{"id":6111,"date":"2022-06-13T00:00:00","date_gmt":"2022-06-13T00:00:00","guid":{"rendered":"https:\/\/www.nextias.com\/current_affairs\/uncategorized\/13-06-2022\/utility-of-rajya-sabha\/"},"modified":"2022-06-13T00:00:00","modified_gmt":"2022-06-13T00:00:00","slug":"utility-of-rajya-sabha","status":"publish","type":"post","link":"https:\/\/www.nextias.com\/ca\/editorial-analysis\/13-06-2022\/utility-of-rajya-sabha","title":{"rendered":"Utility of Rajya Sabha"},"content":{"rendered":"

In Context<\/u><\/strong><\/span><\/span><\/span><\/h2>\n

Recently ,it has been highlighted that Rajya Sabha will have a sobering effect on the decisions of the Lower House.\u00a0<\/span><\/span><\/span><\/p>\n

Objectives and Need<\/u><\/strong><\/span><\/span><\/span><\/p>\n

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  • Extensive debate took place in the <\/span><\/span><\/span>Constituent Assembly<\/strong><\/span><\/span><\/span> regarding the utility or <\/span><\/span><\/span>otherwise of a Second Chamber in Independent India <\/strong><\/span><\/span><\/span>and ultimately, it was decided to <\/span><\/span><\/span>have a bicameral legislature<\/strong><\/span><\/span><\/span> for independent India mainly because a <\/span><\/span><\/span>federal system was considered <\/strong><\/span><\/span><\/span>to be <\/span><\/span><\/span>most feasible form of Government <\/strong><\/span><\/span><\/span>for such a <\/span><\/span><\/span>vast country with immense diversities.<\/strong><\/span><\/span><\/span>\u00a0<\/span><\/span><\/span><\/li>\n
  • A <\/span><\/span><\/span>single directly elected House,<\/strong><\/span><\/span><\/span> in fact, was considered inadequate to meet the challenges before free India.\u00a0<\/span><\/span><\/span>\n
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    • A second chamber known as the <\/span><\/span><\/span>\u2018Council of States\u2019<\/strong><\/span><\/span><\/span>, therefore, was created with <\/span><\/span><\/span>altogether different composition<\/strong><\/span><\/span><\/span> and method of election from that of the directly elected House of the People.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n

      Origin of Rajya Sabha\u00a0<\/u><\/strong><\/span><\/span><\/span><\/p>\n

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      • The origin of the second Chamber can be traced to the <\/span><\/span><\/span>Montague-Chelmsford Report of 1918.<\/strong><\/span><\/span><\/span><\/li>\n
      • \u00a0The Government of India Act, 1919 provided for the creation of a <\/span><\/span><\/span>\u2018Council of Stat<\/strong><\/span><\/span><\/span>e\u2019 as a s<\/span><\/span><\/span>econd chamber of the then legislatur<\/strong><\/span><\/span><\/span>e with a restricted franchise which actually came into existence in <\/span><\/span><\/span>1921<\/strong><\/span><\/span><\/span>.\u00a0<\/span><\/span><\/span><\/li>\n
      • The <\/span><\/span><\/span>\u2018Council of States\u2019<\/strong><\/span><\/span><\/span> which is also known as<\/span><\/span><\/span> Rajya Sabha<\/strong><\/span><\/span><\/span>, a nomenclature that was announced by the chair in the<\/span><\/span><\/span> House on the 23rd August, 1954 has its own distinctive features.\u00a0<\/strong><\/span><\/span><\/span><\/li>\n<\/ul>\n

        Composition\/Strength<\/u><\/strong><\/span><\/span><\/span><\/p>\n

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        • Article<\/span><\/span><\/span> 80 of the Constitution<\/strong><\/span><\/span><\/span> lays down the maximum strength of Rajya Sabha as <\/span><\/span><\/span>250<\/strong><\/span><\/span><\/span>, out of which <\/span><\/span><\/span>12 members are nominated<\/strong><\/span><\/span><\/span> by the President and <\/span><\/span><\/span>238 are representatives of the States and of the two Union Territories.\u00a0<\/strong><\/span><\/span><\/span>\n
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          • The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of th<\/span><\/span><\/span>e States and Union territories of Delhi a<\/strong><\/span><\/span><\/span>nd <\/span><\/span><\/span>Puducherry and 12 are nominated by the President.\u00a0<\/strong><\/span><\/span><\/span>\n
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            • 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.<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
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              • \u00a0The <\/span><\/span><\/span>element of dignity and prestige <\/strong><\/span><\/span><\/span>was added to the Council of State House by making the <\/span><\/span><\/span>Vice-President of India ex-officio Chairman<\/strong><\/span><\/span><\/span> of the <\/span><\/span><\/span>Rajya Sabha who presides over its sittings.<\/strong><\/span><\/span><\/span><\/li>\n
              • Biennial\/Bye-election\u00a0 Rajya Sabha is a permanent House and is not subject to dissolution.\u00a0<\/span><\/span><\/span><\/li>\n
              • However, one-third Members of Rajya Sabha retire after <\/span><\/span><\/span>every second year<\/strong><\/span><\/span><\/span>. A member who is elected for a full term serves for a period of six years.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n

                Process for Election\/Nomination<\/u><\/strong><\/span><\/span><\/span><\/p>\n

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                • Electoral College:<\/strong><\/span><\/span><\/span>\n
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                  • The representatives of the States and of the Union Territories in the Rajya Sabha are elected by the <\/span><\/span><\/span>method of indirect election.\u00a0<\/strong><\/span><\/span><\/span><\/li>\n
                  • 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 <\/span><\/span><\/span>Electoral College for that Union Territory<\/strong><\/span><\/span><\/span>, as the case may be, in accordance with the system of <\/span><\/span><\/span>proportional representation by means of the single transferable vote.\u00a0<\/strong><\/span><\/span><\/span><\/li>\n
                  • 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 consists of the elected members of the Puducherry Legislative Assembly.\u00a0<\/span><\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n

                    Special Powers of Rajya Sabha<\/u><\/strong><\/span><\/span><\/span><\/p>\n

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                    • Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution.\u00a0<\/span><\/span><\/span><\/li>\n
                    • All the subjects\/areas regarding legislation<\/strong><\/span><\/span><\/span> have been divided into three Lists – Union List, State List and concurrent List.\u00a0<\/span><\/span><\/span>\n