The Opposition has had an upper hand in the Rajya Sabha for 39 of the 68 years in terms of numbers, but this did not adversely impact making of laws, even though other concerns have emerged, Rajya Sabha chairman M. Venkaiah Naidu said while recounting the journey of the Upper House on the 68th anniversary of its first sitting.

“The mode of elections and tenures of Rajya Sabha and Lok Sabha are different. This could lead to a situation of the government of the day having a majority as required in the Lok Sabha and not having the numbers in the Rajya Sabha. This is what has happened over the years,” he noted.

While this had happened for the first time during 1968-70, it remained so at a stretch for the last 31 years, he said.

Decline in productivity

The chairman, however, expressed concern over declining time spent on the oversight function of the House amidst rising trends of disruptions eroding the productivity of the House.

Naidu informed that the functional productivity of the Rajya Sabha used to be about 100 per cent till 1997 and it slid to 87 per cent during 1998-2004, to 71 per cent during 2005-14 and further to 61 per cent during the next five years.

“Since 1978, the annual productivity of the Rajya Sabha has been 100 per cent in only 12 years and it has never been 100 per cent in the last 29 years,” he said, adding that the lowest annual productivity of 38.63 per cent was recorded in 2018.

Passing of Bills

Naidu said the Rajya Sabha held 5,472 sittings and passed 3,857 Bills till the Budget Session this year, even as it asserted its independence on some occasions.

He referred to three joint sittings in 1961, 1978 and 2002 when the Rajya Sabha rejected the Dowry Prohibition Bill, 1959, the Banking Services Commission (Repeal) Bill, 1977, and the Prevention of Terrorism Bill, 2002, respectively. In 1959, the then government had a majority in the Upper House.

The Rajya Sabha also differed with the Lok Sabha when it rejected the Constitution (Twenty-fourth Amendment) Bill, 1970, seeking to abolish privy purses to the erstwhile rulers and two more such Constitution Amendment Bills in 1989 seeking to strengthen the Panchayats and Municipalities which later became the Acts of Parliament.

Referring to delaying of passing of some other Bills by the Upper House, Naidu said that if they amounted to checking ‘hasty legislation’, the Rajya Sabha passed five Constitution Amendment Bills in a day on August 25, 1994, when the then government did not have the numbers.

Naidu recalled the Upper House passing several major Bills relating to GST, Insolvency and Bankruptcy Code, triple talaq, re-organisation of J&K, citizenship amendment, etc even though the present government does not have the numbers.

“This suggests that no case can be made against the Rajya Sabha as being obstructionist in law making,” he noted.

Genesis of Rajya Sabha

The origin of Rajya Sabha can be traced back to 1919, when in pursuance to the Government of India Act, 1919, a second chamber known as the Council of States was created. This Council of States, comprising mostly nominated members, was a deformed version of the second chamber without reflecting true federal features. The Council continued to function till India became independent.

Extensive debate took place regarding the utility of a second chamber and ultimately, it was decided to have a bicameral legislature for independent India mainly because a federal system was considered to be the most feasible form of government for such a vast country with immense diversities.

A single directly elected House, in fact, was considered inadequate to meet the challenges before free India. A second chamber known as the ‘Council of States’, therefore, was created with altogether different composition and method of election from that of the directly elected House of the People. 

It was meant to be the federal chamber, a House elected by the elected members of Assemblies of the States and Union Territories in which states were not given equal representation.

The first elections were held in 1952. The Rajya Sabha, its Hindi nomenclature was adopted on August 23, 1954.

Apart from the elected members, provision was also made for the nomination of twelve members to the House by the President. 

The minimum age of 30 years was fixed for membership as against 25 years for the Lower House. 

The element of dignity and prestige was added to the Council of State House by making the Vice-President of India ex-officio chairman of the Rajya Sabha who presides over its sittings.

The Rajya Sabha and the Lok Sabha together with the President of India constitute ‘Parliament of India’.

Election of RS members

Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President and 238 are representatives of the states and of the Union territories of Delhi and Puducherry.

The members nominated by the President are persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service.

Rajya Sabha is a permanent House and is not subject to dissolution. However, one-third of members of Rajya Sabha retire after every second year. A member who is elected for a full term serves for a period of six years. The election held to fill a vacancy arising otherwise than by retirement of a member on the expiration of his term of office is called ‘bye-election’. 

The representatives of the states and of the Union Territories in the Rajya Sabha are elected by the method of indirect election. The representatives of each state and two Union territories are elected by the elected members of the Legislative Assembly of that state and by the members of the electoral college for that Union Territory, as the case may be, in accordance with the system of proportional representation by means of the single transferable vote.

Limited powers in financial matters

Except in certain financial matters which are to be the sole concern of the Lok Sabha, the Rajya Sabha enjoys equal status in all respects.

A Money Bill can be introduced only in Lok Sabha. After it is passed by that House, it is transmitted to Rajya Sabha for its concurrence or recommendation. The power of Rajya Sabha in respect of such a Bill is limited.  

Rajya Sabha has to return such a Bill to Lok Sabha within a period of fourteen days from its receipt. If it is not returned to Lok Sabha within that time, the Bill is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha.  

Also, Rajya Sabha cannot amend a Money Bill. It can only recommend amendments and Lok Sabha may either accept or reject all or any of the recommendations made by Rajya Sabha.

Apart from a Money Bill, certain other categories of financial Bills also cannot be introduced in Rajya Sabha.

There are, however, some other types of financial Bills on which there is no limitation on the powers of the Rajya Sabha. These Bills may be initiated in either House and Rajya Sabha has powers to reject or amend such financial Bills like any other Bill. Of course, such Bills cannot be passed by either House of Parliament unless the President has recommended to that House the consideration thereof.

Equal rights with Lok Sabha

There are some important matters in respect of which the Constitution has placed both Houses of Parliament on an equal footing such as:

1) In the election and impeachment of the President (Articles 54 and 61).

2) In the election of the Vice-President (Article 66).

3) To make law defining parliamentary privileges and also to punish for contempt (Article 105).

4) To approve the Proclamation of Emergency (issued under Article 352), Proclamations regarding failure of the Constitutional machinery in states (issued under Article 356).

5) To receive reports and papers from various statutory authorities.

Special powers of Rajya Sabha

Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution.

Under the Constitution, the Rajya Sabha possesses equal authority and power with regard to the amendment to the Constitution.

All the subjects/areas regarding legislation have been divided into three lists — Union List, State List and Concurrent List. Union and State Lists are mutually exclusive — one cannot legislate on a matter placed in the sphere of the other. 

There are two special powers of the Rajya Sabha under the Constitution. Article 249 provides that the Rajya Sabha may pass a resolution, by a majority of not less than two-thirds of the members present and voting, to the effect that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List. 

If such a resolution is adopted, Parliament will be authorised to make laws on the subject specified in the resolution, for the whole or any part of the territory of India. Such a resolution will remain in force for a period not exceeding one year, but this period can be extended by one more year at a time by passing further resolution.

Another exclusive power of the Rajya Sabha is contained in Article 312 of the Constitution whereunder if the Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more all-India services common to the Union and the states, Parliament will have the power to create by law such services.

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