Q.28) Rajya Sabha has been transformed from a ‘useless stepneytyre’ to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (GS-II: POLITY, UPSC CSE 2020)(Answer in 250 words,15-marks)

Table of Contents

APPROACH AND STRUCTURE

- Brief intro about Rajya Sabha.
- Explain the factors and the areas where the change is Mention some examples/facts.
- Also, mention the criticism of working in recent times.
- Conclude by highlighting the significance of Rajya Sabha.

INTRODUCTION: Indian Constitution provides for Parliamentary democracy wherein Union Legislature consists of two Houses (Bicameralism) i.e. Lok Sabha (which is lower House) and Rajya Sabha (Upper House). Rajya Sabha is permanent House of Parliament having unique role in law making.

Rajya Sabha has evolved its role since independence in following factors and areas:

- It acts as important platform for deliberation, discussion on public policy matters.
- It checks hasty, defective, careless and ill‐considered legislation made by the Lok Sabha by making provision of revision and thought.
- It facilitates giving representation to eminent professionals and experts who cannot face the direct election. The President nominates 12 such persons to the Rajya Sabha.
- It maintains the federal equilibrium by protecting the interests of the states against the undue interference of the Centre.

It is visible from the following examples:

Casting Vote by the Chair	The first and the only time when a Presiding Officer of Rajya Sabha cast his vote was for the Code of Criminal Procedure (Amendment) Ordinance, 1991.
Approval to Rajya Sabha	President rule was extended in Tamil Nadu and Nagaland in 1977, and for Haryana in 1991, only by Rajya Sabha as Lok Sabha was dissolved.
Removal of Judge	Rajya Sabha adopted a motion for removal of a judge in respect of Justice Soumitra Sen of Calcutta High Court in 2011. He quit before the motion was taken to Lok Sabha.

Expulsion of member

Rajya Sabha expelled Subramanian Swamy (1976), Chatrapal Singh (2005) and Sakshi Maharaj (2006) for different reasons that are derogatory to the conduct of a parliamentarian.

Chamber of Ideas

Rajya Sabha has brought great ideas to the forefront time and again. Climate change which is a hot topic now was first raised in Rajya Sabha in 1953.

Key Bills passed by Rajya Sabha

1. Social transformation bills:

1. Hindu Marriage and Divorce Bill in 1952

2. Muslim Women (Protection of Rights on Marriage) Bill,2019

2. Economic transformation bills:

1. Imposition of additional excise duty on dhotis in 1953

2. Introduction of GST in 2017

3. Industrial Disputes (Amendment) Bill in 1954

4. New Delhi International Arbitration Centre Bill, 2019

3. Bills regarding territory of India:

1. Andhra State Bill in 1953

2. Jammu and Kashmir Reorganisation Bill, 2019

4. Bills regarding Education:

1. All India Institute of Medical Sciences Bill, 1955

2. National Medical Council Bill, 2019

3. Establishment of UGC, 1954

4. Right to Free and Compulsory Education, 2009

5. Maintaining Law and Order:

1. Preventive Detention (Second Amendment) Bill, 1952

2. Unlawful Activities (Prevention) Amendment Bill, 2019

However, in recent times, working of Rajya Sabha has been under criticism due to following:

Checks and Balance vs. Checking and Clogging	It is the duty of Rajya Sabha to check and balance the government actions but that should not mean that the checks and balances turn into checking and clogging of work by Parliamentarians moving to the well affecting the efficiency of the House.
Centre State Relations	Taking strong actions such as conversion of J&K into Union Territory should be taken after due discussion in Rajya Sabha. Rajya Sabha represents the states in the Parliament and thus it should be consulted in issues affecting Centre state relations.
Resources	The House lacks the required resources such as research staff for studying the bills and issues in detail. Also, members don’t get enough time to speak even though the size of Rajya Sabha is half of Lok Sabha.
Reduction in the number of sittings	In early years Rajya Sabha used to meet on an average for 90 days in a year. However, this number has gone down to an average of 68 days in a year.

Nomination of Members	The provision of nomination of members to the Rajya Sabha by the President is a very uncommon provision. The role played by these nominated members has never been scrutinised and thus question the principles of democracy. Nomination of Sachin Tendulkar or Vijay Mallya raises this question.
Partisanship	It was envisaged that the members in Rajya Sabha will not be bound by Party politics and thus will provide non-partisan view for the development of whole nation. However, it has not been the case especially after the addition of anti-defection law.

CONCLUSION:

Any institution is as good and bad as the people elected to that institution. Still Rajya Sabha has played a major role in Indian polity by not limiting itself to the ideas and constituency politics of the Lower House. It can play a role of friend, philosopher and guide to the Lower House.As accepted by former PM, Atal Bihari Vajpayee, Rajya Sabha is the second House but not secondary House.

Spread the Word

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