Misplaced Pages

Member of Parliament, Rajya Sabha

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
#556443

50-684: A Member of Parliament in the Rajya Sabha ( abbreviated : MP ) is the representative of the Indian states to one of the two houses of the Parliament of India (Rajya Sabha). Rajya Sabha MPs are elected by the electoral college of the elected members of the State Assembly with a system of proportional representation by a single transferable vote . The Parliament of India is bicameral with two houses; Rajya Sabha ( Upper house i.e. Council of States) and

100-492: A bill passed under simple majority instead of procedure applicable to constitutional amendment or falsely declaring a bill passed. Article 69 of the Constitution of India provides for the oath or affirmation for the office of vice president as follows:- "I, A.B., do swear in the name of God /solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will discharge

150-487: A joint sitting of Parliament. A joint session is chaired by the speaker of the Lok Sabha. Also, because the joint session is convened by the president on the advice of the government, which already has a majority in the Lok Sabha, the joint session is usually convened to get bills passed through a Rajya Sabha in which the government has a minority. Joint sessions of Parliament are a rarity, and have been convened three times in

200-703: A leader of the opposition (LOP) – leading the opposition parties. The function was only recognized in the Salary and Allowances of Leaders of the Opposition in Parliament Act, 1977. This is commonly the leader of the largest non-government party and is recognized as such by the chairman. The Secretariat of the Rajya Sabha was set up under the provisions contained in Article 98 of the Constitution. The said Article, which provides for

250-491: A member of the Rajya Sabha. This difference is because the vice president is to act as the ex officio chairman of the Rajya Sabha. At a time the vice president acts in either of two capacities (i.e. chairman of the Rajya Sabha or vice president of India); he cannot act in both offices simultaneously. The vice president is elected indirectly, by an electoral college consisting of members (elected as well as nominated) of both Houses of Parliament (Lok Sabha & Rajya Sabha), by

300-410: A public notice of the intended election, inviting nomination of candidates. Any person qualified to be elected and intending to stand for election is required to be nominated by at least twenty members of Parliament as proposers, and at least twenty other members of Parliament as seconders. The nomination papers are scrutinized by the returning officer, and the names of all eligible candidates are added to

350-411: A salary in the capacity of the ex officio chairman of the Rajya Sabha, which is currently ₹ 400,000 (US$ 4,800) per month (revised from ₹ 125,000 in 2018). In addition, the vice president is entitled to free furnished residence, medical, travel, and other facilities. The constitution provides that when the vice president acts as the president or discharges the duties of the president, the vice president

400-506: A security deposit of ₹ 15,000 (US$ 180) in the Reserve Bank of India . The Election Commission of India , which is a constitutional autonomous body, conducts the election. The election is to be held no later than 60 days of the expiry of the term of office of the outgoing vice president. A returning officer is appointed for the election, usually the secretary-general of either House of Parliament, by rotation. The returning officer issues

450-409: A separate secretarial staff for each house of Parliament, reads as follows:- 98. Secretariat of Parliament – Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament. (2) Parliament may by law regulate the recruitment and the conditions of service of persons appointed to

500-527: A term of six years A person must satisfy all following conditions to be qualified to become a member of parliament of the Rajya Sabha: A person would be ineligible for being a Member of the Rajya Sabha if the person: Membership in the Rajya Sabha is limited to 250 members, and up to 238 members are elected by the members of all the Vidhan Sabhas (individual state legislatures) and up to 12 are nominated by

550-469: A third of the 233 designates up for election every two years, in even-numbered years. Unlike the Lok Sabha , the Rajya Sabha is a continuing chamber and hence not subject to dissolution. However, the Rajya Sabha, like the Lok Sabha, can be prorogued by the president. The Rajya Sabha has equal footing in legislation with the Lok Sabha, except in the area of supply , where the latter has overriding powers. In

SECTION 10

#1732851313557

600-501: Is Pramod Chandra Mody . In the winter 2019 session, uniforms of Rajya Sabha marshals were restyled from traditional Indian attire comprising turbans to dark navy blue and olive green military-style outfits with caps. Vice president of India The vice president of India ( ISO : Bhārata kē Uparāṣṭrapati ) is the deputy to the head of state of the Republic of India , i.e. the president of India . The office of vice president

650-522: Is 250 (238 elected, 12 appointed) according to article 80 of the Indian Constitution . The current potential seating capacity of the Rajya Sabha is 245 (233 elected, 12 appointed), after the Jammu and Kashmir (Reorganisation) Act. The maximum seats of 250 members can be filled up at the discretion and requirements of the house of Rajya Sabha. Members sit for staggered terms lasting six years, with about

