Rajya Sabha of India: Basic Concept [UPSC]

Parliament is made up of three components; President , Lok Sabha and Rajya Sabha of India . That is, these three together form the Parliament.

In this article, we will discuss Rajya Sabha in a simple and easy way and understand its various important aspects, So to understand well, definitely read the article till the end, as well as read other related articles.

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Role of Rajya Sabha

Under Article 79 , Parliament has been provided as the highest representative body of the country. Which operates through its three components – President and two houses – Rajya Sabha and Lok Sabha .

The President is the constitutional head of the country and it is an integral part of the Parliament and the biggest reason for this is that any bill passed by the Parliament does not become an Act until the President gives his assent to it.

The lower house of the Parliament is called the Lok Sabha . It is discussed in Article 81. Its members are directly elected by the public and sent. At present there are 543 seats in the Lok Sabha. The Lok Sabha is special in the sense that it is the government that forms it.

The upper house of the Parliament is called the Rajya Sabha . Its members are not directly elected by the public, that is why such people come here in the form of members who normally cannot face the election. The advantage of this is that experts in their respective fields or some specific people get a chance to work here. That is why it is also called the assembly of intellectuals.

Its role is like that of a guardian who guides the Lok Sabha in a way so as to excel in its legislative or other work. It never breaks and goes on continuously.

Lok Sabha: Role, Structure, Functions	Hindi	English
Rajya Sabha election	Hindi	English
Parliamentary Motion	Hindi	English

Composition of Rajya Sabha

Rajya Sabha, as the name suggests – represents the states. According to Article 80 of the Constitution , the Rajya Sabha can have a maximum of 250 seats. Out of this, 238 seats are for the representation of the states and union territories, while 12 seats are to be nominated by the President.

It is to be remembered here that the President nominates a person having special knowledge or practical experience in relation to literature, science, art and social service. The purpose behind this is that the famous person can be sent to Rajya Sabha without election.

Talking about the present, there are 245 members in the Rajya Sabha. Out of which 225 members represent the states and 8 union territories, besides 12 members are nominated by the President.

The allocation of seats in the Rajya Sabha is done by the states on the basis of their population. That is why the state which has more population has got more seats and the state with less population has got less seats. For example, in Uttar Pradesh there are 31 seats for the Rajya Sabha, whereas in Tripura only 1, while talking about the Union Territories, Delhi and Puducherry have got seats in the Rajya Sabha.

But now since Jammu and Kashmir has also become a union territory, which already has 4 seats in the Rajya Sabha, now it will also be counted in the union territory. Apart from this, the other Union Territories have not got representation in the Rajya Sabha because the population of these territories is very less.

Which state and union territory has been allotted how many seats in the Rajya Sabha, it has been described in the Fourth Schedule of the Constitution. Which you can see from here – 4th schedule pdf ^️

tenure

The term of Lok Sabha is 5 years and it is dissolved after every 5 years but Rajya Sabha is never dissolved. According to Article 83(1), there will be no dissolution of the Rajya Sabha, that is, it is a continuous body. On the basis of the Representation of the People Act 1951, the term of its MPs is 6 years and the arrangement is that one-third of the members retire every 2 years. That is why elections are held for about one third of the seats every two years. A retired person can contest elections as many times as he wants. If a person nominated by the President has retired, it is filled by the President at the beginning of every third year.

Chairman and Deputy Chairman

The Vice President of India is the ex-officio Chairman of the Rajya Sabha. The term of the Chairman of the Rajya Sabha is 5 years, while the term of the members of the Rajya Sabha is 6 years. The Rajya Sabha also selects a Deputy Speaker from among its members. In the absence of the Chairman and the Deputy Chairman, a member from the panel of Vice-Chairmen presides over the proceedings of the House. Unlike the Lok Sabha, the Chairman of the Rajya Sabha submits his resignation not to the Deputy Speaker but to the President.

Rajya Sabha election process

According to Article 80(4), the representatives of each State in the Rajya Sabha shall be elected by the elected members of the Legislative Assembly of that State in accordance with the system of proportional representation by means of the single transferable vote .

In other words, the members of the Rajya Sabha are elected by the elected members of the State Legislative Assembly , which is called the electoral college . [To know the complete process of this election, must read Rajya Sabha elections ^️ ]

Special Powers of Rajya Sabha

Being a federal character, the Rajya Sabha has been given two special powers, which are not with the Lok Sabha: 1. Under Article 249, the Rajya Sabha can authorize the Parliament to make laws on subjects in the State List. In other words, when the Rajya Sabha passes a resolution by a two-thirds majority that the Parliament should make laws for a state, then the Parliament gets the power that it can make laws for the state. 

