Rajya Sabha Election

The Rajya Sabha or Council of States is the upper house of the bicameral Parliament of India. As of 2021 it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using Single Transferable Votes through Open Ballot while the President can appoint 12 members for their contributions to Art, Literature, Science, and Social-services.

Electoral College:

         The representatives of the States and of the Union Territories in the Rajya Sabha are elected by the method of indirect election.  The representatives of each State and two Union territories are elected by the elected members of the Legislative Assembly of that State and by the members of the Electoral College for that Union Territory, as the case may be, in accordance with the system of proportional representation by means of the single transferable vote. The Electoral College for the National Capital Territory of Delhi consists of the elected members of the Legislative Assembly of Delhi, and that for Puducherry consists of the elected members of the Puducherry Legislative Assembly.

Biennial/Bye-election:

          Rajya Sabha is a permanent House and is not subject to dissolution.  However, one-third of Members of the Rajya Sabha retire after every second year.  A member who is elected for a full term serves for a period of six years.  The election held to fill a vacancy arising otherwise than by retirement of a member on the expiration of his term of office is called ‘Bye-election’. A member elected in a bye-election remains a member for the remainder of the term of the member who had resigned or died or disqualified to be a member of the House under the Tenth Schedule.

Qualifications:

 Article 84 of the Constitution lays down the qualifications for membership of Parliament.  A person to be qualified for the membership of the Rajya Sabha should posses the following qualifications:

1. he must be a citizen of India and make and subscribe before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution;

2. he must be not less than 30 years of age;

3. he must possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Disqualifications:

 Article 102 of the Constitution lays down that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament –

1. if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;

2. if he is of unsound mind and stands so declared by a competent court;

3. if he is an undischarged insolvent;

4. if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;

5. if he is so disqualified by or under any law made by Parliament.

Explanation- For the purpose of this clause a person shall not be deemed to hold any office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.

Besides, the Tenth Schedule to Constitution provides for disqualification of the members on the ground of defection.  As per the provisions of the Tenth Schedule, a member may be disqualified as a member, if he voluntarily gives up the membership of his political party; or if he votes or abstains from voting in the House contrary to any direction issued by the political party to which he belongs unless such voting or abstention has been condoned by the political party within fifteen days.  A member elected as an independent candidate shall be disqualified if he joins any political party after his election.

A member nominated to the House by the President, however, is allowed to join a political party if he/she does so within the first six months of taking a seat in the House.

A member shall not be disqualified on this account if he voluntarily leaves the membership of his political party after he is elected Deputy Chairman, Rajya Sabha.