Topic 02 of 6 · Chapter 08 · Indian Polity
Rajya Sabha — Composition, Powers & Functions
The upper house of Parliament — its permanent nature, composition, Chairman, special powers under Art 249 & 312, and key articles.
📋 In This Article
1. Composition & Strength
The Rajya Sabha is the upper house (Council of States) of the Indian Parliament. It represents the States and Union Territories of India.
| Feature | Detail |
|---|---|
| Maximum Strength | 250 (238 elected + 12 nominated) |
| Present Strength | 245 (233 elected + 12 nominated) |
| Elected Members | 238 maximum (representatives of States and UTs) |
| Nominated Members | 12 (nominated by President — persons with expertise in art, literature, science, social service) |
| Article | Article 80 |
| Retirement | 1/3rd members retire every 2 years |
| Term of each member | 6 years |
⭐ Exam Tip: The 12 nominated members of Rajya Sabha are nominated by the President for their expertise in art, literature, science, and social service. They do NOT participate in the election of the President (Art 55) but DO participate in the election of the Vice-President (Art 66).
2. Election & Qualifications
Method of Election
Members representing States are elected by the elected members of the State Legislative Assemblies through proportional representation by means of single transferable vote. Members representing UTs are elected as prescribed by Parliament.
Qualifications for Membership (Art 84)
- Must be a citizen of India
- Must be not less than 30 years of age
- Must be registered as a voter in the State from which elected (requirement relaxed — can be voter in any State)
- Must possess such other qualifications as Parliament may prescribe
✅ Remember: The Rajya Sabha seat allocation to States is NOT strictly proportional to population — smaller states get more representation relative to their population. This is to protect the interests of smaller states.
3. Permanent House — Never Dissolved
The Rajya Sabha is a permanent house — it is never dissolved (Art 83). This ensures continuity of Parliament. One-third of its members retire every two years, and fresh elections are held for those seats.
💡 Key Concept: Since Rajya Sabha never dissolves, bills pending in Rajya Sabha do not lapse when Lok Sabha is dissolved. However, bills pending in Lok Sabha or bills passed by Lok Sabha but pending in Rajya Sabha lapse when Lok Sabha is dissolved (except Money Bills and Constitutional Amendment Bills).
4. Chairman & Deputy Chairman
Chairman (Article 89)
- The Vice-President of India is the ex-officio Chairman of Rajya Sabha
- Presides over the sessions of Rajya Sabha
- Has casting vote in case of a tie
- Cannot vote in the first instance (unlike Speaker of Lok Sabha)
- Removal: The Chairman can be removed from office only when he is removed from the office of Vice-President
Deputy Chairman (Article 90)
- Elected by the members of Rajya Sabha from among themselves
- Presides in the absence of the Chairman
- Removal: by a resolution passed by a majority of all the then members of Rajya Sabha (14 days’ notice required)
📌 Note: When the Chairman (VP) presides over Rajya Sabha, he is not a member of Rajya Sabha. He cannot vote in the first instance but has a casting vote in case of a tie. The Speaker of Lok Sabha, on the other hand, is a member of Lok Sabha.
5. Powers & Functions
Legislative Powers
- Can pass ordinary bills and constitutional amendment bills
- Cannot introduce or amend Money Bills
- Can only delay Money Bills by 14 days
- Equal powers with Lok Sabha on constitutional amendment bills
- In case of deadlock on ordinary bills, joint sitting is convened (Art 108)
Financial Powers
- Cannot introduce Money Bills
- Can suggest amendments to Money Bills but Lok Sabha may or may not accept them
- If Rajya Sabha does not return a Money Bill within 14 days, it is deemed to have been passed by both Houses
Control over Executive
- Ministers who are members of Rajya Sabha are accountable to it
- Can ask questions, move resolutions, and discuss matters of public importance
- Cannot pass a no-confidence motion against the government
6. Special Powers of Rajya Sabha
Rajya Sabha has two exclusive special powers that Lok Sabha does not have:
| Article | Power | Details |
|---|---|---|
| Art 249 | Legislation on State List | Rajya Sabha can pass a resolution by 2/3rd majority of members present and voting, authorizing Parliament to legislate on a State List subject in the national interest. Resolution valid for 1 year (renewable). |
| Art 312 | Creation of All India Services | Rajya Sabha can pass a resolution by 2/3rd majority declaring it necessary in the national interest to create new All India Services common to the Union and States. |
⭐ Exam Tip: Art 249 and Art 312 are the EXCLUSIVE special powers of Rajya Sabha. These are very frequently asked in UPSC, APPSC, and TGPSC exams. Remember: both require 2/3rd majority of members present and voting.
7. Key Constitutional Articles
| Article | Subject |
|---|---|
| Art 80 | Composition of Rajya Sabha |
| Art 83 | Duration of Houses (RS is permanent) |
| Art 84 | Qualifications for membership (30 years for RS) |
| Art 89 | Chairman and Deputy Chairman of Rajya Sabha |
| Art 90 | Vacation and resignation of Deputy Chairman |
| Art 249 | Power of Parliament to legislate on State List in national interest |
| Art 312 | All India Services — creation by Rajya Sabha resolution |
8. Key Points for Exam
🔑 Must-Remember Facts
- Rajya Sabha maximum strength = 250 (238 elected + 12 nominated)
- Current strength = 245 (233 + 12)
- 12 nominated members — expertise in art, literature, science, social service
- Nominated members do NOT vote in Presidential election but DO vote in VP election
- Rajya Sabha is a permanent house — never dissolved (Art 83)
- 1/3rd members retire every 2 years; each member’s term = 6 years
- Minimum age = 30 years (Art 84)
- Chairman = Vice-President of India (ex-officio) — Art 89
- Deputy Chairman elected by members of Rajya Sabha — Art 90
- Special powers: Art 249 (State List legislation) and Art 312 (All India Services)
- Both special powers require 2/3rd majority of members present and voting
- Art 249 resolution valid for 1 year (renewable)
- Cannot pass no-confidence motion against government
- Can only delay Money Bill by 14 days