The Parliament (Indian Polity and Governance) Part-III

Total Questions: 30

1. What is the fixed strength of Rajya Sabha? [M.P.P.C.S. (Pre) 2010]

Correct Answer: (d) 250
Solution:Article 80 of the Constitution deals with the composition of the Council of States. According to this Article, there shall be- (1) Twelve members nominated by the President, (ii) Not more than 238 representatives of the States and Union Territories. Total strength is thus 250. At present, there are total 245 members in the Council of States out of which 225 representatives are from State Legislative Assemblies, and 8 are from Union Territories Legislative Assemblies (Delhi-3, Puducherry-1, Jammu and Kashmir-4) and the remaining 12 are nominated by the President.

2. The representation in the Rajya Sabha includes: [68th B.P.S.C. (Pre) 2022]

Correct Answer: (d) More than one of the above.
Solution:According to Article 80. The Rajya Sabha should consist of not more than 250 members-238 members representing the States and Union Territories, and 12 members nominated by the President. Rajya Sabha is a permanent body and is not subject to dissolution. However, one-third of the members retire every second year, and are replaced by newly elected members. Each member is elected for a term of six years. The Vice President of India is the ex-officio Chairman of the Rajya Sabha. The House also elects a Deputy Chairman from among its members. Besides, there is also a panel of "Vice Chairmen" in the Rajya Sabha. The senior-most minister, who is a member of the Rajya Sabha, is appointed by the Prime Minister as the Leader of the House.

3. The Rajya Sabha consists of- [53rd to 55th B.P.S.C. (Pre) 2011]

Correct Answer: (c) 250 members of which 12 members are nominated by the President of India.
Solution:Article 80 of the Constitution deals with the composition of the Council of States. It states that, there shall not be more than 238 representatives of the States and the Union Territories. The Council of the States shall consist of 12 members nominated by the President.

About Rajya Sabha

  • The Rajya Sabha is the Upper House of India's bicameral Parliament.
  • Literally meaning the "Council of the States", the Rajya Sabha has been envisaged as the House that represents the interests of the various States and Union Territories of the Union of India.
  • In the Indian Constitutional framework, it has been assigned a crucial role in the legislative process, serving as a deliberative body that provides a platform for the States to voice their concerns and perspectives and ensures that the diverse interests and concerns of the different states of the country are reflected in the parliamentary proceedings.

4. The Representation of States in Council of States is based on- [38th B.P.S.C. (Pre) 1992]

Correct Answer: (b) Ratio of their Population
Solution:Representation of States in Rajya Sabha
  • The representatives of States in the Rajya Sabha are elected by the elected members of State Legislative Assemblies.
  • The election in the Rajya Sabha is held in accordance with the System of Proportional Representation by means of the Single Transferable Vote.
  • The seats are allotted to the States in the Rajya Sabha based on the population of that particular State.
    Hence, the number of representatives varies from State to State.
    Note: The Fourth Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha to the States and Union Territories (UTS).
    Note: In the USA, all the states are given equal representation in the Senate (the upper house of the US Congress).

5. Consider the following statements: [I.A.S. (Pre) 2012]

1. Union Territories are not represented in the Rajya Sabha.

2. It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.

3. According to the Constitution of India, the Parliament consist of the Lok Sabha and the Rajya Sabha only.

Which of the statement(s) given above is/are correct?

Correct Answer: (d) None of these
Solution:The Union Territories are represented in the Council of State, There are 3 seats for Delhi, 1 seat for Puducherry and 4 seats for Jammu & Kashmir in the Council of States. Election disputes are adjudicated by the Judiciary in the mode of the election petition. According to Article 79, the Parliament consists of the President, the House of the People and the Council of States. Thus, all the statements are wrong.

6. The members of Council of States are elected by- [U.P.P.C.S. (Pre) 1990]

Correct Answer: (a) Members of Legislative Assembly of States.
Solution:Representation of States in Rajya Sabha
  • The representatives of States in the Rajya Sabha are elected by the elected members of State Legislative Assemblies.
  • The election in the Rajya Sabha is held in accordance with the System of Proportional Representation by means of the Single Transferable Vote.
  • The seats are allotted to the States in the Rajya Sabha based on the population of that particular State.
    Hence, the number of representatives varies from State to State.
    Note: The Fourth Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha to the States and Union Territories (UTS).
    Note: In the USA, all the states are given equal representation in the Senate (the upper house of the US Congress).

7. Which of the following are correct about the Rajya Sabha? [U.P.P.C.S. (Pre) 2014]

1. It is not a subject to dissolution.

2. It has a term of five years.

3. One-third of its members retire after every two years.

4. Its member shall not be less than 25 years of age.

Select the correct answer using the code given below:

Correct Answer: (c) 1 and 3
Solution:The statements (2) and (4) are wrong. The Council of States shall not be the subject to dissolution, but as nearly as possible, one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the Provisions made in that behalf by the Parliament by law. The tenure of its members is 6 years. The minimum age to be a member of this House is 30 years.

8. Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R). [U.P. R.O/A.R.O. (Mains) 2016]

Assertion (A): The Council of States is not subject to dissolution.

Reason (R): (As nearly as possible) 1/3 of its members retired on the expiration of every second year.

Choose the correct answer from the code given below.

Correct Answer: (a) Both (A) and (R) are true and (R) is the correct explanation of (A).
Solution:The statements (2) and (4) are wrong. The Council of States shall not be the subject to dissolution, but as nearly as possible, one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the Provisions made in that behalf by the Parliament by law. The tenure of its members is 6 years. The minimum age to be a member of this House is 30 years.

9. What is the tenure of a member of Council of State? [U.P.P.C.S. (Pre) 1992]

Correct Answer: (c) 6 years
Solution:Duration of Rajya Sabha
  • The Rajya Sabha is a continuing chamber, which means that it is a permanent body and is not subject to dissolution.
  • The Indian Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Indian Parliament.
  • Accordingly, the Parliament enacted the Representation of the People Act (1951) which:
    ∗  Provides that the term of office of a member of the Rajya Sabha                  shall be six years, and
    ∗   Authorizes the President of India to make provisions to govern the            order of retirement of the members of the Rajya Sabha.
  • Under this provision, the President has made the Rajya Sabha (Term of Office of Members) Order, 1952.
  • As per the current plan, one-third of the members of the Rajya Sabha retire every second year.
    ∗ Their seats are filled up by the fresh elections and Presidential                     nominations at the beginning of every third year.
    ∗ The retiring members of the Rajya Sabha are eligible for re-election           and renomination any number of times.

10. Which of the following statements is correct regarding the Rajya Sabha? [M.P.P.C.S. (Pre) 1994]

Correct Answer: (a) One-third of its members retire every two years.
Solution:Duration of Rajya Sabha
  • The Rajya Sabha is a continuing chamber, which means that it is a permanent body and is not subject to dissolution.
  • The Indian Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Indian Parliament.
  • Accordingly, the Parliament enacted the Representation of the People Act (1951) which:
    ∗  Provides that the term of office of a member of the Rajya Sabha                  shall be six years, and
    ∗   Authorizes the President of India to make provisions to govern the            order of retirement of the members of the Rajya Sabha.
  • Under this provision, the President has made the Rajya Sabha (Term of Office of Members) Order, 1952.
  • As per the current plan, one-third of the members of the Rajya Sabha retire every second year.
    ∗ Their seats are filled up by the fresh elections and Presidential                     nominations at the beginning of every third year.
    ∗ The retiring members of the Rajya Sabha are eligible for re-election           and renomination any number of times.