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INDIA
Rajya Sabha (Council of States)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Sansad / Parliament
More photos  >>>
Structure of parliament Bicameral
Chamber name (generic / translated) Rajya Sabha / Council of States
Related chamber (for bicameral parliaments) Lok Sabha / House of the People
Affiliation to the IPU Yes
Affiliation date(s) 1949 -
LEADERSHIP
President M. Venkaiah Naidu (M) 
Notes Sworn in on 11 Aug. 2017.
Secretary General Desh Deepak Verma (M) 
Notes 31 August 2017 -
COMPOSITION
Members (statutory / current number) 245 / 237
PERCENTAGE OF WOMEN


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Women (current number) 27 (11.39%)
Mode of designation indirectly elected 233
appointed 12
Notes Indirectly elected members: elected by the legislative assemblies of the states and union territories.
Appointed members: nominated by the Head of State.
Term 6 years; one-third of the membership is renewed every 2 years at various dates.
Last renewal dates 16 January 2018
2 July 2018 (View details)
CONTACT INFORMATION
Address Rajya Sabha
Parliament House
NEW DELHI 110001
(Export mailing lists)
Phone (9111) 2303 46 95
2301 73 55
Fax (9111) 2379 29 40
E-mail secygen.rs@sansad.nic.in
Website
http://rajyasabha.nic.in
http://parliamentofindia.nic.in/

ELECTORAL SYSTEM

Parliament name (generic / translated) Sansad / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Rajya Sabha / Council of States
Related chamber (for bicameral parliaments) Lok Sabha / House of the People
LEGAL FRAMEWORK
Electoral law 17 July 1951
Last amendment: 01/08/1996
Mode of designation indirectly elected 233
appointed 12
Constituencies Single and multi-member constituencies (1 to 31 seats, based on population) representing federated States and Union Territories.
Voting system Proportional: Indirect election by the legislative assemblies of the States and Union Territories on the basis of proportional representation and single transferable vote. Each elector indicates his order of preference among the candidates.
Vacancies arising between general elections are filled through by-elections.
Vote is not compulsory.
Voter requirements - age: 25 years
- Indian citizenship
- elected member of State legislative assembly or member of electoral college of Union Territory concerned
CANDIDATES
Eligibility Qualified electors
- age: 30 years
- Indian citizenship
- residence in State or Union Territory where running
- ineligibility: undischarged bankruptcy, allegiance to a foreign State, insanity, disqualification under parliamentary law or Constitution
Incompatibilities - members of the armed forces
- certain offices of profit (e.g. public offices)
- government contractors
Candidacy requirements - nomination by 10% of the relevant electoral college/elected members or 10 members, whichever is less
- deposit of 10,000 rupees (5,000 rupees for those from Scheduled Castes or Tribes), reimbursed if the candidate obtains more than 1/6 of the votes prescribed as sufficient to secure the return of a candidate

LAST ELECTIONS

Parliament name (generic / translated) Sansad / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Rajya Sabha / Council of States
Related chamber (for bicameral parliaments) Lok Sabha / House of the People
BACKGROUND
Dates of election / renewal (from/to) (from/to)16 January 2018
2 July 2018
Timing and scope of renewal Elections were held for one-third of the 233 elective seats of the Rajya Sabha.
(not applicable - indirect elections at regional level)
STATISTICS
Voter turnout
Distribution of votes
Distribution of seats
Distribution of seats according to sex
Men

Women

Percent of women
56

5

8.20%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Note on the Distribution of seats according to sex:
A total of 61 seats are up for elections in 2018.
Elections for three seats were held on 16 January. No women were elected.
Elections for 58 seats were held on 23 March. The newly elected members, including five women, were sworn in on 3 and 4 April. As at 5 April, out of 244 members 29 were women.
The 2018 elections are expected to conclude in July when replacements for six other MPs, who are retiring in 2018, will have been elected.

Sources:
Council of States (24.01.2018, 25.01.2018)
http://164.100.47.5/newmembers/SrchRetListonMnth.aspx
http://164.100.47.5/Newmembers/women.aspx

