Upper House – A Role Play be Indirect Representative of ‘We The People’

Name:- Nikhil Baren Das, XIM University, Odisha

The role of upper house has always been overlooked because of its indirect election and limited powers. This report focuses on the various role it plays as a second chamber of the parliament in the governance of the country. From time to time how it has justified its role by using its limited power in relevant matters. The position it enjoys in our constitution and as compared to those of other countries is explained. Sometimes when its role is neglected or diminished there are terrible consequences which the public suffers, which alarms for the need of toughening of this house. But after a lot of hindrances also it has emerged as a pillar which further strengthens the constitution.

I) INTRODUCTION

India’s bicameral Parliament is composed of the President of India and the two houses: the Upper house (Rajya Sabha) and the Lower house (Lok Sabha).. Article 80(4) states, the upper house members shall be elected by the members of respective State Legislative Assemblies by proportional representation.

II) ROLE OF UPPER HOUSE

Reviewing, federal and debating house:

⇒ Since the popularly elected house (Lower house) resides with major power of making laws, the upper house is assigned with an important role to review it.

Hasty legislations – As the lower house is made up of the popular choices, at times it may make laws by getting carried away from the pertaining situations, so here the upper house of the parliament has a chance to review any impulsive or thoughtless laws/part of the laws.

⇒ Upper house is described as a federal chamber because of its representation of state in the parliament. India follows a quasi-federal structure of government. In the case of Manmohan Singh v. Election Commission of India, it was stated: “The Second Chamber was introduced as cementing of the federal principles and to give representation to the components States of the Union. It was accepted that the house of the people was to represent the people or nation as a whole, in contrast to the Rajya Sabha which is to represent the components States of the Union.”

The concept of bicameralism was required for the federal structure adopted by India and the establishment of upper house confirmed that.

Election process conveys federal character – The election of these representatives by the elected members of the Legislative Assemblies of the respective States and the members of the electoral colleges in the respective Union territories is what ensures it.
Equal representation of parties – The proportional representation method of election gives equal opportunity to each party in state legislature to be represented in the Parliament.

⇒ Apart from other roles, the upper house plays a deliberative role of having all the highly placed quality debates. The first thing that comes to the mind in the name of upper house is a place of debate.

Contribution of esteemed individuals – Its reputed debates are the products of its composition i.e., 12 nominated members having excellence (in any of literature, science, art and social service), members relatively older in age as to the lower house and also states giving opportunities to eminent personalities to represent them in the house.
Societal aiding dialogues – The debates are based on public importance like their issues and their betterment, and it not only holds debate but also looks to make proceedings relevant to public welfare.

Regular, burden sharing and representative house:

⇒ The upper house does not dissolve unlike the lower house, which brings a regularity in the parliament. Here, every member is elected for 6 years and 1/3rd members retire every second year. Its role turns into of great importance when the popularly elected house (lower house) is not in session and the legislative machinery requires to function.

Legislative continuity – It being a regular or stable house does not get much impact on the bills pending before itself in the event of dissolution of lower house.. Thus, the continuity of upper house ensures the continuity in law making.
Evergreen representation – Its provision of retiring 1/3rd members every two years also gives chance to states to renew their representatives and a mixture of old and new members are present at the same time which helps in the continuity of public policies. It showcases the public mood within a span of six years.

⇒ The upper house also plays the role of law making. It has the powers to introduce the Ordinary bills. At times, when required it can ease the burden on the lower house. The requirement of newer legislation day by day in different subjects has necessitated the help of upper house to rescue the lower house.

Active legislation – As of now more than 3500 bills have been introduced in Upper house which states that it is not dormant in its legislative functions and is constantly supporting the lower house.
Working examples – Some major bills introduced by upper house in different fields:

→ Social – Hindu law enactments, Slum areas (Improvement and Clearance), etc.

→ Labour welfare – Bonded Labour System (Abolition) Bill, Trade Union (Amendment) Bill, etc.

⇒ One of the major aims of creation of upper house is its representative role. It was made to be a structure promoting unity and integrity in our country which is filled with diversity in castes, creeds, religions, languages and ethnic groups.

Minority interests – Justice D.Y. Chandrachud in Aadhar judgement stated that “among other roles of Upper house is representation for diverse socio-economic interests or ethno-cultural minorities.”
Easy passage for experienced personalities – “Here experienced public figures get access without going through the din and bustle of a general election which is inevitable in the case of Lok Sabha”, stated in Kuldip Nayar v. Union of India. It helps bring in their knowledge and experiences to the house and make it further inclusive.

Securing executive accountability and raising public interests:

⇒ These roles go hand in hand. With the help of various procedural devices like; Questions, Calling Attention, Special Mentions, Half-an-Hour Discussion, the system of parliamentary Committees etc., the parliamentary surveillance over administrative actions is maintained.

Assessment through committees – Department Related Standing Committees (DRSCs) are there to scrutinize the functioning of the various Ministries/ Departments of the Union Government. Presently there are 24 DRSCs and 8 of them are under direct control of the Upper house.
Raising issues through procedures – With the help of devices like questions, problems of the public that needs to be addressed immediately are brought up and forces the executive to be accountable and work onto them.

Compared to the lower house:

⇒ In parliamentary democracy, the lower house is always provided with more powers than the upper house. But our constitution makers have tried to give equal status and position to both the houses of parliament which can be justified by the powers enshrined with each house.

