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What is the news?
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- BJP candidate Harsh Mahajan wins lone Rajya Sabha seat from Himachal Pradesh.
Lets Understand Rajya Sabha Elections Process:
Elections, tenure, and removal of Rajya Sabha members:
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- State and union territory voices are heard in the Rajya Sabha, the upper house of the Indian Parliament.
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- The Council of States (Rajya Sabha) is the upper house of the Indian Parliament. The Rajya Sabha is also known as the House of Elders.
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- Rajya Sabha members are nominated and elected indirectly, unlike the Lok Sabha, which directly reflects public opinion through popular elections. Understanding member election, tenure, and removal is essential to understanding this revered body’s character and function.
Composition of the House:
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- House composition: Article 80 of the Constitution covers Rajya Sabha members. It has 245 members—233 elected and 12 nominated. Constitutionally, the Upper House cannot exceed 250 members.
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- The number of Rajya Sabha members a state can send depends on its population. Hence, the number of elected seat changes as states are merged, bifurcated or new ones are created.
- Nominated members of the Rajya Sabha are nominated by the President of India in the field of art, literature, science and social service.
- Fourth Schedule of Indian Constitution deals with allocation of seats in Rajya Sabha
Elected Members: Representing the States:
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- State Rajya Sabha members are not elected by the people. Instead, elected state legislative assembly members indirectly elect them. This arrangement gives varied state voices, including regional parties, a national forum.
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- This election uses proportional representation with the single transferable vote (STV). This complex mechanism ensures that even smaller parties with a large vote share can win a seat, making the state’s political environment more diverse.
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- Candidates need a certain amount of votes to gain Rajya Sabha seats.
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- That number is found out using the below formula. Required vote = Total number of votes / (Number of Rajya Sabha seats + 1 ) + 1.
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- However, the formula is changed in case more than one seat needs to be filled. The total number of votes required for a candidate in the case is = [(Number of votes x 100) / (Vacancies + 1)] + 1.
What is Single Transferable Vote (PR-STV)?
- The single transferable vote (STV), sometimes known as proportional ranked choice voting (P-RCV), is a multi-winner electoral system in which each voter casts a single vote in the form of a ranked-choice ballot. Here’s how it works:
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- MLAs receive a paper with the names of all candidates.
- Instead of voting for each seat individually, they rank different candidates in order of preference (1, 2, 3, and so on).
- Each MLA’s vote is counted only once.
- The STV system ensures a fairer distribution of seats and fosters representation of smaller parties in the legislative process.
So, in summary, the STV system allows MLAs to express their preferences for multiple candidates, leading to a more representative Rajya Sabha.
Nominated Members: Experts for Specialized Knowledge
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- The Indian President can nominate up to 12 Rajya Sabha members for their remarkable accomplishments in literature, science, art, and social service. These nominations aim to enrich the Rajya Sabha with non-political knowledge and perspectives.
Continuous Chamber or Permanent Body: Tenure and Rotation
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- Unlike the Lok Sabha, which lasts five years, the Rajya Sabha is perpetual. It never dissolves and keeps working. Membership rotates every two years to ensure fresh ideas and viewpoints.
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- Every second year, one-third of the members retire, and elections replace the vacancies. This deliberate rotation ensures Rajya Sabha continuity and experience while introducing new members.
Member Removal: Constitutional Protection
While the Rajya Sabha is permanent, members can be dismissed under Constitutional grounds. This includes:
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- The Chairperson can accept a letter of resignation from a member.
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- Members can be disqualified if they meet any of the disqualifications listed in Article 102 of the Constitution, which apply to Lok Sabha members. Being insolvent, having a government profit post, or being convicted are examples.
Obtain foreign citizenship voluntarily.
- Members can be disqualified if they meet any of the disqualifications listed in Article 102 of the Constitution, which apply to Lok Sabha members. Being insolvent, having a government profit post, or being convicted are examples.
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- A motion passed by a majority of Rajya Sabha members present and voting can remove a member if at least 100 members are present and voting. A Constitutional violation or serious misbehaviour must be demonstrated to support such a motion.
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- Vacancy: According to Section 154 of the Representation of the People Act 1951, a member chosen to fill a casual vacancy will serve for the remainder of his predecessor’s term of office.
Rajya Sabha Elections: Can Whip?
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- No, political parties cannot issue whips in Rajya Sabha elections. This is different from the rules in Legislative Assembly elections, where whips are a common practice.
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- The Election Commission of India has clarified that issuing whips in Rajya Sabha elections is considered unethical and against the conduct of the election. This is because it is seen as exerting undue influence on the voting rights of the Members of Legislative Assemblies (MLAs) who elect Rajya Sabha members.
