Key Facts and Data Points

  • Maximum strength: 250 members (Article 80) – includes 12 nominated members.
  • Current strength: 245 members (233 elected from States & UTs + 12 nominated).
  • Seats up for election (Feb 2026): 37 seats across 10 states.
  • Eligibility (Article 84): Indian citizen, ≥30 years, oath/affirmation, other qualifications as prescribed.
  • Tenure: Permanent House; one‑third retire every two years; each member serves a six‑year term.
  • Election method: Indirect election by MLAs using Single Transferable Vote (STV) under proportional representation.
  • Open ballot: Party MLAs must show their marked ballot to the party’s authorized agent.
  • Anti‑defection: Supreme Court ruled voting against party whip in Rajya Sabha elections does not attract disqualification under the Tenth Schedule.
  • Special powers:
  • Article 249 – empower Parliament to legislate on State List matters in national interest (2/3 majority).
  • Article 312 – create new All‑India Services (2/3 majority).
  • Emergency provisions – can approve proclamations under Articles 352, 356, 360 when Lok Sabha is dissolved.

Background and Context

  • The Rajya Sabha, or Council of States, represents the federal units of India. Unlike the Lok Sabha, it is a continuous body and is not dissolved.
  • Members are elected by the legislative assemblies of the respective states/UTs, ensuring state participation in the legislative process.
  • The Representation of the People (Amendment) Act, 2003 removed the domicile requirement, allowing candidates to contest from any state.

Significance for India / Governance / Policy

  • Federal balance: Provides a platform for states to influence national legislation.
  • Continuity: Ensures legislative functioning during Lok Sabha dissolution or emergencies.
  • Policy impact: Through Articles 249 and 312, the Rajya Sabha can shape national policy on subjects traditionally under State jurisdiction.
  • Political dynamics: Open ballot and anti‑defection nuances affect party discipline and coalition politics.

Related Constitutional / Legal Provisions

  • Article 80 – composition of Rajya Sabha.
  • Article 84 – qualifications for membership.
  • Article 249 – Parliament’s power to legislate on State List.
  • Article 312 – creation of All‑India Services.
  • Article 352, 356, 360 – emergency provisions.
  • Representation of the People Act, 1951 – election procedures and casual vacancy rules.
  • Tenth Schedule (Anti‑Defection Law) – Supreme Court interpretation for Rajya Sabha elections.

Frequently Asked Questions (FAQs)

  1. How are Rajya Sabha members elected? Indirectly by elected MLAs using STV.
  2. What is the purpose of the open ballot system? To curb cross‑voting and money power by making party votes transparent.
  3. Does the anti‑defection law apply to Rajya Sabha elections? No; voting against the party whip does not lead to disqualification, though parties may discipline members.
  4. What special powers does the Rajya Sabha hold? Authority under Articles 249 and 312, and role in emergency proclamations.

Previous Year Questions (PYQs)

  • 2020 Prelims: Rajya Sabha has equal powers with Lok Sabha in amending the Constitution (Article 368).
  • 2016 Prelims: A Bill pending in Rajya Sabha does not lapse on dissolution of Lok Sabha.
  • 2015 Prelims: Rajya Sabha cannot reject or amend a Money Bill, cannot vote on Demands for Grants, and cannot discuss the Annual Financial Statement.