700-413: Is the current vice president. He became vice president after defeating Indian National Congress candidate Margaret Alva in the 2022 Indian vice presidential election . As in the case of the president, to be qualified to be elected as vice president, a person must: Unlike in the case of the president, where a person is a member of the Lok Sabha , the vice president must be qualified for election as

750-486: Is the second-highest constitutional office after the president and ranks second in the order of precedence and first in the line of succession to the presidency . The vice president is also the ex officio chairman of the Rajya Sabha . Article 66 of the Constitution of India states the manner of election of the vice president. The vice president is elected indirectly by members of an electoral college consisting of

800-470: The Council of States , is the upper house of the bicameral Parliament of India . As of 2023 , it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using single transferable votes through open ballots, while the president can appoint 12 members for their contributions to art, literature, science, and social service. The total allowed capacity

850-453: The Lok Sabha ( Lower house i.e. House of the People). Compared to the Lok Sabha , the Rajya Sabha has fewer members and its members have more restricted power. Unlike the Lok Sabha , the Rajya Sabha is a permanent body and cannot be dissolved at any time. However every second year, one third of the members are retired and the vacancies are filled by fresh elections and Presidential nomination at

900-587: The People Act, 1951 . Subject to Article 71 (3) , Parliament has made applicable rules or procedure to petition the Supreme Court for resolving the disputes that arise only during the election process of the vice president but not the doubts that arise from his unconstitutional actions or deeds or changing citizenship during his tenure which may violate the requisite election qualifications. The Supreme Court shall also expeditiously decide any doubt raised by which

950-486: The President for their contributions to art, literature, science, and social services. The strength can be lower than 250: the current one is at 245. (See next section on members.) Rajya Sabha Opposition (112) Others (25) Vacant (14) 28°37′0″N 77°12′30″E  /  28.61667°N 77.20833°E  / 28.61667; 77.20833 The Rajya Sabha ( lit : "States' Assembly"), also known as

1000-451: The Rajya Sabha can only give recommendations for a money bill, but the Rajya Sabha cannot amend a money bill. This is to ensure that the Rajya Sabha must not add any non-money matters to the money bill. There is no joint sitting of both the houses for money bills, because all final decisions are taken by the Lok Sabha. Article 108 provides for a joint sitting of the two houses of Parliament in certain cases. A joint sitting can be convened by

1050-415: The Rajya Sabha for 14 days during which it can make recommendations. Even if the Rajya Sabha fails to return the money bill in 14 days to the Lok Sabha, that bill is deemed to have passed by both houses. Also, if the Lok Sabha rejects any (or all) of the amendments proposed by the Rajya Sabha, the bill is deemed to have been passed by both houses of Parliament in the form the Lok Sabha finally passes it. Hence,

SECTION 20

#1732851313557

1100-602: The Rajya Sabha has powers that protect the rights of States against the Union government. The Constitution empowers the Parliament of India to make laws on the matters reserved for States. However, this can only be done if the Rajya Sabha first passes a resolution by a two-third majority granting such a power to the Union Parliament. The Union government cannot make a law on a matter reserved for States without any authorisation from

1150-501: The Rajya Sabha was to consist of 216 members, of which 12 members were to be nominated by the president and the remaining 204 elected to represent the states. The present sanctioned strength of the Rajya Sabha in the Constitution of India is 250, which can be increased by constitutional amendment. However, the present strength is 245 members according to the Representation of People Act, 1951 , which can be increased up to 250 by amending

1200-402: The Rajya Sabha, and the Lok Sabha (the lower house, House of the People) is more powerful in certain areas. The definition of a money bill is given in Article 110 of the Constitution of India. A money bill can be introduced only in the Lok Sabha by a minister and only on the recommendation of the president of India. When the Lok Sabha passes a money bill then the Lok Sabha sends the money bill to

1250-613: The Rajya Sabha. The Union government reserves the power to make laws directly affecting the citizens across all the States whereas, a single state in itself reserves the power to make rules and governing laws of their region. The Rajya Sabha plays a vital role in protecting the States' culture and interests. The Rajya Sabha, by a two-thirds supermajority, can pass a resolution empowering the Indian government to create more all-India services common to both

