Why two Houses: bicameralism and the representation of states

Detail

1. What bicameralism means

• Bicameralism means a legislature with two Houses. A unicameral legislature has only one House.
• India's Parliament has three parts: the President, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha) (Art. 79) [3].
• The Hindi names came later:
• On 14 May 1954 the Lok Sabha Speaker said the House of the People would be called Lok Sabha [3].
• On 23 August 1954 the Rajya Sabha Chairman said the Council of States would be called Rajya Sabha [3].
• The Constitution still uses the English names [3].

2. Why large, diverse countries choose two Houses (Class 11 reasons)

• Representation: every section of society and every region gets a voice.
• "Double check": every decision is looked at twice. If one House makes a hasty decision, the other House can reconsider it.
• Purnima Banerji told the Constituent Assembly (30 July 1949) that an upper House is a revising body (a House that re-examines and improves laws) whose "views may count but not its votes".
• Class 8 view: the framers felt that one directly elected House was not enough. They wanted a Council of States in the spirit of federalism (power shared between the Union and the states).

3. The colonial precedent and the Constituent Assembly debate

• Government of India Act 1919: this Act created a two-House central legislature:
• the Council of State, with 60 members;
• the Central Legislative Assembly, with 145 members [2].

• Very few people could vote for the Council of State. High property rules meant it mostly represented rich landowners and merchants. Women could not vote for it or stand for it [2].

• Government of India Act 1935: this Act planned a two-House federal legislature. Its Council of State was to have 260 members and was to be a permanent House. The federal part of the Act never came into force [2].

• Union Constitution Committee (chaired by Jawaharlal Nehru; report dated 21 July 1947) [2]:
• It proposed a Council of States of 250 members.
• Seats were to follow a population formula: one seat per million people up to five million, then one seat for every two million more, up to a maximum per unit.

• The House could not be dissolved. One-third of its members would retire every two years.

• The debate for and against [2]:

• Against: Shibban Lal Saksena called upper Houses a "clog in the wheel of progress". Loknath Mishra said a second chamber would serve no useful purpose.
• For: Naziruddin Ahmad said it would bring "sobriety and second thought" and give the states a place.

• N. Gopalaswami Ayyangar, replying to the debate, said the second chamber would "delay legislation which might be the outcome of passions of the moment". He also said it would give seasoned people a place in debate.

• Equal representation was rejected [2]:

• K.T. Shah wanted each state to elect five members, giving every state equal seats.
• Loknath Mishra wanted equal seats, with a maximum of three per unit.

• The Assembly chose seats based on population instead.

• Two special state-related powers were given to the Rajya Sabha [2]:

• B.N. Rau proposed a power that became Art. 249.

• Ambedkar defended the All-India Services resolution, which became Art. 312. He said the Council was "the custodian of States' interests". So a two-thirds resolution passed by it would count as the states' consent [2].

• Sieyès vs Maine [2]:

• Abbé Sieyès: "If a second chamber dissents from the first it is mischievous; if it agrees, it's superfluous."
• Sir Henry Maine: almost any kind of second chamber is better than none.

4. Two principles of representation

• Symmetrical representation: every unit gets the same number of seats, whatever its population.

• Example: the US Senate gives two seats to every state.

• Population-based representation: seats are given mostly by population.

• Example: India's Fourth Schedule (the list in the Constitution that gives each state and UT its number of Rajya Sabha seats).

• Uttar Pradesh (1998.12 lakh people) has 31 seats. Sikkim (6.10 lakh) has 1 seat. Under equal representation, both would have had the same number.

• Why India chose this: India is a "Union of States". It was not formed by states signing an agreement. So equal seats were not needed [2][4].

Feature	US Senate	Germany's Bundesrat	India's Rajya Sabha	UK House of Lords
Basis of seats	Equal: 2 per state	Population bands; 69 seats for 16 Länder	Mostly population (Fourth Schedule)	Not territorial
Who sits	Elected senators	State ministers appointed by state governments	Members elected by state Assemblies + 12 nominated	Members are not elected
How members vote	Individually	Each state votes as one bloc on its government's instructions	Individually; usually on party lines	Individually
Main role	Strong federal chamber	Must consent to laws in fields where the Länder have concurrent powers	Revising chamber with special federal powers (Art. 249, 312)	Revising chamber

5. Germany's Bundesrat

• The Bundesrat represents Germany's 16 Länder (states). It has 69 seats, divided by population bands (bigger states get more seats, within fixed ranges).
• Its members are state ministers appointed by state governments. They are not elected by voters.
• Each state votes as a bloc (all its votes go the same way) on its government's instructions. If the coalition partners in a state government disagree, that state abstains (does not vote).
• Laws in fields where the Länder have concurrent powers (powers shared with the federal government) need its consent.
• The lower House, the Bundestag, is directly elected for four years under a mixed system (part constituency seats, part list seats).

