rajya sabha for 5 August 2025

The Rajya Sabha is an important part of India’s bicameral parliamentary system that represents the states and the Union Territories and has an extremely important role in the legislative process. The Rajya Sabha provides an important platform for regional interests and maintains a federal balance. In this article, we are going to cover all about the Rajya Sabha, its composition, structure of work, election process and special scenarios. 

Rajya Sabha

The Rajya Sabha is also known as the Upper House of India’s Parliament. Rajya Sabha means “Council of States”. The house represents the issues and interests about states and union territories of the Union of India. 

The house plays an important role of acting as a deliberative body that provides the states with a voice and platform to raise their concerns and make sure that the interests and concerns of all states are heard in the parliamentary proceedings. 

Rajya Sabha Composition

According to the Constitution of India, the Rajya Sabha consists of 250 members. These members are: 

• 238 members are representatives of the States and Union Territories 
• 12 are nominated by the President of India. 

Currently, the Rajya Sabha has 245 members, which include:

• 225 members of representatives of state
• 8 members of representatives of Union Territories 
• 12 nominated members by the President of India

Also Read: Difference between Lok Sabha and Rajya Sabha

Representation of States in the Rajya Sabha

• Members representing states in the Rajya Sabha are elected by the elected members of the State Legislative Assemblies.
• The election follows the system of proportional representation by means of the single transferable vote.
• The allocation of seats to each state in the Rajya Sabha is based on its population, so the number of representatives differs from state to state.
• Note: The Fourth Schedule of the Indian Constitution specifies the distribution of seats in the Rajya Sabha among states and Union Territories.

Representation of Union Territories in the Rajya Sabha

• Union Territories are represented in the Rajya Sabha through an electoral college formed specifically for this purpose.
• These members are also elected using proportional representation through the single transferable vote system.
• Note: Only Delhi, Puducherry, and Jammu & Kashmir currently have representation in the Rajya Sabha; the other five Union Territories have too small a population to qualify for representation.

Nominated Members in the Rajya Sabha

• The President of India nominates 12 members to the Rajya Sabha, chosen from among individuals with special knowledge or practical experience in the fields of art, literature, science, or social service.
• This system allows distinguished personalities to contribute to Parliament without going through elections.
• Note: The US Senate does not have any provision for nominated members.

Duration of Rajya Sabha 

Unlike the Lok Sabha, which has a fixed term of five years, the Rajya Sabha is a continuing Chamber that does not get dissolved at any specific period of time. 

According to the Representation of the People Act (1951), the parliament enacted the following laws for the Rajya Sabha: 

• The term of office of a member of Rajya Sabha should be six years 
• The President of India has the power to create provisions to govern the order of retirement of the members of the Rajya Sabha. The President of India also enacted the Rajya Sabha Order, 1952. 
• Every second year one-third members of the Rajya Sabha retire. Their existing seat is filled by fresh elections and Presidential nominations at the starting of every third year. 
• The retiring members of the Rajya Sabha are eligible for re-election and renomination multiple times. 

Rajya Sabha System of Elections 

The elections of Rajya Sabha are conducted by the indirect method through the method of system of proportional representation by the method of single transferable vote. 

Indirect Elections to the Rajya Sabha

• Unlike the Lok Sabha, whose members are directly elected by the people, members of the Rajya Sabha are elected indirectly.
• From States: Elected members of the State Legislative Assemblies elect the Rajya Sabha members.
• From Union Territories: Members are chosen by an Electoral College formed specifically for this purpose.

System of Proportional Representation

• Rajya Sabha elections are based on the proportional representation system, where the number of seats a party wins is in proportion to the number of votes it secures.
• This system ensures that minority and diverse viewpoints are fairly represented in the House.

Single Transferable Vote (STV) Method

• Elections to the Rajya Sabha use the Single Transferable Vote (STV) method.
• In this system, voters (MLAs or Electoral College members) rank candidates in order of preference.
• To be elected, a candidate must achieve a quota of votes, calculated as:
  Quota = [Total Votes / (Total Seats + 1)] + 1
• If no one meets the quota initially, the candidate with the fewest votes is eliminated, and their votes are transferred to the next preferences.
• This process continues until all seats are filled.

Also Read: Functions of Parliament

Rajya Sabha Qualification of Members

The Constitution of India and the Representation of People’s Act 1951,  provides many qualifications for the Members of the Rajya Sabha. These qualifications are constitutional and statutory in nature. The qualifications include: 

The Indian Constitution provides for various qualifications for the Members of the Rajya Sabha. Apart from them, the Parliament has also prescribed some qualifications for members of the Rajya Sabha under the Representation of People’s Act of 1951. These constitutional as well as statutory qualifications have been discussed as follows.

