the rajya sabha

THE COUNCIL OF STATES

RS or COS is the UH of the UP.It represents the regional interests of the 29

federating states and 6 UT. Representation of the states in RS differs

form state to state on the basis of their respective population.

Are elected by the elected members of the SLA as per the system of proportional representation by means of a single transferable vote.

Representatives from the UT are chosen in a manner determined by laws of the Parliament.

Must be 30 years of age.Should not be a proclaimed offender.Should have his name on the electoral list.Should not hold any office of profit under the

Govt.

Tenure: 6 year term, 1/3rd of its total members retire two years and new members are elected.

RS is a permanent house not subject to dissolution as a whole.

Sessions: Are summoned by the President.Must be at least 2 sessions of the RS in a year.Quorum: 1/10th of the total membership of the

RS constitutes the quorum for holding a meeting of the House.

Ex-officio Chairman of the RS- VP.Chairman performs all those functions in the

RS which the speaker normally performs in the LS.

Chairman of RS is not a member of the House and so is not entitled to vote in the Chamber.

Has been given a casting vote incase of a deadlock.

RS elects form amongst its members, a DC who presides over the meetings of the House in the absence of the Chairman.

Has to vacate his office if he ceases to be a member of RS.

FOS: MPs enjoy FOS in the House and in its various committees.

No MP is liable to any proceedings in any court in respect of anything said or any vote cast by him/her in the Parliament or in any of its committees.

FFA: No MP can be arrested in a civil case during the session of the House, forty days before the commencement and forty days after the adjournment of the House so that the members can fully participate in the proceedings of the House.

No legal notice or warrant for arrest can be served on a MP within the precincts of the Parliament for his activities outside the Houses without the permission of the Speaker in case of the MP of LS and Chairman in case of the MP of RS.

MPs cant enjoy this freedom if they are involved in any criminal cases or contempt of court or preventive detention.

In this case the arresting officer should inform immediately the presiding officer about the arrest of the member.

No MP is allowed to escape from criminal proceedings or allowed to endanger the security of the country.

Freedom from jury service: During session, a MP has the right to refuse to give evidence or appear as a witness in a case pending in a court of law to ensure that Parliamentary proceedings have precedence over all other business.

Freedom of Movement: Cannot be kept in detention without the prior permission of the Chairman of the House of which he is a member.

Freedom to regulate their Affairs: IP can regulate its affairs without any interference from the Executive or the Judiciary.

IP can summon persons and ask them to give evidence of information if required.

Facilities and Allowances: Salaries and allowances area determined by the Parliament form time to time.

Salary, daily allowances during the session, free railway travel throughout India, travelling allowance, constituency allowance and amenities like housing, telephone, electricity etc.

Facilities and Allowances: Salaries and allowances area determined by the Parliament form time to time.

Salary, daily allowances during the session, free railway travel throughout India, travelling allowance, constituency allowance and amenities like housing, telephone, electricity etc.

Any Opposition party which has more members in the Parliament than nay other Opposition party is given the official status of the OP and its leader in the House is known as the LOO.

One tenth of the members of the total membership of the House – in order to have the status of the official Opposition in the House.

LOO in both the Houses are given the status and privileges of a CM.

Certain formalities which the legislators observe in the Parliament are called PP.

Oath: Quorum: Minimum number of members

required to be present in the House before it can transact its business. 10% of the total membership of the RS and 10% of the total membership of the LS- quorum at present.

Casting Vote: Incase of a tie then the Speaker/Chairman of the House has the power to cast his vote in order to decide the issue. Such a vote is called the CV.

Question Hour: First hour of every working day of the House is normally reserved for questions to be asked by the members.

Purpose : To seek information and to draw attention of the Government to grievances of public importance.

Resolution: A motion through which the House expresses its majority opinion on a matter of public importance.

15 day notice before bringing up such a motion.

Resolution of the house: is the majority opinion on such a matter in the House.

Motion: When a matter of public interest is sought to be discussed in the House, it is called a Motion.

Types of Motion: Motion of thanks, Substantive Motion, Motion for impeachment, Adjournment motion.

LegislativeFinancial Control over the ExecutiveJudicial Electoral Miscellaneous

LEGISLATIVE : Main business of the P= to deal with the

maters relating to the Legislature i.e. to the making of Laws.

a)P has ELJ over 97 subjects in the UL.b)P and the SL have the right to make law on 47

subjects in the Concurrent List.c)P can also enact laws on 66 Subjects on the

State List if……………………………………d)P can make laws on Residuary Subjects.

LEGISLATIVE : e) P can amend the Constitution, though in

certain cases these amendments must be ratified by a majority of the states. States cannot initiate an amendment of the Constitution.

f) All ordinances issued by the President must be approved by the Parliament with six weeks after its session has begun, failing which such ordinances lapse.