The Rajya Sabha: An Important Pillar of Indian Parliamentary Democracy 1200 Words
India is the largest democracy in the world. India follows a parliamentary system of governance. It has adopted this system from the British model. India’s Parliament consists of two houses: Lok Sabha and Rajya Sabha. Although the Lok Sabha gets all the attentions since it directly connects with the electorates and has to form the government, the Rajya Sabha too shares an equal importance in giving the Indian nation a balanced and inclusive kind of governance. This paper will give account of the historical background, structure, powers, functions and crucial role of the Rajya Sabha in Indian democracy.
Historical Background
The bicameral legislature idea is not anything new in India. The Government of India Act in 1919 provided the basis for British rule in India as well introduced the second chamber at a national level-known as the Council of States. It is retained and further refined by the Government of India Act, 1935. The Indian Constitution framers, while deciding upon the structure of the Union, decided to have a bicameral legislature so that all the various states could be represented along with diverse perspectives in the legislative process. It is, therefore, in this act that the Rajya Sabha was established as the second house of Parliament and, accordingly, its first sitting began on May 13, 1952.
Composition of Rajya Sabha
Unlike the Lok Sabha, the Rajya Sabha is a permanent body which cannot be dissolved. However, every two years, one third of its members retire that ensures continuity but allows a periodic renewal of its membership.
Maximum strength of the Rajya Sabha is fixed at 250 members and of whom:-
238 members are the elected representatives of states and Union territories nominated by the elected members from the Legislative Assemblies from the states and Union territories using a proportional representation system with the single transferable vote mechanism.
12 members are nominated by the President of India for their expertizes in literature, science, art, and social services.
Currently, the strength of Rajya Sabha is a little less than the full strength because representatives are sent from different states and union territories with varied strength.
Term and Eligibility
The Rajya Sabha members have six years of term and elect one-third of its members in alternate two years since retirement ones. To become a member of the Rajya Sabha, one shall be: A citizen of India.
More than 30 years of age
Others Qualification given for parliament
Functions and Powers of Rajya Sabha
Rajya Sabha has equal power and authority as Lok Sabha as far as legislation is involved though its responsibilities and powers differs mainly due to its vested interest in the affairs of state. The functions can thus be divided into legislative, executive, financial and the constituent functions.
Legislative Functions:-
The rajya sabha primarily is involved in the process of legislation. Both Lok Sabha and Rajya Sabha have rights to introduce bills except for money bills that have to be presented only in Lok Sabha. Bills passed are taken up by Rajya Sabha where they are discussed, altered, and voted upon. Hence, the participation of Rajya Sabha in this process is very much necessary for legislation. While it may defeat for an extended period a bill which has been passed by Lok Sabha, it can check up to six months the process for the passage of the bill.
Executive Functions:-
The Rajya Sabha plays a strong role in checking the executive. The members of Rajya Sabha can ask questions from ministers, give opinions on policy and topics, and talk about issues of national significance. This makes the government answerable to the whole Parliament.
Financial Functions:-
The financial powers of the Rajya Sabha are relatively lower than the Lok Sabha. A money bill deals with taxation or government expenditure; it is introduced only by the Lok Sabha. If a money bill is cleared in the Lok Sabha, the copy is sent over to Rajya Sabha to be discussed further. However, the Rajya Sabha is empowered to introduce amendments that shall not be implemented on Lok Sabha. The Money Bill, however has to be returned back to the Rajya Sabha within 14 days; otherwise it is deemed passed.
Constituent Powers:-
Unlike Lok Sabha, the amending powers of Rajya Sabha are identical in authority with Lok Sabha. On a Constitutional Amendment Bill, it must give its assent by special majority as that required by Lok Sabha. Thus, in that aspect, both houses stand at par, but its importance cannot be ignored at the time of taking decisions.
Special Powers:-
The Rajya Sabha has several exclusive powers that underline the importance of this house within the structure of India’s federation in that it can:
Create New All-India Services:-
Article 312 gives the Rajya Sabha the powers to bring a resolution through two-thirds majority so that parliament can create new All-India Services in the national interest.
State List Topics Legislation:-
While two-thirds majority of the Rajya Sabha declares it necessary, Parliament can enact legislation over a subject in the State List for a limited period.
Criticism and Objections
The Rajya Sabha, although being an important institution, has been criticized since time. Some of the significant concerns are:–
Undermining Direct Representation:-
The Rajya Sabha members are not elected directly by the people in comparison to the Lok Sabha members, which often gives it a question of democratic legitimacy.
It has been said that Rajya Sabha is meaningless as a chamber of legislature. This was said on account of vesting it with only few powers in regard to the financial business.
Slow Legislation:-
The authority to retard the Bills, although this has also been confined under some limit by Congress, is criticized often, for this slows down legislations.
Reforms and Proposals
To provide the Rajya Sabha the desired role and to establish its importance various reforms have been proposed
Direct Elections:-
Include the direct elections of members to the Rajya Sabha. In this regard, an institution becomes more democratic while having elected members become more directly responsible to an electorate.
Enhanced Representation of Federation:-
Equal representation as of all the states; that the same representation will ensure the interest of various kinds getting rightly represented in the federation.
Review Financial Powers:-
In order to maintain a balance to Lok Sabha; to add more power to one Rajya Sabha in Finance.
Ethics and Transparency:-
Consolidating ethics and keeping the process transparent to stop all undue influence and corruption within the election process.
Conclusion:-
It is, of course, the heart of India’s parliamentary democracy because it provides a voice to states, constitutes a balance to the Lok Sabha’s power, and adds more richness to the legislative process. Full of challenges though, this fact is hardly diminutive of its contribution towards ensuring balanced and all-inclusive governance. Continuing in the course of democraticization, India needs Rajya Sabha much more to establish the role precisely as a support within the country’s structure.
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