Rajya Sabha:: Composition, Functions and Powers of The Rajya Sabha

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Rajya Sabha:

Composition, Functions and Powers of the Rajya Sabha


Background
• The ‘Council of States’ which is also known as Rajya Sabha, a
nomenclature that was announced by the chair in the House on the
23rd August, 1954 has its own distinctive features.
• Montague-Chelmsford Report of 1918.
• The Government of India Act, 1919 provided for the creation of a
‘Council of State’ as a second chamber of the then legislature with a
restricted franchise which actually came into existence in 1921.
• The Governor-General was the ex-officio President of the then
Council of State.
• Continue-The Government of India Act, 1935.
• The Constituent Assembly, which first met on 9 December 1946, also
acted as the Central Legislature till 1950, when it was converted as
‘Provisional Parliament’.
• During this period, the Central Legislature which was known as
Constituent Assembly (Legislative) and later Provisional Parliament
was unicameral till the first elections were held in 1952.
• Dr.Sarvepalli Radhakrishnan was the first chairman of Rajya Sabha
from 13.5.1952 to 12.5.1957
• A second chamber, was created with altogether different composition
and method of election from that of the directly elected House of the
People.
Introduction
Rajya Sabha:
• The Rajya Sabha, i.e., the Council of States, is the Upper House of the
Union Parliament.
• It gives representation to the States of the India.
• However, the states do not enjoy an equal representation in the Rajya
Sabha.
• These have been given representations on the basis of the size of their
populations.
I. Composition of the Rajya Sabha: Art. 80
Clause 1: maximum strength - 250
nominated – 12
representatives of the States and UTs- 238
• Article 80(3) persons having special knowledge or practical
experience in respect of such matters as literature, science, art and
social service.
• At present, the Rajya Sabha has 245 members 233 (229+4)elected and
12 nominated.
• Members of each State Legislative Assembly, together elect their
allotted number of MPs for Rajya Sabha.
Allocation of Seats
• The Fourth Schedule to the Constitution provides for allocation of
seats to the States and Union Territories in Rajya Sabha.
• The allocation of seats is made on the basis of the population of each
State.
• Consequent on the reorganization of States and formation of new
States, the number of elected seats in the Rajya Sabha allotted to
States and Union Territories has changed from time to time since
1952.
Year Elective Members Total*
1952 204 216

