Rajya Sabha: Seats, Members, Qualification, Elections, Power and Chairman

The Rajya Sabha, or the Council of States constitutes the "Upper House" of India’s bicameral Parliament under Part V (The Union) and Articles 79 to 122 of the Indian Constitution as a cornerstone of Indian federalism, it acts as a permanent chamber that represents the interests of the States and Union Territories at the Union level.

The Rajya Sabha is a deliberative body designed to provide a "second review" of legislation, ensuring that states have a voice and a platform to raise their concerns, that all states' interests and concerns are heard, and that local representation is assured in parliamentary proceedings. 

Rajya Sabha is also known as  "House of Elders" and remains a symbol of continuity in Indian democracy, not subject to dissolution but one-third of its members retire every two years. The Rajya Sabha was constituted on April 3, 1952, with its first sitting on May 13, 1952.

What is Rajya Sabha?

The Rajya Sabha ( the Council of States) is also known as the Upper House of the parliament, the second chamber of the Indian Parliament functioning as a federal house. It is established under Article 79 of the Indian Constitution. 

The Rajya Sabha functions as a permanent chamber that ensures legislative continuity and represents interests of States and Union Territories at the Union level.

It serves as a revising house to provide a second review at legislation, utilizing the expertise of members who must meet a higher minimum age requirement of 30 years. 

Historically, this nomenclature follows the Westminster model, establishing a bicameral structure where the Council of States acts as a check on the directly elected Lower House.

Composition of Rajya Sabha: 

The composition is governed by Article 80 of the Constitution.

• Total Representation: The maximum strength is fixed at 250.

• State-wise Representation: 238 members represent the States and Union Territories. Seats are allocated based on population (Fourth Schedule).

• Nominated Members: The President of India nominates 12 members who have special knowledge or practical experience in Art, Literature, Science, and Social Service.

How Many Seats Are There in Rajya Sabha?

Currently, the Rajya Sabha has 245 seats:

• 233 are representatives of the States and UTs (Delhi, Puducherry, and Jammu & Kashmir).

• 12 are nominated by the President.
  The distribution of seats is detailed in the Fourth Schedule to ensure fair representation for all states.

How Are Rajya Sabha Members Elected?

The election process for the Rajya Sabha is indirect, ensuring it remains a deliberative body of experts and seasoned politicians.

• Elected by: The elected members of the Legislative Assemblies of the States (MLAs).

• Method: Proportional Representation by means of the Single Transferable Vote (STV).

• System: Open Ballot System (introduced in 2003 to ensure transparency).

Qualification to Become a Rajya Sabha Member

Under Article 84 of the Constitution and the Representation of the People Act, 1951, a candidate must:

• Be a Citizen of India.

• Be at least 30 years of age.

• Possess such other qualifications as may be prescribed by Parliament.

• Not hold any office of profit under the Government.

How Are Rajya Sabha Members Elected?

The election process for the Rajya Sabha is indirect, a feature largely borrowed from the Irish Constitution.

Election Procedure For Rajya Sabha Election

• The Electorate: Only the elected members of the State Legislative Assemblies (MLAs) participate in the voting process, Nominated MLAs cannot vote.

• Proportional Representation: The election follows the system of Proportional Representation by means of the Single Transferable Vote (STV).

• Ranking Preferences: On the ballot paper, MLAs do not just vote for one person; they rank candidates in order of preference (1, 2, 3, etc.).

• The Quota System: To win, a candidate must secure a specific "Quota" of first-preference votes. This is calculated using the formula:

• For Single Seat: [Total Number of Votes / (Number of Vacant Rajya Sabha seats + 1)] + 1.

• For Multiple Seats: [Total Number of Votes x 100 / (Total Vacant RS Seats + 1)] + 1.

• Transfer of Votes: If a candidate receives more votes than the quota, the surplus votes are transferred to the second-preference candidates. If seats remain vacant, the candidate with the fewest votes is eliminated, and their votes are redistributed.

• Open Ballot System: Since a 2003 amendment to the Representation of the People Act, 1951, voting is done via an Open Ballot. MLAs must show their marked ballot to their party’s authorized agent to prevent cross-voting.

Tenure of Rajya Sabha Members

• Permanent Body: The House itself never dissolves.

• Individual Term: Each member is elected for a term of 6 years.

• Retirement Cycle: One-third (1/3) of the members retire every second year.