Constitutional
provisions
Paliament conit of the Preident and the two House-the Council of
State and the House of the People. While the two houe continue to be recognized
by thee name in the Contitution, they ar inactual practice known respectively
as the Rajya Sabha and the Lok Sabha.
On 14 May 1954, the Speaker, Lok
Sabha, announced that the House of the People would thereafter be known as Lok
Sabha. On 23 August 1954, the Chairman, Rajya Sabha, made the following announcement.
With the concurrence of the Prime Minister an the Leader of the Council. I have
decidd that the Council of States will be called Rajya Sabha and its Secretariat
the Rajya Sabha Secretariat.
Dr. Radha Kumud Mookerji, the historian
member, however, suggested that the Council of States should be aptly called Rashtra
Sabha.
The maximum strength of the Rajya Sabha is 250 out of which 12
members are nominated by the President and 238 are representatives of the States
and of the Union territories. The member nominated by the President are persons
having special knowledge or practial experience in respect of such maters as literature,
science, art and social service. The allocation of seats to be filled by representatives
of States and the Union territories is laid down in the Fourth Schedule to the
Constitution. The representatives of States are elected by the elected members
of the Legislative Assemblies of the respective States in accordance with the
system of proportional representation by means of the single transferable vote.
The representatives of the Union territories are chosen in such manner as Parliament
may, by law, prescribe.
Part IVA of the Representation of the People
Act, 1950, provides for the manner of filling seats I the Rajya Sabha allocated
to Union territories. Section 27A of that Act provides that for the purpose of
filing any seat or seats in the Council of States allotted to any Union territory
in the Fourth Schedule to the Constitution, there shall be an electoral college
for each such territory. Prior to the enactment of the Government of National
Capital Territory of Delhi Act, 1991 (1 of 1992), the electoral college for the
Union territory of Delhi consisted of the elected members of the Metropolitan
Council of Delhi constituted under the Delhi Administration Act, 1966 (19 of 1966).
The electoral college for the Union territory of Delhi now consists of the elected
members of the Delhi Legislaive Assembly constituted under the Government of National
Capital Territory of Delhi Act, 1991. The electoral college for the Union territory
of Pondicherry consists of the elected members of the Pondicherry Legislative
Assembly constituted under the Government of Union Territory, Act, 1963 (20 of
1963). The Union territories of Andaman and Nicobar Islands, Lakshadweep, Dadra
and Nagar Haveli, Daman and Diu and chandigarh do not have any representatives
in the Rajya Sabha.
1966 (31 of 1966), s. 9 amongst
Punjab, Haryana and Himachal Pradesh.
1972 Increase
of three seats-one seat each allocated in 231 Meghalaya, Mizoram and Arunachal
Pradesh by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s.
10.
1976 Increase of one seat allocated to sikkim by
the 232 Constitution (Thirty-sixth Amendment) Act, 19075, s. 4.
1987
Increase of One seat allocated to Goa by the Goa, Daman and Diu Reorganisation
Act, 1987 (18 of 1987), s. 6.
Present allocation of seats
The maximum membership of the Rajya Sabha as laid down in the Constitution
is 250. The present strength, however, is 245 members of whom 233 are representatives
of the States and Union territories and 12 are nominated by the President. The
allocation of seats to be filled by representatives of the States and Union territories
as presently laid down in the Fourth Schedule to the Constitution is as follows.
TABLE -II
S.No | State | No.
of Members |
1 | Andhra
Pradesh | 18 |
2 | Arunachal
Pradesh | 1 |
3 | Assam | 7 |
4 | Bihar | 22 |
5 | Goa | 1 |
6 | Gujarat | 11 |
7 | Haryana | 5 |
8 | Himachal
Pradesh | 3 |
9 | Jammu
& Kashmir | 4 |
10 | Karnataka | 12 |
11 | Kerala | 9 |
12 | Madhya
Pradesh | 16 |
13 | Maharashtra | 19 |
14 | Manipur | 1 |
15 | Meghalaya | 1 |
16 | Mizoram | 1 |
17 | Nagaland | 1 |
18 | Orissa | 10 |
19 | Punjab | 7 |
20 | Rajasthan | 10 |
21 | Sikkim | 1 |
22 | Tamil
Nadu | 18 |
23 | Tripura | 1 |
24 | Utta
Pradesh | 34 |
25 | West
Bengal | 16 |
Union Territories
26 | Delhi | 3 |
27 | Pondicherry | 1 |
| TOTAL | 233 |
SESSIONS OF RAJYA SABHA
Summoning
by the President 156
Summons to members 159
Extenstion of Session 166
Adjournment sine die 166
Adjournment sine die before schedule 166
Prorogaton
and its effects 168
Effect of dissolution of Lok Sabha on business before
Rajya Sabha 170
The Rajya Sabha is not subject to disoolution 1 unlike
the Lok Sabha which, unless sooner disosolved, continues for five years from the
date appointed for its first meeting and the expiration of the said period of
five years operates as a dissolution of that House.
2 The Consittution
provides that the President shall from time to time summon each House of Parliament
to meet at such time and place as he thinks fit, but six months shall not intervene
between its last sitting in one session and the date appointed for its first sitting
in the next session. 3 The President may from time to time prorogue the Houses
or either House. 4 A session of the Rajya Sabha commences on the date and time
mentioned in the Summoning Order of the President and ends with the day on which
he prorogues the house.