1954 207 219

1956 220 232

1960 224 236

1964 226 238

1966 228 240

1972 231 243

1976 232 244

1987 233 245

Till date 233 245


Si No Name of State Seats of Rajya Sabha
1 Andhra Pradesh 11
2 Arunchal Pradesh 1
3 Assam 7
4 Bihar 16
5 Chhattisgarh 5
6 Goa 1
7 Gujarat 11
8 Haryana 5
9 Himachal Pradesh 3
10 Jammu and Kashmir 4
11 Jharkhand 6
12 Karnataka 12
13 Kerala 9
14 Madhya Pradesh 11
15 Maharashtra 19
16 Manipur 1
17 Meghalaya 1
18 Mizoram 1
19 Nagaland 1
20 Odisha 10
21 Punjab 7
22 Rajasthan 10
23 Sikkim 1
24 Tamil Nadu 18
25 Telangana# 7
26 Tripura 1
27 Uttarakhand 3
28 Uttar Pradesh 31
29 West Bengal 16
30 NCT of Delhi 3
31 Puducherry 1
Total 233 *
1. Representation of States
• The 229 representatives of states in the Rajya Sabha are elected by the
elected members of state legislative assemblies.
• The election is held in accordance with the system of proportional
representation by means of the single transferable vote.
• The seats are allotted to the states in the Rajya Sabha on the basis of
population. Hence, the number of representatives varies from state to
state.
• However, in USA, all states are given equal representation in the
Senate irrespective of their population.
• USA has 50 states and the Senate has 100 members—2 from each
state.
2. Representation of Union Territories
• The 4 representatives of union territory in the Rajya Sabha are indirectly
elected by members of an electoral college specially constituted for the
purpose.
• This election is also held in accordance with the system of proportional
representation by means of the single transferable vote.
• Out of the seven union territories, only two (Delhi 3 and Puducherry 1)
have representation in Rajya Sabha.
• The populations of other five union territories are too small to have any
representative in the Rajya Sabha.
3. Nominated Members
• The president nominates 12 members to the Rajya Sabha from people who
have special knowledge or practical experience in art, literature, science
and social service.
• The rationale behind this principle of nomination is to provide eminent
persons a place in the Rajya Sabha without going through the process of
election.
Eligibility
II. Qualifications- Article 84
• he must be a citizen of India and
• oath or affirmation according to the Third Schedule to the
Constitution;
• he must be not less than 30 years of age;
• he must possess such other qualifications as may be prescribed in
that behalf by or under any law made by Parliament.
• Now any person residing in any part of India can contest election to
the Rajya Sabha from any state.
• For this purpose residence of the concerned state is not essential.
Disqualifications
• Article 102 of the Constitution lays down Certain condition that a
person shall be disqualified for being chosen as, and for being, a
member of either House of Parliament.
• If he is so disqualified by or under any law made by Parliament.
• Besides, the Tenth Schedule to Constitution provides for
disqualification of the members on ground of defection.
III. Process for Election/Nomination
Electoral College:
• The representatives of the States and of the Union Territories in the
Rajya Sabha are elected by the method of indirect election.
• The representatives of each State and two Union territories are elected
by the elected members of the Legislative Assembly of that State and
by the members of the Electoral College for that Union Territory, as
the case may be, in accordance with the system of proportional
representation by means of the single transferable vote.
• The Electoral College for the National Capital Territory of Delhi
consists of the elected members of the Legislative Assembly of Delhi,
and that for Puducherry consists of the elected members of the
Puducherry Legislative Assembly.
Biennial/Bye-election
• Rajya Sabha is a permanent House and is not subject to dissolution.
• However, one-third Members of Rajya Sabha retire after every second
year.
• A member who is elected for a full term serves for a period of six
years.
• The election held to fill a vacancy arising otherwise than by
retirement of a member on the expiration of his term of office is called
‘Bye-election’.
• A member elected in a bye-election remains member for the
remainder of the term of the member who had resigned or died or
disqualified to be member of the House under the Tenth Schedule.
IV. Tenure:
• The Rajya Sabha is a permanent House.
• It is not subject to dissolution as a whole.
• One third of its members retire after every two years and elections are
held only for the vacant seats.
• The tenure of each member of the Rajya Sabha is six years.
V. Sessions:
• The President convenes the sessions of the Rajya Sabha usually along
with the sessions of the Lok Sabha or whenever he feels it necessary.
• However, there cannot be a gap of more than six months within the
two sessions of the Rajya Sabha.
• The President can call a special session of Rajya Sabha for getting
approved an emergency declaration at a time when Lok Sabha stands
dissolved.
VI. Quorum for the Meetings of Rajya Sabha:
• The quorum for the meetings of Rajya Sabha is 1/10th of its members.
• It means that at least 1/10th of the members of the Rajya Sabha must
be present for carrying out the work of the House.
VII. Privileges of Members:
• The members of the Rajya Sabha enjoy several privileges.
• They enjoy unrestricted freedom to express their views in the House.
• He action can be taken against them for anything said by them in the
House.
• They cannot be arrested for any civil offence during, and 40 days
