ROLE AND IMPORTANCE OF UPPER HOUSE IN

OUR LEGISLATURE

Submitted by

A.Manoranjan
Reg. No. BC0150014

Under the Guidance of

Ms.Nikita Pattajoshi
Assistant Professor

TAMIL NADU NATIONAL LAW SCHOOL

(A State University established by Act No. 9 of 2012)
Tiruchirappalli
Tamil Nadu 620 009

MARCH 2017

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Ms.Nikita pattajoshi
Assistant Professor in Constitutional law-II
Tamil Nadu National Law School
Tiruchirappalli
Tamil Nadu 620 009

CERTIFICATE

This is to certify that the project work entitled ROLE AND IMPORTANCE OF

UPPER HOUSE IN OUR LEGISLATURE is a bonafide record of the research work

done by (A.Manoranjan), under my supervision and guidance. It has not been submitted

by any other University for the award of any degree, diploma, associate ship, fellowship

or for any other similar recognition.

Place: Tiruchirappalli

Date:

Signature of the Guide

A.Manoranjan
Reg. No. BC0150014 II Year B.COM. LLB. (Hons.)
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Tamil Nadu National Law School
Tiruchirappalli
Tamil Nadu 620 009

DECLARATION

I, A.Manoranjan, do hereby declare that the project entitled ROLE AND

IMPORTANCE OF UPPER HOUSE IN OUR LEGISLATURE submitted to Tamil

Nadu National Law School in partial fulfillment of requirement for award of degree in

Under Graduate in Law to Tamil Nadu National Law School, Tiruchirappalli, is my

original research work. It and has not been formed basis for award of any degree or

diploma or fellowship or any other title to any other candidate of any university.

Counter Signed Signature of the Candidate

Project Guide

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 ACKNOWLEDGEMENT
At the outset, I take this opportunity to thank my Professor Ms.Nikita pattajoshi from

the bottom of my heart who has been of immense help during moments of anxiety and torpidity

while the project was taking its crucial shape.

Secondly, I convey my deepest regards to the Vice Chancellor Dr.KAMALA

SANKARAN and the administrative staff of TNNLS who held the project in high esteem by

providing reliable information in the form of library infrastructure and database connections in

times of need.

Thirdly, the contribution made by my parents and friends by foregoing their precious time

is unforgettable and highly solicited. Their valuable advice and timely supervision paved the

way for the successful completion of this project.

Finally, I thank the Almighty who gave me the courage and stamina to confront all

hurdles during the making of this project. Words arent sufficient to acknowledge the

tremendous contributions of various people involved in this project, as I know Words are Poor

Comforters. I once again wholeheartedly and earnestly thank all the people who were involved

directly or indirectly during this project making which helped me to come out with flying colors.

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 CHAPTERIZATION

S.NO CHAPTER NO. SYNOPSIS PAGE.NO.

1. 1.1 INTRODUCTION
2. 2.1 ROLE AND NECESSITY OF

RAJYA SABHA
2.2 THE CONDITIONS OR THE

CRITERIA
2.3 PRIVILEGES OF MEMBERS
2.4 SPECIFIC ROLES OF THE

HOUSE
3. 3.1 MISCELLANEOUS FUNCTIONS
4. 4.1 SPECIAL POWERS OF RAJYA

SABHA
5. 5.1 CONCLUSION

CHAPTER: 1.1
INTRODUCTION:

As to the knowledge of everyone, the so called upper house is otherwise called as RAJYA
SABHA which at most has 250 members. The role and importance of the upper house is not