1300-638: The act itself, of whom 233 are representatives of the states and union territories and 12 are nominated by the president. The 12 nominated members of the Rajya Sabha are persons who are eminent in particular fields and are well-known contributors in the particular field. 28 (4) 26 (3) 28 (2) 26 (4) 28 (4) 26 (2) 28 (2) 26 (4) 29 (3) 26 (2) 28 (2) 26 (1) 28 (1) 26 (2) 28 (2) 26 (4) 28 (4) 27 (3) 28 (3) 26 (3) 28 (3) 26 (7) 28 (6) 26 (4) 28 (3) 26 (3) 28 (4) 26 (6) 28 (6) 26 (2) 28 (2) 26 (10) 28 (11) 26 (1) 28 (1) 26 (5) 29 (6) 26(1) 28(5) 25 (08) 26 (73) 27 (04) 28 (75) 29 (10) Besides

1350-455: The ballot. The election is held via proportional representation using single transferable votes by secret ballot. Voters stack-rank the candidates, assigning 1 to their first preference, 2 to their second preference, and so on. The number of votes required by a candidate to secure the election is calculated by dividing the total number of valid cast votes by two and adding one to the quotient by disregarding any remainder. If no candidate obtains

1400-472: The beginning of every third year. Broad responsibilities of the members of parliament of Rajya Sabha are: Members of Parliament in the Rajya Sabha enjoy special powers and responsibilities with regard to: Unlike Lok Sabha, Rajya Sabha can not be dissolved and is a permanent body, therefore members usually get chances to serve their full tenure unless they resign or vacate the seat due to death. One third of its members retire every two years. So each member has

1450-401: The case of conflicting legislation, a joint sitting of the two houses can be held, where the Lok Sabha would hold a greater influence because of its larger membership. The vice president of India (currently, Jagdeep Dhankhar ) is the ex-officio chairman of the Rajya Sabha, who presides over its sessions. The deputy chairman , who is elected from amongst the house's members, takes care of

1500-449: The chairman (vice-president of India) and the deputy chairman, there is also a position called leader of the House . This is a cabinet minister – the prime minister if they are a member of the House or another nominated minister. The leader has a seat next to the chairman, in the front row. Besides the leader of the House, who is the government's chief representative in the House, there is also

1550-466: The chairman in the Rajya Sabha cannot be challenged in any court of law per Article 122 The Supreme Court can inquire into and decide on the disputes related to election of the vice president as per Article 71(1) of the constitution. However, the constitution does not mention any specific ground on which the vice president can be removed. There is no provision for the salary of the vice president of India in that capacity. The vice president receives

Member of Parliament, Rajya Sabha - Misplaced Pages Continue

1600-531: The day it is accepted. If the Vice president resigns then the vacant post has to be filled as soon as possible whereas in the case of President, election has to be held within 6 months. All disputes arising in connection with the election of the vice president are petitioned to the Supreme Court of India , which inquires into the matter. The petition is heard by a five-member bench of the Supreme Court, which decides on

1650-543: The day-to-day matters of the house in the absence of the chairman. The Rajya Sabha held its first sitting on 13 May 1952. The Rajya Sabha meets in the eponymous chamber in Parliament House in New Delhi . Since 18 July 2018, the Rajya Sabha has the facility for simultaneous interpretation in all the 22 scheduled languages of India . The Rajya Sabha proceedings are televised live on channel Sansad TV, headquartered within

1700-434: The discharge of their constitutional and statutory responsibilities, the chairman of the Rajya Sabha is assisted by the secretary-general, who holds the rank equivalent to the cabinet secretary to the government of India. The secretary-general, in turn, is assisted by senior functionaries at the level of secretary, additional secretary, joint secretary and other officers and staff of the secretariat. The present secretary-general

1750-407: The duty upon which I am about to enter." The president administers the oath of office and secrecy to the vice president. The vice president holds office for five years. The vice president can be re-elected any number of times. However, the office may be terminated earlier by death, resignation, or removal. The Constitution does not provide a mechanism of succession to the office of vice president in

1800-523: The elected vice president could be ineligible to be a Rajya Sabha member for the unconstitutional acts committed before becoming vice president. Under Article 71(1) , it is the responsibility of the Supreme Court to inquire and decide about the so-called unconstitutional acts committed by the vice president such as turning down the notice of the Rajya Sabha members to impeach the chief justice of India and other judges of Supreme Court and High Courts per Article 124(4) and Judges (Inquiry) Act, 1968 or allowing

1850-602: The election to the electoral college. Thereafter, the returning officer reports the result to the Government of India ( Ministry of Law and Justice ) and the Election Commission of India, and the government publishes the name of the person elected as vice president, in the Official Gazette . The vice president may resign office by submitting a letter of resignation to the president. The resignation becomes effective from

