ROLE OF RAJYA SABHA IN A FEDERAL DEMOCRACY

Spread the love

Post Views: 25

This Article is written by Akhi Akter Nishi, University of Information Technology and Sciences (UITS), an intern under Legal Vidhiya.

Table of Contents

ABSTRACT

In the context of India’s federal democratic system, this assignment explores the various functions of the Rajya Sabha, the country’s upper house of parliament. It analyzes its constitutional mandate, its functions in law-making and oversight, and its significance in representing the interests of the states. The paper also explores challenges the Rajya Sabha faces in fulfilling its role, including political interference, legislative disruptions, and the “money bill” route. It further touches upon relevant laws, significant case laws, criticisms, and evolving challenges that have shaped its functioning.

KEYWORDS

Rajya Sabha, Federal Democracy, Indian Parliament, Bicameralism, States’ Rights, Legislative Review.

INTRODUCTION

The Rajya Sabha, also called the Council of States, is an important part of India’s two-house parliamentary system. India’s federal components, which include states and union territories, are represented by this upper body, which collaborates with the lower house, the Lok Sabha. The Rajya Sabha was created under Article 80 of the Indian Constitution[1]. It acts as a federal chamber for states and union territories. Unlike the Lok Sabha, which is made up of directly elected members, the Rajya Sabha has members chosen by state legislatures. This setup ensures that regional voices play a role in shaping national policies. Its establishment was a careful constitutional decision to balance national unity with the diversity of its different parts, making sure that states can contribute to the country’s legislative process.

This paper looks at the historical background, constitutional rules, legislative powers, and the changing role of the Rajya Sabha in maintaining India’s federal democracy.

MAIN BODY

In India’s parliamentary system, the Rajya Sabha connects the Union and the states, reflecting the federal principle. To ensure that state interests are included in the national legislature, its members are chosen indirectly by elected representatives from state legislative assemblies. While the Rajya Sabha and the Lok Sabha share much of the legislative power, there are some areas where their roles differ. [2]The Rajya Sabha can exclusively allow Parliament to make laws on topics listed in the State List, serving as a crucial check on the Union’s influence over state matters. To use this power under Article 249, the Rajya Sabha needs a resolution with a two-thirds majority. It also has the power to create new All-India Services under Article 312, which impacts governance and administration in every state. Additionally, the Rajya Sabha acts as a revising house, providing a space for in-depth discussion and review of laws passed by the Lok Sabha. Historically, it has helped increase accountability of the executive and prevent rushed legislation. The purpose of nominated members, chosen for their expertise in social service, science, literature, and the arts, is to enhance the quality of debate in the House by introducing different perspectives. The Rajya Sabha has been criticised for its role in causing legislative disruptions and political impasses, much like the Lok Sabha.[3]

Similar to the Lok Sabha, the Rajya Sabha has come under fire for its role in causing legislative disruptions and political impasses. Concerns about its effectiveness in representing state interests have arisen, partly because it is seen as a “parking lot” for political figures, issues with selecting nominated members, and relaxed residency requirements. Some have claimed that the Speaker of the Lok Sabha has classified certain bills as “money bills” to bypass the Rajya Sabha’s stronger legislative powers, allowing them to evade scrutiny by the Upper House.[4]

CONSTITUTIONAL AND LEGAL FRAMEWORK

THE CONSTITUTIONAL BEDROCK

The Rajya Sabha, also known as the Council of States, is a living representation of India’s federal spirit and serves as more than just a legislative body. The Constitution, which carefully balances the aspirations of a diverse nation, is the foundation for its existence. Article 80 guarantees that all states and union territories, regardless of their size or political influence, have a seat at the table[5], while Article 79 creates the bicameral Parliament[6]. Twelve notable individuals are nominated by the President for their expertise in areas such as social service, science, literature, and the arts, and members are chosen by the state legislative assemblies, which represent the will of the people through their representatives. The Rajya Sabha is a special place for careful discussion because it combines electoral legitimacy and subject-matter expertise.

POWERS THAT SHAPE THE UNION

The Rajya Sabha’s powers are not merely ceremonial. According to Article 249,[7] if Parliament determines that legislation is required in the national interest, it may enact laws on subjects listed in the State List, which are typically the domain of states. This power, requiring a two-thirds majority, is a testament to the chamber’s role as a guardian of state autonomy within the union. Article 312 further strengthens this position, allowing the Rajya Sabha to initiate the creation of new All India Services, which are crucial for the administrative unity of the country.[8]

The legal foundation for member election and disqualification is provided by the Representation of the People Act, 1951, which guarantees the process’s impartiality and transparency.[9] The Rules of Procedure and Conduct of Business in the Council of States guide the day-to-day functioning, fostering order and decorum.

THE ROLE AND FUNCTIONS OF THE RAJYA SABHA

A PLATFORM FOR STATE VOICES

At its heart, the Rajya Sabha is a forum where the mosaic of India’s states comes alive. Here, representatives from every corner of the country—be it a bustling metropolis or a remote hill state—can raise issues that matter to their people. This is where concerns about water sharing, language rights, or regional development are voiced and debated, ensuring that national policies are not crafted in a vacuum but are sensitive to local realities.

