A Rajya Sabha rebalance must go with Lok Sabha expansion

Context: India is a federal structure with a unitary bias. The Constitution strikes a balance between popular will, exercised by the Lok Sabha, and the interests of states through the Rajya Sabha.

But, we have allowed popular fashions and political exigencies to undermine the federal structure.

What are the various states’ concerns?

Delimitation exercises have raised the deep anxieties, fears and grievances amongst the states. States in the south and the east are concerned about the prospect of the more populous north gaining Lok Sabha seats.

The fact that delimitation has been postponed twice since the 1970s suggests there are deep misgivings among states over their status and power within the federal structure. These fears are re-emerging now that delimitation is in the offing.

That is why it is crucial to take an enlightened national approach to the matter, not partisan or parochial ones.

What is the way forward?

The Lok Sabha must be expanded and constituted on the basis of population: This can mean that highly populated northern states get more seats, then that has to be accepted. However, the constitutional principles also demand that the standing of states not get diminished relative to each other, or to the Union.

Domicile requirements: The 2003 amendment to the Representation of People’s Act that did away with domicile requirements for Rajya Sabha candidates and the 2006 apex court verdict in Kuldip Nayar vs Union of India that upheld it have undermined the federal balance.

– Students have to prove they have lived in a state for seven years before they can get admission to professional courses under the state quota.

– A citizen must provide proof of residence to register as a voter in the local and state elections. Many states have domicile requirements for government jobs and welfare entitlements.

– Yet, the Rajya Sabha now does not. We thus have people who cannot vote in or stand for a local election in a state representing it in the Rajya Sabha.

Hence, domicile requirements must be brought back.

Equality among states: The Upper House must also be reformed in line with Ambedkar’s vision of equality among states.

– In the US, tiny Rhode Island and giant California both have the same number of representatives in the federal Senate.

– Here, Manipur has a single Rajya Sabha member, who does not even have to be from the state, while Uttar Pradesh has 31.

Way forward

Design has consequences. Perhaps the Supreme Court was right to opine that the Rajya Sabha is not akin to the US Senate, but in the interests of national unity, we should make it so.

Let all states have the same number of seats in the Rajya Sabha.

Source: This post is based on the article “A Rajya Sabha rebalance must go with Lok Sabha expansion” published in Livemint on 22nd May 22.