before and after the session of the Rajya Sabha.
• For protecting the privileges of the members of the House, the
Committee on Privileges has been in existence since the inception of
the Rajya Sabha.
VIII. Presiding Officers - Chairman and Deputy Chairman
• The Presiding Officers of Rajya Sabha have the responsibility to
conduct the proceedings of the House.
• The Vice-President of India is ex-officio Chairman of Rajya Sabha.
• He is not a member of the House
• Rajya Sabha also chooses from amongst its members, a Deputy
Chairman.
• There is also a Panel of Vice-Chairmen in Rajya Sabha, the members
of which are nominated by the Chairman, Rajya Sabha.
• In the absence of the Chairman and Deputy Chairman, a member from
the Panel of Vice-Chairmen presides over the proceedings of the
House.
Secretary-General
• The Secretary-General is appointed by the Chairman of Rajya Sabha
and holds rank equivalent to the highest civil servant of the Union.
• The Secretary-General works with anonymity and is readily available
to the Presiding Officers for rendering advice on parliamentary
matters.
• The Secretary-General is also the administrative head of the Rajya
Sabha Secretariat and the custodian of the records of the House.
• He works under the direction and control of the Chairman, Rajya
Sabha.
Chairman of Rajya Sabha
• The presiding officer of the Rajya Sabha is known as the Chairman.
• The vice-president of India is the ex-officio Chairman of the Rajya
Sabha.
• During any period when the Vice-President acts as President or
discharges the functions of the President, he does not perform the
duties of the office of the Chairman of Rajya Sabha.
• The Chairman of the Rajya Sabha can be removed from his office only
if he is removed from the office of the Vice-President.
• As a presiding officer, the powers and functions of the Chairman in
the Rajya Sabha are similar to those of the Speaker in the Lok Sabha.
• However, the Speaker has two special powers which are not enjoyed
by the Chairman:
• 1. The Speaker decides whether a bill is a money bill or not and his
decision on this question is final.
• 2. The Speaker presides over a joint sitting of two Houses of
Parliament.
• Unlike the Speaker (who is a member of the House), the Chairman is
not a member of the House.
• But like the Speaker, the Chairman also cannot vote in the first
instance.
• He too can cast a vote in the case of an equality of votes.
• The Vice-President cannot preside over a sitting of the Rajya Sabha as
its Chairman when a resolution for his removal is under consideration.
• However, he can be present and speak in the House and can take part
in its proceedings, without voting, even at such a time (while the
Speaker can vote in the first instance when a resolution for his removal
is under consideration of the Lok Sabha).
• As in case of the Speaker, the salaries and allowances of the Chairman
are also fixed by the Parliament.
• They are charged on the Consolidated Fund of India and thus are not
subject to the annual vote of Parliament.
• During any period when the Vice-President acts as President or
discharges the functions of the President, he is not entitled to any
salary or allowance payable to the Chairman of the Rajya Sabha.
• But he is paid the salary and allowance of the President during such a
time
Deputy Chairman of Rajya Sabha
• The Deputy Chairman is elected by the Rajya Sabha itself from
amongst its members.
• Whenever the office of the Deputy Chairman falls vacant, the Rajya
Sabha elects another member to fill the vacancy.
• The Deputy Chairman vacates his office in any of the following three
cases:
• 1. if he ceases to be a member of the Rajya Sabha;
• 2. if he resigns by writing to the Chairman; and
• 3. if he is removed by a resolution passed by a majority of all the
members of the Rajya Sabha. Such a resolution can be moved only
after giving 14 days’ advance notice.
• The Deputy Chairman performs the duties of the Chairman’s office
when it is vacant or when the Vice-President acts as President or
discharges the functions of the President.
• He also acts as the Chairman when the latter is absent from the sitting
of the House.
• In both the cases, he has all the powers of the Chairman.
• It should be emphasised here that the Deputy Chairman is not
subordinate to the Chairman.
• He is directly responsible to the Rajya Sabha.
• Like the Chairman, the Deputy Chairman, while presiding over the
House, cannot vote in the first instance; he can only exercise a casting
vote in the case of a tie.
• Further, when a resolution for the removal of the Deputy Chairman is
under consideration of the House, he cannot preside over a sitting of
the House, though he may be present.
• When the Chairman presides over the House, the Deputy Chairman is
like any other ordinary member of the House.
• He can speak in the House, participate in its proceedings and vote on
any question before the House.
• Like the Chairman, the Deputy Chairman is also entitled to a regular
salary and allowance.
• They are fixed by Parliament and are charged on the Consolidated
Fund of India.
Panel of Vice-Chairpersons of Rajya Sabha
• Under the Rules of Rajya Sabha, the Chairman nominates from
amongst the members a panel of vice chairpersons. 6 members
• Any one of them can preside over the House in the absence of the
Chairman or the Deputy Chairman.
• He has the same powers as the Chairman when so presiding.
• He holds office until a new panel of vice-chairpersons is nominated.
• When a member of the panel of vice-chairpersons is also not present,
