 |
|
The recent nomination of four eminent individuals to the Rajya Sabha has brought renewed focus on the constitutional provisions and the rationale behind having nominated members in the Upper House of the Indian Parliament. Understanding this mechanism is crucial for UPSC Civil Services Examination aspirants, as the Rajya Sabha's composition, powers, and functions are frequently tested in the examination. This article delves into the specifics of the nomination process, the constitutional basis, the powers of nominated members, and the historical context behind this provision, along with an assessment of its evolving role and importance in the Indian political system. The Rajya Sabha, also known as the Council of States, represents the states and union territories of India in the Parliament. Unlike the Lok Sabha, which is directly elected by the people, the Rajya Sabha provides a platform for representation of states and ensures a more federal character to the legislative process. The framers of the Indian Constitution envisioned the Rajya Sabha as a check on hasty legislation by the Lok Sabha and as a house of elders with experienced members who could contribute to informed debates and policy formulation. The concept of nominated members adds another layer of expertise and experience to the Rajya Sabha, allowing individuals with specialized knowledge in various fields to participate in the legislative process. Article 80 of the Constitution of India deals with the composition of the Council of States. Clause (1)(a) of Article 80 empowers the President of India to nominate twelve members to the Rajya Sabha. These nominations are made from individuals who have distinguished themselves in the fields of literature, science, art, and social service. The rationale behind this provision, as articulated by N Gopalaswami Ayyangar during the Constitution Drafting Committee deliberations, was to provide an opportunity for seasoned individuals, who may not be actively involved in the political arena, to contribute their expertise and knowledge to parliamentary debates. This ensures that the Rajya Sabha benefits from diverse perspectives and specialized knowledge that may not be readily available through elected representatives. The recent nominations include Harsh Vardhan Shringla, a retired diplomat and former Foreign Secretary; Ujjwal Nikam, a special public prosecutor known for his involvement in high-profile cases like the 26/11 Mumbai terror attacks; Meenakshi Jain, a historian; and C Sadanandan Master, a BJP leader from Kerala. These individuals represent a diverse range of expertise and experience, potentially enriching the debates and discussions within the Rajya Sabha. The nomination process is initiated by the government, which recommends a list of individuals to the President. The President, acting on the advice of the Council of Ministers, then nominates these individuals to the Rajya Sabha. While the Constitution specifies the fields from which nominations should be made (literature, science, art, and social service), the interpretation of these fields has been somewhat flexible over the years, leading to the nomination of individuals from diverse backgrounds, including sports, business, and media. Once nominated, members enjoy all the powers and privileges to which elected Members of Parliament are entitled. They can participate in debates, introduce bills (except Money Bills), and vote on legislation. However, there are some limitations on their powers. Nominated members are not allowed to vote in the election of the President of India. This is because their presence in the electoral college could potentially skew the outcome of the election, given that they are not directly elected by the people. However, they do have the right to vote in the election of the Vice-President of India. Nominated members can also join a political party within six months of taking their seat in the House. This provision allows them to align themselves with a particular political ideology and participate more actively in the political process. However, if they choose not to join any political party, they remain independent members of the Rajya Sabha. The Rajya Sabha plays a significant role in the Indian legislative process. While it does not have the same powers as the Lok Sabha in all matters, it serves as an important check on the lower house and ensures that legislation is carefully considered and debated. In the case of Money Bills, the Rajya Sabha has limited powers. It cannot amend a Money Bill, but it can recommend amendments to the Lok Sabha. The Lok Sabha is not bound to accept these recommendations, and it can pass the Money Bill without incorporating any of the Rajya Sabha's suggestions. However, the Rajya Sabha's recommendations can provide valuable insights and perspectives that the Lok Sabha may not have considered. The Rajya Sabha enjoys some special powers under the Constitution. Article 249 empowers the Rajya Sabha to pass a resolution, by a two-thirds majority of members present and voting, authorizing Parliament to make laws on subjects enumerated in the State List. This power is significant because it allows Parliament to legislate on matters that are normally within the exclusive jurisdiction of the state legislatures. Such