Introduction

Council of States

Council of States i.e. Rajya Sabha is the Upper House of the Indian Parliament. Rajya Sabha consists of the representatives of the States and the Union Territories and persons nominated by the President of India. The Vice-President of India is the ex-officio Chairman of Rajya Sabha. Rajya Sabha also chooses from amongst its Members, a Deputy Chairman. Chairman, Rajya Sabha and Deputy Chairman, Rajya Sabha preside over its sittings.

Special Powers

The Council of States (Rajya Sabha), has its own distinctive features. Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. All the subjects/areas regarding legislation have been divided into three Lists - Union List, State List and Concurrent List. Union and State Lists are mutually exclusive.The Parliament cannot legislate on a matter placed in the State List in normal circumstances. However, if Rajya Sabha passes a resolution by a majority of not less than two-thirds of members present and voting saying that it is "necessary or expedient in the national interest" that Parliament should make a law on a matter enumerated in the State List, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of the territory of India. Such a resolution remains in force for a maximum period of one year but this period can be extended by one year at a time by passing a similar resolution further.

Contribution in Financial Matters

A Money Bill can be introduced only in Lok Sabha. After it is passed by that House, it is transmitted to Rajya Sabha for its concurrence or recommendation. The power of Rajya Sabha in respect of such a Bill is limited. Rajya Sabha has to return such a Bill to Lok Sabha within a period of fourteen days from its receipt. If it is not returned to Lok Sabha within the said period of fourteen days, the Bill is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha. Rajya Sabha cannot amend a Money Bill; it can only recommend amendments and Lok Sabha may either accept or reject all or any of the recommendations made by Rajya Sabha.

Constitutional Provisions relating to Rajya Sabha

Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President and 238 are representatives of the States and of the three Union Territories. The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of the States and Union territories of Delhi, Puducherry and Jammu and Kashmir (w.e.f. 31.10.2019) 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.

Allocation of Seats

The Fourth Schedule to the Constitution provides for allocation of seats to the States and Union Territories in Rajya Sabha. 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 1952.

Eligibility

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 possess the following qualifications: 1. he must be a citizen of India , and makes and subscribes before some person authorized in that behalf by Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution. 2. he must be not less than 30 years of age; 3. he must possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Process for Election/Nomination

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 three 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 respectively, in accordance with the system of proportional representation by means of the single transferable vote. The Electoral College for the National Capital Territory of Delhi consists of the elected members of the Legislative Assembly of Delhi, and that for Puducherry and Jammu & Kashmir consists of the elected members of the respective Legislative Assemblies.

Relation between the two Houses

Under Article 75(3) of the Constitution, the Council of Ministers is collectively responsible to the House of the People (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.

Chairman and Deputy Chairman

The Presiding Officers of Rajya Sabha have the responsibility to conduct the proceedings of the House. The Vice-President of India is ex-officio Chairman of Rajya Sabha. Rajya Sabha also chooses from amongst its members, a Deputy Chairman. There is also a Panel of Vice-Chairmen in Rajya Sabha, who are nominated by the Chairman, Rajya Sabha from the amongst the members of Rajya Sabha. In the absence of the Chairman and Deputy Chairman, a member from the Panel of Vice-Chairmen presides over the proceedings of the House.

Secretary-General

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.

Leader of the House

Apart from the Chairman and the Deputy Chairman, Leader of the House is an important Parliamentary functionary who plays an important role in the efficient and smooth conduct of the business in the House. The Leader of the House in Rajya Sabha is normally the Prime Minister, if he/she is its member or a Minister who is a member of the House and is nominated by the Prime Minister to function, as the leader of the House. The primary responsibility of the Leader of the House is to maintain coordination amongst all sections of the House for a harmonious and meaningful debate in the House. For this purpose, he remains in close contact not only with the G

Leader of the Opposition (LOP)

The office of the Leader of the Opposition in a legislature is of immense public importance. Its importance emanates from the central role accorded to the Opposition in a parliamentary democracy. The role of Leader of the Opposition is in fact very challenging as he has to ensure accountability of the government to the legislature and to the public and present alternatives to government proposals/policies. He has to be a very skilled parliamentarian to fulfill this special responsibility to Parliament and to the nation. There was no Leader of the Opposition in Rajya Sabha in real sense of the term till the year 1969.Till then, the practice was to ca

Resolutions Adopted (Special Sittings)

Special Sitting - 13/05/2012.pdf

Special Session - 1997.pdf