Constitutional Qualifications for Rajya Sabha Membership

As per the Indian Constitution, a person must meet the following criteria to become a Rajya Sabha member:

• Must be a citizen of India.
• Must take an oath or affirmation before an authority appointed by the Election Commission of India (ECI).
• Must be at least 30 years of age.
• Must fulfill any additional qualifications prescribed by Parliament.

Statutory Qualifications (as per Representation of the People Act, 1951)

In addition to constitutional provisions, the following statutory requirements apply:

• Must be registered as an elector for a parliamentary constituency anywhere in India (not necessarily in the state of contest).
• For reserved seats, the candidate must belong to a Scheduled Caste or Scheduled Tribe of any State or Union Territory.
• SC/ST candidates are also eligible to contest from general (non-reserved) seats.

Rajya Sabha Disqualifications of Members 

The Constitution of India and the Representation of the People’s Act 1951 provides many factors of disqualifications for the Members of the Rajya Sabha. These disqualifications are both constitutional and statutory in nature. These disqualifications include: 

The Indian Constitution provides for various disqualifications for the Members of the Rajya Sabha. Apart from them, the Indian Parliament has also prescribed some disqualifications for members of the Rajya Sabha under the Representation of People’s Act of 1951. These constitutional as well as statutory disqualifications have been discussed as follows:

Constitutional Disqualifications for Rajya Sabha Membership

According to the Indian Constitution, a person is disqualified from being elected or continuing as a Member of the Rajya Sabha if:

• Holds an office of profit under the Union or State Government (except for the post of a Minister or any office exempted by Parliament).
• Is declared to be of unsound mind by a competent court.
• Is an undischarged insolvent.
• Is not a citizen of India, has voluntarily acquired foreign citizenship, or owes allegiance to a foreign state.
• Is disqualified under any law made by Parliament.

Statutory Disqualifications under the Representation of the People Act, 1951

In addition to constitutional provisions, the following disqualifications are outlined by Parliament:

• Convicted of electoral offences or corrupt practices.
• Sentenced to imprisonment for two years or more (Note: Preventive detention does not count as disqualification).
• Failure to submit election expense accounts within the stipulated time.
• Financial interests in government contracts, works, or services.
• Holding the post of a Director, Managing Agent, or Office of Profit in a company where the government holds 25% or more share.
• Dismissed from government service for corruption or disloyalty.
• Convicted for promoting enmity between groups or for bribery.
• Punished for practising social evils like untouchability, dowry, or sati.

Disqualifications on Grounds of Defection

• The constitution of India provides guidelines for disqualification of Rajya Sabha Members on the grounds of defection as per the provisions laid down by the tenth Schedule. 
• A member incurs disqualification under the Anti-Defection law:
  • if he/she voluntarily gives up the membership of the political party on whose ticket he/she is elected to the House,
  • if he/she votes or abstains from voting in the House contrary to any direction given by his/her political party,
  • if any independently elected member joins any political party,
  • if any nominated member joins any political party after the expiry of six months.

Rajya Sabha Oath or Affirmation of Members 

Every Member of Rajya Sabha has to subscribe to an Oath or Affirmation in front of the President or a person appointed by him/her for the same purpose. 

• In his/her Oath or Affirmation, a Member of Rajya Sabha swears:
  • to bear true faith and allegiance to the Constitution of India,
  • to uphold the sovereignty and integrity of India,
  • to faithfully discharge the duty upon which he/she is about to enter. 

• Rajya Sabha members cannot vote or participate in the proceedings of the house. Members are not eligible for parliamentary privilege and immunity unless taking the oath. 

• A person is liable to a penalty of Rs. 500 for each day he/she sits or votes as a Member in a House in the following conditions:
  • Before taking and subscribing to the prescribed Oath or Affirmation,
  • When he/she knows that he/she is not qualified or that he/she is disqualified for membership in Rajya Sabha,
  • When he/she knows that he/she is prohibited from sitting or voting in the House by virtue of any parliamentary law.

Rajya Sabha Salaries and Allowances of Members 

• The Members of the Rajya Sabha are entitled to receive such salaries and allowances as determined by the Parliament of India.
• However, there is no provision of pension for the Members of Rajya Sabha in the Indian Constitution.
  • However, in 1976, the Indian Parliament provided the provision of pension to the Members of the Rajya Sabha.
• Moreover, the Members of Rajya Sabha are also provided with travelling facilities, free accommodation, telephone, vehicle advance, medical facilities and so on.

Vacating of Seats of Members of Rajya Sabha

A Member of the Rajya Sabha vacates his/her seat in the following cases:

• Double Membership,
• Disqualification,
• Resignation,
• Absence, and
• Other Cases