Role of Rajya Sabha in Indian Democracy

IN NEWS:

• Recently, Rajya Sabha elections were held for 16 seats in four states – Maharashtra, Rajasthan, Karnataka, and Haryana.

ABOUT RAJYA SABHA:

• Rajya Sabha or the Council of States is the Upper House of the Indian Parliament.
• The House is limited by the Constitution to a maximum of 250 members, out of which 12 members are nominated by the President and 238 are representatives of the States and of the two Union Territories.
• The present Rajya Sabha, however, is 245, out of which 233 are representatives of the States and Union territories of Delhi and Puducherry and 12 are nominated by the President.
• Members of the Rajya Sabha are indirectly elected.
• 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.
• The Chairperson of the House is the Vice President of India.
• The Upper House is a permanent House and is not subject to dissolution.
• But one-third of its members retire after every two years.
• Each member's term is for six years.

WHY RAJYA SABHA IS ESSENTIAL FOR INDIAN DEMOCRACY?

• Revisionary house for laws and bills:
  • The Rajya Sabha as the second and permanent Chamber is a revisionary house for laws and bills, offers checks and balances for greater executive accountability.
  • Rajya Sabha has prevented hasty legislation and has served as dignified chamber representing the federal principle.
• Act as a debating chamber:
  • Rajya Sabha is also envisaged to act as a debating chamber in which dignified debates are to be held on various issues confronting the country.
• Institutionalise the power-sharing between the Centre and states:
  • Bicameralism is essential for a federal constitution as the Rajya Sabha acts as a means to institutionalise the principles of power-sharing between the Centre and states.
  • For example, when the ruling party has an overwhelming majority in the Lok Sabha, the Rajya Sabha can prevent the government of the day exercising authoritarianism.
• Brings about a fusion of new and old in the House:
  • Unlike the Lok Sabha, the Rajya Sabha is not subject to dissolution but one-third of its members retire after every second year.
  • This ensures continuity and also brings about a fusion of new and old in the House which is customarily described as a House of Elders.
  • This type of arrangement is designed to secure the representation of past as well as current opinion and help in maintaining continuity in public policy.
• Act as a platform for diverse talent and expertise:
  • The Lower House, primarily because of its nature of being elected by voters, has seen more full-time political leaders over the years.
  • While the Rajya Sabha has been more like an eclectic mix of minds from different streams of life, as parties could afford to nominate writers, actors, economists or even poets or political leaders without worrying much about their mass appeal.
• Special powers:
  • Article 249 allows the Parliament to legislate on matters enumerated in the State List if the Rajya Sabha passes a resolution by two-thirds majority which it did in 1952 and 1986.
  • And under Article 312, the Parliament is allowed to create an All India Services common to the Union and the States, if the Rajya Sabha passes a requisite resolution.
    • The Upper House passed resolutions in 1961 and 1965, to create Indian Engineering Service, Indian Forest Service, Indian Medical and Health Service, Indian Agricultural Service and the Indian Educational Service.
• Glorious legacy associated with passing of important bills:
  • The Rajya Sabha had cleared bills to penalise untouchability (1954), prohibit dowry (1959), set up All India Institute of Medical Sciences (1956), and give all Indian children the right to education (2009).
  • It had also passed the Women’s Reservation bill (also called the Constitution (108th Amendment) Bill) (2010) though the Lok Sabha didn’t take it up.
• Platform to the small and regional parties:
  • ‘Rajya Sabha’ also provides a platform to the small and regional parties to present their views.
• As a federal chamber, Rajya Sabha has worked for the unity and integrity of the nation and has reinforced the faith of the people in parliamentary democracy.

ISSUES/CONCERNS RELATED TO RAJYA SABHA:

• Stalling legislative works:
  • According to some members of Lok Sabha, Rajya Sabha has done nothing except stalling legislative works and causing policy paralysis in the country.
  • Critics of the upper house argue that it acts as a “clog in the wheel of progress” of the nation by delaying the major legislations in the house.
• Not successful in protecting the interest of the States:
  • Article 1(1) of the Indian Constitution states “India, that is Bharat, shall be a Union of States.”
  • It is, therefore, obvious that the primary responsibility of a Council of States would be to protect the interests of the states vis a vis the Union.
  • There is hardly any empirical evidence that substantiates that the Rajya Sabha has measured upto the task ever since it came into existence on April 1952.
• Most states have unicameral legislatures:
  • Twenty-four states have unicameral legislatures, that is, only one legislative body, and only six states are bicameral.
  • Critics of upper house raise the question that if the bulk of the states can make do with one House why not the Centre.
• Sincerity of nominated members :
  • The sincerity of nominated members being questioned in many cases.
  • Nominations are made by the government to acknowledge either the celebrity status of some icons or to gratify influencers.
  • After getting nominated, these members rarely participate in the working of the House.
  • For example, Sachin Tendulkar was appointed in 2012 and the House had met 348 days since then, but his attendance was a meagre 24 days.
• Members not accountable to the people:
  • Critics argue that the Upper House serves no purpose as its members are not directly elected and hence are not accountable to the people.
• Provision of nominated members is undemocratic:
  • Those who have been nominated to Rajya Sabha will never seek the vote of the people but can become ministers also. For example, Former Prime Minister Dr. Manmohan Singh.
  • This is a most undemocratic aspect of our Constitution.
• Backdoor entry for the politicians:
  • Rajya Sabha has been seen as the backdoor entry for the politicians who have lost the general elections.
  • It has also been criticised as a haven for crony capitalists, compromised journalists, and party fundraisers.
• Bicameralism is not a basic structure:
  • The Basic Structure doctrine enunciated by the Supreme Court in Kesvananda Bharti holds parliamentary democracy to be basic structure, not bicameralism.
• A useful reform step would be to have members of the Rajya Sabha be directly elected by the citizens of a state. This will reduce cronyism and patronage appointments.

WAY FORWARD:

To preserve the federal character of Rajya Sabha, the following steps need to be taken:

• Rajya Sabha members be directly elected by the citizens of a state. This would reduce cronyism and patronage appointments.
• A federal arrangement can be devised to enable equal representation for each state. Large states should not dominate the proceedings in the House.
• Better procedure of nomination to improve the quality of discussion in the House.
• Also the Rajya Sabha should remain deliberative, but there should be deadlines set for responding to bills initiated in the Lok Sabha.

CONCLUSION:

Over the years, the Upper House has contributed to the interests of the nation through lively debates, informed discussions, and its ability to handle complex issues. It has also seen frictions and a rise in disruptions—which is certainly a matter of concern for all stakeholders. But even through the ups and downs of Indian politics, the Rajya Sabha has remained a vanguard for political and social values, a melting pot of culture and diversity and over all, a relentless flag-bearer of sovereign, socialist, secular, democratic republic called India.

PRACTICE QUESTION:

Q. “The Rajya Sabha is not only a House for second thought but is also a guardian of a State's rights”. Discuss.