Article 80 of the Indian Constitution deals with the composition of the Council of States, known as Rajya Sabha. It outlines how the members of this upper house of Parliament are to be elected and nominated. Clause (1) of Article 80 specifies that the Rajya Sabha shall consist of not more than 238 representatives of the States and of the Union territories, and 12 members to be nominated by the President.
It is this nominated category of 12 members that is further elaborated by Article 80(3). This clause precisely defines the qualifications or criteria that these nominated members must possess, ensuring that persons of eminence and expertise from various fields contribute to the legislative process.
Original Text
(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:— Literature, science, art and social service.
Detailed Explanation
Article 80(3) lays down the specific criteria for the selection of the twelve members who are nominated by the President to the Rajya Sabha. These members are distinct from the elected representatives of the States and Union Territories. The primary objective behind this provision is to ensure that the Rajya Sabha is not merely a body representing the political will of the states and union territories, but also includes individuals of high repute and expertise from diverse, non-political fields.
The clause specifies four distinct categories from which these nominations are to be made: literature, science, art, and social service. The individuals nominated must have “special knowledge or practical experience” in one or more of these fields. This implies that they should have made significant contributions or achieved recognition in their respective domains. The phrase “such matters as the following” indicates that while these are the primary areas, the underlying principle is to bring in expertise from fields outside conventional politics that can enrich parliamentary deliberations. However, in practice, nominations are strictly confined to these four categories.
The President, in nominating these members, acts on the aid and advice of the Council of Ministers, as is the case with most of the President’s powers under the Constitution. This means the government of the day ultimately decides who is nominated, subject to the criteria specified in Article 80(3). The inclusion of such nominated members is intended to bring different perspectives, specialized knowledge, and practical experience into the parliamentary process, particularly during debates on complex issues related to these fields where elected representatives might lack the necessary expertise.
Detailed Notes
- Scope: Defines the qualification criteria for the 12 members nominated by the President to the Rajya Sabha under Article 80(1)(a).
- Purpose: To ensure the inclusion of distinguished personalities from non-political spheres in the Parliament.
- Criteria: Nominated members must have “special knowledge or practical experience” in specific fields.
- Specified Fields: The Constitution explicitly lists the following four fields:
- Literature
- Science
- Art
- Social Service
- Interpretation: The phrase “such matters as the following” refers specifically to the listed fields, not a broader, open-ended list.
- Nominating Authority: The President of India nominates these members.
- President’s Role: The President exercises this power on the aid and advice of the Union Council of Ministers (as per Article 74).
- Term: Nominated members have a term of six years, similar to elected members of the Rajya Sabha, with one-third retiring every two years.
- Rights: Nominated members have almost the same rights as elected members in the Rajya Sabha, including the right to participate in debates and vote.
- Restriction: Nominated members cannot vote in the election of the President (Article 54 and 55). However, they can vote in the election of the Vice-President (Article 66).
- Significance: Aims to bring expertise, diverse perspectives, and intellectual contributions to the legislative process.
- Distinction: Different from elected members who represent states/UTs and are chosen based on political representation.
Additional Comments
- The concept of nominated members is inspired by the practice in the Irish Senate, which also includes members nominated for their special knowledge or practical experience.
- The inclusion of experts is intended to enhance the quality of parliamentary debates and legislation, particularly on technical or specialized subjects.
- While the ideal is to nominate apolitical experts, the process, being guided by the Council of Ministers’ advice, is sometimes criticized for being influenced by political considerations or used for patronage.
- The categories mentioned are quite broad, allowing for interpretation in selecting individuals who have excelled in various aspects within these fields. ‘Social Service’, for instance, can encompass a wide range of activities aimed at community welfare or social upliftment.
- Nominated members can join a political party within six months of taking their seat; failing to do so or joining after six months can lead to disqualification under the Tenth Schedule (Anti-Defection Law).
Summary
Article 80(3) of the Indian Constitution mandates that the 12 members nominated by the President to the Rajya Sabha under Article 80(1)(a) must be individuals possessing special knowledge or practical experience in the fields of literature, science, art, and social service. This provision aims to enrich the composition and functioning of the Rajya Sabha by incorporating expertise and diverse perspectives from outside the realm of electoral politics. The President makes these nominations based on the advice of the Council of Ministers. These members serve a term of six years and participate fully in the proceedings of the House, except for voting in the Presidential election.