Elections for Rajya Sabha
Context:
The Election Commission of India (ECI) has announced by-elections for 12 Rajya Sabha seats, scheduled for September 3. The official notification for these bypolls will be issued on August 14.
Rajya Sabha Elections: Overview and Process
Constitutional Background:
- Article 80 of the Indian Constitution provides for the composition of the Rajya Sabha, the upper house of Parliament.
- Members are elected indirectly by the elected members of State Legislative Assemblies through proportional representation by means of a Single Transferable Vote (STV).
- The Rajya Sabha is a permanent body with members having a tenure of six years, with one-third retiring every two years.
Election Necessity:
- Polls for Rajya Sabha are only held if the number of candidates exceeds the number of vacancies.
- Historically, Rajya Sabha elections were often uncontested, with candidates winning unopposed, particularly before 1998.
2003 Amendment to the Representation of the People Act, 1951:
- To curb cross-voting (where MLAs vote against party lines), the 2003 amendment introduced an open ballot system.
- MLAs must now show their ballot papers to their party’s authorised agent to ensure compliance with party voting.
Election Process in Rajya Sabha:
- Seat Allocation: Seats are allocated based on the population of each state. Larger states like Uttar Pradesh have more seats, while smaller states like Goa have fewer.
- Indirect Election System: Members are elected by state MLAs using STV, where MLAs rank candidates by preference.
- Quota Calculation: To win, a candidate must secure a quota, calculated by dividing total valid votes by the number of seats plus one.
- Vote Transfer: Surplus votes from elected candidates are transferred to the next preferred candidates. The process continues until all seats are filled.
Cross Voting and its Implications:
- Definition: Cross-voting occurs when an MLA votes against their party’s candidate. This can happen due to various reasons, including bribes, ideological differences, or personal relations.
- Negative Implications: Cross-voting undermines party discipline, can lead to corruption, and disrupts the democratic process by potentially electing candidates not supported by the majority.
- Positive Implications: In some cases, it can reflect an MLA’s independence and allow for more nuanced decision-making.
Anti-Defection Law and Rajya Sabha:
- Tenth Schedule: The anti-defection law, part of the Tenth Schedule, disqualifies MPs and MLAs who defect from their parties.
- Applicability: The Election Commission clarified that this law does not apply to Rajya Sabha elections, allowing MLAs to vote freely without facing disqualification.
Judicial Rulings on Rajya Sabha Elections:
- Shailesh Manubhai Parmar v. Election Commission of India (2018): The Supreme Court ruled against the use of NOTA in Rajya Sabha elections, stating it is contrary to the system of proportional representation.
- JMM Bribery Case (1998): Initially, the SC provided immunity to lawmakers for votes and speeches in Parliament even if they took bribes. This was overturned in 2024, allowing for criminal prosecution in such cases.
- Kuldip Nayar v. Union of India (2006): The SC upheld the open ballot system for Rajya Sabha elections, emphasising transparency to combat corruption.
Transparency Measures:
- Open Ballot System: Introduced to prevent cross-voting. MLAs must show their ballot to the party’s authorised agent, making the voting process more transparent.
- Independent Candidates: Independents cannot show their ballots to anyone, maintaining a level of secrecy.
Conclusion:
Rajya Sabha Elections are crucial for maintaining the balance of power between states and the central government in India. While efforts have been made to ensure transparency and prevent corruption, the system still allows for independence and accountability among legislators.