2. Under Article 312, the Rajya Sabha can authorize the Parliament to create a new All India Service for both the Center and the States. That is, if any service other than IAS, IPS and IFoS is to be made an All India Service, then Rajya Sabha can do so.

3. The President has the right to declare emergency in the country but every such proclamation has to be approved by both the Houses of Parliament within the stipulated period. If the emergency has come into force at the time when the Lok Sabha has been dissolved or if the  Lok Sabha  is there but it has been dissolved before the approval within 1 month.

In such a situation, as soon as the Lok Sabha will be constituted again. It is necessary to get the Proclamation of Emergency passed within thirty days from its first meeting . Otherwise it will be over. But there is a condition in this that before that it should be passed from Rajya Sabha. Because Rajya Sabha is not dissolved.

In which situation the powers of Rajya Sabha and Lok Sabha are equal?

The powers and status of the Rajya Sabha are similar to those of the Lok Sabha in the following respects:

1. Introducing and passing General Bills

2. Introducing and passing Constitutional Amendment Bills

3. Introduction of financial bills involving expenditure from the Consolidated Fund of India.

4. Election and impeachment of the President

5. Election and removal from office of the Vice-President. Rajya Sabha can remove the Vice-President from office by passing a resolution with a special majority and the Lok Sabha by a simple majority.

6. Rajya Sabha can recommend to the President the removal of judges of the Supreme and High Courts, the Chief Election Commissioner and the Controller General of Accounts

7. Approval of ordinance issued by President

8. Approval of all three types of emergency declared by President

9. All ministers including Prime Minister should be members of either House, although They would have been responsible only to the Lok Sabha.

10. Consideration of the reports of constitutional bodies like Finance Commission , Union Public Service Commission , Comptroller and Auditor General etc.

11. Extension of jurisdiction of Supreme Court and Union Public Service Commission.

In which situation the powers of Rajya Sabha and Lok Sabha are not equal?

The powers and status of Rajya Sabha are higher than that of Lok Sabha in the following matters:-

1. Money Bill can be introduced only in Lok Sabha and not in Rajya Sabha. Rajya Sabha cannot reject or amend a money bill. It is obliged to return the money bill to the Lok Sabha within 14 days without recommendation or recommendation. The Lok Sabha can accept or reject the recommendations of the Rajya Sabha. Even if it is rejected, it is considered approved by both the houses,

2. While talking about the Finance Bill, it can be introduced only in the Lok Sabha but in the matters of passing it, the powers of both the Lok Sabha and the Rajya Sabha are equal

3. The Speaker of the Lok Sabha has the final power to decide whether a Bill is a Money Bill or not

4.The joint sitting of both the houses is presided over by the Speaker of the Lok Sabha.

5. The Rajya Sabha can only discuss the budget, not vote on its demands for grants.

6. The resolution to end the national emergency can be passed only by the Lok Sabha.

7. The Rajya Sabha cannot remove the Council of Ministers by passing a no-confidence motion. This is because the Council of Ministers is collectively responsible to the Lok Sabha, but the Rajya Sabha can discuss and criticize the policies and actions of the government.

Need of Rajya Sabha

Though the Rajya Sabha has been given lesser powers than the Lok Sabha, it still has the following utility which makes it relevant. 

1. It reviews the hastily made faulty and irrational legislation by the Lok Sabha and works to remove its errors.

2. It gives an opportunity of representation to those experienced and professional who cannot face direct elections 

3. It protects the interests of the states against unnecessary interference by the Center and maintains the federal balance.

Due to the length of the article, all the aspects of Parliament could not be included in this article, but a separate article has been made available on it. You can read other articles with the help of the link given below. – Lok Sabha Speaker: Role, Powers and Functions

Rajya sabha practice quiz upsc

Important Links

English Articles	Hindi Articles
Parliament: Powers and Functions Parliamentary Motion : Types, Features parliamentary resolution process of making laws in Parliament Money Bill and Finance Bill Voting process in Parliament Budget – Complete Concept joint sitting of both the houses Parliamentary Committees Consolidated Fund,	भारतीय संसद: शक्तियाँ एवं कार्य संसदीय प्रस्ताव : प्रकार, विशेषताएँ संसदीय संकल्प संसद में कानून बनाने की पूरी प्रक्रिया धन विधेयक और वित्त विधेयक भारतीय संसद में मतदान की प्रक्रिया बजट – प्रक्रिया, क्रियान्वयन दोनों सदनों की संयुक्त बैठक संसदीय समितियां संचित निधि, लोक लेखा एवं आकस्मिक निधि

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Original Constitution
Our Parliament – Subhash Kashyap
https://rajyasabhahindi.nic.in/rshindi/hindipage.asp