Rajya Sabha Election Process

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Why in News?

Kamal Haasan, backed by the DMK, along with three others, took oath as Rajya Sabha members from Tamil Nadu. Six members, including two from AIADMK, were elected unopposed, replacing outgoing MPs like Vaiko and Anbumani Ramadoss.

Description:

Constitutional Basis:

  • Article 80: Provides for the composition of the Rajya Sabha.
    • Maximum strength: 250 members.
      • 238: Represent States and Union Territories.
      • 12: Nominated by the President (eminent persons in art, science, literature, social service).

Election of Members:

  • Elected indirectly by the elected members of State Legislative Assemblies.
  • Nominated members of the assembly do NOT vote.
  • Union Territories (e.g. Delhi, Puducherry) with legislatures also elect members.

Voting Method:

  • Proportional Representation by Single Transferable Vote (STV).
  • Open Ballot system:
    • Introduced by 2003 amendment to the Representation of the People Act, 1951 (Section 59).
    • Party MLAs must show their vote to authorised party agents.
    • Independent MLAs cannot show their vote to anyone.

How STV Works:

  1. Quota Formula: Quota = ({Total Valid Votes} \{Seats} + 1}) + 1
  2. Preference Voting:
    1. MLAs rank candidates: 1 (most preferred), 2, 3…
    1. If a candidate secures the quota via first preference votes, they are elected.
  3. Surplus Transfer:
    1. If surplus votes remain, they’re transferred to other candidates based on next preferences.
  4. Elimination & Redistribution:
    1. If seats remain unfilled, the candidate with fewest votes is eliminated, and their votes redistributed.
    1. Exhausted votes (no valid next preference) are discarded.
  5. This process continues until all vacancies are filled.

Cross-Voting and Legal Safeguards:

  • Cross-voting has occurred (e.g., Maharashtra, 1998; UP, HP, Karnataka in 2024).
  • To curb this:
    • Open ballot voting introduced.
    • Violations (e.g., not showing to the party agent or showing to the wrong person) lead to vote invalidation.
Composition of Rajya Sabha:

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