The Rajya Sabha, also referred to as the Council of States or the Upper House, is a critical part of the Indian Constitution, governed primarily by Article 80. Recent news featured the Chandigarh Municipal Corporation approving a proposal to amend this article, aiming to allow its councillors to send a representative to the Rajya Sabha, an opportunity not yet afforded to the region.
The Proposed Bill’s Demand
A Private Member Bill introduces the proposal, which seeks to include a provision allowing the Union Territory of Chandigarh to elect a representative for the Council of States via an electoral college. This electoral body would consist of members elected to the Municipal Corporation of Chandigarh, as laid out in the Punjab Municipal Corporation (Extension to Chandigarh) Act, 1994. The bill also proposes an amendment to the Fourth Schedule of the Constitution, adding ‘Entry 32, Chandigarh’.
Basics of the Fourth Schedule
The Fourth Schedule primarily addresses the allocation of seats in the Council of States. This section delineates the number of representatives each State and Union Territory can have in the Rajya Sabha.
Chandigarh’s Current Position
Presently, Chandigarh, a Union Territory without a legislative assembly, only holds a seat in the Lower House, or Lok Sabha, wherein residents elect a Member of Parliament (MP) every five years through direct voting. Unlike Puducherry, Jammu and Kashmir, and the National Capital Territory of Delhi, Chandigarh, alongside Ladakh, Dadra and Nagar Haveli-Daman and Diu, Andaman and Nicobar Islands and Lakshadweep, does not hold representation in the Rajya Sabha.
Legal Objections
Several legal objections surface regarding the proposed bill. For one, the elected Municipal Corporation Councillors currently cannot form an electoral college to select a Rajya Sabha member, as this falls outside the Municipal Corporation’s powers. Furthermore, Chandigarh lacks both a legislative Assembly, akin to Delhi, and a metropolitan council, leading to complications in any such selection process. Lastly, extending civic body functions beyond their current scope opposes constitutional mandates for Municipal Corporations.
Procedure for Amendment Consideration
Following the civic body’s approval of the amendment, the UT Administration will forward it to the Ministry of Home Affairs. After its consideration, it will progress to the Parliament.
Insight into Private Member Bill
A Private Member is any MP who does not hold ministerial status. Such members are responsible for drafting Private Member Bills, which require a one-month notice for introduction in the House. Unlike government or public bills, Private Member bills can only be introduced and discussed on Fridays. A ballot system determines the sequence of bill introductions if multiple bills are present. The Parliamentary Committee on Private Member’s Bills and Resolutions classifies these bills based on urgency and importance, and their rejection has no bearing on parliamentary confidence in the government or its resignation. Following discussion, the bill can either be withdrawn at the request of the concerned minister or pushed forward for passage.
Last Modified: February 15, 2024