Election to Rajya Sabha
Election to Rajya Sabha (Council of States)
1. Introduction
The Rajya Sabha is the upper house of the Parliament of India.
It represents the States and Union Territories.
Members are not directly elected by the public but by the elected members of the State Legislative Assemblies through a proportional representation system.
Rajya Sabha is a permanent body; one-third of its members retire every two years.
2. Constitutional Provisions
Article 80: Composition of Rajya Sabha.
Article 83(2): Duration of Rajya Sabha.
Article 84: Qualifications for membership of Parliament.
Article 102: Disqualifications.
Article 173: Qualification of members of State Legislatures.
Article 324: Superintendence, direction, and control of elections by the Election Commission of India.
Representation of the People Act, 1951: Procedural and regulatory framework for elections.
3. Composition
The Rajya Sabha consists of 250 members.
238 members are elected by the members of the Legislative Assemblies of States and Union Territories.
12 members are nominated by the President for their expertise in literature, science, art, or social service.
4. Eligibility Criteria
Must be a citizen of India.
Must be at least 30 years old.
Must possess other qualifications as prescribed by Parliament.
Must be registered as an elector in a state or union territory.
5. Electoral Process
A. Electoral College
Composed of elected members of the State Legislative Assemblies (MLAs).
Members of Legislative Councils (where applicable) do not vote.
B. Method of Election
Election is by single transferable vote (STV) system and proportional representation.
Voters rank candidates in order of preference.
The quota for election is determined by:
- Quota=Total valid votesNumber of seats to be filled+1+1\text{Quota} = \frac{\text{Total valid votes}}{\text{Number of seats to be filled} + 1} + 1Quota=Number of seats to be filled+1Total valid votes+1
Candidates achieving the quota on the first count are declared elected.
If seats remain unfilled, the lowest-polling candidates are eliminated, and their votes transferred according to preferences.
C. Term
Members serve a term of six years.
One-third of members retire every two years.
Vacancies arising due to resignation or death are filled by by-elections for the remainder of the term.
6. Role of Election Commission
The Election Commission of India supervises the conduct of Rajya Sabha elections.
It issues notifications, guidelines, and resolves disputes related to these elections.
7. Important Case Laws
1. K. Venkataswami v. Union of India (1952)
The Supreme Court upheld the constitutionality of the proportional representation system with single transferable vote for Rajya Sabha elections.
Held that this system ensures fair representation of minorities.
2. Kihoto Hollohan v. Zachillhu (1992)
Though primarily about anti-defection law, the case recognized that Rajya Sabha members have equal rights with Lok Sabha members, including in terms of disqualification on grounds of defection.
Emphasized the need to maintain the integrity of the electoral process.
3. Rajiv Gandhi v. Election Commission (1995)
Addressed the role of the Election Commission in ensuring free and fair elections.
Affirmed the Commission’s superintendence and control over Rajya Sabha elections.
4. Union of India v. Association for Democratic Reforms (2002)
Though focused on transparency in elections, it led to reforms affecting disclosures by candidates, indirectly impacting Rajya Sabha candidates as well.
8. Disqualification Grounds
Under Tenth Schedule (Anti-Defection Law), members may be disqualified for defection.
Under Section 8 of the Representation of the People Act, 1951, disqualification on grounds of corrupt practices or criminal conviction.
9. Significance
Rajya Sabha elections reflect the federal character of India, representing states at the national level.
The proportional representation system ensures minority parties have a fair chance.
Members play an important role in legislation, oversight, and representing state interests in Parliament.
10. Conclusion
The election to the Rajya Sabha is a unique indirect electoral process that balances representation of various political parties and states. Governed by constitutional provisions and supervised by the Election Commission, it ensures the house remains a permanent and representative chamber of the Indian Parliament.
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