India has a bicameral legislature. Our Constitution provides that Parliament shall consist of the President and the two Houses known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The power to summon and prorogue either House of Parliament or to dissolve the Lok Sabha vests with the President.
The Rajya Sabha is a permanent House and is not subject to dissolution. However, nearly one-third of its members retire every second year. Being a federal chamber, representing States and Union Territories, the Rajya Sabha occupies a significant place in the parliamentary and constitutional setup of India. Here are a few Frequently Asked Questions (FAQs) that give an insight into the history of the Rajya Sabha as well as its relationship with the Lok Sabha.
History of Rajya Sabha
Answer: The Rajya Sabha was constituted on 3 April, 1952.
Answer: The Rajya Sabha met for the first time on 13 May, 1952.
Answer: It was named Rajya Sabha on 23 August, 1954. The Chairman, Rajya Sabha made an announcement in the House that the Council of States would now be called ‘Rajya Sabha’ in Hindi.
Answer: The first Chairman of Rajya Sabha was Dr. S. Radhakrishnan. He was elected unopposed for two consecutive terms (13.5.1952—12.5.1957 and 13.5.1957—12.5.1962).
Answer: Yes, Shri M. Hamid Ansari who served as the Vice-President of India for two terms.
Answer: The first Deputy Chairman was Shri S. V. Krishnamoorthy Rao. He was also elected unopposed for two consecutive terms (31.5.1952—2.4.1956 and 25.4.1956 — 1.3.1962).
Composition of Rajya Sabha
Answer: The maximum strength of Rajya Sabha is 250 Members, of which 238 are to be elected and 12 are to be nominated by the President of India.
Answer: The number of members varies from State to State. The Fourth Schedule to the Constitution provides for the allocation of seats to various States and Union Territories. The State of Uttar Pradesh has maximum number of members (31). The States of Arunachal Pradesh, Goa, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura have got only 1 member each.
Answer: In total eight members are elected from the Union territories (3 from Delhi, 1 from Puducherry and 4 from Jammu & Kashmir). Other Union territories are not represented in Rajya Sabha.
Answer: The term of a member is six years; but a member elected in a bye-election serves for the remainder of the term of the vacancy caused.
Answer: It is one-tenth of the total members of the House, i.e., 25 members.
Officers of Rajya Sabha
Answer: The Vice-President of India is the ex officio Chairman of Rajya Sabha.
Answer: The Vice-President is elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote.
Answer: The term of office of the Vice-President is five years from the date he enters upon his office.
Answer: The Deputy Chairman is elected by the members of Rajya Sabha from among its members.
Answer: He performs the duties of the office of the Chairman when the office of Chairman is vacant; and during any period when the Vice-President is acting as, or discharging the functions of the President.
Answer: The Chairman, Rajya Sabha nominates six members on the Panel of Vice-Chairmen, one of whom presides over the House in the absence of both the Chairman and the Deputy Chairman. When neither the Chairman nor the Deputy Chairman and none of the Vice-Chairmen is present to preside, the House may choose any other member present to preside.
Answer: The Leader of the House plays an important role in drawing up the programme of official business in the House. Normally, the Prime Minister nominates a Minister who is a member of Rajya Sabha as Leader of the House, but if the Prime Minister himself is a member of Rajya Sabha, he will be the Leader of the House.
Answer: The Salary and Allowances of Leaders of Opposition in Parliament Act of 1977 defines the Leader of the Opposition in relation to either House of Parliament, as a “Member of the Council of States or the House of the People, as the case may be, who is, for the time being, the Leader in that House of the Party in opposition to the Government having the greatest numerical strength and recognized as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.” The Leader of Opposition is accorded statutory recognition and given salary and certain other facilities and amenities under the Act.
Answer: Where there are two or more parties in opposition to the Government, having the same numerical strength, the Chairman, having regard to the status of 3the parties, recognizes anyone of the Leaders of such parties as the Leader of the Opposition and such recognition is final and conclusive.
Answer: The Leader of the Opposition watches for encroachments on the rights of minorities, demands debates when Government is trying to slide away without parliamentary criticism. He must be in his place often and must be familiar with the skills of a parliamentarian and all the opportunities available under the rules of the House.
Answer: The Secretary-General who is an officer of the Rajya Sabha is appointed by the Chairman, Rajya Sabha.
Answer: The Secretary-General has a wide array of functions which include among others, assisting the Presiding Officer in conducting the proceedings of the House by giving them advice and expert opinion; reporting messages from the Lok Sabha about Bills or any other matter to the House; receiving all notices under the rules which are addressed to him; being the custodian of the records of the House; preparing full report of the proceedings of the House and also issuing the List of Business for the day. He does not participate in the debate. He is also the administrative head of the Rajya Sabha Secretariat. Members of Rajya Sabha
Answer: Members of Rajya Sabha are elected by the elected members of the Assemblies of States and Union Territories in accordance with the system of proportional representation by means of a single transferable vote.
Answer: A person should be a citizen of India; be not less than 30 years of age and should possess such other qualifications as may be prescribed by law made by Parliament.
Answer: No. He has to be an elector in a parliamentary constituency anywhere in India.
Answer: There are twelve members who are nominated by the President of India from amongst persons having special knowledge or practical experience in literature, science, art and social service.
Answer: The nominated members of Rajya Sabha have a right to vote in the election of the Vice-President of India but they are not entitled to vote in the election of the President of India.
Answer: The first nominated woman member of the Rajya Sabha was Smt. Rukmini Devi Arundale (1952-56 and 1956-62).
Answer: A Minister who is a member of Lok Sabha has the right to speak in and take part in the proceedings of Rajya Sabha but has no right to vote in Rajya Sabha and vice-versa.
Answer: A person can be disqualified for being chosen as, and for being a member of Rajya Sabha if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;
if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
if he is so disqualified by or under any law made by Parliament; and if he is so disqualified under the Tenth Schedule which provides for disqualification on grounds of defection. The same rules apply for a member of the Lok Sabha.
Answer: If any question arises as to whether a member of the House has become subject to disqualification under Article 102(1) of the Constitution, the question is referred for the decision of the President and his decision is final.
However, before giving his decision on such question the President obtains the opinion of the Election Commission of India and acts according to such opinion. On the other hand, if any question arises as to whether a member of the House has become subject to disqualification under the Tenth Schedule to the Constitution, the question is referred to the Chairman, Rajya Sabha and his decision is final. In the case of Lok Sabha, the question is referred to the Speaker, Lok Sabha and her decision would be final.
Also read: https://www.cseguide.com/indian-polity/
https://sansad.in/rs/faq