a resolution remains in force for a maximum of one year, but it can be extended by one year at a time by passing a similar resolution. This provision is intended to address situations where national interest requires Parliament to legislate on matters that are normally under state control. The Rajya Sabha also plays a crucial role in the creation of All India Services. Article 312 empowers the Rajya Sabha to pass a resolution, by a two-thirds majority of members present and voting, recommending the creation of one or more All India Services common to the Union and the states. Once the Rajya Sabha passes such a resolution, Parliament becomes empowered to create these services. All India Services, such as the Indian Administrative Service (IAS) and the Indian Police Service (IPS), play a vital role in the administration of the country, and the Rajya Sabha's power to initiate their creation underscores its importance in the federal structure of India. Furthermore, the Rajya Sabha plays a significant role in the approval of proclamations issued by the President in the event of national emergency, failure of constitutional machinery in a state, or financial emergency. Article 352, 356, and 360 of the Constitution require that such proclamations be approved by both Houses of Parliament within a stipulated period. If the Lok Sabha is dissolved at the time of the proclamation, the Rajya Sabha can approve the proclamation on its own, ensuring that the emergency measures remain in effect until the new Lok Sabha is constituted and approves the proclamation. This power highlights the Rajya Sabha's role as a permanent body that can act even when the Lok Sabha is not in session. The election of Rajya Sabha members is conducted indirectly, through the elected members of the state legislative assemblies. Article 80(4) of the Constitution provides that members shall be elected by the elected members of state Assemblies through a system of proportional representation by means of a single transferable vote. This system ensures that the representation of states in the Rajya Sabha is proportionate to their population. The number of seats allocated to each state is determined by the Fourth Schedule to the Constitution, which is based on the population of each state. The system of proportional representation ensures that smaller parties and groups also have a chance to be represented in the Rajya Sabha. The number of votes a candidate requires to be elected depends on the number of vacancies and the strength of the House. The Election Commission of India has prescribed rules for calculating the required quota of votes. For example, if there is only one vacancy, the required quota is calculated by dividing the number of votes polled by 2 and adding 1. If there is more than one vacancy, the equation is based on an assigned value of 100 for every first-preference vote. The values of the votes credited to all candidates are totalled, and the total is divided by 1 more than the number of vacancies, and 1 is added to this quotient. If no candidate secures the required quota in the first round of counting, the second-preference votes are taken into account, but with a lower value. The Rajya Sabha is a permanent House and cannot be dissolved. To ensure continuity, one-third of its members retire after every second year, under Article 83(1) of the Constitution, and biennial elections are held to fill these vacancies. The term of a member is six years. Vacancies arising due to resignation, death, or disqualification are filled up through bypolls, and those elected serve out the remainder of their predecessors’ term. Over time, the high ideal of the nomination process has faced challenges. There have been instances where ruling dispensations have been accused of using the nominated category to shore up their numbers in the House, to dispense favors, and to get their preferred individuals into Parliament. This has led to concerns about the erosion of the original intent behind the nomination process, which was to bring in experts and seasoned individuals who could contribute to informed debates and policy formulation. However, despite these challenges, the Rajya Sabha continues to play a vital role in the Indian political system. It serves as an important check on the Lok Sabha, ensures representation of states and union territories, and provides a platform for experienced individuals to contribute to the legislative process. The nomination process, while not without its flaws, remains a valuable mechanism for bringing in diverse perspectives and specialized knowledge to the Rajya Sabha. In conclusion, understanding the composition, powers, and functions of the Rajya Sabha, including the nomination process, is essential for UPSC Civil Services Examination aspirants. The Rajya Sabha plays a crucial role in the Indian political system, and a thorough understanding of its workings is necessary for anyone aspiring to a career in the Indian civil services. The recent nominations to the Rajya Sabha serve as a reminder of the importance of this institution and the need to ensure that it continues to function effectively in the service of the nation.
Source: Knowledge Nugget | How and why members are nominated to Rajya Sabha – A must-know for UPSC aspirants