LEGISLATIVE SCRUTINY AND DELIBERATION

Unlike the Lok Sabha, which can sometimes be swept by the passions of electoral politics, the Rajya Sabha is designed to be a house of reflection. Its permanent nature—members retire by rotation every two years—provides continuity and stability. This allows for more measured debate and detailed scrutiny of bills, especially those with far-reaching consequences. The Rajya Sabha acts as a brake on hasty legislation, offering a second look and often suggesting improvements that make laws more robust and inclusive.[10]

While the Rajya Sabha cannot amend money bills, it can recommend changes and delay their passage, ensuring that financial legislation is not rushed through without due consideration. This limitation has been debated, but even within these constraints, the chamber’s voice carries weight, especially when it comes to protecting state interests and upholding constitutional values.

SPECIAL POWERS: SAFEGUARDING FEDERALISM

Some of the Rajya Sabha’s most significant powers are reserved for moments of national importance. When Parliament needs to legislate on matters typically reserved for states, it is the Rajya Sabha that must first give its consent. This mechanism ensures that the central government cannot unilaterally override state authority, preserving the federal balance envisioned by the Constitution.

The chamber’s role in creating All India Services is another example of its federal character. By requiring Rajya Sabha approval, the Constitution ensures that states have a say in the recruitment and deployment of key civil servants who serve both the Union and the states.[11]

EXPERTISE AND DIVERSITY

The presence of nominated members—artists, scientists, writers, and social workers—enriches the quality of debate. These individuals bring perspectives that go beyond party politics, grounding discussions in lived experience and professional expertise. Their contributions often shine a light on issues that might otherwise be overlooked, from cultural preservation to scientific innovation.

USE OF AUTHORITIES: LAWS AND LANDMARK CASES

Articles 79 to 100 of Part V, Chapter II of the Indian Constitution, which deal with the Parliament, provide the main constitutional framework for the Rajya Sabha. Article 80 specifies the Rajya Sabha’s membership, including how states are allotted seats and how the president nominates members. The requirements for membership are outlined in Article 84. Articles 109 and 110 define the Rajya Sabha’s legislative authority over the Lok Sabha, specifically concerning money bills, and Article 108 defines joint sessions.[12]

Kuldip Nayar v. Union of India (2006): The Supreme Court upheld amendments allowing non-domiciled individuals to be elected to the Rajya Sabha, emphasizing the legislature’s prerogative to determine qualifications. This decision affirmed the chamber’s inclusive character and adaptability to changing political realities.[13]

Rajya Sabha Bribery Case: Clarified that while MPs enjoy immunity for speeches and votes, this privilege does not extend to criminal acts like bribery, reinforcing the principle of accountability within parliamentary proceedings.[14]

Representation of the People (Amendment and Validation) Bill, 2013: The Rajya Sabha played a pivotal role in responding to judicial decisions on disqualification of convicted lawmakers[15], illustrating its capacity to engage with and shape the evolving relationship between the legislature and the judiciary.[16]

Another significant area, the Speaker’s authority to designate a bill as a “money bill,” has been the subject of intense legal scrutiny. A bench is currently debating the legality of legislation passed through this process, but no ruling has been overturned judicially despite the Supreme Court’s ruling that this decision can be challenged in court. Despite supporting parliamentary democracy, the Basic Structure doctrine does not view bicameralism as a basic structure, implying that constitutional amendments in this area are acceptable.[17]

STRENGTHS: A PILLAR OF COOPERATIVE FEDERALISM

Guardian of State Interests: By giving states a direct voice in national legislation, the Rajya Sabha helps prevent the dominance of the central government and fosters a sense of partnership.
Continuity and Stability: The staggered retirement of members ensures that the house is never dissolved, providing a steady hand in turbulent times.[18]
Quality of Debate: The chamber’s revisionary powers and the presence of experts elevate the quality of lawmaking, making it more thoughtful and inclusive.

CHALLENGES: NAVIGATING POLITICAL REALITIES

Money Bills Limitation: The Rajya Sabha’s inability to amend money bills has sometimes reduced its influence, especially on matters with significant financial implications.
Political Appointments: The practice of nominating party loyalists rather than genuine experts has, at times, diluted the intended diversity and independence of the chamber.[19]
Disruptions and Deadlock: Like many legislative bodies, the Rajya Sabha has faced disruptions and political stalemates, which can hinder its effectiveness and erode public trust.

