Rajya Sabha’s role part of Basic Structure of Constitution: Supreme Court (SC) | Current Affairs | Vision IAS
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    Rajya Sabha’s role part of Basic Structure of Constitution: Supreme Court (SC)

    Posted 11 Mar 2024

    Updated 27 Mar 2024

    2 min read

    • 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)]

    • Equal representation of States in RS, irrespective of population size.
    • Parliament should restore territorial link between RS members and the State that they represent.
    • Tags :
    • Rajya Sabha
    • Sita Soren vs. UoI Case
    • Punchhi Commission
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