Here’s a quick summary:
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- Whips cannot be issued in Rajya Sabha elections.
- This is to ensure MLAs have the freedom to vote as per their own conscience.
- The Election Commission considers issuing whips in Rajya Sabha elections unethical and against the conduct of the election.
What is Whip?
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- A whip is a written order that political party issue to its members for being present for an important vote, or that they vote only in a particular way. The term is derived from the old British practice of “whipping in” lawmakers to follow the party line.
In 2003, the Rajya Sabha election saw two changes:
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- The necessity to be an elector from a specific state has been abolished in order to be elected as a Rajya Sabha member.
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- The open ballot system replaced the secret ballot method.
Conclusion: Balanced and Growing Institution
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- A balanced and progressive Rajya Sabha is made possible by its unique elections, tenure, and removal system. It represents states’ different viewpoints, includes specialised skills, and protects the body through a rigorous removal process. This complex mechanism ensures the Indian Parliament’s efficiency and the nation’s different perspectives are heard.
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Mains Questions:
Question 1:
Critically evaluate the role of Rajya Sabha in safeguarding federalism in India. Discuss how its composition and functions contribute to this objective.(250 words)
Model Answer:
Introduction:
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- The Rajya Sabha, also known as the Council of States, is the upper house of the Indian Parliament. It plays a significant role in safeguarding federalism by representing the interests of states and ensuring their participation in the national legislative process.
Composition:
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- Members are elected by the elected members of the legislative assemblies of the states and union territories.
This ensures proportional representation of states in the national legislature, giving them a voice in central laws and policies that may impact them.
- Members are elected by the elected members of the legislative assemblies of the states and union territories.
Functions:
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- Reviewing legislation: Rajya Sabha can review and suggest amendments to bills passed by the Lok Sabha, including those concerning federal matters. This provides a check and balance on the power of the lower house and ensures that central legislation takes into account the diverse perspectives of states.
- Protecting state interests: Rajya Sabha can initiate and discuss resolutions on all matters except Money Bills and matters concerning the Union Territory of Delhi. This allows states to raise concerns about issues impacting them and influence national policy formulation.
- Financial control: Though Rajya Sabha cannot originate or reject Money Bills, it can recommend amendments. This allows states to have some indirect control over national finances.
Challenges:
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- Political considerations: Party politics can sometimes overshadow state interests in voting patterns, weakening the federal safeguard role.
- Dominance of Lok Sabha: The Lok Sabha’s power to initiate Money Bills and its larger house size can overshadow the Rajya Sabha’s role in some matters.
Conclusion:
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- Despite these challenges, the Rajya Sabha’s unique composition and functions play a crucial role in safeguarding federalism in India. It ensures state representation, provides a platform for reviewing central legislation, and allows states to voice their concerns and influence national policy.
Question 2:
Discuss the arguments for and against granting the Rajya Sabha equal powers with the Lok Sabha in all legislative matters (including Money Bills).(250 words)
Model Answer:
Arguments for equal powers:
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- Strengthening federalism: Giving Rajya Sabha equal powers would further empower states and ensure their views are adequately considered in all legislation.
- More comprehensive legislation: Considering diverse perspectives from states could lead to more balanced and inclusive laws.
- Reducing political deadlocks: Equal powers could lead to more cooperation and compromise between the two houses, hindering political gridlock.
Arguments against equal powers:
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- Greater instability: Equal power in Money Bills could lead to frequent disagreements, delaying crucial budgetary decisions and impacting economic stability.
- Weakening the lower house: The Lok Sabha directly represents the people’s mandate, and giving equal power to Rajya Sabha might undermine its primacy.
- Logistical challenges: Reaching consensus on all matters might become more difficult with two equally powerful houses.
Conclusion:
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- Granting the Rajya Sabha equal powers is a complex issue with strong arguments on both sides. While it might strengthen federalism and promote a more inclusive legislative process, it could also lead to instability and undermine the primacy of the Lok Sabha. A balanced approach considering all these factors is crucial.
Remember, these are just two examples of Himachal HPAS Mains questions inspired by the current news. Feel free to modify and adapt them further to fit your specific needs and writing style. Good luck with your preparation!
Relevance to the Himachal HPAS Prelims and Mains syllabus under the following topics:
Himachal HPAS Prelims:
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- General Studies – Indian Polity
Himachal HPAS Mains:
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- General Studies – Indian Polity and Governance :
- Composition and election process of Rajya Sabha
Powers and functions of Rajya Sabha
Role of Rajya Sabha in federalism
Recent amendments or developments related to Rajya Sabha elections
- Composition and election process of Rajya Sabha
- General Studies – Indian Polity and Governance :
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