Study Guides/Civics/Article 80 of Indian Constitution
Study Guide · Civics

Article 80 — Composition of the Rajya Sabha

Article 80 of the Indian Constitution defines the composition and maximum strength of the Rajya Sabha (the Council of States), which is the Upper House of the Indian Parliament.

Question (Click to Flip)

Can nominated members of the Rajya Sabha vote in the Presidential election?

Answer

No. The 12 nominated members cannot vote in the election of the President of India. However, they are allowed to vote in the election of the Vice-President and in the impeachment process of the President.

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Key Facts

Unlike the US Senate, where every state gets exactly 2 seats regardless of its size, the Indian Rajya Sabha under Article 80 allocates seats based on population. Therefore, larger states have a much stronger voice in the Upper House.

Maximum Strength

According to Article 80, the maximum strength of the Rajya Sabha is fixed at 250 members. This is divided into two categories:

  1. 238 members representing the States and Union Territories.
  2. 12 members nominated by the President of India.

(Note: The current actual working strength of the Rajya Sabha is 245 members: 233 elected and 12 nominated).

The 12 Nominated Members

Article 80(3) gives the President the power to nominate 12 members to the Rajya Sabha. These individuals must have special knowledge or practical experience in four specific fields:

  • Literature
  • Science
  • Art
  • Social Service

The purpose of this provision is to bring distinguished experts into Parliament who might not want to go through the rough process of political elections. (Famous examples include Sachin Tendulkar, Rekha, and Mary Kom).

Election of State Representatives

Article 80(4) states that the representatives of each State shall be elected by the elected members of the Legislative Assembly of the State (MLAs).

  • The election uses the system of proportional representation by means of the single transferable vote.
  • The number of seats allotted to each state is based on its population and is listed in the Fourth Schedule of the Constitution. (E.g., Uttar Pradesh has the highest with 31 seats, while Goa has 1).

Union Territories

Article 80(5) states that representatives of the Union Territories are chosen in such a manner as Parliament may by law prescribe. Currently, only UTs with Legislative Assemblies (Delhi, Puducherry, Jammu & Kashmir) send representatives to the Rajya Sabha.

Questions and Answers

Can nominated members of the Rajya Sabha vote in the Presidential election?+

No. The 12 nominated members cannot vote in the election of the President of India. However, they are allowed to vote in the election of the Vice-President and in the impeachment process of the President.

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