any other person as determined by the House acts as the Chairman.
• It must be emphasised here that a member of the panel of
vice-chairpersons cannot preside over the House, when the office of
the Chairman or the Deputy Chairman is vacant.
• During such time, the Chairman’s duties are to be performed by such
member of the House as the president may appoint for the purpose.
• The elections are held, as soon as possible, to fill the vacant posts.
• Secretariat of Parliament Each House of Parliament has separate
secretarial staff of its own, though there can be some posts common to
both the Houses.
• Their recruitment and service conditions are regulated by Parliament.
The secretariat of each House is headed by a secretary-general.
• He is a permanent officer and is appointed by the presiding officer of
the House.
LEADERS IN Rajya Sabha
Leader of the House
• He is a minister and a member of the Rajya Sabha and is nominated by the
prime minister to function as such.
• The leader of the house in either House is an important functionary and
exercises direct influence on the conduct of business.
• The same functionary in USA is known as the ‘majority leader’.
Leader of the Opposition (LOP)
• The office of the Leader of the Opposition in a legislature is of great public
importance. Its importance emanates from the central role accorded to the
Opposition in a parliamentary democracy.
• The role of the Leader of the Opposition, in fact, is more difficult as he has
to criticize, find fault and present alternative proposals/policies with no
power to implement them. He has, thus, to perform a special responsibility
to Parliament and to the nation.
Powers and Functions of the Rajya Sabha:
1. Legislative Powers:
• In the sphere of ordinary law-making the Rajya Sabha enjoys equal
powers with the Lok Sabha.
• An ordinary bill can be introduced in the Rajya Sabha and it cannot
become a law unless passed by it.
• In case of a deadlock between the two Houses of Parliament over an
ordinary bill and if it remains unresolved for six months, the President
can convene a joint sitting of the two Houses for resolving the
deadlock.
• This joint sitting is presided over by the Speaker of the Lok Sabha.
• If the bill is passed in the joint sitting, it is sent to the President for his
signatures. But if the deadlock is not resolved, the bill is deemed to
have been killed.
2. Financial Powers:
• In the financial sphere, the Rajya Sabha is a weak House.
• A money bill cannot be first introduced in the Rajya Sabha. It can be
initiated only in the Lok Sabha.
• A money bill passed by the Lok Sabha comes before the Rajya Sabha
for its consideration. However, if within a period of 14 days, the Rajya
Sabha fails to pass the bill, the bill is taken to have been passed by the
Parliament irrespective of the fact whether the Rajya Sabha has passed
it or not.
• If the Rajya Sabha proposes some amendments and the bill is returned
to the Lok Sabha, it depends upon the Lok Sabha to accept or reject
the proposed amendments.
3. Executive Powers:
• “The Union Council of Ministers is collectively responsible before the
Lok Sabha and not the Rajya Sabha.”
• Lok Sabha alone can cause the fall of the Council of Ministers by
passing a vote of no-confidence.
• Although the Rajya Sabha cannot remove the Ministry from its office
yet the members of the Rajya Sabha can exercise some control over
the ministers by criticising their policies, by asking questions and
supplementary questions, and by moving adjournment motions.
• Some of the ministers are also taken from the Rajya Sabha. Now the
Prime Minister can also be from Rajya Sabha if the majority party in
the Lok Sabha may elect/adopt him as its leader.
4. Amendment Powers:
• Rajya Sabha and Lok Sabha can together amend the constitution by
passing an amendment bill with 2/3 majority in each House.
5. Electoral Powers:
• The Rajya Sabha has some electoral powers also.
• The elected members of the Rajya Sabha along with the elected
members of the Lok Sabha and all the State Legislative Assemblies
together elect the President of India.
• The members of the Rajya Sabha Lok Sabha together elect the Vice-
President of India. Members of the Rajya Sabha also elect a Deputy
Chairman from amongst themselves.
6. Judicial Powers:
• (a) The Rajya Sabha acting along with the Lok Sabha can impeach the
President on charges of violation of the Constitution.
• (b) The Rajya Sabha can also pass a special address for causing the
removal of a judge of the Supreme Court or of any High Court.
• (c) The charges against the Vice-President can be leveled only in the
Rajya Sabha.
• (d) The Rajya Sabha can pass a resolution for the removal of some
high officers like the Attorney General of India, Comptroller and
Auditor General and Chief Election Commissioner.
7. Miscellaneous Powers:
• The Rajya Sabha and Lok Sabha jointly perform the following
functions:
• (a) Approval of the ordinances issued by the President,
• (b) Ratification of an emergency proclamation,
• (c) Making any change in the jurisdiction of the Supreme Court and
the High Courts, and
• (d) Making any change in the qualifications for the membership of the
Lok Sabha and the Rajya Sabha.
• 16, - Domicile
• 246, - Union list
• 247, - Establish additional courts
• 248, - Residuary powers,
• 249, - State list
• 250, - National Emergency
• 252, - Two or more state request
• 253, International Treaty
• 262, - Interstate river water dispute settlement tribunal
• 302, - Impose restriction on trade and commerce
• 304, - Scarcity of any good