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something so new to be discussed or to be researched at the present situation. But, whether it
serves its purpose or not, needs an eminent and imminent discussion. The Rajya Sabha is
otherwise known as the upper house of the Parliament of India. The Rajya Sabha held its first
sitting on 13 May 1952.The concept of the Rajya Sabha can be seen as early as 1919, when the
Montague-Chelmsford Report was brought forth. It recommended its formation, similar to that of
other democratic countries of the time. The responsibilities of the Second Chamber were
although marginalized, and did not reflect any federal features in the true sense. The Second
Chamber was also considered as a British Government Chamber, holding only colonial
interests. Despite protests from the Indian faction, the Council of States, in the restricted form,
continued to operate until the country got rid of the foreign rule in 1947.The newly independent
India, with its idealistic views, imagined a bicameral legislature that would uphold the
democratic traditions. In this regard, the Union Constitution Committee, under Jawaharlal
Nehru as Chairman was formed, and the report in 1936 mentioned that the Second Chamber or
Upper House would be reactionary and its responsibility would be to check any forward
tendencies in the Lower House. Prominent freedom fighter and political personality, M A
Ayyangar further explained, that the Upper House would provide opportunities for different
people to participate in politics, and whatever hasty legislation is passed by the Lower House,
would be checked by the slow movement of the Upper House. Initially named as the Council
of States, this legislative unit was given the historic responsibility of unifying the nation, by
representing the States and Union territories and voicing their interests. After 1994, the number
of sessions was considered as three, as the two Budget Sessions were clubbed into one. With
time, rules and regulations of the Rajya Sabha were reformulated and designed to address
matters of the modern society

CHAPTER: 2.1

ROLE AND NECESSITY OF RAJYA SABHA:

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The need for Second Chamber had been felt practically all over world wherever there are
federations of any importance. After all, the question for us to consider is whether it performs
any useful function. The most that we expect the Second Chamber to do is perhaps to hold
dignified debates on important issues and to delay legislation which might be the outcome of
passions of the moment until the passions have subsided and calm consideration could be
bestowed on the measures which will be before the Legislature; and we shall take care to provide
in the Constitution that whenever on any important matter, particularly matters relating to
finance, there is conflict between the House of the People and the Council of States, it is the view
of the House of the People that shall prevail. Being the upper house and the second chamber of
the Indian constitution, Rajya Sabha plays the powerful role after the first citizen of India. The
soul function of the upper house is to take care of the lower house and other legislative functions.
The necessity of the existence of the upper house is to stay as a standard linkage between the
lower house and the first citizen and to provide more opportunities for scrutiny and to create an
enabling atmosphere for securing greater executive accountability and also to take in control of
the lower house and also to share its burdens. The upper house serves its purpose in all ventures
of the government including the legislature, judiciary and executive. The members of the upper
house enjoy various powers. Since the upper house is very powerful, it has some defects starting
for its eligibility criteria for its members. Moreover, the rules and criteria for the upper house has
never been amended or improved. Ever since its inception, the role played by the Rajya Sabha
for strengthening parliamentary democracy amply proves the wisdom of the founding fathers of
our Republic. Success of bicameralism in India owes a lot to the way the Rajya Sabha has
redeemed itself as a democratic institution with proven record of its relevance not only for the
body polity but also for our society and people. Its performance in the legislative field and in the
formulation and influencing the Government policies has been quite significant.

CHAPTER: 2.2

THE CONDITIONS OR THE CRITERIA:

He must be a citizen of India.
He must be above the age of 30 years.

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 He must possess all other qualifications as laid down by the Parliament.
He must not hold any office of profit under any government.
He should not be an insane or a bankrupt.
He should not have been disqualified under any law of the Parliament.
Now any person residing in any part of India can contest election to the Rajya Sabha
from any state. For this purpose residence of the concerned state is not essential.
Further, Ministers may belong to either House of Parliament, and the Constitution does
not make any distinction between the two Houses in this regard.

DISQUALIFICATIONS:
Cannot be an insolvent, i.e. he/she should not be in debt and should have the ability to
meet his/her financial expenses.
Should not hold any other office of profit under the Government of India.
Should not be of unsound mind.
Must possess such other qualifications as may be prescribed in that behalf by or under
any law made by Parliament.

