How the Rajya Sabha works

The Rajya Sabha, or Council of States, is the upper house of Parliament. It exists to represent the states and union territories in law-making, which is why its members are chosen by state legislators rather than directly by voters.

Who sits in it

Article 80 sets a maximum of 250 members: up to 238 representatives of the states and union territories, and 12 members nominated by the President for their knowledge or experience in literature, science, art and social service. Seats are shared out among the states roughly according to population, as listed in the Fourth Schedule — Uttar Pradesh has the most. A member must be at least 30 years old.

How members are elected

Each state’s members are elected by the elected members of its legislative assembly, by proportional representation with the single transferable vote. Since 2003 the ballot has been open: an MLA must show the vote to the party’s authorised agent, to discourage cross-voting.

A permanent house

The Rajya Sabha is never dissolved (Article 83). Members serve six years, and about a third of them retire every second year, so elections are held in batches. The Vice-President is its ex officio Chairman; a Deputy Chairman is elected from its members.

What it can and cannot do

• Ordinary bills and constitutional amendments: its consent is needed, just like the Lok Sabha’s. A deadlock over an ordinary bill can be settled at a joint sitting; there is none for amendments.
• Money: it cannot reject or amend a money bill, only recommend changes within 14 days, and it does not vote on the budget’s demands for grants.
• Confidence: the government is responsible to the Lok Sabha alone, so the Rajya Sabha cannot bring it down.
• Powers of its own: by a two-thirds vote it can let Parliament make laws on a subject in the State List in the national interest (Article 249), or create a new all-India service (Article 312).

More: How a bill becomes a law · All guides