• 307, - Interstate commerce commission
Other Issues
• Ministers may belong to either House of Parliament.
• The Constitution does not make any distinction between the Houses in
this regard.
• Every Minister has the right to speak and take part in the proceedings
of either House but he is entitled to vote only in the House of which he
is a member.
• Similarly, with regard to powers, privileges and immunities of the
Houses of Parliament, their members and committees thereof, the two
Houses are placed absolutely on equal footing by the Constitution.
• Other important matters in respect of which both Houses enjoy equal
powers are election and impeachment and removal of the President,
election of the Vice-President, approving the Proclamation of
Emergency, the proclamation regarding failure of constitutional
machinery in States and financial emergency.
• In respect of receiving reports and papers from various statutory
authorities, etc., both Houses have equal powers.
• It is thus clear that except in the case of collective responsibility of
the Council of Ministers and certain financial matters, which fall in the
domain of Lok Sabha only, both Houses enjoy equal powers.
8. Two Special Powers of Rajya Sabha.
• (i) The Power to declare a subject of State List as a subject of
National Importance: Article 249
• Rajya Sabha being a federal chamber enjoys certain special powers
under the Constitution.
• All the subjects/areas regarding legislation have been divided into
three Lists - Union List, State List and concurrent List.
• Union and State Lists are mutually exclusive - one cannot legislate on
a matter placed in the sphere of the other.
• The Rajya Sabha can pass a resolution by 2/3rd majority of its
members for declaring a State List subject as a subject of national
importance.
• Such a resolution empowers the Union Parliament to legislate on such
a state subject for a period of one year. Such resolutions can be
repeatedly passed by the Rajya Sabha.
• However, if Rajya Sabha passes a resolution by a majority of not less
than two-thirds of members present and voting saying that it is
“necessary or expedient in the national interest” that Parliament should
make a law on a matter enumerated in the State List, Parliament
becomes empowered to make a law on the subject specified in the
resolution, for the whole or any part of the territory of India.
• Such a resolution remains in force for a maximum period of one year
but this period can be extended by one year at a time by passing a
similar resolution further.
(ii) Power in respect of Creation or Abolition of an All India
Service: Article 312.
• The Rajya Sabha has the power to create one or more new All India
Services.
• It can do so by passing a resolution supported by 2/3rd majority on the
plea of national interest.
• In a similar way, the Rajya Sabha can disband an existing All India
Service.
• If Rajya Sabha passes a resolution by a majority of not less than
two-thirds of the members present and voting declaring that it is
necessary or expedient in the national interest to create one or more
All India Services common to the Union and the States, Parliament
becomes empowered to create by law such services.
Proclamations in the event of national emergency
• Under the Constitution, the President is empowered to issue
Proclamations in the event of national emergency, in the event of
failure of constitutional machinery in a State, or in the case of
financial emergency.
• Every such proclamation has to be approved by both Houses of
Parliament within a stipulated period.
• Under certain circumstances, however, Rajya Sabha enjoys special
powers in this regard.
• If a Proclamation is issued at a time when Lok Sabha has been
dissolved or the dissolution of Lok Sabha takes place within the period
allowed for its approval, then the proclamation remains effective, if
the resolution approving it is passed by Rajya Sabha within the period
specified in the Constitution under articles 352, 356 and 360.
Relation between the two Houses
• Apparently parity to both the Lok Sabha and Rajya Sabha has been
accorded in the legislative domain. Hence the participation and
collaboration of both the Houses of the Parliament is indispensable for
all legislative activities.
• Yet the Constitution has recognized superiority of the House of the
People (Lok Sabha) over the Council of the States (Rajya Sabha) in
some other specified matters which are as follows:
• Under article 75(3) of the Constitution, the Council of Ministers is
collectively responsible to Lok Sabha which means Rajya Sabha
cannot make or unmake the Government.
• It can, however, exercise control over the Government and this
function becomes quite prominent, particularly when the
Government does not enjoy majority in Rajya Sabha.
• To resolve a deadlock between the two Houses, in case of an ordinary
legislation, the Constitution provides for the joint sitting of both
Houses.
• In fact, there have been three occasions in the past when the Houses of
Parliament had met in joint sitting to resolve differences between
them.
• Issues in joint sitting are decided by a majority of the total number of
members of both Houses present and voting.
• The joint sitting is held in the Central Hall of Parliament House
presided over by the Speaker, Lok Sabha.
• However, in the case of a Money Bill, there is no provision in the
Constitution for a joint sitting of both Houses as Lok Sabha clearly
enjoys pre-eminence over Rajya Sabha in financial matters.
• As regards a Constitution amendment Bill, it has been provided in the
