The Indian Parliament has two houses, the Lok Sabha and the Rajya Sabha. Lok Sabha is the lower house. According to the Indian Constitution, the maximum number of members of the Lok Sabha can be up to 552. In which 530 members can be from states and 20 members from union territories.In the absence of adequate representation of the Anglo-Indian community in the House, the President of India can nominate two members of this community if he so desires. Presently there are 545 members. The term of the Lok Sabha is 5 years but it can be dissolved prematurely. It is constituted of representatives chosen by direct election by the people on the basis of universal adult suffrage.
Rajya Sabha
Rajya Sabha is the Upper House of the Parliament, which is the symbol of federal government in our country.
The seats of the states for the Rajya Sabha are distributed on the basis of their population.
The Rajya Sabha was first constituted on 3 April 1952.
Composition and Election of Rajya Sabha
In Article 80, provisions have been made regarding the constitution and election of the Rajya Sabha.
According to Article 80 (1) (A) and Article 80 (3), 12 members will be nominated by the President who will be associated with literature, art, science and society.
There is a provision under Article 80 (1) (A) that maximum 238 members for the Rajya Sabha will be from the states and union territories, who will be elected by indirect election method.
Thus, the maximum number of Rajya Sabha is 250 (238+12). In India, the members of Rajya Sabha are not directly elected by the voters.
According to Article 80(4), the elected members of the State Legislature (Legislative Assembly) are to be represented by the system of indirect election by the single transferable vote according to the system of proportional representation, so that minority communities and parties can be represented.
Rajya Sabha does not have representation in other union territories except Delhi and Puducherry.
Duration
According to Article 83 (1), the Rajya Sabha is a permanent house, that is, it is never dissolved and it continues to work continuously.
Generally, in all the countries of the world, the second house has been made permanent house so that democracy can always survive in the country.
According to the law made by the Parliament, the term of the members of the Rajya Sabha is 6 years like the US Senate and after every 2 years 1/3 of the members are retired.
In India, members of the Rajya Sabha can be elected like the US Senate.
Qualification of Rajya Sabha members
Under Article 84, the following should be the qualifications of a Rajya Sabha member –
He should be a citizen of India.
Must have completed 30 years of age.
Other qualifications as may be prescribed by Parliament.
He should be a voter of the parliamentary constituency of the state for which he wants to represent.
Along with this, other qualifications have also been prescribed for the members to be elected.
If he holds any office of profit under the Government.
If he is mad, he is of unsound mind.
If he is insolvent.
If disqualified under any law of Parliament (Article 102)
When disqualification or qualification dispute arises, the matter is placed before the President and the President gives his decision in consultation with the Election Commission and his decision is final (Article 103).
If a member remains absent from all the meetings of the House for more than a period of 7 days without the permission of the House, then the House can declare his seat vacant.
Salary and Allowances of Members of Parliament
Members of each House of Parliament shall be paid such salaries and allowances as Parliament may from time to time by law determine and, until an agreement is made in that behalf, such allowances at such rates and on such conditions as are applicable to members of the Constituent Assembly of the Dominion of India. for the time being in force immediately before the commencement of this Constitution, shall be entitled to receive (Article 106)
Office bearers of Rajya Sabha
Chairman
The President of India is the ex-officio Chairman of Rajya Sabha like America (Article 89).
Ex-officio Chairman means that due to the post of Vice-President, the Chairman of Rajya Sabha gets the post and presides in the house.
When the Chairman (Vice-President) acts as the President, the office of the Chairman of the Rajya Sabha becomes vacant and the duties of the Chairman are performed by the Deputy Chairman.
Deputy Chairman
The Deputy Chairman of the Rajya Sabha is elected by the state from among its members or serves on his post until he is removed by a resolution of all the members of the Rajya Sabha.
Powers of Rajya Sabha
The Rajya Sabha in India is neither very powerful like the American Senate, nor weak like the House of Lords in Britain.
The Rajya Sabha has less powers than the Senate but more powers than the House of Lords.
The Rajya Sabha has powers similar to those of the Lok Sabha in some cases, but less powers than the Lok Sabha in some cases, especially in financial matters.
Areas with equal powers of the Lok Sabha
In the Constitution Amendment Bill case.
Emergency provisions (352, 356, 360).
impeachment and removal of high officials; Like Supreme and High Court Judges, Chief Election Commissioner, Comptroller and Auditor General etc.
Constituencies with less power than Lok Sabha
In financial matters (Money Bill, Cut motion).
Rajya Sabha is weaker than the Lok Sabha in the case of a joint sitting even in the case of a general bill, because on the one hand, the number of members of the Lok Sabha is more, while it is also presided over by the Speaker of the Lok Sabha.
In the case of the executive, because it is responsible to the Lok Sabha
No confidence motion can be brought only in Lok Sabha and not in Rajya Sabha.
Where Rajya Sabha is more powerful than Lok Sabha
It is expedient to create All India Services in the national interest by at least 2/3 majority of the members of Rajya Sabha present and voting (Article 312) such as the Indian Forest Service was formed in 1966 under the All India Services Act, 1951 Gaya |
Declaring a state list subject of national importance – Rajya Sabha can declare a state list subject of national importance by 2/3rd majority. Thereafter the Parliament can make laws on this list for one year (Article 249).
Major Powers of Rajya Sabha
Executive powers
Rajya Sabha and Lok Sabha are associate law making houses.
Both the Houses have equal rights in respect of all other Bills except the Finance Bill.
Ordinary Bills have the same powers as the Lok Sabha.
An ordinary bill can also be proposed in the Rajya Sabha like the Lok Sabha.
Any bill after being approved by one house is sent to the other house for consideration.
After it is passed by both the Houses, the approval of the President is taken on it.
According to Article 108 of the Constitution, if there is a deadlock in both the Houses on a bill, then the President calls a joint meeting of both the Houses and takes a final decision by majority.
After the bill is accepted by one house, if it is not accepted by the other house within 6 months, then a joint session is called.
Administrative powers
The Council of Ministers has been made responsible to the Lok Sabha in the constitution.
(Article 75(3)) The Rajya Sabha does not have any control over the Council of Ministers but it does influence it.
Members of Rajya Sabha can criticize the government and alert it. Any information can be sought from the executive through questions and supplementary questions.
'Stop work motion' can be brought to debate on mandatory administrative matter.
Ministers can participate in the proceedings of the Rajya Sabha even though they are members of it.
Financial powers
The position of Rajya Sabha is weak in financial matters.
Finance Bills cannot be reintroduced in the Rajya Sabha.
After the passage of the Lok Sabha, the Finance Bill is sent to the Rajya Sabha, which has to be returned to the Rajya Sabha with suggestions within 14 days.
It depends on the Lok Sabha to accept or not to accept their suggestions.
If Rajya Sabha does not return its suggestions within 14 days and the Lok Sabha does not accept it, then without the consent of Rajya Sabha, it will be understood that it has been passed in both the Houses.
The Speaker of the Lok Sabha has the sole power to decide whether a bill is a Money Bill or not.
Demands for Grants are not presented to Rajya Sabha.
Constitutional amendment rights
Rajya Sabha participates in the amendment of the constitution.
It is necessary for the amendment to be passed by a majority of the entire membership of each House of the Parliament and by a two-thirds majority of the members present and voting, otherwise the amendment will be proposed.
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