6. How the Rajya Sabha's composition has changed

• Art. 80(1): the Rajya Sabha can have at most 250 members:
• 12 nominated by the President;

• 238 representatives of the states and UTs [3].

• Present strength: 245 members (233 elected + 12 nominated) [3].

• Art. 80(3): nominated members must have special knowledge or practical experience in literature, science, art and social service [3].
• Art. 80(4): state representatives are elected by the elected MLAs of each state. The method is proportional representation by means of the single transferable vote (voters rank candidates in order of choice, so seats are shared roughly in line with party strength) [3].
• Art. 80(5): Parliament decides by law how UT representatives are chosen [3].

• Today only Delhi (3) and Puducherry (1) have Rajya Sabha seats among the UTs listed in the Fourth Schedule [3].

• Original formula (1949): one seat per million people for the first five million, then one seat for every extra two million [3].

• Changes in strength:
• On adoption (26 November 1949): 217 members (205 elected + 12) [3].
• On 26 January 1950: 216 members (204 elected + 12). "United Provinces" was renamed Uttar Pradesh, which had 31 seats [3].
• Constitution (Seventh Amendment) Act 1956: replaced the whole Fourth Schedule after the reorganisation of states. UP got 34 seats; there were 220 elected seats [3].
• Constitution (Thirty-sixth Amendment) Act 1975: gave Sikkim 1 seat [3].

• Goa got a seat in 1987. This took the elected seats to 233 [3].

• Key dates: the first Rajya Sabha was constituted on 3 April 1952 [3]. It held its first sitting on 13 May 1952 [2].

• Dr S. Radhakrishnan, its first Chairman, said a second chamber was "essential to prevent hasty legislation" [2].

• A permanent House: the Rajya Sabha is never dissolved (Art. 83). One-third of its members retire every second year. This gives continuity [2].

7. Is the Rajya Sabha a federal chamber?

• The case for "yes": its special powers
• Art. 249: Parliament can make laws on a State List subject if the Rajya Sabha declares this is needed in the national interest. (NCERT: any matter affecting states needs its consent, Art. 249.) The steps are:
  1. The Rajya Sabha passes a resolution by a two-thirds majority of members present and voting.
  2. Parliament can then make laws on that State List matter.
  3. The resolution lasts one year. It can be extended one year at a time by a fresh two-thirds resolution.
  4. The law stops working six months after the resolution ends [2]. - The Rajya Sabha used this power in 1952 and 1986 [2].
• Art. 312: if the Rajya Sabha passes a two-thirds resolution, Parliament can create new All-India Services.
  • Resolutions were passed in 1961 and 1965. They led to services such as the Indian Forest Service and the Indian Engineering Service [2].
• Emergency approvals: a proclamation under Art. 352, 356 or 360 needs approval by both Houses. If the Lok Sabha has been dissolved, the Rajya Sabha alone keeps it alive until a new Lok Sabha meets.
  • This happened in 1977 (Tamil Nadu and Nagaland) and 1991 (Haryana) [2].

• Election method: members are chosen by state Assemblies. The Rajya Sabha's own account describes this as giving the House its federal character [2].

• The case for "no": party comes first

• Class 11: members of the Rajya Sabha "represent their parties more than they represent their States".
• Seats are unequal, so big states dominate. UP's 31 seats outweigh all eight north-eastern states together.
• The 2003 changes: the Representation of the People (Amendment) Act 2003 (Act 40 of 2003), in force from 28 August 2003, made two changes [4]:
  • It removed the domicile requirement. A candidate no longer had to be a voter in the state they represent.
  • It brought in an open ballot. MLAs from a party must now show their marked ballot to the party's agent.

