Article 80 of the Costitution of India with Case law
Article 80 of the Constitution of India: Composition of the Council of States (Rajya Sabha)
Text of Article 80 (Simplified):
Article 80 deals with the composition of the Rajya Sabha, which is the Council of States, the Upper House of the Indian Parliament.
(1) The Council of States shall consist of—
(a) Twelve members to be nominated by the President for their special knowledge or practical experience in literature, science, art, and social service; and
(b) Not more than 238 representatives of the States and of the Union territories.
(2) The allocation of seats in the Rajya Sabha to each State and Union Territory is provided in the Fourth Schedule of the Constitution.
(3) The representatives of each State and Union Territory in the Rajya Sabha shall be elected by the method of proportional representation by means of the single transferable vote, by the elected members of the State Legislative Assemblies (MLAs).
(4) The twelve nominated members are chosen not through elections but directly nominated by the President of India.
Key Features of Article 80:
| Aspect | Details |
|---|---|
| Total strength | Maximum 250 |
| Elected members | Up to 238 (from States and Union Territories) |
| Nominated members | 12 (by President, for contributions in arts, literature, science, and social service) |
| Voting method | Proportional Representation by Single Transferable Vote (for elected members) |
| Term | 6 years (one-third of members retire every 2 years) |
Important Case Laws Related to Article 80:
1. Kuldip Nayar v. Union of India (2006)
Citation: AIR 2006 SC 3127
Issue: Validity of amendment requiring candidates for Rajya Sabha elections to be domiciled in the State from which they contest.
Held: The Supreme Court upheld the amendment that removed the requirement of domicile. The Court said Parliament has the right to regulate qualifications of Rajya Sabha candidates and the Constitution does not mandate residency for such elections.
Relevance: Clarified the electoral structure of Rajya Sabha and upheld Parliament’s power under Article 80.
2. Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007)
Citation: AIR 2007 SC 146
Context: Concerned expulsion of MPs (including Rajya Sabha) for corruption in the cash-for-query scam.
Held: Parliament has inherent power to expel members for misconduct.
Relevance: Linked to Article 80 as it reaffirmed the powers, privileges, and regulation of Rajya Sabha membership.
3. M. Karunanidhi v. Union of India (1979)
Though not directly on Article 80, the case interpreted legislative privileges and bicameralism, reinforcing the role of Rajya Sabha under the Constitution as a federal chamber representing the States.
Nominated Members in News:
Eminent personalities like Sachin Tendulkar (sports), Rekha (film), Dr. Raghunath Mashelkar (science), and M.S. Swaminathan (agriculture) were nominated under Article 80(1)(a) by the President of India.
Conclusion:
Article 80 defines the federal structure of Indian democracy by ensuring States and Union Territories have a voice in Parliament. The nominated members help bring expertise and diversity into legislative debates. Judicial interpretations have further clarified the flexibility and purpose behind the Rajya Sabha's composition.
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