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- In Sita Soren vs. UoI Case, noting the role of Rajya Sabha as part of Basic Structure, SC declared that Rajya Sabha (RS) elections are within the remit of Article 194(2).
- Article 194(2) deals with Powers, Privileges, etc., of members of Legislature of a State.
- Basic Structure doctrine holds that certain fundamental features of the Constitution cannot be amended or abrogated by Parliament.
- Rajya Sabha (Council of States) is the upper House of Parliament, constituted under Article 79 and 80, represents state’s interests in Parliament.
- Significance of RS
- Check on hasty and ill-conceived legislation: Providing an opportunity for scrutiny of legislative business.
- Federal bicameralism: Acts as conduit for States furthering principle of democratic decentralization and cooperative federalism.
- Special powers: Legislation by Parliament on State subjects listed under Schedule VII (Article 249), creation of new All India Services (Article 312), etc.
- Issues with RS
- Representation: Removal of State domicile criteria, in 2003, for election to RS adversely affects representation of States.
- Legislative: Bypassing of RS (e.g., Aadhaar Act passed as Money Bill), etc.
- Accountability of Union Executive: Instruments such as ‘No-Confidence motion’, ‘Adjournment motion’, etc., are not available with RS.
Recommendations related to RS [Punchhi Commission (2010)]
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