Actual Article
Article 80: Composition of the Council of States
- The Council of States (Rajya Sabha) shall consist of:
a. Twelve members to be nominated by the President from persons having special knowledge or practical experience in literature, science, art, and social service.
b. Not more than two hundred and thirty-eight representatives of the States and of the Union territories. - The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.
- The representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.
- The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe.
UPSC Notes for Article 80
Explanation:
- Composition of Rajya Sabha: Article 80 details the composition of the Rajya Sabha, India’s upper house of Parliament.
- Nominated Members: The President nominates 12 members with expertise in specific fields.
- Elected Representatives: Up to 238 members represent states and union territories, elected by state legislative assemblies.
- Proportional Representation: Representatives are elected through proportional representation by a single transferable vote system.
- Union Territories Representation: Parliament prescribes the method for selecting representatives from union territories.
Key Points:
- Expertise in Various Fields: The nominated members bring specialized knowledge, contributing to diverse debates and informed decision-making in the Rajya Sabha.
- State Representation: Ensures states have a voice in the federal legislative process, maintaining the federal structure of India.
- Proportional Representation System: Provides fair representation to various political parties based on their strength in state legislative assemblies.
- Fourth Schedule: Details the allocation of Rajya Sabha seats among states and union territories.
Important Cases and Commissions Related to Article 80
Cases:
- Kuldip Nayar vs. Union of India (2006): The Supreme Court upheld the constitutionality of open ballot voting in Rajya Sabha elections, discussing the implications for Article 80.
- Amarendra Dhari Singh vs. Union of India (2021): Examined the procedure for the nomination and election of members to the Rajya Sabha.
Commissions:
- Sarkaria Commission (1983): Analyzed the role and functioning of the Rajya Sabha in the context of Centre-State relations.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to enhance the effectiveness and efficiency of the Rajya Sabha.
Previous Year Prelims Questions Related to Article 80
- (UPSC Prelims 2014) Which of the following statements is correct regarding the Rajya Sabha?
- A. It has a maximum of 250 members
- B. It has a fixed term of 5 years
- C. It is dissolved every five years
- D. All members are directly elected by the people Correct Answer: A. It has a maximum of 250 members
- (UPSC Prelims 2019) The Rajya Sabha is a permanent house but one-third of its members retire every:
- A. Year
- B. Two years
- C. Three years
- D. Five years Correct Answer: B. Two years
Previous Year Mains Questions Related to Article 80
- Mains 2015: “Discuss the significance of the Rajya Sabha in the Indian parliamentary system. How does Article 80 contribute to its composition and functioning?”
- Mains 2018: “Analyze the role of nominated members in the Rajya Sabha. How does the inclusion of experts from various fields enhance the legislative process?”
Additional Insights:
- Permanent House: Unlike the Lok Sabha, the Rajya Sabha is not subject to dissolution and is a permanent body, with one-third of its members retiring every two years.
- Diverse Expertise: The inclusion of nominated members ensures that the Rajya Sabha benefits from the insights of individuals who have excelled in various fields, enriching parliamentary debates and legislation.
- Balancing Federal Interests: The representation of states in the Rajya Sabha ensures that regional interests are taken into account in the legislative process, balancing the power dynamics between the central and state governments.
Understanding Article 80 is crucial for UPSC aspirants as it provides insights into the structure and functioning of the Rajya Sabha, highlighting the balance of power in India’s federal system. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of parliamentary governance and legislative processes in India.