News- The Election Commission announced biennial elections for 37 Rajya Sabha seats across 10 states, with polling scheduled on 16 March.
About Rajya Sabha Elections :
Rajya Sabha elections are indirect elections through which representatives of States and Union Territories are chosen for the Upper House.
Constitutional Provision:
- Article 80 (1):
- The Rajya Sabha shall consist of the President and not more than 250 members.
- Out of these, 12 are nominated by the President and the rest represent the States and Union Territories.
- Article 80 (2): The allocation of seats in the Rajya Sabha to the States and Union Territories shall be as specified in the Fourth Schedule.
- Article 80 (3): The members nominated by the President shall be persons having special knowledge or practical experience in literature, science, art, or social service.
- Article 80 (4): Representatives of each State are elected by the elected members of the State Legislative Assembly in accordance with proportional representation by means of the single transferable vote.
- Article 80 (5): Representatives of Union Territories are chosen in such manner as Parliament may by law prescribe.
Term: The Rajya Sabha is not subject to dissolution, and one-third of its members retire every second year.
Qualification: Article 84 of the Constitution lays down the qualifications for membership of Parliament. Qualification for the membership of the Rajya Sabha are:
- A person must be a citizen of India and take an oath or affirmation before an authorised person of the Election Commission.
- The person must not be less than 30 years of age.
- The person must possess other qualifications prescribed by law made by Parliament.
Composition: At present, the Rajya Sabha has 245 seats, including elected members and nominated members.
Manner of Election:
- Indirect Election: Representatives of States are elected indirectly by elected members of State Legislative Assemblies.
- Voting System: Elections follow proportional representation by means of the single transferable vote. Representation of the People Act, 1951, Mandates that the election is conducted through a single transferable vote system.
- Union Territories: Representatives of Union Territories are chosen in a manner prescribed by Parliament.
- Polling Condition: Polling takes place only when the number of candidates exceeds the number of vacancies.
- Open Ballot: Voting is conducted through an open ballot under the Representation of the People Act, 1951, as amended in 2003. MLAs of political parties must show their ballot to the authorised party agent, while independent MLAs cannot show their ballot.
Anti-defection law applicability:
- The Election Commission clarified in July 2017 that the provisions of the Tenth Schedule, including the anti-defection law, do not apply to Rajya Sabha elections.
- Therefore, political parties cannot issue a whip, and members are not bound by party instructions in these elections.
