Context: Elections for 57 Rajya Sabha seats across 15 states are slated to be held on June 10 and the results will be announced on the same day. 

Significance of Rajya Sabha

• Rajya Sabha enjoys some special powers.

Empowers Parliament to make a law on a matter enumerated in the State List  in the national interest.

• If it passes a resolution by a majority of not less than two-thirds of members present and voting, saying that it is “necessary or expedient in the national interest” that Parliament should make a law on a matter enumerated in the State List.
• Such a resolution remains in force for a maximum of one year but this period can be extended by one year at a time by passing a similar resolution.

A similar route can be adopted for recommending creation of one or more All India Services common to the Union and the states.

• Parliament becomes empowered to create such services.

Also, Rajya Sabha has a role to play if the President issues proclamations in the event of national or financial emergency or failure of constitutional machinery in a State.

• Every such proclamation has to be approved by both Houses of Parliament within a stipulated period.

Under certain circumstances, however, Rajya Sabha enjoys special powers.

• If a proclamation is issued at a time when Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place within the period allowed for its approval, then the proclamation remains effective, if it is passed by Rajya Sabha within the period specified under Articles 352, 356 and 360 of the Constitution.

Rajya Sabha Membership

• Rajya Sabha is a permanent House and cannot be dissolved.
• To ensure continuity, one-third of its members retire after every second year, under Article 83(1) of the Constitution, and “biennial elections” are held to fill these vacancies.
• The term of a member is six years.
• Out of the 245 members, 12 are nominated by the President and 233 are representatives of the States and Union territories of Delhi and Puducherry.
• Under Article 80(3), the 12 nominated members should have special knowledge or practical experience in matters like literature, science, art and social service.
• A nominated member may join a party within six months of taking a seat.
• Vacancies arising due to resignation, death or disqualification are filled up through by polls, and those elected serve out the remainder of their predecessors’ term.

Rajya Sabha Election

• Rajya Sabha MPs are elected by Member of Legislative Assemblies (MLAs) through an indirect election.
• Article 80(4) provides that members shall be elected by the elected members of state Assemblies through a system of proportional representation by means of a single transferable vote.
• The Fourth Schedule to the Constitution provides for allocation of Rajya Sabha seats to the states and Union Territories, on the basis of the population of each state.
• For instance, there are 31 Rajya Sabha seats in Uttar Pradesh and 1 in Goa.
• Elections are held when there are more candidates than vacancies; otherwise, candidates are elected unopposed.

Counting of votes

• The number of votes a candidate requires depends on the number of vacancies and the strength of the House.
• If there is only one vacancy, the required quota, is calculated by taking the number of votes polled, divided it by 2, and adding 1.
• For example, if 100 votes are polled in an Assembly, the Rajya Sabha candidate would need: 100/2 + 1 = 51 votes
• If there is more than one vacancy, the equation is based on an assigned value of 100 for every first-preference vote.
• The values of the votes credited to all candidates are totalled.
• The total is divided by 1 more than the number of vacancies, and 1 is added to this quotient.
• For example, if 100 members of an Assembly vote for 3 Rajya Sabha vacancies, the required quota by any candidate would be: (100 × 100)/ (3 + 1) + 1 = 2501
• If for any seat, candidates fail to get the specified number, the second-preference votes will be taken into account, but with a lower value.

Why don’t the Rajya Sabha polls have a secret ballot?

• The Rajya Sabha polls have a system of open ballots, but it is a limited form of openness.
• As a measure to check rampant cross-voting, there is a system of each party MLA showing his or her marked ballots to the party’s authorized agent (called Whip), before they are put into the ballot box.
• Showing a marked ballot to anyone other than one’s own party’s authorized agent will render the vote invalid. Not showing the ballot to the authorized agent will also mean that the vote cannot be counted.
• And independent candidates are barred from showing their ballots to anyone.

Is there a NOTA option in voting in Rajya Sabha?

• The ECI issued two circulars in 2014 and in 2015 giving Rajya Sabha members the option to press the NOTA button in the Upper House polls.
• However, in 2018, the Supreme Court struck down the provision, holding that the ‘none of the above’ option is only for general elections. It cannot be applied to indirect elections based on proportional representation.

Does cross-voting attract disqualification?

• The Supreme Court, while declining to interfere with the open ballot system, ruled that not voting for the party candidate will not attract disqualification under the anti-defection law.
• As voters, MLAs retain their freedom to vote for a candidate of their choice.
• However, the Court observed that since the party would know who voted against its own candidate, it is free to take disciplinary action against the legislator concerned.

Can a legislator vote without taking an oath as a member of the Assembly?

• While taking an oath as a member is for anyone to function as a legislator, the Supreme Court has ruled that a member can vote in a Rajya Sabha election even before taking an oath as a legislator. 
• It ruled that voting at the Rajya Sabha polls, being a non-legislative activity, can be performed without taking an oath. 
• A person becomes a member as soon as the list of elected members is notified by the ECI. Further, a member can also propose a candidate before taking an oath.

By: Shubham Tiwari