1900-455: The event of an extraordinary vacancy, apart from re-election. However, the deputy chairman of the Rajya Sabha can perform the vice president's duties as the chairman of the Rajya Sabha in such an event. However, when the president dies in office and vice president takes over as president, the vice president can continue serving as the president for a maximum of 6 months within which a new president shall be elected. The Constitution states that

1950-409: The last 71 years, for passage of a specific legislative act, the latest time being in 2002: Unlike the Lok Sabha, members of the Rajya Sabha cannot bring to the house a no-confidence motion against the government. In the Indian quasi-federal structure, the Rajya Sabha is representative of the States and Union territories in the union legislature (hence the name, Council of States). For this reason,

2000-417: The matter. The decision of the Supreme Court is final. The Supreme Court inquires into and decides upon all doubts and disputes arising out of or in connection with the election of the vice president per Article 71(1) of the constitution. The Supreme Court can remove the vice president for committing electoral malpractices or upon being ineligible to be a Rajya Sabha member under the Representation of

2050-478: The members are elected by the state legislature, some small union territories, those without legislatures, cannot have representation. Hence, Andaman and Nicobar Islands , Chandigarh , Dadra and Nagar Haveli and Daman and Diu , Ladakh and Lakshadweep do not send any representatives. Twelve members are nominated by the president. As per the Fourth Schedule to the Constitution of India on 26 January 1950,

Member of Parliament, Rajya Sabha - Misplaced Pages Continue

2100-526: The members of both Houses of Parliament and not the members of state legislative assembly by the system of proportional representation using single transferable votes and the voting is conducted by Election Commission of India via secret ballot. The vice president also acts as the chancellor of the Panjab University and Delhi University. Jagdeep Dhankhar of the Bharatiya Janata Party

2150-453: The premises of Parliament. Article 84 of the Constitution lays down the qualifications for membership of Parliament. A member of the Rajya Sabha must: In addition, twelve members are nominated by the president of India having special knowledge in various areas like arts and science. However, they are not entitled to vote in presidential elections as per Article 55 of the Constitution. The Constitution of India places some restrictions on

2200-418: The president of India when one house has either rejected a bill passed by the other house, has not taken any action on a bill transmitted to it by the other house for six months, or has disagreed with the amendments proposed by the Lok Sabha on a bill passed by it. Considering that the numerical strength of the Lok Sabha is more than twice that of the Rajya Sabha, the Lok Sabha tends to have a greater influence in

2250-410: The required number of first-preference votes, the candidate with the fewest first-preference votes is eliminated and his or her second-preference votes are transferred. The process is repeated until a candidate obtains the requisite number of votes. Nominated members can also participate in the election. After the election has been held and the votes counted, the returning officer declares the result of

2300-532: The secretarial staff of either House of Parliament. The Rajya Sabha Secretariat functions under the overall guidance and control of the chairman. The main activities of the Secretariat inter alia include the following: (i) providing secretarial assistance and support to the effective functioning of the Council of States (Rajya Sabha); (ii) providing amenities as admissible to Members of Rajya Sabha; (iii) servicing

2350-528: The system of proportional representation using single transferable votes and the voting is by secret ballot. The election of the vice president is slightly different from the election of the president as the members of state legislatures are not part of the electoral college but the nominated members of Rajya Sabha are part of it. The nomination of a candidate for election to the office of the vice president must be subscribed by at least 20 electors as proposers and 20 electors as seconders. Every candidate has to make

2400-495: The union and the states. Members of the Rajya Sabha by their political party (as of 11 October 2024 ): Seats are allotted in proportion to the population of each state or union territory . Certain states may even have more representatives than states more populous than them, because in past they too had high population. For example, Tamil Nadu has 18 representatives for 72 million inhabitants (in 2011) whereas Bihar (104 million) and West Bengal (91 million) only have 16. As

2450-497: The various Parliamentary Committees; (iv) preparing research and reference material and bringing out various publications; (v) recruitment of manpower in the Sabha Secretariat and attending to personnel matters; and (vi) preparing and publishing a record of the day-to-day proceedings of the Rajya Sabha and bringing out such other publications, as may be required concerning the functioning of the Rajya Sabha and its Committees. In

2500-411: The vice president can be removed by a resolution of the Rajya Sabha passed by an effective majority (majority of all the then members) and agreed by the Lok Sabha with a simple majority ( Article 67(b) ). But no such resolution may be moved unless at least 14 days notice in advance has been given. Notably, the Constitution does not list grounds for removal. No vice president has ever faced removal or

#556443