On cross-voting in Rajya Sabha elections | Explained

La Excellence IAS Academy

On cross-voting in Rajya Sabha elections | Explained

Current Affairs Daily Editorials

La Excellence IAS Academy | March 1, 2024 | Indian Polity

Syllabus: GS-II, Subject: Polity, Topic: Elections, Issue: Rajya Sabha Elections


  • 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.

Leave a Reply