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Name: The Rajya Sabha: India's Upper House and Guardian of Federalism

The Rajya Sabha, or the Council of States, is the upper house of the Parliament of India. It is an essential check on the power of the lower house, the Lok Sabha. The Rajya Sabha was intended to serve as a "safety valve" for India's federal structure, representing the interests of the states and union territories when it was established by the drafters of the Indian Constitution.

When the Indian Constitution went into force on January 26, 1950, the first Rajya Sabha was founded. It was designed to accommodate no more than 250 participants.

Its members fall into two different categories:

Elected Members: These members represent the states and union territories of India. State legislatures conduct indirect elections using a system of proportional representation with single transferable votes. This ensures representation for regional parties and diverse political ideologies.

Nominated Members: The President of India nominates a maximum of 12 members with distinguished expertise in art, literature, science, and social service. These nominations aim to bring in eminent individuals who can enrich parliamentary discussions with their specialized knowledge.

The members of the Rajya Sabha are elected by the elected members of state legislative assemblies using the system of proportional representation with the single transferable vote. Unlike the Lok Sabha, the Rajya Sabha is a permanent house and is not subject to dissolution. Members of the Rajya Sabha serve a fixed term of six years. One-third of its members retire every two years, with their seats filled by newly elected representatives.

Roles and Responsibilities: Bills passed by the Lok Sabha must be approved by the Rajya Sabha to become law (except for Money Bills, which are the exclusive domain of the Lok Sabha). The Rajya Sabha can recommend amendments to Bills, which the Lok Sabha may consider. In case of disagreement, a joint sitting of both houses can be convened to resolve the issue.

Financial Matters: The Rajya Sabha cannot originate Money Bills but can discuss and make recommendations on them. It has control over non-financial aspects of the Union Budget.

Special Powers: The Rajya Sabha enjoys certain exclusive powers. It can initiate and pass resolutions on issues of national importance. Furthermore, it plays a crucial role in the impeachment of the President and the removal of the Vice President.

State Matters: The Rajya Sabha serves as a forum for discussing issues concerning states and union territories. It can also create or abolish All-India Services and alter the boundaries of states with the consent of the affected states.

Constitutional Amendments: Constitutional amendments in India require a two-thirds majority in both houses of Parliament. The Rajya Sabha, therefore, has a significant say in shaping the nation's legal framework.

The Rajya Sabha was envisioned as a revisionary house, tasked with reviewing and evaluating legislation passed by the Lok Sabha. This role is particularly important when the ruling party has a brute majority in the lower house, as the Rajya Sabha can prevent the government from exercising authoritarianism.

In addition to its legislative responsibilities, the Rajya Sabha functions as a deliberative body, enabling members to debate issues of national importance. This role is crucial in providing a platform for diverse perspectives and ensuring that the lawmaking process is informed by robust discussion.

Representing Vulnerable Sections:

The Rajya Sabha also serves as a means of representation for marginalized and underrepresented sections of society, such as religious, gender, ethnic, and linguistic minorities. The indirect method of election to the upper house provides these groups with a chance to participate in the nation's lawmaking process.

Special Powers:

The Rajya Sabha enjoys several special powers that set it apart from the Lok Sabha. These include the ability to:

  • Pass a resolution declaring a subject of the State List as a matter of national importance, empowering the Union Parliament to legislate on it for a period of one year.
  • Create or abolish All-India Services by passing a resolution supported by a two-thirds majority.
  • Impeach the President of India on charges of violation of the Constitution.
  • Remove judges of the Supreme Court or High Courts.

Electoral Responsibilities

The Rajya Sabha members, along with their Lok Sabha counterparts and state legislative assemblies, also play a role in electing the President and Vice President of India. The allocation of Rajya Sabha seats is based on the population of states, leading to an unequal representation of states.

The Rajya Sabha, as the upper house of the Indian Parliament, plays a crucial role in preserving the federal character of the Indian polity and providing a platform for diverse voices and perspectives. While it has faced various challenges and criticisms over the years, the Rajya Sabha remains an essential component of India's parliamentary democracy, serving as a guardian of the Constitution and a safeguard against the potential excesses of the executive and the Lok Sabha. As India's democracy continues to evolve, the Rajya Sabha must adapt and strengthen its role to ensure that the interests of the states and the people are effectively represented at the national level.

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