Syllabus: GS-II, Subject: Polity, Topic: Elections, Issue: Rajya Sabha Elections
Context:
- The recent cross voting in Rajya Sabha election has raised the issue of sanctity of election
Rajya Sabha elections:
- As per Article 80 of the Constitution, the members of Legislative Assembly elect representatives of each State to the Rajya Sabha indirectly.
- Representation of the People Act, 1951 amended in 2003 introduced open ballot voting for Rajya Sabha elections to prevent cross voting.
- The Election Commission in 2017 clarified that Tenth Schedule provisions do not apply to Rajya Sabha elections.
- Parties cannot issue whips to their members for Rajya Sabha elections, and members are not bound by party instructions during these elections.
Cross-Voting refers to voting for a party one does not belong to, or for more than one party.
| +1 Advantage for Mains (Important Judgements) | |
| Kuldip Nayar versus Union of India (2006), | ·        Upheld the system of open ballot for Rajya Sabha elections.
·        An elected MLA of a political party would not face disqualification under the Tenth Schedule for voting against their party candidate. ·        Transparency in voting process reduces corruption; ·         Dissenting MLAs may face disciplinary action from their party but not disqualification. |
