The Rajya Sabha, also known as Council of States, is the upper house of the Parliament of India, of which the Lok Sabha is the lower house. The Rajya Sabha represents India's federal unitsthe states and union territories. Where the Lok Sabha is directly elected by the population, the Rajya Sabha is composed of members chosen by the state and union territory legislatures, giving the states a formal role in national law-making.Basu, D. D. Introduction to the Constitution of India, LexisNexis Unlike the Lok Sabha, it is a permanent house and cannot be dissolved.Kashyap, Subhash C. Our Parliament, National Book Trust
The council has a maximum membership of 245, of which 233 are indirectly elected by the state legislative assemblies of India and union territories using single transferable votes through open ballots, while the President of India can nominate 12 members for their contributions to art, literature, science, and social service. The total allowed capacity is 250 (238 elected, 12 appointed) according to article 80 of the Constitution of India. The current potential seating capacity of the Rajya Sabha is 245 (233 elected, 12 appointed), after the Jammu and Kashmir Reorganisation Act. The maximum seats of 250 members can be filled up at the discretion and requirements of the council.
Members sit for staggered terms lasting six years, with about a third of the 233 members retiring every two years, in even-numbered years. Unlike the Lok Sabha, the Rajya Sabha is a continuing chamber and hence not subject to dissolution.
The Rajya Sabha has equal footing in legislation with the Lok Sabha, except in the area of loss of supply, where the latter has overriding powers. In the case of a deadlock, a joint session of parliament can be held, where the Lok Sabha holds a greater influence because of its larger membership. The vice president of India is the ex-officio chairman of the Rajya Sabha, who presides over its sessions. The Deputy Chairman of the Rajya Sabha, who is elected from amongst the house's members, takes care of the day-to-day matters of the house in the absence of the chairman. The council held its first sitting on 13 May 1952.
The Rajya Sabha meets in the eponymous chamber in Parliament House in New Delhi. Since 18 July 2018, the Rajya Sabha has the facility for simultaneous interpretation in all the languages with official status in India. Rajya Sabha proceedings are televised live on channel Sansad TV, headquartered within the premises of Parliament. The new parliament building has a seating capacity of 384 for the Rajya Sabha.
Qualifications Article 84 of the Constitution lays down the qualifications for membership of Parliament. A member of the Rajya Sabha must: Be a citizen of India. Make and subscribe before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution. Be at least 30 years old. Not be a proclaimed criminal. Not be a subject of insolvency, i.e. they should not be in debt that they are not capable of repaying in a current manner and should have the ability to meet their financial expenses. Not hold any other office of profit under the Government of India. Not be of unsound mind. Possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
Membership Elected members Based on the , 233 members are elected by the Legislative Assemblies of States and Union territories by means of single transferable vote through proportional representation.
Nominated members Based on the qualifications, twelve members are nominated by the President of India who have special knowledge in various areas like arts and science. However, they are not entitled to vote in presidential elections as per Article 55 of the Constitution.
Limitations The Constitution of India places some restrictions on the Rajya Sabha, and the Lok Sabha (the lower house, House of the People) is more powerful in certain areas.
Money bills The definition of a money bill is given in Article 110 of the Constitution of India. A money bill can be introduced only in the Lok Sabha by a minister and only on the recommendation of the president of India. After the Lok Sabha passes a money bill, it sends the bill to the Rajya Sabha for 14 days, during which it can make recommendations. If the Rajya Sabha fails to return the bill in 14 days to the Lok Sabha, the bill is deemed to have passed both houses. Also, if the Lok Sabha rejects any (or all) of the amendments proposed by the Rajya Sabha, the bill is deemed to have been passed by both houses of Parliament in the form the Lok Sabha finally passes it. Hence, the Rajya Sabha can only give recommendations for a money bill, and cannot amend it. This is to ensure that the Rajya Sabha does not add any non-money matters to the bill. There is no joint sitting of both the houses for money bills, because all final decisions are taken by the Lok Sabha.
Joint Sitting of the Parliament Article 108 provides for a joint sitting of the two houses of Parliament in certain cases. A joint sitting can be convened by the president of India when one house has either rejected a bill passed by the other house, has not taken any action on a bill transmitted to it by the other house for six months, or has disagreed with the amendments proposed by the Lok Sabha on a bill passed by it. Considering that the numerical strength of the Lok Sabha is more than twice that of the Rajya Sabha, the Lok Sabha tends to have a greater influence in a joint sitting of Parliament. A joint session is chaired by the speaker of the Lok Sabha. Also, because the joint session is convened by the president on the advice of the government, which already has a majority in the Lok Sabha, the joint session is usually convened to get bills passed through a Rajya Sabha in which the government has a minority.