Constitution that such a Bill has to be passed by the specific majority,
as prescribed under article 368 of the Constitution, by both Houses.
• There is, therefore, no provision for resolving a deadlock between the
two Houses in regard to a Constitution amendment Bill.
• (i) The control over Executive establishes superiority of the House
over the Council, beyond any doubt. As already discussed in the
preceding pages, the Council of Ministers is collectively as well as
individually responsible to the Lok Sabha. The Rajya Sabha can seek
information regarding matters connected with the governments’
activities on the floor of the Houses but it cannot pass a motion of
censure against the government of the day on that account. “The
confidence of the Parliament means the confidence of the House of the
People (Lok Sabha) and the responsibility of the Executive means
responsibility to the House of the People.”
• (ii) The power of the Rajya Sabha with regard to Money bill is almost
insignificant.
• Every Money-bill is to be initiated in the lower House. The Upper
House can detain the Money bill only for a period of fourteen days.
Though the Rajya Sabha is not altogether prevented from scrutinizing
Money bills, yet its power is only of an advisory type. The lower
House in fact has the final say in the financial matters.
• (iii) As regards the non- money bills, the powers of the two Houses are
co-equal and co-ordinate. Even in legislation concerning constitutional
amendments, the extent of the Rajya Sabha’s power is the same as that
of the lower House. The Rajya Sabha is fully authorized to amend or
reject a bill passed by the lower House. If the House does not approve
the amendments effected, or rejection is made by the Rajya Sabha, the
contested measure is placed before a joint session of both the Houses
and passed by a majority vote.
• Since the total membership of the House is more than double to that of
the Rajya Sabha, the will of the former will prevail.
• Thus unlike its counterpart in the U.S.A. i.e., the Senate, the Rajya
Sabha has comparatively much less powers. It can at the most detain
the non-money bills for six months.
• A critical analysis of the above-quoted facts makes it crystal clear that
the Constitution recognizes the supremacy of the Lok Sabha over the
Rajya Sabha in certain matters but not in all.
• The co-equal powers of the two Houses regarding the constitutional
amendment are, of course, of importance.
• It reveals that the Constitution is not amendable unless the Rajya
Sabha, as the custodian of the interests of the individual states agrees
to such an amendment.
• Besides, two other provisions confer upon the Rajya Sabha powers in
its own right and to the exclusion of the House. Under Article 249, by
majority of its total and 2/3rd of its members present and voting, it is
authorized to proclaim that a particular matter included in the State list
is of national importance and hence the Parliament should make laws
regarding that subject. On the passing of such a resolution, the
Parliament is legally authorized to make laws with regard to that
subject for the whole or any part of India for a period of one year.
• Article 312 vests with the Rajya Sabha an exclusive power of setting
up an All-India Services by a resolution, supported by not less than
2/3rd of its members present and voting. Thus, a law is passed which
provides for the creation of one or more all-India services common to
the Union and the States and also regulates the recruitment and
conditions of service of persons appointed to any such service.
• Evidently, in both the above cases, the lower Houses come into the picture
only after the upper House has acted. In other words, the upper House
matters the most under the above-mentioned two contingencies. It is thus
not merely an ornamental structure or a non-essential adjunct. It was not
designed to play a second fiddle to the lower House.
• Its small and compact size, its representative and permanent character, its
having number of seasoned elder statement has enabled the Rajya Sabha to
establish itself not only as a glamorous House like House of Lords in U.K.
but also act as a revisory and effective chamber .
• However, it would not be in position to claim parity with the lower House so
far as legislative, financial and executive powers are concerned. In the
words of Dash, “…………………. the Indian Parliament has maintained a
balance between the two Houses and it is not possible for the lower chamber
to override the Rajya Sabha in any matter other than financial
legislation…Both in normalcy and in emergency, the Lok Sabha must carry
the Rajya Sabha with it if it means to organize a smooth administration for
the country”.
Position of the Rajya Sabha:
• A study of the powers of the Rajya Sabha leads us to the conclusion
that it is neither a very weak house like the British House of Lords nor
a very powerful house as the American Senate.
• Its position is somewhat mid-way between the two.
• It has been less powerful than Lok Sabha but it has been not a very
weak or insignificant House.
• Since 1950, the Rajya Sabha has been using its powers and functions
in accordance with the provisions of the Constitution and performing
its due role as the second House of Union Parliament.
Sources:
• Indian Government and Politics by Peu Ghosh
• Our Parliament by Subhash Kashyap
• Indian Government and Politics by Chakrabarty and Pandey
• Introduction to the constitution of India by D.D. Basu
• Indian Polity by M. Laxmikanth

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