Introduction

Amidst ongoing discussions on delimitation and challenges to states’ fiscal autonomy, it is crucial to assess the functioning of the Rajya Sabha and explore institutional reforms to strengthen its role as a representative body for states. Since its inception in 1952, the Rajya Sabha, or Council of States, has been an integral part of India’s bicameral parliamentary system, envisioned as a deliberative and revisory chamber to ensure thorough legislative scrutiny and provide a federal counterbalance to the Lok Sabha.

However, its relevance has been a subject of debate. Critics argue that it lacks direct accountability, occasionally functions as an obstructionist body, and is often used to accommodate political loyalists. Others defend its role, emphasizing that it prevents majoritarian excesses, ensures continuity in governance, and allows for a more reflective legislative process.

Despite its constitutional significance, several structural challenges have weakened its effectiveness. The politicization of nominations, dilution of domicile requirements, and the increasing use of Money Bills to bypass its authority has undermined its influence. Additionally, frequent disruptions and declining productivity have further tarnished its reputation, raising concerns about its ability to fulfill its original mandate.

Constitutional Provisions and Powers of the Rajya Sabha

1. Membership and Tenure

Unlike the Lok Sabha, which is dissolved every five years, the Rajya Sabha is a permanent body. Instead, one-third of its members retire every two years, ensuring continuity.

• Composition:
• 238 elected members (chosen by State Legislative Assemblies).
• 12 nominated members (appointed by the President for their expertise in literature, science, art, or social service).
• Total Strength: 245 members.

2. Legislative Role and Powers

• Ordinary Bills: Rajya Sabha has equal powers with the Lok Sabha in passing laws.
• Money Bills (Article 110): Rajya Sabha can only suggest changes, but the Lok Sabha is not bound to accept them.
• Budget and Financial Bills: Rajya Sabha cannot amend the Union Budget.
• No-Confidence Motion: The government is accountable only to the Lok Sabha (Article 75(3)).
• Constitutional Amendments (Article 368): Both Houses must pass amendments with a special majority.

3. Special Powers of the Rajya Sabha

• Legislation on State List Subjects (Article 249): Rajya Sabha can pass a resolution by a two-thirds majority, allowing Parliament to make laws on state subjects in national interest.
• Used only twice:
• 1952: Allowed Parliament to regulate essential commodities.
• 1986: Allowed Parliament to regulate professional education.
• Creation of All India Services (Article 312):
• This led to the formation of services like the Indian Forest Service, Indian Medical & Health Service, and Indian Engineering Service.

Key Challenges Facing the Rajya Sabha

Concerns over Candidate Selection in the Rajya Sabha

One of the most pressing concerns regarding the Rajya Sabha is the way candidates are selected. The lack of institutional norms to ensure well-qualified members has resulted in political parties nominating individuals based on financial power rather than legislative merit.

Key Statistics on Rajya Sabha Membership (2024):

• 36% of current Rajya Sabha members have criminal antecedents.
• 87% of Rajya Sabha members have assets over ₹1 crore.
• 12% of members are billionaires, including real estate and mining barons.
• The average net worth of a Rajya Sabha MP is ₹79.54 crore.

This trend has led to concerns that Rajya Sabha seats are being “auctioned” to the highest bidder in exchange for political funding.

Politicization of Nominated Members

Under Article 80(3) of the Constitution, 12 members of the Rajya Sabha are nominated by the President of India based on their expertise in literature, science, art, or social service. This provision was meant to bring diverse expertise into the legislature. However, in recent years, this nomination process has been increasingly politicized, with nominees aligning with ruling parties soon after their selection.

Dilution of Domicile Rules and Its Impact on Federalism

The Rajya Sabha was created to represent state interests, ensuring that members had a strong connection to the states they represented. However, this principle has been diluted over time, particularly after the 2003 amendment to the Representation of the People Act, 1951, which removed the domicile requirement for Rajya Sabha members.

Impact of Removing Domicile Requirements:

• Rajya Sabha members no longer need to reside in the states they represent.
• 41 members of the Rajya Sabha in 2019 did not meet the domicile requirement.
• This has enabled political parties to nominate losing Lok Sabha candidates or party loyalists with no connection to the state, prioritizing party interests over state concerns.

Judicial Intervention and the Kuldip Nayar Case (2006)

• In Kuldip Nayar v. Union of India (2006), the Supreme Court ruled that domicile is not essential for Rajya Sabha membership.
• The Court justified this by stating that the Rajya Sabha is meant to be a forum for dignified debate, not necessarily tied to state representation.

However, critics argue that non-resident members do not adequately represent state interests, undermining the federal purpose of the Rajya Sabha.

The Money Bill Disadvantage

One of the biggest structural weaknesses of the Rajya Sabha is its limited role in financial legislation.

Constitutional Provisions:

• Article 110 defines a money bill as a bill that deals exclusively with taxation, borrowing, or government expenditure.
• Article 109 grants the Lok Sabha exclusive authority over money bills, allowing the Rajya Sabha to only recommend changes (which the Lok Sabha can reject outright).

Recent Cases where the Money Bill Route was used to Bypass the Rajya Sabha:

1.   Aadhaar (Targeted Delivery of Financial and Other Subsidies) Bill, 2017

2.   Finance Bill 2018

Since the Speaker of the Lok Sabha has the final authority to determine whether a bill is a money bill, the government has been accused of misusing this provision to avoid scrutiny in the Rajya Sabha, particularly when it does not hold a majority there.

Although the Supreme Court has ruled that the Speaker’s decision can be challenged in court, no verdict has yet overturned the classification of a bill as a money bill.

The Anti-Defection Law and Its Impact on Rajya Sabha’s Independence

The anti-defection law, enacted in 1985, was introduced to prevent party-hopping among legislators. While it has helped in ensuring political stability, its application to Rajya Sabha members is controversial.

Why is the Anti-Defection Law Problematic for Rajya Sabha?

• Unlike the Lok Sabha, the Rajya Sabha does not determine government stability.
• Upper House MPs are supposed to act as independent lawmakers, but the anti-defection law forces them to vote along party lines, reducing their ability to independently review legislation.

Proposed Reform:

• Amend the anti-defection law so that Rajya Sabha members are only bound by party discipline on no-confidence motions or finance bills.
• This will restore independent decision-making in the Rajya Sabha.

Way Forward:

1.   Restore Domicile Requirement: Require MPs to be residents of the states they represent.

2.   Revise Membership Rules: Ensure at least 50% of Rajya Sabha members are domain experts rather than career politicians.

3.   Restrict the Use of Money Bills: Amend Article 110 to allow Rajya Sabha to review Money Bills.

4.   Improve Representation: Introduce equal representation for all states, reducing the dominance of populous states.

5.   Amend the Anti-Defection Law: Allow Rajya Sabha members more freedom in voting.