EVOLVING ROLE: THE NEED FOR RENEWAL

As India’s political landscape changes, so too must the Rajya Sabha. The rise of regional parties, growing demands for state autonomy, and new challenges like digital governance and climate change require the chamber to be more responsive and innovative. There is a growing conversation about strengthening its powers, especially regarding financial legislation, and ensuring that its membership reflects the true diversity and expertise of the nation.[20]

CONCLUSION

The Rajya Sabha stands as a vital pillar in India’s federal democracy, embodying the nation’s commitment to unity in diversity. Its unique structure ensures that the voices of states and union territories are not only heard but also actively shape national legislation. By providing a forum for thoughtful debate, expert input, and regional perspectives, the Rajya Sabha helps prevent the dominance of any single political force and acts as a safeguard against the centralization of power.

While the chamber faces challenges—such as limitations on its role in financial legislation and the politicization of nominations—it remains indispensable for maintaining the balance between the Union and the states. Its powers to scrutinize, revise, and occasionally initiate legislation reinforce the spirit of cooperative federalism envisioned by the framers of the Constitution. As India continues to evolve, the Rajya Sabha’s ability to adapt, represent, and deliberate will be crucial in addressing new societal challenges and upholding democratic values.

Ultimately, the Rajya Sabha is not just a legislative body; it is a living institution that reflects the aspirations, complexities, and resilience of Indian federalism. Its continued relevance depends on its capacity to foster dialogue, protect minority interests, and serve as a guardian of constitutional equilibrium in a rapidly changing nation.

REFERENCES

The Constitution of India, 1950
Representation of the People Act, 1951.
Representation of the People (Amendment and Validation) Bill, 2013. (Refers to legislative response to judicial rulings; no specific case citation given, but the bill was in the context of Lily Thomas v. Union of India, (2013) 7 SCC 653.)
Rajya Sabha Secretariat, Rules of Procedure and Conduct of Business in the Council of States (2022).
Arghya Sen, How Laws Are Made in Rajya Sabha: Detailed Legislative Process, Taxguru,(July 8, 2025, 9:20 PM), https://taxguru.in/corporate-law/laws-rajya-sabha-detailed-legislative-process.html
S. Sridharan, ‘Re-thinking the Role of the Rajya Sabha in India’s Federal Democracy’ (Observer Research Foundation, 2022) https://www.orfonline.org/research/re-thinking-the-role-of-the-rajya-sabha-in-india-s-federal-democracy,
Rajya Sabha (2021) Wikipedia. Available at: https://en.wikipedia.org/wiki/Rajya_Sabha# #
Arivu (2014) RAJYA SABHA – AN INTRODUCTION [PDF] Available at: http://164.100.213.102/RSCMSNEW/documents/1613957536008.62_RAJYA%20SABHA.pdf
Ministry of Information and Broadcasting, Rajya Sabha (India.gov.in, 2023) https://www.india.gov.in/my-government/indian-parliament/rajya-sabha,
Kuldip Nayar v. Union of India & Ors (2006) 7 SCC 1.
P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626. (Rajya Sabha Bribery Case reference)
Lily Thomas v. Union of India, (2013) 7 SCC 653. (Implied reference regarding disqualification of convicted lawmakers.)
Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225. (Basic Structure Doctrine—implied reference regarding bicameralism and constitutional amendments.)

[1] Constitution of India (1950), Article 80

[2] Arivu (2014) RAJYA SABHA – AN INTRODUCTION [PDF] Available at: http://164.100.213.102/RSCMSNEW/documents/1613957536008.62_RAJYA%20SABHA.pdf accessed 8 July 2025.

[3] n2

[4] Ministry of Information and Broadcasting, Rajya Sabha (India.gov.in, 2023) https://www.india.gov.in/my-government/indian-parliament/rajya-sabha accessed 8 July 2025.

[5] n1

[6] Constitution of India (1950), Article 79

[7] Constitution of India (1950), Article 249

[8] Constitution of India (1950), Article 312

[9] Representation of the People Act 1951 (India).

[10] Rajya Sabha Secretariat, Rules of Procedure and Conduct of Business in the Council of States (2022).

[11] Rajya Sabha (2021) Wikipedia. Available at: https://en.wikipedia.org/wiki/Rajya_Sabha# ,accessed 8 July 2025.

[12] Constitution of India (1950), Articles 79-100, 84, 108-110

[13] Kuldip Nayar v. Union of India & Ors (2006) 7 SCC 1.

[14] P.V. Narasimha Rao V. State (CBI/SPE), 1998 4 SCC 626.

[15] Lily Thomas v. Union of India, (2013) 7 SCC 653.

[16] The Representation of the People (Amendment and Validation) Bill, 2013.

[17] Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.

[18] Arghya Sen, How Laws Are Made in Rajya Sabha: Detailed Legislative Process, Taxguru,(July 8, 2025, 9:20 PM), https://taxguru.in/corporate-law/laws-rajya-sabha-detailed-legislative-process.html

[19] S. Sridharan, ‘Re-thinking the Role of the Rajya Sabha in India’s Federal Democracy’ (Observer Research Foundation, 2022) https://www.orfonline.org/research/re-thinking-the-role-of-the-rajya-sabha-in-india-s-federal-democracy ,accessed 8 July 2025.

[20] n17

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.