Rajya Sabha

The origin of the second Chamber can be traced to the Montague-Chelmsford Report of 1918. The Government of India Act, 1919 provided for the creation of a ‘Council of State’ as a second chamber of the then legislature with a restricted franchise which actually came into existence in 1921.

Role of Rajya Sabha

  • Rajya Sabha has prevented hasty legislation and has served as a dignified chamber representing the federal principle.  
  • As a federal chamber, it has worked for the unity and integrity of the nation and has reinforced the faith of the people in parliamentary democracy.
  • The Rajya Sabha has some special powers as required to adopt a resolution allowing Parliament to legislate on subjects in the State List and creating All India Services (Art 312), besides approving proclamations of Emergency and President’s Rule when the Lok Sabha is dissolved.
  • It has been playing a pivotal role in India’s much cherished parliamentary democracy, keeping the bicameral structure alive, setting new records and creating history since its inception.
  • Rajya Sabha has been more like an eclectic mix of minds from different streams of life as parties could afford to nominate writers, actors, economists or even poets or political leaders in the house.
  • It helps in a deeper review of laws, it provides a wider platform for more talent and expertise as it complements the first chamber in securing greater executive accountability.
  • The Upper House had cleared bills to penalise untouchability (1954), prohibit dowry (1959), set up All India Institute of Medical Sciences (1956), and give all Indian children the right to education (2009). 
  • It had also passed the Women’s Reservation bill [also called the Constitution (108th Amendment) Bill] (2010) though the Lok Sabha didn’t take it up.
  • It ensures continuity and also brings about a fusion of new and old in the House .This type of arrangement is designed to secure the representation of past as well as current opinion and help in maintaining continuity in public policy.
  • The Rajya Sabha has remained a vanguard for political and social values, a melting pot of culture and diversity and over all, a relentless flag-bearer of sovereign, socialist, secular, democratic republic called India.
  • It fortifies the federal nature of the Indian democracy. It serves the purpose of check and balance on the activities of the ‘Lok Sabha’.
  • It also provides a platform to the small and regional parties to present their views.
  • The ‘Rajya Sabha’, the bureaucracy and the judiciary act as the 3-layered wall that sees to the upkeep of the principles of a democratic republic like India.
  • It would introduce an element of sobriety and second thought besides lending voice to the constituent units in the legislative scheme of things. 
  • The mandate of the Rajya Sabha is to revise or delay legislation without proving a clog in the wheel of the progress; to represent the interests of the States as a federal chamber; and be a deliberative body holding high-quality debates on important issues.

HereIssues related to Rajya Sabha

  • The Upper House spends only 24% of its time in deliberating and passing laws
  • It witnesses a disturbing trend of rising disruptions  which dent the quality of law-making as seen in passing of Bills without discussion sometimes.. 
  • Productivity of the house fell from  87% during 1998-2004 to 61% during 2015-19.
  • Legislatures ensure accountability of the executive through Questions, Calling Attention Notices etc. This Oversight function of the Council of States has fallen from 39.50% to 12.34% since 2015.
  • The Rajya Sabha has become a haven for losers in elections, crony capitalists, compromised journalists and party fundraisers.
  • It acts as a “clog in the wheel of progress” of the nation by delaying the major legislations in the house.

Reform measures needed

The council of states should not be abolished, but it definitely needs to be reformed to get the institutional incentives right.It is much more practical to try and reform the Rajya Sabha than seeking to abolish it.

  • One useful reform step would be to have members of the Rajya Sabha be directly elected by the citizens of a state. This will reduce cronyism and patronage appointments. 
  • This step should be combined with equal representation for each state in the house

The Rajya Sabha is here to stay. It is our responsibility to make it an effective and time-bound contributor to India’s parliamentary system.

Question

India needs a strong council of states, perhaps even more so today when there is so much attention being paid to the principle of cooperative federalism. Critically analyse this statement

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