Discuss The Composition, Power & Functions of Rajya Sabha

The Rajya Sabha, or the Council of States, is the upper house of the Parliament of India. It represents the interests of the states and Union Territories of India in the federal structure. The Rajya Sabha, being a permanent house, ensures continuity in the functioning of the Parliament, and its composition and functions reflect its role as a body of seasoned legislators offering a check on the decisions made by the lower house, the Lok Sabha.

Composition of Rajya Sabha :

The Rajya Sabha has a maximum strength of 250 members, of which:

• 238 members represent the states and Union Territories.
• 12 members are nominated by the President of India for their contributions to the fields of literature, science, art, and social service.

Currently, the total membership of Rajya Sabha stands at 245.

1. Elected Members:

• 238 members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies and the members of the Electoral College of Union Territories.
• Elections are held by means of proportional representation using a single transferable vote.
• The number of representatives from each state is proportional to the population of the state.

2. Nominated Members:

• The President of India nominates 12 members to the Rajya Sabha who have special knowledge or practical experience in areas such as literature, science, art, and social service. These nominations help bring diverse perspectives into the legislative process.

3. Term:

• The Rajya Sabha is a permanent house and is not subject to dissolution. However, its members have a term of six years, and one-third of its members retire every two years, ensuring continuity in the house.

4. Presiding Officer:

• The Vice President of India is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman, elected from among the members, presides over the proceedings in the absence of the Chairman.

Powers of Rajya Sabha :

Though the Rajya Sabha has less power than the Lok Sabha in some matters, it is still an integral part of the Parliament and plays a significant role in legislative and constitutional matters. The Rajya Sabha’s powers can be categorized into legislative, financial, executive, judicial, and electoral functions.

1. Legislative Powers:

• The Rajya Sabha enjoys equal powers with the Lok Sabha in the passage of ordinary bills. Any ordinary bill can originate in either house, and it must be passed by both houses to become law.
• In case of disagreement between the two houses, a joint sitting of both houses can be summoned to resolve the deadlock, but such situations are rare.
• The Rajya Sabha can also introduce private member bills, and if a bill is passed by the Rajya Sabha, it moves to the Lok Sabha for approval.

2. Financial Powers:

• The Rajya Sabha has limited powers in financial matters:
  • Money Bills can only be introduced in the Lok Sabha. Once the Lok Sabha passes a Money Bill, it is sent to the Rajya Sabha for its recommendations.
  • The Rajya Sabha cannot reject or amend a Money Bill; it can only offer suggestions. It must return the bill to the Lok Sabha within 14 days, and the Lok Sabha is free to accept or reject its recommendations. If the Rajya Sabha fails to return the bill within 14 days, it is deemed to have been passed by both houses.

3. Executive Powers:

• The Council of Ministers, led by the Prime Minister, is responsible to the Lok Sabha and not directly to the Rajya Sabha. However, members of the Rajya Sabha can still question the government, debate policies, and express concerns.
• Rajya Sabha members, through various instruments like Question Hour, Zero Hour, and motions, can hold the government accountable and discuss matters of national importance.
• Ministers, including the Prime Minister, can be members of the Rajya Sabha, though they must enjoy the confidence of the Lok Sabha to remain in office.

4. Judicial Powers:

• The Rajya Sabha plays a role in the impeachment of the President and the removal of judges of the Supreme Court and High Courts.
• The impeachment process against the President of India can be initiated in either house of Parliament. However, both houses must pass the impeachment resolution with a two-thirds majority for it to take effect.
• Rajya Sabha can also participate in the removal process of the Chief Election Commissioner and Comptroller and Auditor General of India.

5. Electoral Powers:

• Rajya Sabha members take part in the election of the President of India. The elected members of the Rajya Sabha, along with the elected members of the Lok Sabha and the state legislative assemblies, form the electoral college for the Presidential election.
• The Vice President of India is elected by the members of both the Lok Sabha and Rajya Sabha through a single transferable vote system.

6. Constituent Powers:

• The Rajya Sabha has equal powers with the Lok Sabha in matters of constitutional amendments. Any amendment to the Constitution must be passed by both houses with a special majority.
• Constitutional amendments can be introduced in either house, and the Rajya Sabha has the same authority to discuss, amend, and approve amendments as the Lok Sabha.

7. Special Powers:

• The Rajya Sabha has unique powers not available to the Lok Sabha in certain matters:
  • Article 249: The Rajya Sabha can pass a resolution by a two-thirds majority authorizing Parliament to make laws on a subject listed in the State List if it is deemed to be in the national interest. This allows Parliament to legislate on matters that would normally be within the jurisdiction of the states.
  • Article 312: The Rajya Sabha can recommend the creation of new All India Services (like the IAS, IPS, etc.) by passing a resolution with a two-thirds majority.

Functions of the Rajya Sabha :

1. Representation of States:

• The primary function of the Rajya Sabha is to represent the interests of the states and Union Territories in the federal structure of India. It provides a platform where issues affecting the states can be raised and discussed.

2. Check on the Lok Sabha:

• The Rajya Sabha acts as a check on the Lok Sabha by scrutinizing and reviewing the legislation passed by the lower house. It helps prevent hasty decisions and ensures that laws are thoroughly debated.

3. Legislative Scrutiny and Deliberation:

• As a house with relatively seasoned and experienced legislators, the Rajya Sabha plays a critical role in deliberating and scrutinizing legislation. The Rajya Sabha’s reflective role often leads to more in-depth discussions on policies, especially on long-term national issues.

4. Forum for Debate on National Issues:

• The Rajya Sabha provides a platform for discussing national and international issues. It plays a role in shaping government policy through debates and discussions, allowing members to bring forward various perspectives on key issues.

5. Representation of Expertise:

• With nominated members who are experts in fields like literature, science, art, and social service, the Rajya Sabha enriches the legislative process with diverse views and technical expertise.

Importance of the Rajya Sabha :

The Rajya Sabha performs several crucial functions in India’s parliamentary democracy:

• It provides regional representation, ensuring that the interests of the states and Union Territories are safeguarded in the legislative process.
• As a permanent body, it offers continuity in the functioning of the Parliament.
• It functions as a deliberative house, which allows for a more reflective and reasoned consideration of legislation.
• It serves as a forum for experienced politicians and experts, offering deeper analysis and input into legislative matters.
• By providing a platform for detailed discussions and debates, it helps balance the sometimes more populist and immediate concerns of the Lok Sabha.

Conclusion:

The Rajya Sabha is an essential component of India’s parliamentary system. Although it has relatively lesser powers in financial matters compared to the Lok Sabha, its role in representing the states, scrutinizing legislation, and contributing to the legislative process through expertise and deliberation is vital. The Rajya Sabha ensures that India’s federal character is upheld, and its unique powers, especially regarding state matters, make it a critical part of the Indian legislative system.