• Kuldip Nayar v. Union of India (2006), decided by a five-judge bench, upheld both changes [4]:

  • The Court said that "in the context of India, the principle of federalism is not territory related".
  • It said a residence rule is not an essential feature of federal constitutions. So removing it does not violate federalism as part of the basic structure (the core features of the Constitution that Parliament cannot destroy) [4].
  • It said the basic structure test is used to judge constitutional amendments, not ordinary laws like this one [4].

• The Class 11 exercise: three students, Neha, Shama and Tridib, argue for and against a second chamber. It asks the reader to judge which arguments are valid.

8. Arguments for and against a second chamber

For a second chamber	Against a second chamber
Continuity: a permanent House that is never dissolved	Delay in passing laws
Expertise: 12 nominated members and seasoned politicians	Cost to the public
Check on passing Lok Sabha majorities (its members are elected at different times)	Indirect election: voters do not choose its members
Federal voice through Art. 249 and 312	Unitary states manage well with one House

• Its real influence:
• The Rajya Sabha has defeated Constitution Amendment Bills, which cannot be saved by a joint sitting [2]:
  • in 1970, the Bill to abolish the privy purses of former princes (Twenty-fourth Amendment Bill);
  • in 1989, the Sixty-fourth and Sixty-fifth Amendment Bills.

• Disagreements on ordinary bills went to joint sittings in 1961 (Dowry Prohibition), 1978 (Banking Service Commission Repeal) and 2002 (Prevention of Terrorism) [2].

• Attempts to abolish it failed:

• Private members tried in 1971, 1972 and 1975. The Lok Sabha committee on private members' bills refused to recommend those Bills.
• It said they touched Art. 1(1). It also cited the Kesavananda Bharati (1973) ruling that Parliament cannot change the basic structure [2].

Prelims Hooks

• Art. 80: maximum 250 members (238 elected + 12 nominated). Present strength is 245 (233 + 12) [3].
• Nominated members come from literature, science, art and social service (Art. 80(3)). "Sports" is not on this list, which makes it a common trap [3].
• Rajya Sabha seats are given by the Fourth Schedule, mostly by population. It is not equal representation like the US Senate.
• Art. 249: Rajya Sabha resolution by two-thirds of members present and voting → Parliament can make laws on a State List subject for one year at a time. Used in 1952 and 1986 [2].
• Art. 312: new All-India Services need a Rajya Sabha resolution, not a Lok Sabha resolution. The Indian Forest Service came after the 1961/1965 resolutions [2].
• GoI Act 1919: Council of State (60) + Central Legislative Assembly (145) [2].
• Rajya Sabha constituted on 3 April 1952. First sitting on 13 May 1952. Named "Rajya Sabha" on 23 August 1954 [2][3].
• Kuldip Nayar v. UoI (2006): upheld the removal of the domicile rule and the open ballot for Rajya Sabha elections. The Court said federalism in India "is not territory related" [4].
• Bundesrat: 69 seats for 16 Länder. Its members are state ministers, not elected members. Each state votes as a bloc.
• Constitution (36th Amendment) Act 1975 gave Sikkim its 1 Rajya Sabha seat [3].

Mains Points

• Federal chamber or party chamber? Points in its favour:
• special powers under Art. 249 and 312;
• election by state Assemblies;
• the power to keep emergency proclamations alive when the Lok Sabha is dissolved.

Points against: - seats follow population, so big states dominate; - members vote by party; - after 2003 and Kuldip Nayar (2006), members need no link with their state.

A balanced answer: it is a revising chamber with federal features, not a true states' House like the Bundesrat.

• Reform debate:
• Bring back a domicile/residence rule.
• Give equal or minimum seats to small states, using a mix like the Bundesrat's population bands.

• Make Art. 249 resolutions need prior consultation with the states. The Constituent Assembly's Special Committee first proposed this, but it was dropped [2].

• Value of a second look: the Rajya Sabha has defeated Constitution Amendment Bills (1970, 1989). It has also forced joint sittings (1961, 1978, 2002). This is a check on passing majorities, in line with Ayyangar's aim to delay laws born of "passions of the moment" [2].

• Cost vs value: critics repeat Sieyès's line and point to delay. The Lok Sabha committee on private members' bills refused abolition Bills (1971–75), citing the basic structure. Continuity and expertise remain strong arguments for keeping the House [2].