The Rajya Sabha, as the Upper House of Parliament, holds a unique position in the Indian political system, complementing the Lok Sabha in legislative functions. It plays a critical role in safeguarding states’ interests and ensuring stability in governance. However, its powers are not as extensive as those of the Lok Sabha, especially concerning financial matters and legislative decision-making. Understanding the Rajya Sabha’s significance and challenges is essential to grasping its role in India’s democracy.
Position and Significance of Rajya Sabha in Indian Parliament
The examination of the Constitutional status of the Rajya Sabha in comparison to the Lok Sabha can be approached from three perspectives.
Equal Status with Lok Sabha
- Introduction and Passage of Bills: In the introduction and passage of ordinary bills, Constitutional amendment bills, financial bills involving expenditure from the Consolidated Fund of India.
- Election and Impeachment of the President
- Approval of Ordinances: In the approval of ordinances issued by the President.
- Introduction and Approval of Financial Bills: Introduction and approval of financial bills involving expenditure from the Consolidated Fund of India.
- Recommendations for Judicial Removals: Making recommendations to the President for the removal of the Chief Justice and judges of the Supreme Court and high courts, the Chief Election Commissioner, and the Comptroller and Auditor General.
- Examination of Reports: from constitutional bodies such as the Finance Commission, Union Public Service Commission, Comptroller and Auditor General, etc.
- Expansion of Jurisdiction: Expansion of the jurisdiction of the Supreme Court and the Union Public Service Commission.
- Approval of Emergency Proclamations: In the approval of proclamation of emergency by the President.
Reduced Status than Lok Sabha
- Introduction of Money Bill: Money bill can be introduced in Lok Shabha.
- Recommendations on Money Bill: Lok Sabha can also accept or reject any recommendations of Rajya Sabha on Money bill.
- Determination of Money Bill Status: The final decision on whether a particular bill is a Money Bill or not rests with the Speaker of the Lok Sabha.
- Accountability of Council of Ministers: Council of Ministers are accountable only to Lok Shabha.
- No-Confidence Motion: Lok Sabha can pass a no-confidence motion to remove the Council of Ministers.
- Joint Sitting: Rajya Sabha has a reduced status than Lok Sabha in the joint sittings of both the houses in case of a deadlock over a bill.
- The Speaker of Lok Shabha presides over the joint sittings.
- Lok Sabha also has more members and hence more voting power.
- Disapproval of Emergency Resolution: Only Lok Sabha can pass a resolution by a simple majority disapproving its continuation.
- The emergency will immediately become inoperative in such a case.
Special Power of Rajya Sabha
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- Removal of the Vice-President: To initiate a resolution to remove the Vice-President. (Article 67)
- Creation of All-India Services: To pass a resolution to declare that it is necessary or expedient in the national interest to create one or more All-India Services. (Article 312)
- Empowering Parliament to Legislate on State Matters: To empower the Parliament to make laws on a matter in the State List. (Article 249)
- Approval of Proclamations: If the President issues a proclamation for imposing national emergency, president’s rule, or financial emergency when the Lok Sabha is dissolved or if its dissolution occurs within the allowed period for approval, the proclamation can remain effective even if approved by the Rajya Sabha alone
Comparative Position of the Rajya Sabha in the Constitutional System
- Upon analysis, it becomes evident that the position of the Rajya Sabha in our constitutional system is neither as weak as the House of Lords in the British constitutional system nor as strong as the Senate in the American constitutional system.
Significance of Rajya Sabha
Permanency and Stability: Unlike the Lok Sabha, the Rajya Sabha remains a permanent house and is never dissolved.
- This feature ensures continuity in leadership and stability during times when the Lok Sabha is not in session, serving as a crucial aspect of the nation’s governance.
- Check Against Abrupt Changes: Acting as a check against abrupt changes in the composition of the Lower House, the Rajya Sabha provides a level-headed and non-populist perspective on bills and issues.
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- This helps prevent hasty decision-making driven by populist compulsions in the Lok Sabha.
- Guardian of States’ Interests: With representatives from the states, the Rajya Sabha plays a pivotal role in reflecting and safeguarding the interests of the individual states.
- This ensures a balanced representation of regional concerns at the national level.
- Platform for Experts: The Rajya Sabha serves as a platform for experts in various fields to contribute their insights on crucial legislative matters.
- This inclusion of expertise enhances the quality of discussions and decision-making within the legislative process.
- Sharing Legislative Burden: Given the increasing demand worldwide for legislation in newer areas, the Rajya Sabha becomes a valuable institution in sharing the legislative burden with the Lok Sabha.
- This collaborative effort is essential in addressing the complex challenges faced by modern legislatures.
Criticism of Rajya Sabha
Reduced Significance: On the matters of importance like the money bill and the budget, Rajya Sabha has little say which reduces its significance compared to Lok Sabha.
- Chamber for political end seekers: The Upper House has become a ground for party fund-raisers, those who lost in elections, crony capitalists, journalists, retired CEOs and civil servants.
- Hindrance to speedy Legislation: Given the competitive politics today, Rajya Sabha is also used by opposition parties to hinder speedy legislation, which is detrimental to the growth of the nation.
- Frequent disruptions in recent times is also undermining the deliberative and accountability functions of the upper house.
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Conclusion
While the Rajya Sabha contributes to a balanced legislative process, it faces criticism for its reduced significance and the presence of political interests.
- The ongoing disruptions and hindrances to legislation highlight the need for reform to enhance its effectiveness.
- Strengthening the Rajya Sabha can ensure that it fulfills its intended role as a deliberative body, promoting stability and informed decision-making in Indian governance.
