Context: BJD MLAs in Odisha cross-voted in a recent Rajya Sabha election and challenged party show-cause notices as illegal and arbitrary.
Key Facts:
- Nature of Election: Rajya Sabha members are elected by MLAs through proportional representation (Single Transferable Voting) system
- Voting Type: Open ballot system (MLAs show vote to authorised party agent)
- Whip Issue: Political parties cannot legally compel voting in Rajya Sabha elections like in legislative votes (disputed area)
- Undue Influence: Forcing voting preference may attract provisions related to undue influence in elections (BNS/earlier IPC Sec 171)
- Anti-Defection Law: Tenth Schedule generally not applicable to Rajya Sabha elections (not a House vote)
- SC Judgment: Kuldip Nayar (2006) upheld open ballot and held that Rajya Sabha elections are an electoral process, not legislative voting thereby limiting strict application of party whip and anti-defection provisions.
- Implication: Cross-voting may invite party disciplinary action, but not automatic disqualification
La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2026 preparation.
FOLLOW US ON:
â—‰ YouTube : https://www.youtube.com/@CivilsPrepTeam
â—‰ Facebook: https://www.facebook.com/LaExcellenceIAS
â—‰ Instagram: https://www.instagram.com/laexcellenceiasacademy/
GET IN TOUCH:
Contact us at info@laex.in, https://laex.in/contact-us/
or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140
OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020
Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524, Rangareddy Hyderabad, Telangana 500081
Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040