Rajya Sabha

Questions

1. Analyze the constitutional provisions that define the Rajya Sabha’s role in representing states in the federal structure and assess how this contributes to the principles of cooperative federalism.

2. Examine the linkage between the Rajya Sabha’s powers in the amendment of the Constitution and the preservation of the federal structure, evaluating its impact on maintaining the balance of power between the center and states.

3. Assess the constitutional provisions related to the Rajya Sabha’s participation in the removal of judges and key constitutional functionaries, and evaluate its role in ensuring the independence of the judiciary.

4. Analyze the role of the Rajya Sabha in shaping economic policies, particularly in matters of taxation and economic reforms, and assess its impact on fiscal governance and economic development.

5. Examine the constitutional provisions regarding the Rajya Sabha’s role in the declaration of a state of emergency and assess how its powers contribute to parliamentary oversight during such critical situations.

6. Assess the linkage between the Rajya Sabha and the President in matters of national emergencies, examining the role of parliamentary approval and oversight during emergency situations.

7. Analyze the constitutional provisions that empower the Rajya Sabha to participate in the appointment and removal of key officials, such as judges and the Chief Election Commissioner, and assess the impact on the independence of these institutions.

8. Evaluate the role of the Rajya Sabha in addressing social justice issues, particularly in the context of legislation related to reservation policies and affirmative action, and assess its impact on inclusive governance.

9. Examine the constitutional provisions related to the Rajya Sabha’s engagement with international affairs, including ratification of treaties and agreements, and assess how this contributes to India’s global representation and diplomatic strategies.

10. Analyze the role of the Rajya Sabha in addressing contemporary challenges, such as technological advancements and environmental issues, and assess the effectiveness of legislative responses in addressing these concerns.

Composition of CoS

• as per Article 80
• upto 250 members, at present 245
  • 233 from states/UT
  • 12 nominated by Prez
• states have unequal representation
  • based on 1984 population

Qualifications

• citizen of india
• $\ge$ 30 yr age
• affirmation / oath mentioned in 3rd Schedule
• must be qualified acc to RoPA 1951
  • Sec 3 RoPA: candidate must be voter (in any constituency)
• Open ballot
  • $⟹$ Anti Defection Law applies

Tenure

• not mentioned in Constitution, left to Parl to decide
• RoPA 1951: 6 yr tenure, $\frac{1}{3}$ members retire every 2 yr

National Commission to review the working of the Constitution (NCRWC) - Equal representation

• smaller states feel present system discriminatory against them
  • NE States total 14 seats
  • UP alone 31 seats
• US: perfect eg. of federation $\to$ provides equal rep to all states (2 each)
• rep on basis of population turns RS into replica of LS while it was supposed to be away from populist politics of LS and act as chamber of discussion and deliberation

Args against Equal Rep

• may result in greater demand for smaller states leading to ever increasing RS size
• equal rep regardless of population may be discriminatory against larger states

See also:

• Lok Sabha
• Parliament