Rajya Sabha UPSC: Composition, Special Powers, Debates + PYQs

Asked by UPSCPrelims 2015, 2013, 20125 PYQs

UPSC has already asked about this. Read the story with these questions in mind.

Prelims 2012Consider the following statements: Union Territories are not represented in the Rajya Sabha. …Solve it below
Prelims 2012Which of the following special powers have been conferred on the Rajya Sabha by the Constitution of India?Solve it below

See all 5 PYQs

Prelims 2013Consider the following statements: The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House. …Solve it below
Prelims 2015Consider the following statements: The Rajya Sabha has no power either to reject or to amend a Money Bill. …Solve it below
Prelims 2013What will follow if a Money Bill is substantially amended by the Rajya Sabha?Solve it below

Quick answerThe Rajya Sabha is the Council of States (Art. 80): up to 250 members, of whom 12 are nominated by the President and the rest elected by elected MLAs through proportional representation by single transferable vote. It is a permanent House; one-third of members retire every two years. It has two exclusive powers, under Articles 249 and 312.

Background: a council of States

The Rajya Sabha, or Council of States, is the upper House of Parliament. It first met in May 1952. The framers created it for three reasons: to give the States a voice at the Union level in a federal system, to provide a chamber of revision that can take a second, calmer look at legislation passed in haste, and to bring in experienced people who may not want to fight popular elections, including those nominated for their eminence in literature, science, art and social service. Unlike the Lok Sabha, it is a permanent body, with one-third of its members retiring every two years. Its members are elected indirectly by the elected members of State Legislative Assemblies, so its composition reflects the balance of power in the States rather than the latest national mood.

Why a second chamber

The Constituent Assembly wanted a House that represents States and slows down hasty laws. N. Gopalaswami Ayyangar said it would hold “dignified debates” and let experienced people serve who might not fight a popular election. Seats are allotted by population, so UP has 31 and several small States have one; it is not equal representation like the US Senate.

How a Rajya Sabha member is elected

1Seats fixed for each State (Fourth Schedule)
2Elected MLAs of the State form the electorate
3Single transferable vote by open ballot
4Quota decides winners
5Six-year term; one-third retire every two years

Composition and election

Present strength 245: 233 elected from States and UTs with legislatures, 12 nominated for literature, science, art and social service (Art. 80(3)).
Elected by elected MLAs; since 2003, open ballot for party members and no domicile requirement. Both changes were upheld in Kuldip Nayar (2006).
Term six years; minimum age 30.
Vice-President is ex officio Chairman; the House elects a Deputy Chairman.

What it can do that the Lok Sabha cannot

Art. 249: a resolution supported by two-thirds present and voting lets Parliament legislate on a State List subject in the national interest, for a year at a time.
Art. 312: a similar resolution allows Parliament to create a new All India Service.
Approves an Emergency proclamation or President’s Rule when the Lok Sabha is dissolved (Art. 352, 356).
Removal of the Vice-President must begin in the Rajya Sabha (Art. 67(b)).

Special powers of the Rajya Sabha

Rajya SabhaFederal chamber

Article 249Allow Parliament to legislate on a State List subject
Article 312Create new All India Services
EmergencyApprove proclamation if Lok Sabha dissolved
Vice-PresidentCan initiate removal resolution

Where it is weaker

On a Money Bill it can only recommend changes within 14 days (Art. 109). It cannot vote on demands for grants, and the Council of Ministers is responsible only to the Lok Sabha. In a joint sitting (Art. 108), the Lok Sabha’s larger numbers usually win. Joint sittings have happened only three times: 1961, 1978 and 2002.

The current debate

Critics point to the Money Bill route used to bypass the House (Aadhaar Act 2016, upheld in Puttaswamy 2018, with a larger bench reference pending), to open ballot weakening State representation, and to nominations going to politicians rather than experts. Defenders note that the Rajya Sabha has blocked or reshaped Bills, such as the 1989 Panchayati Raj Bill (64th Amendment) that fell there. A House that revises rather than obstructs is the original design.

Rajya Sabha vs Lok Sabha

Point	Lok Sabha	Rajya Sabha
Maximum strength	550 elected (Article 81)	250, including 12 nominated (Article 80)
Election	Direct, first-past-the-post	Indirect by MLAs, single transferable vote, open ballot
Term	Five years unless dissolved	Permanent; members serve six years
Minimum age	25 years	30 years
Presiding officer	Speaker, a member	Vice-President as ex officio Chairman, not a member
Money Bills	Introduced and passed; final say	Only recommendations within 14 days
No-confidence	Council of Ministers responsible	Cannot remove the government

Seats and representation

Seats are allotted to States by the Fourth Schedule, broadly according to population, though smaller States get some weightage. Uttar Pradesh has the most seats (31), while several small States have one each. Union Territories with legislatures, Delhi and Puducherry, and Jammu and Kashmir elect members too. This differs from the US Senate, where every State has two senators regardless of size. Critics argue that India’s model weakens the federal character of the House. Another debate followed the 2003 changes to the Representation of the People Act, which removed the requirement that a candidate be a resident of the State he or she represents and introduced open ballot to curb cross-voting. The Supreme Court upheld both in Kuldip Nayar (2006), saying residence is not a constitutional requirement for federalism.

Rajya Sabha: UPSC angle

For UPSC CSE

Prelims: Art. 80, 249, 312, 109, retirement cycle, nominated categories, joint sitting. Mains GS-II: relevance of the second chamber, federal role, Money Bill controversy.

Rajya Sabha UPSC PYQs (Prelims)

Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.

UPSC Prelims 2012 · GS-I · Q7

Consider the following statements :
– 1. Union Territories are not represented in the Rajya Sabha.
– 2. It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
– 3. According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.
Which of the statements given above is/are correct?

Answer (d) & why

Delhi and Puducherry (and now J&K) send members to the Rajya Sabha. Election disputes are decided by the High Courts (and the Supreme Court), not the Election Commission. Under Article 79, Parliament is the President and the two Houses. All three statements are wrong.