Rajya Sabha Election Process

Rajya Sabha Election Process

Why in News? 

The Election Commission of India (ECI) has formally initiated the process for biennial Rajya Sabha elections across 10 states. Following the announcement, notifications will be issued on February 26, setting a timeline for nominations, polling, and same-day counting on March 16. 

How are Rajya Sabha Elections Conducted?

The Rajya Sabha (Council of States) serves as a permanent house representing India’s States and Union Territories. Unlike the Lok Sabha, it follows a system of indirect elections through the State Legislative Assemblies. 

• Constitutional Basis: The constitutional foundation of Rajya Sabha elections is laid down primarily under Article 80(4), which mandates that representatives of States in the Council of States shall be elected by the elected Members of the State Legislative Assemblies (MLAs) through the system of Proportional Representation by means of the Single Transferable Vote (STV).  

• The elections are governed by the Representation of the People Act, 1951 and conducted under the supervision of the Election Commission of India, thereby ensuring legal validity and procedural uniformity. 

• The Constitution also prescribes that these elections are indirect in nature, meaning the citizens do not vote directly for Rajya Sabha MPs, but their elected State legislators act as the electoral college. 

• • • The Fourth Schedule determines the allocation of seats among States, generally based on population size to ensure federal balance.

• Composition & Representation: The Rajya Sabha can have a maximum strength of 250 members, out of which 238 represent States and Union Territories, while 12 members are nominated by the President from fields such as literature, science, art and social service. 

• Presently, the effective strength is 245 members. States are represented unequally, based on population—larger States like Uttar Pradesh (31 seats) have higher representation compared to smaller States like Himachal Pradesh (3 seats).

• Eligibility Criteria: A candidate contesting Rajya Sabha elections must fulfill the qualifications laid down under the Representation of the People Act, 1951. These include: being a citizen of India, having completed 30 years of age, being registered as an elector in a parliamentary constituency, and not holding any office of profit under the government. 

• Notably, after the 2003 amendment, it is no longer mandatory for a candidate to be an elector from the State from which they contest, thereby allowing broader national representation in the Upper House. 

• Role of Elected MLAs: Rajya Sabha members are elected solely by the elected MLAs of the respective State Legislative Assemblies; importantly, nominated MLAs are not permitted to vote in these elections.

• The political composition of the State Assembly directly determines the chances of candidates, parties with higher legislative strength can secure proportionately more seats in the Rajya Sabha. 

• Elections are held only when the number of candidates exceeds available vacancies, otherwise candidates may be elected unopposed. 

• Proportional Representation System: Rajya Sabha elections follow the system of Proportional Representation (PR) to ensure fair party representation based on legislative strength in the State Assembly. This system prevents dominance by a single political party and allows minority parties to gain representation. 

• For example, a party with 40% strength in the Assembly may secure roughly 40% of Rajya Sabha seats, reflecting democratic proportionality rather than a simple majority-based outcome. 

• Single Transferable Vote (STV) Method: Under the STV method, each MLA marks candidates in order of preference (1, 2, 3, etc.). A candidate must achieve a specific quota of votes calculated using the formula:

• Quota = (Total Valid Votes ÷ (Seats + 1)) + 1.

• If a candidate receives more than the required quota through first-preference votes, surplus votes are transferred to the next preferred candidate. 

• If seats remain unfilled, candidates with the lowest votes are eliminated and their votes redistributed until all vacancies are filled, thereby minimizing vote wastage.

• Open Ballot Voting Procedure: To curb cross-voting and corruption, the Representation of the People (Amendment) Act, 2003 introduced an Open Ballot System (Section 59).

• Under this provision, MLAs belonging to political parties must show their marked ballot paper to the authorised party agent before submitting it; failure to do so results in invalid vote.

• However, independent MLAs are prohibited from showing their ballot to anyone, preserving a limited degree of voting secrecy. 

• Nomination & Scrutiny Process: Candidates must submit nomination papers, which are scrutinized by the Returning Officer appointed by the Election Commission. The nomination must be supported by a prescribed number of proposers (MLAs) and accompanied by a security deposit. During scrutiny, the Returning Officer verifies eligibility criteria, affidavit disclosures and statutory compliance before allowing candidates to contest. 

• Anti-Defection Law & Party Whip: The Tenth Schedule (Anti-Defection Law), introduced by the 52nd Constitutional Amendment Act, 1985, generally disqualifies legislators who vote against their party’s instructions. 

• However, the Election Commission clarified in 2017 that the Anti-Defection Law does NOT apply to Rajya Sabha elections, since voting occurs outside the legislative proceedings of the House.

• Consequently, political parties cannot legally enforce a whip, and MLAs may vote according to their conscience, though they may still face internal party disciplinary action. 

• Vacancies, Tenure & Bye-Elections: The Rajya Sabha is a permanent body and cannot be dissolved. Each member enjoys a six-year tenure, with one-third retiring every two years, ensuring continuity in governance. 

• In case of casual vacancies arising due to resignation, death or disqualification, bye-elections are conducted, and the newly elected member serves only for the remaining term of the predecessor.

Supreme Court Judgements Governing Rajya Sabha Election Process

• Open Ballot System (Kuldip Nayar v. Union of India, 2006): The Court upheld the move to an open ballot system, stating that transparency is crucial for combating corruption in these elections, prioritizing political accountability over secrecy for indirectly elected members.
• Removal of Domicile Requirement (Kuldip Nayar v. Union of India, 2006): The Court ruled that there’s no constitutional requirement for a Rajya Sabha member to reside in the state they represent, allowing candidates to contest from any state.
• Rejection of NOTA (Shailesh Manubhai Parmar v. Election Commission of India, 2018): The Supreme Court removed the “None Of The Above” (NOTA) option for Rajya Sabha elections, finding it inconsistent with the required system of proportional representation.
• Anti-Defection Law and Voting (Kuldip Nayar v. Union of India, 2006): The Court clarified that while the open ballot allows parties to monitor votes, an MLA voting against their party in a Rajya Sabha election faces party disciplinary action but not disqualification under the anti-defection law.
• Exclusion of Bribery from Immunity (2024 Ruling): Overruling a prior judgment, the Court determined that immunity under Article 105(2) and 194(2) does not shield legislators who accept bribes related to voting or speaking in the House or Rajya Sabha elections.