Rajya Sabha - Lecture notes 1 PDF

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Rajya SabhaDespite the fact that the Rajya Sabha has insured that the Parliament will have a bicameral structure, the question of the utility of the second chamber in the Indian political system came up in the Constituent Assembly as well, but there was little debate on the subject. Instead of advoc...

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Rajya Sabha Despite the fact that the Rajya Sabha has insured that the Parliament will have a bicameral structure, the question of the utility of the second chamber in the Indian political system came up in the Constituent Assembly as well, but there was little debate on the subject. Instead of advocating for the second chamber, as was the case with the British, Indians such as Motilal Nehru and Tej Bahadur Sapru's numerous reports advocated in favour of it, but rejecting the American formula of equal representation for all of the states in the House of Representatives. Two theoretical propositions were made in order to determine the utility of the second chamber in the first place. First and foremost, the provision of a second chamber in virtually all of the world's federations prompted the framers to opt for the second chamber on the assumption that it would serve as the custodian of the interests of the units of the federation and maintain the sanctity of the federal system in the United States. As N.Gopalaswamy Ayyanger argued, "[the second chamber was expected] to hold dignified debates on important issues and to delay legislation that might be the result of passions of the moment until passions have subsided and calm consideration can be bestowed on the measures that will be before the Legislature" and to give an opportunity, perhaps to seasoned people who may not be in the thick of the political fray but who may be willing to participate in the legislative process. As a result of these changes, the Rajya Sabha's structure and functions have reneged on their promise to serve as the pivot of Indian federalism, but they have done an outstanding job of fulfilling the framers' aspiration to provide an opportunity for legislative reconsideration in a "slightly cooler" environment. Morris-Jones shows that the Council of States has always justified itself in terms of "second thought" rather than "State rights," and that this has always been the case. Due to its smaller size in comparison to the Lok Sabha (with only 250 members), the Rajya Sabha (also known as the Upper House) was created in order to ensure a higher quality of debate and discussion. It is comprised of twelve members who are nominated by the President for their distinguished

achievements in the fields of literature, science, art, and social service. In addition to other requirements for becoming a member of the House, the maximum age for membership appears to have been raised to thirty years old in order to ensure the maturity of the members of the House. The Rajya Sabha is a House of Representatives that is chosen indirectly by the members of state legislative assemblies and certain union territories in line with the system of proportional representation, using a single transferable vote for a six-year term. As a result, the House of Representatives operates on a permanent basis, with one-third of its members retiring every two years, removing the possibility of a premature dissolution from the equation. Importantly, in order to provide the Vice President with a suitable and dignified functional position, the Constitution provides for him to serve as the Chairperson of the Rajya Sabha, who will be assisted by a Deputy Chairman who will be elected by the members of the Rajya Sabha from among themselves. The irony of the Rajya Sabha's powers and functions is exemplified by the fact that it has a unique place in the Indian political system. Even as its status has been weakened in compared to the Lok Sabha in the guise of ushering in a true era of democracy, some exclusive powers have also been conferred to it in the name of designating it as the keeper of federal elements of the politics. Consequently, despite being ranked lower than the Lower House in matters such as money bills, securing the responsibility of the executive to the legislature, and the passage of a piece of legislation through the joint session of both houses, it is exclusively authorised to adopt a resolution to empower the Parliament to legislate on one or more matters contained in the State List; and pass a resolution for the establishment of one or more All India Services, which the Parl will administer. In keeping with its paradoxical position, the Rajya Sabha's structure and functions have been subjected to criticism for both its defective structure, which makes it weak, and its disproportionate clout in the functioning of India's legislative system. While the provision for nomination of members is criticised as undemocratic and reactionary elements in a democratic polity, the unequal distribution of membership among states based on their population is considered to undermine the logic of the second chamber as a protector of state interests

because the smaller states are not able to protect their interests in the same way as the larger ones do. As a result, the progressive, democratic, and federal credentials of the House of Representatives are called into question. Similarly, critics decry the fact that the Rajya Sabha, which was elected indirectly over a period of six years without reflecting the opinion of the people at any point in time, is capable of blocking the passage of any non-money bill despite the best efforts of the Lok Sabha, and that the provision for joint sittings of the Houses is absurd due to the government's inability to muster sufficient numerical strength in the Lok Sabha. Despite several attacks on its existence and functional viability, the Rajya Sabha appears to have established its roots in the country's political system to the point where it may now be considered to be a part of the basic structure of the Constitution, effectively ruling out any attempts to weaken its position. Significantly, its usefulness is becoming more widely recognised as the character of the political system changes. Some have claimed that the shifts in party positions in Parliament throughout the 1980s have given the Rajya Sabha greater potential as a federal second chamber, and that this potential will only grow in the future as the political system becomes more regionalized and federalized. The Rajya Sabha's role as the chamber to illuminate the visions of members of the other House and provide a scale to the level of discussions taking place in the Parliament has not only been performed well by its members, but the tradition of dignified and responsive debates has been excelled by its illustrious chairpersons such as S. Radhakrishnan, Zakir Hussain, and others who have "given an aura of dignity to the atmosphere of the House by conducting the pro forma Ê MorrisJones points out that, in addition to these traditional functions, the Rajya Sabha has performed three additional useful functions. These are as follows: First and foremost, it creates additional political positions that are increasingly in demand by the political elites of the country; second, it ensures some additional debating opportunities, which are occasionally quite urgent; and third, it aids in the distribution of solutions to the legislative timetable problems that are currently being faced. As a result, the importance of the Rajya Sabha institution has been demonstrated to be fundamental in India's parliamentary system of government....