Sansad TV Perspective: Rajya Sabha: The Upper House

In the series Sansad TV Perspective, we bring you an analysis of the discussion featured on the insightful programme ‘Perspective’ on Sansad TV, on various important topics affecting India and also the world. This analysis will help you immensely for the IAS exam, especially the mains exam, where a well-rounded understanding of topics is a prerequisite for writing answers that fetch good marks.

In this article, we feature the discussion on the topic: Rajya Sabha: The Upper House

Anchor: Vishal Dahiya

Participants:

1. Desh Deepak Verma, Former Secretary-General, Rajya Sabha.
2. Vivek K. Tankha, MP, Rajya Sabha, INC. 
3. Sasmit Patra, MP, Rajya Sabha, BJD.

Context:

• The article will discuss and analyze the journey, significance, and achievements of the Upper House of Parliament – Rajya Sabha. 

Background and Origin:

• The Upper House of the Parliament, Rajya Sabha, was constituted on 3rd April 1952 and the first session was held on 13th May 1952. 
• Since then it has contributed to the welfare and progress of the country in many ways. Also known as the Council of States, a nomenclature was announced by the chair in the House on the 23rd of August, 1954. 
• Rajya Sabha has its own distinctive features and reflects the federal character of our polity and protects the rights of States. 
• The origin of the second Chamber can be traced to the Montague-Chelmsford Report of 1918. 
• An extensive debate took place in the Constituent Assembly regarding the utility or otherwise of a Second Chamber in Independent India and ultimately, it was decided to have a bicameral legislature for independent India mainly because a federal system was considered to be the most feasible form of Government for such a vast country with immense diversities. 
• In its glorious journey so far, the Rajya Sabha has passed several important legislations related to social change, economic transformation, agriculture, health, education, environment, science and technology, national security, and matters related to states. 

Voice of the States:

• Rajya Sabha has its own place and role in the legislative map of India. While the Lok Sabha represents the voice of the people, the Rajya Sabha which is a council of states represents the voice of the states.
• India is a federation of states. Although the centre has an overarching influence over states, states also have an important role to play. 
• The division of powers between Union and State is notified through three kinds of lists mentioned in the Seventh Schedule:
  • Union List – List I: The Union List is a list of 100 subjects that the Union or Central government enjoys supreme jurisdiction over.
  • State List – List II: The state list is a list of 61 subjects that state legislatures enjoy jurisdiction over. In layman’s terms, the state legislature can pass laws and govern the said subjects.
  • Concurrent List – List III: The concurrent list is a list of 47 subjects over which both the Union and State legislatures enjoy jurisdiction over.
• Hence, states are not subordinates of the central government, they are independent units and they send their representatives to the Rajya Sabha to voice their issues and concerns.

Exclusive powers of the Rajya Sabha:

• Rajya Sabha and Lok Sabha are the two arms of the Parliament and most bills except money bills have to pass by both houses before it becomes law.
• Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. Following are the special powers: 
• Make a law on a subject enumerated in the State List:
  • All the subjects/areas regarding legislation have been divided into three Lists – Union List, State List, and Concurrent List. 
  • Union and State Lists are mutually exclusive – one cannot legislate on a matter placed in the sphere of the other. 
  • However, if Rajya Sabha passes a resolution by a majority of not less than two-thirds of members present and voted to say that it is “necessary or expedient in the national interest” that Parliament should make a law on a matter enumerated in the State List”, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of the territory of India.
• All-India Services common to both the Centre and states:
  • If Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomes empowered to create by law such services.
• Emergency:
  • In case of an emergency such as a war-like situation, the Rajya Sabha has exclusive law-making powers. 

Contribution of Rajya Sabha:

The contribution of the Rajya Sabha can be summarized with the help of the following points:

Time:

• When we talk about Lok Sabha, the members of the Parliament who are elected through the constituencies, many a time have to go back to the constituencies even when the Parliament is in session. 
• Hence, the amount of time provided by them to the Parliament in terms of deliberations is considerably less than the Rajya Sabha. Rajya Sabha’s involvement in the Parliament is very remarkable.

Voice of states:

• The voice of the state in terms of governance has to find resonance inside the Parliament. Rajya Sabha in its journey has always tried to be the vanguard of the voice of the states.

Members:

• 12 members of the Rajya Sabha are nominated by the President from different fields. They bring expertise from their respective areas.
• The debates in the Rajya Sabha are very illuminating.

Legislations:

• Rajya Sabha keeps checks and balances on all the legislatures to be passed through both houses and on the overall federal structure as well.

Way Forward:

• More time should be spent on the debates in the Rajya Sabha and disruptions should be reduced. This will level up the debates and will bring out better outcomes.
• More voices of the states should come out and should be heard.
• The concluding point is that the debates and discussions are the way forward not the disruptions.

Read more summaries of Perspective in the link.

Sansad TV Perspective: Rajya Sabha: The Upper House:- Download PDF Here