Exclusive powers – Both have some exclusive powers which indeed define the houses.

Upper house –

→ Legislation on State matters by Parliament [Article 249]

→ Creation of All India Services for states and Union of India [Article 312]

Lower house –

Equal electing and impeaching powers – In the matters of election of president and vice president and their impeachment the upper house votes value is matched to those of the lower house because of difference in numbers of members in each house. So, this places them equally. – [Articles 54, 61 and 66]

III) RECENT ISSUES AND SUGGESTIONS

There have been several issues over the years concerning the role of upper house. Some of the recent ones are:

Regarding money bills

There have been previous attempts from the lower house to surpass the proceedings of upper house by passing the bills as money bill or certain financial bill (where the upper house has no power). Recently, such case has happened which is highly debated on this issue – the Aadhar Act.

The Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 has been challenged in the case of KS Puttaswamy v. Union of India on its passage as a Money bill.
In September 2018, the constitutional validity of the Aadhar Act was upheld by the Supreme Court with a 4-1 majority, and only Justice D.Y. Chandrachud opposed it. He opined the passing of Aadhaar Act as a Money Bill, a “fraud on the Constitution”.

Regarding parliamentary procedure

In recent times there have been issues of neglecting the parliamentary procedures in the passage of the bills which prevents it from scrutinizing by the upper house. These procedures when avoided shows impact later on the time of implementation of laws and fails to achieve wider public acceptance.

Most visible from it are the farm bills which were passed in the upper house through a voice vote, even when there was a demand of recorded vote by the opposition MPs. The National Democratic Alliance (NDA) was not in a situation to win in the upper house because of its lack of majority there.
Apart from these, there are also several other earlier bills which weren’t referred to any parliamentary committees for analysis and examination. It includes the Constitution Amendment Bill repealing Jammu and Kashmir’s special status and Bills concerning Citizenship Amendment, Triple Talaq and Unlawful Activities (Prevention) Bill.

Suggestions

The Rajya Sabha needs to be strengthened. The above conflicts only demonstrate its wider scope where it can have effect and impact on the governance. The definition of money bills should be made clear and up to what extent of ancillary terms can it cover be mentioned as well.

IV) ROLE COMPARISON TO OTHER COUNTRIES

Although 79 countries or 41% of the total countries have an upper house (or follow bicameralism), their powers and roles are different from each other.And it is relatively less powerful, it also has certain powers which the other House does not possess, viz., the power to approve treaties and high appointments made by the President.

In Kuldip Nayar v. Union of India,

“India’s unequal representation of state in Rajya Sabha is adopted after observing other federal bicameral legislatures. Hence, it would not be feasible to allocate seats on equal terms.

Comparison of Indian upper house (Rajya Sabha) with other upper houses of parliamentary system countries to have a likewise comparison:

The Australian upper house (Senate) is popularly elected, under the single transferable vote system of proportional representation. It is entrusted with rather major powers than the Rajya Sabha, like the capacity to block legislation initiated by the government in the House of Representatives and has significant powers in financial matters too.

V) CONCLUSION

Though indirectly elected the upper house has a bigger and important role to play. Every constitutional organ has been established with a certain objective. The recent issues only boast about the power it has been given. “In his final speech to the Constituent Assembly on November 25, 1949, Dr. B. R. Ambedkar said that the operation of the state’s organs is independent of the nature of the constitution but of the people and political parties they set up to carry out their wishes”. So, what role the upper house plays in future depends on the future aspirations of people only.

Reference

Constitution of India, Ministry of Law and Justice, Govt. of India (2021)
Rajya Sabha – rajyasabha.nic.in
Wikipedia – Bicameralism,
Dr. V. K. Agnihotri, Second Chamber in Indian Parliament: Role and Status of Rajya Sabha, 2009,
Arvind P. Datar & Rahul Unnikrishnan, Aadhaar: The Money Bill Controversy, Bar and Bench
INDIA CONST. art. 80
Manmohan Singh v. Election Commission of India, LNIND 1996 GAU 223
INDIAN CONST. art. 80(4)
INDIA CONST. art. 80(3)
INDIAN CONST. art. 83(1)
Supra. note 5
Wikipedia – Dhananjaya Y. Chandrachud, https://en.wikipedia.org/wiki/Dhananjaya_Y._Chandrachud, (last visited Nov. 9, 2021).
Kuldip Nayar v. Union of India and others, LNIND 2006 SC 635
Rajyasabha.nic.in, Executive – Its Accountability to Parliament – Rajya Sabha, https://rajyasabha.nic.in/rsnew/practice_procedure/naccount.asp, (last visited Nov. 9, 2021).
Supra. note 12
S.N. Sahu, The Wire – The Way Farm Bills Passed in Rajya Sabha Shows Decline in Culture of Legislative Scrutiny, https://thewire.in/politics/farm-bills-rajya-sabha-legislative-scrutiny, (last visited Nov. 9, 2021).
Id.
Id.
IPU PARLINE database : Structure of Parliaments, http://archive.ipu.org/parline-e/ParliamentsStructure.asp?REGION=All&LANG=ENG, (last visited Nov. 9, 2021).
MP Jain: Indian Constitution Law 6th Edition 2013, volume 1, (last visited Nov. 9, 2021).
Supra. note 12
Wikipedia – Bicameralism, https://en.wikipedia.org/wiki/Bicameralism, (last visited Nov. 9, 2021).
Constituent Assembly Debates, 25 November 1949

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