TAG: GS 2: POLITY
THE CONTEXT: The recent general elections in India have resulted in the creation of ten vacancies in the Rajya Sabha, as several of its members have been elected to the Lok Sabha.
EXPLANATION:
- This significant shift in membership necessitates the announcement of new elections to fill these vacant seats in the upper house of Parliament.
- The Rajya Sabha Secretariat has officially notified the vacancies.
- The seats affected include:
- Assam: Two seats vacated by Kamakhya Prasad Tasa and Sarbananda Sonowal.
- Bihar: Two seats vacated by Misha Bharti and Vivek Thakur.
- Maharashtra: Two seats vacated by Udayanraje Bhonsle and Piyush Goyal.
- Haryana: One seat vacated by Deepender Singh Hooda.
- Madhya Pradesh: One seat vacated by Jyotiraditya M. Scindia.
- Rajasthan: One seat vacated by K. C. Venugopal.
- Tripura: One seat vacated by Biplab Kumar Deb.
Legislative Framework
- The notification by the Rajya Sabha Secretariat cites relevant provisions from the Representation of the People Act, 1951.
- According to sub-section (2) of Section 69, read with Section 67A and sub-section (4) of Section 68, these members have ceased to be part of the Rajya Sabha as of June 4, 2024, the date they were chosen as members of the 18th Lok Sabha.
- The departure of these members from the Rajya Sabha to join the Lok Sabha reflects the outcome of the just-concluded general elections.
- This transition underscores the dynamic nature of India’s parliamentary system, where elected representatives may shift from one house to another based on election results and party strategies.
Process of Filling Vacancies
- Following the notification, the Election Commission of India will announce the dates for holding elections to fill these vacancies.
- The process involves several steps:
- Notification by Rajya Sabha Secretariat: Officially declaring the vacancies.
- Election Commission’s Announcement: Setting the dates for elections to fill the vacant seats.
- Election Process: Conducting the elections to elect new members to the Rajya Sabha.
Political Implications
- The election of these Rajya Sabha members to the Lok Sabha can have several political implications:
- Party Dynamics: The shift can alter the balance of power within the Rajya Sabha, impacting legislative processes and decision-making.
- Strategic Moves: Parties may leverage these changes to strengthen their positions in both houses of Parliament.
- Representation: The new elections will bring fresh faces to the Rajya Sabha, potentially influencing the legislative agenda and priorities.
Rajya Sabha Elections
- As per Article 80 of the Constitution, representatives of each State to the Rajya Sabha are elected indirectly by the elected members of their Legislative Assembly.
- Section 59 of the Representation of the People Act, 1951 was amended to provide that the voting in elections to Rajya Sabha shall be through an open ballot.
- The Rajya Sabha has a strength of 250 members representing States and Union Territories including Delhi and Puducherry.
- Out of the total, 12 are directly nominated by the President from the fields of art, literature, science, Social Service.
- Rajya Sabha seats are distributed among states based on their population. For example, Uttar Pradesh has a quota of 31 Rajya Sabha seats while Goa has just one.
- The Members of the state legislative assemblies choose Rajya Sabha members through an indirect election system of proportional representation by means of a Single Transferable Vote (STV).
- In this system, the voting power of each MLA is determined by the population of their respective constituencies.
- To be elected, a candidate must secure a specific number of votes known as quotas. The quota is determined by dividing the total valid votes by the number of seats available plus one.
Election Commission of India
- The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India.
- It was established in accordance with the Constitution on 25th January 1950 (celebrated as national voters’ day). The secretariat of the commission is in New Delhi.
- The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
- It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.
Constitutional Provisions:
- Part XV (Article 324-329) of the Indian Constitution: It deals with elections and establishes a commission for these matters.
- Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
- Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll-on grounds of religion, race, caste or sex.
- Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be based on adult suffrage.
- Article 327: Power of Parliament to make provision with respect to elections to Legislatures.
- Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
- Article 329: Bar to interference by courts in electoral matters.
