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The Rajya Sabha, or Council of States, is the upper house of the Indian Parliament, playing a crucial role in the legislative process. Unlike the Lok Sabha, the lower house, which is directly elected by the people, the Rajya Sabha has a more nuanced composition, including members elected by state legislative assemblies and a subset of members nominated by the President of India. This article delves into the intricacies of the nomination process, the constitutional provisions governing it, the powers and limitations of nominated members, and the historical context and evolving significance of this unique feature of the Indian parliamentary system. Understanding the Rajya Sabha's structure and functions, particularly the role of nominated members, is essential for anyone seeking a comprehensive grasp of Indian polity and governance, especially those preparing for the UPSC Civil Services Examination.
The recent nomination of four individuals – Harsh Vardhan Shringla, Ujjwal Nikam, C. Sadanandan Master, and Meenakshi Jain – to the Rajya Sabha has brought the nomination process into the spotlight. These nominations, made under Article 80 of the Constitution, highlight the President's power to appoint individuals with 'special knowledge or practical experience' in fields such as literature, science, art, and social service. This provision, enshrined in the Constitution, aims to enrich the Rajya Sabha's debates and deliberations with the insights of eminent personalities who might not otherwise participate in the political process. The individuals nominated represent diverse fields: a retired diplomat, a special public prosecutor, a historian, and a political leader, illustrating the breadth of expertise the Constitution envisions bringing to the upper house.
Article 80 of the Indian Constitution is the cornerstone of the Rajya Sabha's composition. Clause (1)(a) empowers the President to nominate twelve members to the Council of States. Clause (3) further elaborates on the qualifications for these nominations, specifying that the nominees should possess 'special knowledge or practical experience' in fields like literature, science, art, and social service. This provision is not merely a formality; it reflects the Constitution makers' intention to ensure that the Rajya Sabha benefits from the contributions of individuals who have distinguished themselves in various domains. By including nominated members, the Constitution seeks to inject a dose of expertise and diverse perspectives into the legislative process, complementing the representational function of the elected members.
Nominated members enjoy most of the powers and privileges of elected Members of Parliament. They can participate in debates, propose legislation, and scrutinize government policies. However, there is a crucial difference: they cannot vote in the election of the President of India. This restriction stems from the fact that they are not directly elected representatives of the people or the states. They do, however, have the right to vote in the election of the Vice-President, who also serves as the Chairman of the Rajya Sabha. This distinction underscores the delicate balance between the nominated members' role in legislative matters and their limited involvement in the election of the head of state.
The rationale behind the provision for nominated seats in the Rajya Sabha is rooted in the vision of the Constitution makers. N. Gopalaswami Ayyangar, a member of the Constitution Drafting Committee, eloquently articulated the need to bring 'seasoned people' into the Council of States, individuals who might not be actively engaged in the 'thickest of the political fray' but who could contribute 'an amount of learning and importance' to the debates. This vision was intended to ensure that the Rajya Sabha served as a forum for informed and thoughtful discussion, drawing upon the expertise of individuals who had excelled in their respective fields. The hope was that the nominated members would elevate the quality of parliamentary deliberations and contribute to the formulation of sound policies.
However, the ideal envisioned by the Constitution makers has not always been fully realized. Over time, the nomination process has been subject to criticism, with accusations that ruling parties have used it to 'shore up their numbers in the House, to dispense favours, and to get their preferred individuals into Parliament.' This erosion of the original intent highlights the challenges of maintaining the integrity of constitutional provisions in the face of political pressures. The concern is that nominations based on political considerations rather than genuine expertise can undermine the Rajya Sabha's role as a chamber of experienced and knowledgeable individuals. This raises important questions about the criteria used for nominations and the need for greater transparency and accountability in the selection process.
Despite its limitations, the Rajya Sabha plays a significant role in the Indian parliamentary system. While it has a limited role in the case of Money Bills, which can only be introduced in the Lok Sabha, the Rajya Sabha enjoys considerable power in other legislative matters. It can initiate and amend most types of legislation, and its approval is required for a bill to become law. This ensures that legislation is subject to thorough scrutiny and debate, and that the interests of the states are taken into account.
Furthermore, the Rajya Sabha has special powers under certain circumstances. Article 249 empowers Parliament to make laws on subjects in the State List if the Rajya Sabha passes a resolution, supported by a two-thirds majority, declaring that it is 'necessary or expedient in the national interest' to do so. This provision allows the Union government to legislate on matters that are normally within the purview of the states, but only with the explicit consent of the Rajya Sabha. Similarly, Article 312 empowers Parliament to create new All India Services if the Rajya Sabha passes a resolution recommending it. These special powers underscore the Rajya Sabha's unique position in the Indian federal structure and its role in safeguarding the interests of the states.
The Rajya Sabha also plays a crucial role in the event of a national emergency, the failure of constitutional machinery in a state, or a financial emergency. Under Articles 352, 356, and 360 of the Constitution, proclamations issued by the President in these circumstances must be approved by both Houses of Parliament. However, if the Lok Sabha is dissolved at the time of the proclamation, the Rajya Sabha's approval is sufficient to keep the proclamation in effect. This provision ensures that the government can take necessary action in times of crisis, even if the Lok Sabha is not in session.
Beyond the specific powers and functions outlined in the Constitution, the Rajya Sabha serves as a forum for representing the interests of the states and for providing a check on the power of the Lok Sabha. Its composition, which includes representatives of the states and nominated members, ensures that a wider range of perspectives are taken into account in the legislative process. The Rajya Sabha's debates and deliberations can influence public opinion and shape government policy, contributing to a more informed and responsive democracy.
Understanding how Rajya Sabha members are elected is crucial to understanding the nature of the house itself. The Rajya Sabha is a permanent body, meaning it cannot be dissolved. To ensure continuity, one-third of its members retire every two years, and elections are held to fill these vacancies. The term of a member is six years. Of the 245 members, 12 are nominated by the President, and 233 represent the states and Union Territories of Delhi and Puducherry. Vacancies arising from resignation, death, or disqualification are filled through by-elections, and those elected serve the remainder of their predecessors’ terms.
The election of Rajya Sabha members is an indirect process. Members are elected by the elected members of state legislative assemblies through a system of proportional representation by means of a single transferable vote. The number of votes a candidate requires depends on the number of vacancies and the strength of the House. The Fourth Schedule to the Constitution provides for the allocation of Rajya Sabha seats to the states and Union Territories based on their population.
The formula for determining the required quota of votes ensures proportional representation. 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 totaled, divided by 1 more than the number of vacancies, and 1 is added to the quotient. If no candidate meets the specified number in the first round, second-preference votes are considered but with a lower value. This system ensures that a candidate must secure a certain level of support from the MLAs to get elected, and second preferences help in allocating the remaining seats fairly.
In conclusion, the Rajya Sabha, with its unique blend of elected and nominated members, plays a vital role in the Indian parliamentary system. The nomination process, enshrined in Article 80 of the Constitution, aims to bring expertise and diverse perspectives to the upper house, enriching the legislative process and promoting informed policy-making. While the nomination process has faced challenges and criticisms, the Rajya Sabha continues to serve as a forum for representing the interests of the states and providing a check on the power of the Lok Sabha. A thorough understanding of the Rajya Sabha's structure, functions, and the role of nominated members is essential for anyone seeking a comprehensive grasp of Indian polity and governance.
Source: Knowledge Nugget | How and why members are nominated to Rajya Sabha – A must-know for UPSC aspirants