The element of dignity and prestige was added to the Council of State House by making the Vice-President of India ex-officio Chairman of the Rajya Sabha who presides over its sittings. Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as , out of which 12 members are nominated by the President and are representatives of the States and of the two Union Territories.
The present strength of Rajya Sabha, however, is , out of which are representatives of the States and Union territories of Delhi and Puducherry and 12 are nominated by the President. The members nominated by the President are persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service.
The allocation of seats is made on the basis of the population of each State. Consequent on the reorganization of States and formation of new States, the number of elected seats in the Rajya Sabha allotted to States and Union Territories has changed from time to time since Article 84 of the Constitution lays down the qualifications for membership of Parliament.
A person to be qualified for the membership of the Rajya Sabha should posses the following qualifications:. Article of the Constitution lays down that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament —.
Explanation - For the purpose of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. Besides, the Tenth Schedule to Constitution provides for disqualification of the members on ground of defection. As per the provisions of the Tenth Schedule, a member may be disqualified as a member, if he voluntarily gives up the membership of his political party; or if he votes or abstains from voting in the House contrary to any direction issued by the political party to which he belongs, unless such voting or abstention has been condoned by the political party within fifteen days.
A member elected as an independent candidate shall be disqualified if he joins any political party after his election. A member shall not be disqualified on this account, if he voluntarily leaves the membership of his political party after he is elected Deputy Chairman, Rajya Sabha.
The representatives of the States and of the Union Territories in the Rajya Sabha are elected by the method of indirect election. The representatives of each State and two Union territories are elected by the elected members of the Legislative Assembly of that State and by the members of the Electoral College for that Union Territory, as the case may be, in accordance with the system of proportional representation by means of the single transferable vote.
Rajya Sabha is a permanent House and is not subject to dissolution. However, one-third Members of Rajya Sabha retire after every second year. A member who is elected for a full term serves for a period of six years. A member elected in a bye-election remains member for the remainder of the term of the member who had resigned or died or disqualified to be member of the House under the Tenth Schedule. The Presiding Officers of Rajya Sabha have the responsibility to conduct the proceedings of the House.
Rajya Sabha also chooses from amongst its members, a Deputy Chairman. In the absence of the Chairman and Deputy Chairman, a member from the Panel of Vice-Chairmen presides over the proceedings of the House.
The Secretary-General is appointed by the Chairman of Rajya Sabha and holds rank equivalent to the highest civil servant of the Union. The Secretary-General works with anonymity and is readily available to the Presiding Officers for rendering advice on parliamentary matters. The Secretary-General is also the administrative head of the Rajya Sabha Secretariat and the custodian of the records of the House. He works under the direction and control of the Chairman, Rajya Sabha.
Under article 75 3 of the Constitution, the Council of Ministers is collectively responsible to Lok Sabha which means Rajya Sabha cannot make or unmake the Government. It can, however, exercise control over the Government and this function becomes quite prominent, particularly when the Government does not enjoy majority in Rajya Sabha.
To resolve a deadlock between the two Houses, in case of an ordinary legislation, the Constitution provides for the joint sitting of both Houses. In fact, there have been three occasions in the past when the Houses of Parliament had met in joint sitting to resolve differences between them. Issues in joint sitting are decided by a majority of the total number of members of both Houses present and voting.
The sole house of the state legislature in case of a unicameral legislature, or the lower house of the state legislature in case of a bicameral legislature. Has the power to enact, amend and repeal laws. Must approve any non-financial bill even if approved by Lok Sabha. Has the power to create and amend budgets and financial bills. But only on the state level. Image Courtesy: rajyasabha. The Vidhan Sabha is the sole house of the state legislature in case of a unicameral legislature, or the lower house of the state legislature in case of a bicameral legislature.
Wikipedia lists the functions of the Rajya Sabha as: Any bill non-financial , in general, has to be approved by Rajya Sabha even if approved by Lok Sabha. Equal Powers with the Lok Sabha in initiating and passing any Bill for Constitutional Amendment by a majority of the total membership of the House and at least two-thirds majority of the members present and voting. Equal Powers with the Lok Sabha in initiating and passing a motion for the impeachment of the President by two-thirds of the membership of the House.
Equal Powers with the Lok Sabha in initiating and passing a motion for the impeachment of the judges of the Supreme Court and the state High Courts by a majority of the membership of the House and at least two-thirds majority of the members present and voting. Equal Powers with the Lok Sabha in initiating and passing a resolution declaring war or national emergency by two-thirds majority or constitutional emergency by simple majority in a state.
The house is not subject to dissolution which is a limitation for Lok Sabha. The following are the list of powers as stated by Wikipedia: Motions of no confidence against the government can only be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the Council of Ministers resigns collectively. The Rajya Sabha has no power over such a motion, and hence no real power over the executive.
However, the Prime Minister may threaten the dissolution by the Lok Sabha and recommend this to the President, forcing an untimely general election. The President normally accepts this recommendation unless otherwise convinced that the Lok Sabha might recommend a new Prime Minister by a majority vote. Thus, both the executive and the legislature in India have checks and balances over each other.
Money bills can only be introduced in the Lok Sabha, and upon being passed, are sent to the Rajya Sabha, where it can be deliberated on for up to 14 days. If not rejected by the Rajya Sabha, or 14 days lapse from the introduction of the bill in the Rajya Sabha without any action by the House, or recommendations made by the Rajya Sabha are not accepted by the Lok Sabha, the bill is considered passed.
In matters pertaining to non-financial ordinary bills, after the bill has been passed by the House where it was originally tabled Lok Sabha or Rajya Sabha , it is sent to the other house, where it may be kept for a maximum period of 6 months. If the other House rejects the bill or a period of 6 months elapses without any action by that House, or the House that originally tabled the bill does not accept the recommendations made by the members of the other house, it results in a deadlock.
This is resolved by a joint session of both Houses, presided over by the speaker of the Lok Sabha and decided by a simple majority. The will of the Lok Sabha normally prevails in these matters, as its strength is more than double that of the Rajya Sabha. Equal Powers with the Rajya Sabha in initiating and passing any Bill for Constitutional Amendment by a majority of the total membership of the House and at least two-thirds majority of the members present and voting.
Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the President by two-thirds of the membership of the House. Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the judges of the Supreme Court and the state High Courts by a majority of the membership of the House and at least two-thirds majority of the members present and voting.
Delhi's Vidhan Sabha Term Period The term of a Vidhan Sabha is 5 years but during the State of Emergency, its term may be extended for a maximum period of 6 months or it may be dissolved by the Governor on the request of the Chief Minister. The members of the Rajya Sabha sit for staggered 6 years with one-third of the members retiring every two years. The term of a Lok Sabha is 5 years but during the State of Emergency, it can be extended by law up to one year.
The Speaker elected as a leader by the elected government is the chief presiding officer of the Lok Sabha. Share this Post:. Related Blogs. Join Now. Kitabee Kitabee is an initiative by two trainers who share between them a 15 years plus of classroom training experience.. Get in Touch With Us!
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