The Parliament Part-III

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.

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.

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.

The representation of States in the Council of States is based on the ratio of the State's population. The number of seats or representatives of a State in the Rajya Sabha has been determined by the Fourth Schedule of the Constitution.

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.

According to Article 80(4) of the Constitution, the representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the proportional representation by means of the Single Transferable Vote.

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.

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.

According to Article 83(1), the Council of States is the Upper House or Permanent House of the Parliament. It is not subject to dissolution but, as nearly as possible, one-third of the members thereof shall retire as soon as possible, at the expiration of every second year. The tenure of the members of the Council of States is 6 year.

Rajya Sabha is a Permanent House and is not subject to dissolution as per Article 83(1) of the Constitution of India. But as nearly as possible, one-third of its members retire every two years.