The Rajya Sabha, an important component of the Indian Parliament, includes nominated members whose purpose and historical rationale are rooted in the vision of the Constitution Drafting Committee.
Recent Nominations
The government recently nominated four individuals of eminence to the Rajya Sabha, filling vacancies caused by the retirement of previous nominated members. These include:
- Shri Ujjwal Deorao Nikam: Special Public Prosecutor in the 26/11 Mumbai terror attacks case.
- Shri C. Sadanandan Master: A Kerala BJP leader.
- Shri Harsh Vardhan Shringla: A former foreign secretary and retired diplomat.
- Dr. Meenakshi Jain: A historian.
Fundamental Purpose and Historical Rationale
- Contribution from Eminent Individuals: The primary purpose of nominated seats was to allow eminent individuals who might not be actively involved in the “thickest of the political fray” to contribute to parliamentary debates.
- Adding Learning and Importance: N. Gopalaswami Ayyangar, a member of the Constitution Drafting Committee, explained that this provision offers an opportunity for “seasoned people” to participate with a level of “learning and importance” not typically associated with the Lok Sabha.
- Specific Expertise: The intention was to bring in persons with special knowledge or practical experience in specific fields.
Constitutional Provisions for Nomination
- President’s Power: Article 80(1)(a) of the Constitution, read with clause (3) of that article, confers the power to nominate members to the Council of States (Rajya Sabha) on the President of India.
- Number of Nominated Members: The Rajya Sabha consists of twelve members nominated by the President. This is out of a total of 245 members, with the remaining 233 being representatives of the States and Union territories.
- Qualifications for Nomination: Clause 3 of Article 80 specifies that nominated members must be persons having special knowledge or practical experience in matters such as:
- Literature
- Science
- Art
- Social service
Powers and Privileges of Nominated Members
- Equal Standing: Nominated members enjoy all the powers and privileges to which elected Members of Parliament are entitled.
- Participation in House Proceedings: They can take part in the proceedings of the House in the normal manner.
- Joining Political Parties: A nominated member is allowed to join a political party within six months of taking their seat in the House.
- Voting Rights:
- They are not allowed to vote in the election of the President.
- However, they do have the right to vote in the election of the Vice-President.
Erosion of the Original Ideal
- Over time, the “high ideal of the nomination came to be eroded”.
- Ruling dispensations have reportedly used the nominated category for purposes beyond its original intent, such as:
- Shoring up their numbers in the House.
- Dispensing favours.
Facilitating the entry of preferred individuals into Parliament.