Context: The Chandigarh Municipal Corporation recently approved a proposal to amend Article 80 of the Constitution so that its councillors could send a representative to the Rajya Sabha. So far, Chandigarh has no representation in the Rajya Sabha.

What is a Private Member Bill?

• The Private Member Bill is a bill introduced by a Member of Parliament (MP), who is not a minister.
• It is mostly brought in the house by MPs sitting in the Opposition.

The Constitution Amendment Bill, 2021

• The private bill was brought in to amend Article 80 of constitution.
• Article 80 of the Constitution of India deals with the composition of the council of states also called the Upper House and Rajya Sabha (Upper House).

Why is an amendment bill introduced?

• The opposition minister has sought an amendment in the constitution to add a provision in Article 80 clause (5).
• It proposes that ‘representative of the Union Territory of Chandigarh in the council of states shall be elected by an electoral college consisting of elected members of Municipal Corporation of Chandigarh constituted under the Punjab Municipal Corporation (Extension to Chandigarh) Act, 1994.
• The Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 is an act to provide for the extension of the Punjab Municipal Corporation Act, 1976 to the Union territory of Chandigarh.

Where does Chandigarh stand?

• Chandigarh is a Union Territory without any legislative assembly.
• It has a seat of Member of Parliament (MP) in the lower house (Lok Sabha) or House of the People.
• The residents elect an MP every five years through direct voting.

What are the legal objections?

• As per the legal opinion: the elected Municipal Corporation Councillors do not form the electoral college for selecting a member for Upper house (Rajya Sabha).
• This is beyond the powers of the Municipal Corporation.
• The extensions of civic body functions beyond its scope would go against the constitutional mandate of such Municipal Corporation.

By: Shubham Tiwari