Besides these, the condition that tells TWELVE OF RAJYA SABHA MEMBERS ARE
NOMINATED BY THE PRESIDENT FROM PERSONS WHO HAVE EARNED
DISTINCTION IN THE FIELDS OF LITERATURE, ART, SCIENCE AND SOCIAL
SERVICE has to be re-considered. It is already known that the upper house election is not a
direct election by the people, adding to this when the first citizen of our state nominates twelve
members, it is further complicating. If the intention is to have educated or knowledge people in
the assembly, then the condition should be applied to all the 250 members. Secondly, the
minimum age limit to be a member of Rajya Sabha should be reduced, because even a chief
minister of any state in India doesnt abide to this condition as the minimum age limit is 25.

CHAPTER: 2.3

PRIVILEGES OF MEMBERS:
The members of the Rajya Sabha enjoy several privileges. Unlike the Lok Sabha, the
Rajya Sabha is a permanent body and is not subject to dissolution, but one-third of its members

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retire every two years and their place is taken by new members. That is, a member of Rajya
Sabha Who is elected for a full term, retains the membership for a period of six years. However,
a member elected to a seat rendered vacant due to resignation, etc., serves for the remaining term
only. Therefore, the composition of Rajya Sabha changes every second year with one-third of its
members retiring and new members getting elected for a period of six years unlike the members
of Lok Sabha, who are elected for a term of five years. They enjoy unrestricted freedom to
express their views in the House. No action can be taken against them for anything said by them
in the House. They cannot be arrested for any civil offence during, and 40 days before and after
the session of the Rajya Sabha. For protecting the privileges of the members of the House, the
Committee on Privileges has been in existence since the inception of the Rajya Sabha. The
House has a right to receive immediate information of the arrest, detention, conviction,
imprisonment and release of a member on a criminal charge or for a criminal offence. Members
or officers of the House cannot be compelled to give evidence or to produce documents in courts
of law, relating to the proceedings of the House without the permission of the House. Members
or officers of the House cannot be compelled to attend as witnesses before the other House or a
House of a State Legislature or a committee thereof without the permission of the House and
without the consent of the member whose attendance is required.

CHAPTER: 2.4

SPECIFIC ROLES OF THE RAJYA SABHA:

The makers of our Constitution envisaged the role of the Rajya Sabha along three axes: as a
legislative chamber of elders discussing, revising or delaying legislation as per need; as an

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institution where interests of the states of the Indian Union could be projected and safeguarded
and; as a deliberative chamber where greater and diverse experience is brought to bear on
questions of significance. The essence of democracy is participatory governance. Experience the
world over has shown that this ensures responsiveness and transparency. Its main roles are as
follows.
The Rajya Sabha can pass a special address for causing the removal of a judge of the
Supreme Court or any High Court.
The charges against the Vice-President can be leveled only in the Rajya Sabha.
The Power to declare a subject of State List as a Subject of National Importance: The
Rajya Sabha can pass a resolution by 2/3rd majority of its members for declaring a State
List subject as a subject of national importance. Such a resolution empowers the Union
Parliament to legislate on such a state subject for a period of one year. Such resolutions
can be repeatedly passed by the Rajya Sabha.
Power in respect of Creation or Abolition of an All India Service: The Rajya Sabha has
the power to create one or more new All India Services. It can do so by passing a
resolution supported by 2/3rd majority on the plea of national interest. In a similar way,
the Rajya Sabha can disband an existing All India Service.
As a federal chamber, it can initiate Central intervention in the State Legislative field.
Article 249 of the Constitution provides that the Rajya Sabha may pass resolution, by a
majority of not less than two-thirds of the Members present and voting, to the effect that
it is necessary or expedient in the national interest that Parliament should make laws with
respect to any matter enumerated in the State List.
Exclusive power of the Rajya Sabha is contained in Article 312 of the Constitution
wherein if the Rajya Sabha passes a resolution by a majority of not less than two-thirds of
the members present and voting declaring that it is necessary or expedient in the national
interest to create one or more All India Services common to the Union and the States,
Parliament will have the power to create by law such services.

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