Copyright infringement is not intended

Context: The Chandigarh Municipal Corporation approved a proposal to amend Article 80 of the Indian Constitution.

Details:

• The Chandigarh Municipal Corporation approved a proposal to amend Article 80 of the Indian Constitution so that its councilors could send a representative to the Rajya Sabha.
• Many experts say this move is not legally justifiable.

About Article 80 of Indian Constitution:

• The Article 80 of the Indian Constitution specifies the Composition of the Rajya Sabha or Council of States.
• According to Article 80, the Rajya Sabha shall consist of not more than 238 representatives of the States and of the Union territories, and 12 nominated members.

Composition of the Rajya Sabha:

• The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president.
• The 4th Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the states and union territories.
• Representation of States
  • The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies.
  • The election 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 on the basis of population. Hence, the number of representatives varies from state to state. For example, Uttar Pradesh has 31 members while Tripura has 1 member only.
  • However, in the USA, all states are given equal representation in the Senate irrespective of their population. The USA has 50 states and the Senate has 100 members–2 from each state.
• Representation of Union Territories
  • The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.
  • This election is also held in accordance with the system of proportional representation by means of the single transferable vote.
  • Out of the 9 Union Territories, only 3 (Delhi, Puducherry and Jammu & Kashmir) have representation in Rajya Sabha.
  • The populations of other 6 Union Territories are too small to have any representative in the Rajya Sabha.
• Nominated Members
  • The president nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service.
  • The rationale behind this principle of nomination is to provide eminent persons a place in the Rajya Sabha without going through the process of election.

https://indianexpress.com/article/explained/explained-how-one-bill-can-alter-power-dynamics-in-ut-civic-body-7796739/

Download PDF