A session is the period of time between the meeting
of a Parliament… and its prorogation. During the course of a session, either House
may adjourn... to such date as it termed as a 'recess' 5 while the period between
the adjournment of either House and the resumption of its sitting is generally
called 'adjournment'. 6
Until 1994, normally the Rajya Sabha used to meet
in four sessions in a year, namely Budget session I the months of February-March
and April May; Monsoon session in the months of July-August and Winter session
in the months of November-December. However, in the years 1961, 1962, 1964, 1976,
1977, 1980, 1985 and 1991, there were five sessions each 7 and in the years 1975
and 1984, there were only three sessions each.
In early years during
the Budget session, the Rajya Sabha used to observe a recess of 2-3 weeks between
March and April and the session used to be split into two parts instead o two
sessions. For instance, the 1st session of 1952, the 3rd session of 1953 and the
6th session of 1954, each consisted of two parts.
Since the 170th session
(Budget session) of 1994, the Budget session is being treated as a continuous
one instead of splitting it into two sessions as was the practice before. This
is consequent upon the setting of the Department-related Parliamentary Standing
Committees in 1993. The relevant rule of the committees provides that after the
general discussion on the Budget in the Houses is over, the Houses are to be adjourned
for a fixed period and the committees have to consider the Demands for Grants
of the related Ministries during the aforesaid period. 8 The 170th session was
also unique inasmuch as it was held in three spells, viz., (i) 21 February 1994
to 18 March 1994 (ii) 18 April 1994 to 13 May 1994 and (iii) 13 June 1994 to 15
June 1994.
Rajya Sabha Chamber
This is almost on
the same pattern as that of the Lok Sabha Chamber but it is smaller in size. It
has a seating capacity of 250. It is also equipped with modern sound equipment,
Automatic Vote Recording and the Simultaneous Interpretation System.
The Public Gallery, The Distinguished Visitor's Gallery, the Diplomatic Gallery,
the Chairman's Gallery (meant for the guests of the Chairman), the Press Gallery
and the Gallery for Members of the Lok Sabha are all located on the first floor
of the Rajya Sabha Chamber as in the case of the Lok Sabha Chamber.
RAJYA
SABHA
Rajya Sabha is the Upper House of Parliament. It has not more
than 250 members. Members of Rajya Sabha are not elected by the people directly
but indirectly by the Legislative Assemblies of the various States. Every State
is allotted a certain number of members No member of Rajya Sabha can be under
30 years of age.
Twelve of Rajya Sabha members are nominated by the President
from persons who have earned distinction in the fields of literature, art, science
and social service.
Rajya Sabha is a permanent body. It is not subject
to dissolution but one-third of its members retire every two years. Rajya Sabha
was duly constituted for the first time on April 3, 1952 and it held its first
sitting on May 13, that year.
There are at present 245 member sin Rajya
Sabha, distributed among different States and Union Territories as follows.
Andhra Pradesh 18, Arunachal Pradesh1, Assam 7, Bihar 16, Chhattisgarh 5, Goa
1, Gujarat 11, Haryana 5, imachal Pradesh 3, Jammu & Kashmir 4, Jharkhand 6, Karnataka
12, Kerala 9, Madhya Pradesh 11, Maharashtra 19, Manipur 1, Meghalaya 1, Mizoram
1, Nagaland 1, Orissa 10, Punjab 7, Rajasthan 10, Sikkim 1, Tamil Nadu 18, Tripura
1, Uttaranchal 3, Uttar Pradesh 31, West Bengal 16, NCT of Delhi 3, Pondicherry
1, Nominated by the President under 12 Article 80(1)(a) of the Constitution.
Presiding Officers
The Vice-President of India is the ex-officio
Chairman of Rajya Sabha. He is elected by the members of an electoral college
consisting of members of both Houses of Parliament. Rajya Sabha also elects one
of its members to be the Deputy Chairman.
Functions of Lok Sabha
and Rajya Sabha
The main function of both the Houses is to pass laws.
Every Bill has to be passed by both the Houses and assented to by the President
before it becomes law. The subjects over which Parliament can legislate are the
subjects mentioned under the Union List in the Seventh Schedule to the Constitution
of India. Broadly speaking, Union subjects are those important subjects, which
for reasons of convenience, efficiency and security are administered on all-India
basis. The principal Union subjects are Defence, Foreign Affairs, Railways, Transport
and Communications, Currency and Coinage, Bankng, Customs and Excise Duties. There
are numerous other subjects on which both Parliament and State Legislature can
legislate.
Under this category mention may be made of economic and social
planning, social security and insurance, labour welfare, price control and vital
statistics.
Besides passing laws, Parliament can b means of resolutions,
motions for adjournment, discussions and questions address by members to Ministers
exercise control over the administration of the country and safeguard people's
liberties.
Difference between Lok Sabha and Rajya Sabha
- Members of Lok Sabha are directly elected by the eligible voters.
Members of Rajya Sabha are elected by the elected members of State Legislative
Assemblies in accordance with the system of proportional representation by means
of single transferable vote.
- The normal life of every Lok Sabha is 5
years only while Rajya Sabha is a permanent body.
- Lok Sabha is the House
to which the Council of Ministers is responsible under the Constitution. Money
Bills can only be introduced in Lok Sabha. Also it is Lok Sabha, which grants
the money for running the administration of the country.
- Rajya Sabha
has special powers to declare that it is necessary and expedient in the national
interest that Parliament may make laws with respect to a matter in the State List
or to create by law one or more all-India services common to the Union and the
States.