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Sansad / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Rajya Sabha / Council of States
Related chamber (for bicameral parliaments) Lok Sabha / House of the People
APPOINTMENT AND TERM OF OFFICE
Title Chairman of the Rajya Sabha
Term - duration: 5 years
- reasons for interruption of the term: resignation, resolution by the Council of States ( agreed to by the House of the People)
Appointment - the Vice-President of India is ex officio chairman of the Rajya Sabha
- is elected before the expiration of the previous term by Members of an Electoral College consisting of Members of both Houses
- after Members are sworn in
Eligibility - any citizen of India who has completed the age of 35 years and is eligible, may be a candidate
- notification is issued on after the 16th day before the expiration of the term of the outgoing Vice-President of India
Voting system - formal vote by secret ballot in accordance with the system of proportional representation by means of single transferable vote
- there is only one round of voting
Procedures / results - the Returning Officer (by convention the Secretary General of the Lok Sabha and the Secretary General of the Rajya Sabha are appointed in rotation as Returning Officer), appointed by the Election Commission in consultation with the Central Government, supervises the voting
- the Returning Officer declares the result of the election after counting of votes have been completed
- the results can be challenged
STATUS
Status - ranks second in the hierarchy of State after the President of India
- has precedence over the Speaker of the Lok Sabha
- is ex officio Chairman of some parliamentary committees
- in the absence of the Chairman, the Deputy Chairman can assume his/her role and functions presides over the deliberations of the House
Board
Material facilities - salary (40,000 rupees/ month)
+ daily allowance (200 r./day)
- official residence
- official car
- secretariat
- body guards
FUNCTIONS
Organization of parliamentary business - establishes and modifies the agenda
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- refers texts to a committee for study
- examines the admissibility of request for setting up committees and/or committees of enquiry, proposes or decides on the setting up of such committees
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules of other regulations governing the life of the Rajya Sabha, according to precedents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
- the Secretary General makes announcements concerning the Rajya Sabha
Special powers has ultimate authority in regard to:
- establishment of the Rajya Sabha's budget
- recruitment, assignation and promotion of the staff
- appointment of the Clerk
- organization of the services of Parliament
- is responsible for relations with other Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Rajya Sabha
Speaking and voting rights, other functions - provides guidelines for the interpretation or completion of the text under discussion
- takes part in voting, only in case of a tie
- intervenes in the parliamentary oversight procedure

