested without the permission of the Chairman when the House is in session. They cannot be arrested for saying anything in the House. If a member keeps away from the House continuously for 60 days without any reason, he will have to vacate his seat.

POWERS AND FUNCTIONS OF THE RAJYA SABHA

LEGISLATIVE POWERS:

Non-money bills can originate in the RAJYA SABHA. A non-money bill cannot become a law unless it is passed by the RAJYA SABHA. In the event of disagreement between the two Houses, the President is empowered to call a joint session of both the Houses. If it is passed by the majority of the members in the joint session, it will be regarded as passed by the Parliament.

 

 FINANCIAL POWERS:

 Money bill cannot be introduced in the RAJYA SABHA. It has no power over money bills. A money bill passed by the LOK SABHA is sent to it for consideration. The RAJYA SABHA must give its opinion on the bill within 14 years. The LOK SABHA may or may not accept its opinion. If the bill is not sent back by the RAJYA SABHA it is declared as passed by the RAJYA SABHA and sent to the President for his assent.

EXECUTIVE POWERS:

The RAJYA SABHA has also control over the Government. It can criticize the policies and activities of the Government. The ministers also attend the sessions of the RAJYA SABHA. They cannot ignore its existence. Of course, this House cannot pass a vote of no confidence against the ministry. So, its control over the Government is limited.

AMENDMENT OF THE CONSTITUTION:

The elected members of the RAJYA SABHA take part in the election of the President and the Vice-president. They take part in voting for the removal of the President, Vice-president, Chief Justice and Judges of the Supreme Court and the High Court.

SPECIAL POWERS:

The members of the RAJYA SABHA that are not shared by the LOK SABHA are:

1) The RAJYA SABHA alone can initiate the proposal for removing the Vice-president of India.

 2) It is the RAJYA SABHA alone that can exercise a democratic check on the exercise of the emergency powers by the President in case the LOK SABHA stands dissolved.

3) The RAJYA SABHA is empowered to propose one or more all India service or services by adopting a resolution by 2/3 majority of its members for national interest.

There are no seats reserved for SCs and STs in RAJYA SABHA. Constitution has not fixed the term of office of members of the RAJYA SABHA and left it to the Parliament. Representation of People Act (1951) provided the term of office of a member of the RAJYA SABHA shall be 6 years.