Rajya Sabha
The Rajya Sabha (the Council of States) is the Upper House of the Union
Parliament. It represents the federation of states of India.
Term : The Rajya Sabha is a permanent House. It cannot be dissolved like the
Lok Sabha. The term of each member of the Rajya Sabha is six years. One-third
of the members retire after every second year and elections are held for the
vacant seats.
Composition :The maximum strength of the Rajya Sabha is 250 members. Out
of them, twelve members are nominated by the president and 238 members are
elected representatives of the states.
Method of election
These 238 members are indirectly elected by the state legislative assemblies
in accordance with the system of proportional representation by means of a
single transferable vote. The number of members elected by each state
legislative assembly differs from state to state. The states having larger
populations have more seats in the Rajya Sabha.
The twelve members nominated by the president are people with special
knowledge or practical experience in matters including literature, science, art
and social service.
Qualifications for membership: In order to qualify for the membership of the
Rajya Sabha, an individual should possess certain qualifications.
He/She must be a citizen of India.
He/She must not be less than thirty years of age.
He/She should be a resident of the state from which he/she is seeking
election for a minimum of six months.
He/She must not hold any office of profit under the union or state
government
He/She should not be insane or bankrupt.
He/She must possess such other qualifications as may be prescribed or under
any law made by the Parliament.
Presiding officers of the Rajya Sabha
The presiding officers of the Rajya Sabha are responsible for conducting the
proceedings of the House. The vice-president of India is the ex-officio
chairman of the Rajya Sabha.
He/ She is not a member of the House nor does he/she exercise his/her vote
in the House. The vice-president only presides over its meetings and
conducts the proceedings.
He/She does not participate in the debates and is responsible for maintaining
discipline and decorum in the House. However, in case of a tie, the vice-
president, as the chairman of the Rajya Sabha, is entitled to exercise a
casting vote.
The House also chooses from amongst its members, a deputy chairman.
The deputy chairman performs all the functions and duties of the chairman in
his/her absence.
Powers and Functions of Rajya Sabha and Lok Sabha
The Rajya Sabha and the Lok Sabha have many powers and functions. Some of
them are discussed here.
Legislative functions
1. Bills: A bill can be introduced in either House of the Parliament. A bill has to
pass through several stages in each House of the Parliament and receive
presidential assent before it becomes a law. In the event of a deadlock
between the two Houses on a bill other than a Money Bill or a Constitution
Amendment Bill, the issue is resolved at a joint sitting of the two Houses.
2. Union list: The Parliament has the power to make laws on all the 97 subjects
of the union list.
3. State list: The states have exclusive jurisdiction over 66 subjects. However,
the Parliament can assume authority if:
a. the Rajya Sabha declares that such legislation is in national interest by
a resolution supported by not less than two-thirds of the members
present and voting,
b. two or more states mutually agree that the Parliament should legislate
on a subject given in the state list,
c. it is necessary to implement treaties or international conventions,
d. a proclamation of national emergency is in operation, the Parliament is
competent to legislate on matters included in the state list.
4. Concurrent list: The Parliament along with the state legislative assemblies
can make laws on the 47 subjects included in the concurrent list. In case
there is a conflict between the Parliament and the state legislative assemblies
on any law in this list then the Parliament's will prevails.
5. Residuary powers: The Parliament can also make laws on those subjects
that are not mentioned in the union, state or concurrent lists.
6. Ordinances: Article 123 of the Constitution enables the president to
promulgate an ordinance if neither House of the Parliament is in session.
Ordinances are temporary laws having the effect of an Act. However, every
ordinance has to be laid before the Parliament and ceases to exist six weeks
from the end of the next sitting of the Parliament.
Financial functions
1. Money Bill: A money bill can be only introduced in the Lok Sabha. The
Rajya Sabha is empowered only to make recommendations. After the Lok
Sabha passes the bill, it is given to the Rajya Sabha for its recommendations.
If it is not returned to the Lok Sabha within fourteen days, the bill is deemed
to have been passed by both the Houses.
2. Budget: The annual budget is passed by the Parliament. This contains the
estimates of receipts and expenditure of the government for one financial
year.
3. Salaries: The salaries and allowances of the members of the Parliament and
ministers are decided by the Parliament.
4. Imposition of taxes: The Parliament also approves all the proposals of the
union government to impose taxes. Taxes cannot be imposed without the
Parliament's approval.
5. Control over the executive: Further, there are two standing committees of
the Parliament- the Public Accounts Committee and the Estimates
Committee controls the way the executive spends the funds granted by the
legislature. These committees exercise control over the executive on behalf
of the Parliament.