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Sansad / Parliament
Structure of parliament Bicameral
Chamber name (generic / translated) Rajya Sabha / Council of States
Related chamber (for bicameral parliaments) Lok Sabha / House of the People
NATURE
Nature of the mandate · Free representation
Start of the mandate · When the results are declared. However, privileges and immunities accrue to MPs only when they have taken the oath or have subscribed affirmation and have signed the Roll of Members (Art. 99 and 104 of the Constitution of 26.01.1950, as amended to the 78th Amendment Act 1995, Third Schedule of the Constitution, Rules 5 and 6 of the Rules of Procedure and Conduct of Business in Rajya Sabha). Procedure.
Validation of mandates · No validation except in case of challenge by parliamentary election petitions (election trials, (in)validation by the appropriate judiciary (Art. 102 (1) (e) of the Constitution, Art. 100 of the Representation of the People Act 1951)) or in case of legal disabilities ((in)validation by the President (Art. 102 (1), 103, and 104 of the Constitution)). See Loss of mandate (b) and (d).
End of the mandate · On the day when the tenure of a Member of the Council expires (Art. 83 (1) of the Constitution; the Council of States cannot be dissolved)
Can MPs resign? Yes · Yes, of their own free will (Art. 101 (3) of the Constitution, Rule 213 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
· Procedure (Art. 101 (3) of the Constitution, Rule 213 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
· Authority competent to accept the resignation: the Chairman
Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter:
- Disqualification from membership on ground of defection (Art. 102 (2), and 104 of the Constitution, Tenth Schedule to the Constitution, The Members of Rajya Sabha Disqualification on Ground of Defection Rules (Appendix II of the Rules of Procedure and Conduct of Business in Rajya Sabha); see also Code of conduct)
- Expulsion (see also Discipline, and Code of conduct)
- Loss of mandate for not attending sittings of Parliament (Art. 101 (4) of the Constitution, Rule 215 of the Rules of Procedure and Conduct of Business of Rajya Sabha)
(b) Loss of mandate by judicial decision: election trials (Art. 102 (1) (e) of the Constitution, Art. 100 of the Representation of the People Act 1951)
(c) Loss of mandate for incompatibilities (Art. 101 (1) to (3) of the Constitution)
(d) Disqualification from membership by the President of India (Art. 102 (1), 103, and 104 of the Constitution)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The Chairman
2. The Deputy Chairman
3. The other MPs
· Outside Parliament: the official order of precedence ranks the MPs in the 21st position.
Indemnities, facilities and services · Diplomatic passport
· Basic salary: INR 16,000 per month
+ Constituency Allowance: INR 6,000 per month
+ Office Expense
Allowance: INR 5,500 per month (see also Art. 97, and 106 of the Constitution, and the Second Schedule to the Constitution)
· Total exemption from tax
· Special pension scheme
· Other facilities:
(a) Secretariat: stenographic assistance
(b) Assistants (see also Art. 98 of the Constitution)
(c) Official housing
(d) Telephone services
(e) Travel and transport
(f) Others
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 105 (1) and (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: defamatory or incriminatory allegation (Rule 238A of the Rules of Procedure and Conduct of Business in Rajya Sabha; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 105 (3) of the Constitution).
· It applies only to civil proceedings, covers all offences with the exception of particularly serious and minor offences and protects MPs only from arrest. In case of arrest on a criminal charge or for a criminal offence, sentence to imprisonment by a court, arrest under an executive order, or release, the Parliament has to be informed (Rules 222A to 222C of, and Second Schedule to, the Rules of Procedure and Conduct of Business in Rajya Sabha).
· No derogations are foreseen.
· Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal in respect of matters relating to business before the House.
· Protection is provided from 40 days before a session of the House to 40 days after the session. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) cannot be lifted.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of imprisonment under the emergency legislation or on criminal charges, the MPs concerned can be authorised to attend sittings of Parliament:
- Competent authority:
- Procedure: the MP may approach the competent authority which may permit him to attend the sitting and return to jail.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the Bureau of Parliamentary Studies and Training. Senior MPs, leaders of political parties and experts are involved.
· Handbooks of parliamentary procedure:
- Handbook for Members of Rajya Sabha (1996)
Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings, committee meetings or other meetings.
· Penalties foreseen in case of absence (Art. 101 (4) of the Constitution, Rule 215 of the Rules of Procedure and Conduct of Business in Rajya Sabha): loss of mandate
· Body competent to judge such cases/to apply the penalties: the Council of States
Discipline · The rules governing discipline within Parliament are contained in Rules 187 to 203, 238A, 240, 255 to 257, 259, 261, and 262 of the Rules of Procedure and Conduct of Business in Rajya Sabha, and in customary law.
· Disciplinary measures foreseen:
- Order to discontinue the speech (Rule 240 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Order to withdraw for the rest of the sitting (Rule 255 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Naming and suspension (Rule 256 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Adjournment of the House or suspension of the sitting (Rule 257 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
· Specific cases:
- Defamatory or incriminatory allegation (Rules 238A, 261, and 262 of the Rules of Procedure and Conduct of Business in Rajya Sabha): prohibition of the allegation, expunction from the proceedings
- Contempt of the House (breach of privilege) in cases of misconduct within the Council (Rules 187 to 203 of the Rules of Procedure and Conduct of Business in Rajya Sabha): reprimand or admonition, imprisonment, suspension, expulsion (penal jurisdiction)
· Competent body to judge such cases/to apply penalties (see also Rule 259 of the Rules of Procedure and Conduct of Business in Rajya Sabha):
- Order to discontinue the speech, order to withdraw for the rest of the sitting, adjournment of the House or suspension of the sitting, defamatory or incriminatory allegation: the Chairman
- Naming and suspension: the Chairman, the Council of States
- Contempt of the House (breach of privilege) in cases of misconduct within the Council: the Council of States
· Procedure:
- Order to discontinue the speech (Rule 240 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Order to withdraw for the rest of the sitting (Rule 255 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Naming and suspension (Rule 256 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Adjournment of the House or suspension of the sitting (Rule 257 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Defamatory or incriminatory allegation (Rules 238A, 261, and 262 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
- Contempt of the House (breach of privilege) in cases of misconduct within the Council (Rules 187 to 203 of the Rules of Procedure and Conduct of Business in Rajya Sabha)
Code (rules) of conduct · This concept does exist in the country's juridical system in a customary form. There are also some relevant written provisions (Art. 102 (2) and 104 of the Constitution, Tenth Schedule to the Constitution, Rules 187 to 203 of the Rules of Procedure and Conduct of Business in Rajya Sabha, The Members of Rajya Sabha Disqualification on Ground of Defection Rules (Appendix II of the Rules of Procedure and Conduct of Business in Rajya Sabha)).
· Penalties foreseen for violation of those provisions:
- Reprimand or admonition
- Imprisonment
- Suspension
- Expulsion
- Disqualification from membership on ground of defection (Art. 102 (2) of the Constitution, Tenth Schedule to the Constitution)
· Competent body to judge such cases/to impose penalties:
- Reprimand or admonition, imprisonment, suspension, expulsion: the Council of States
- Disqualification from membership on ground of defection: the Chairman or an elected Member
· Procedure:
- Reprimand or admonition, imprisonment, suspension, expulsion (Rules 187 to 203 of the Rules of Procedure and Conduct of Business in Rajya Sabha).
- Disqualification from membership on ground of defection (Art. 102 (2), and 104 of the Constitution, Tenth Schedule to the Constitution, The Members of Rajya Sabha Disqualification on Ground of Defection Rules (Appendix II of the Rules of Procedure and Conduct of Business in Rajya Sabha)). In this case, MPs have no means of recourse.
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 13 March 2019
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