Joint sessions of Parliament are a rarity, and have been convened three times in the last 71 years, for passage of a specific legislative act, the latest time being in 2002: 1961: Dowry Prohibition Act, 1958 1978: Banking Services Commission (Repeal) Act, 1977 2002: Prevention of Terrorism Act, 2002
No-confidence motion Unlike the Lok Sabha, members of the Rajya Sabha cannot bring to the house a no-confidence motion against the government.
Powers
In the Indian quasi-federal structure, the Rajya Sabha is representative of the states and union territories in the federal legislature (hence the name, Council of States). For this reason, the Rajya Sabha has powers that protect the rights of states against the Union (federal) government.
Union-State relations The Constitution empowers the Parliament of India to make laws on the matters reserved for States. However, this can only be done if the Rajya Sabha first passes a resolution by a two-thirds majority granting such a power to the Union Parliament. The Union government cannot make a law on a matter reserved for States without any authorisation from the Rajya Sabha.
The Union government reserves the power to make laws directly affecting the citizens across all the States whereas, a single state in itself reserves the power to make rules and governing laws of their region. The Rajya Sabha plays a vital role in protecting the States' culture and interests.
Creation of All-India services The Rajya Sabha, by a two-thirds super majority, can pass a resolution empowering the Indian government to create more all-India services common to both the union and the states.
Party position Number of members of parliament by party-wise and their floor leaders (As on ): AlliancePolitical partyNo. of MPsFloor leader of the partyrowspan=15 GovernmentNDASeats: 151Bharatiya Janata Party116Jagat Prakash Nadda(Leader of the House)All India Anna Dravida Munnetra Kazhagam4M. Thambi DuraiJanata Dal (United)4Sanjay Kumar JhaNationalist Congress Party4Praful PatelTelugu Desam Party4Sana Sathish BabuShiv Sena2Milind Murli DeoraAsom Gana Parishad1Birendra Prasad BaishyaJanasena Party1Lingamaneni RameshNational People's Party1James Pangsang Kongkal SangmaPattali Makkal Katchi1Anbumani RamadossRashtriya Lok Dal1Jayant ChaudharyRashtriya Lok Morcha1Upendra KushwahaRepublican Party of India (Athawale)1Ramdas Bandu AthawaleIndependent3Nominated7rowspan=13 OppositionINDIASeats: 63Indian National Congress30Mallikarjun Kharge(Leader of the Opposition)Mamata All India Trinamool Congress9Derek O'BrienSamajwadi Party4Ram Gopal YadavCommunist Party of India (Marxist)3John BrittasJammu & Kashmir National Conference3Chowdry Mohammad RamzanJharkhand Mukti Morcha3Sarfraz AhmadRashtriya Janata Dal3Faiyaz AhmadCommunist Party of India2P. Sandosh KumarIndian Union Muslim League2Abdul WahabKerala Congress (M)1Jose K. ManiNationalist Congress Party – Sharadchandra Pawar1Sharadchandra PawarShiv Sena (Uddhav Balasaheb Thackeray)1Sanjay RautIndependent1rowspan=10 OthersSeats: 29Dravida Munnetra Kazhagam8Tiruchi SivaBiju Janata Dal5Manas Ranjan MangarajYuvajana Sramika Rythu Congress Party4Yerram Venkata Subba ReddyAam Aadmi Party3Sanjay SinghBharat Rashtra Samithi3Ravi Chandra VaddirajuUnited People's Party, Liberal2Pramod BoroBahujan Samaj Party1RamjiDesiya Murpokku Dravida Kazhagam1L. K. SudhishMakkal Needhi Maiam1Kamal HaasanZoram People's Movement1Khiangte LaltluangkimaVacantSeat: 2Uttar Pradesh1N/AWest Bengal1Total245
Composition
Seats are allotted in proportion to the population of each state or union territory. Because of population changes since previous apportionment of seats, states which once had higher relative populations may have more seats than other states which currently have a higher population. For example, Tamil Nadu has 18 representatives for 72 million inhabitants (in 2011) whereas Bihar (104 million) and West Bengal (91 million) only have 16. As the members are elected by the state legislature, some small union territories, those without legislatures, cannot have representation. Hence, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep do not send any representatives. Twelve members are nominated by the president.
As per the Fourth Schedule to the Constitution of India on 26 January 1950, the Rajya Sabha was to consist of 216 members, of which 12 members were to be nominated by the president and the remaining 204 elected to represent the states. The present sanctioned strength of the Rajya Sabha in the Constitution of India is 250, which can be increased by constitutional amendment. However, the present strength is 245 members according to the Representation of People Act, 1951, which can be increased up to 250 by amending the act itself, of whom 233 are representatives of the states and union territories and 12 are nominated by the president. The 12 nominated members of the Rajya Sabha are persons who are eminent in particular fields and are well-known contributors in the particular field.
Number of members by state/union territory