Role of Rajya Sabha – An Analysis

Come the winter session of the Parliament and the debate has resurrected once again on redefining the role of Rajya Sabha keeping in view the continued disruption of the House in the previous monsoon session leading to a complete washout of the whole session. This has sent the government in a tizzy if the current session is not going to meet the same fate. As in the past, this debate seems to have engaged the attention of one and all this time also about the relevance of Finance minister, Arun Jaitely’s remark that the tyranny of minority in an indirectly elected House cannot hold a directly elected democratic House to ransom just for the heck of opposition. The stated remark of the Finance Minister in the wake of continued stalemate in the Upper House where the ruling dispensation is in minority holds significance as a number of key legislations have been stalled in the midst of this din thereby, posing a grave challenge to the credibility of the Government insofar as its ability to push through its legislative agenda is concerned.

All eyes were set on the Modi Government when it came to power with such a massive mandate in its kitty that Government’s election rhetoric of “Ache-Din” would soon turn out to be a reality, but for Rajya Sabha, the government seems to be driven on the back foot every time.

In the wake of this gridlock in the Rajya Sabha which has virtually made the government infructious and paralyzed in consequence of a complete wastage of one session and the same danger is lurking over the current session unless, the opposition comes to its senses. It has not only sent a wrong signal to the international community, but has also severely dented government’s image in their eyes about government’s commitment to pursue some of the highly awaited good governance initiatives especially ensuring ease of doing business in the country. The result being, the economic development of the country would suffer and consequently, the welfare of the people.

Here in this context, the smoldering debate on revisiting Rajya Sabha’s role in a democracy seems to be necessary fallout.

Nevertheless, before we indulge into the nitty gritty of this debate, it becomes pertinent to first of all know about the utility of an Upper Chamber in a federation.

According to our Constitution makers, the Rajya Sabha was supposed to perform some of the following three important functions in India.

Firstly, it was envisaged to serve as a forum to which seasoned and experienced public men might get access without undergoing the din and bustle of a highly competitive general election which is inevitable to find a seat in the Lok Sabha. In fact, the idea was to enable the senior public men finding their way to Rajya Sabha and hence applying their mature judgment and wisdom towards solving the problems confronting the country. In this sense and as contemplated by the founding fathers that the utility of Rajya Sabha would lie in the talent, experience and knowledge which it can harness to the service of the country which might be lost otherwise. Unfortunately, in none of the directions, the Rajya Sabha has fulfilled its mandate of late and the hope of the makers has been belied completely. Had the Rajya Sabha members been cognizant of their envisaged role they would have certainly rose to the occasion; above party politics and lent their unequivocal support to the government’s highly useful economic legislative programme.

Secondly, It was also envisaged to serve/ act as a debating chamber in which dignified debates are to be held on various issues confronting the country. Simultaneously, it was also contemplated that it would act as a revising chamber over Lok Sabha. As the Lok Sabha being a popularly elected House, it could easily sway to act hastily under public pressure or under the heat of passion of the moment and the second house would act as a kind of heat absorber. In this respect, the Rajya Sabha did have served its purpose ever since its existence whenever the ruling dispensation sought to pursue its legislative agenda to fulfill its poll promises aiming at the appeasement of a particular section of the society just by the force of its brute majority. To this extent, the Rajya Sabha’s role is laudable and justified. But what about its unwarranted opposition under the instances which showcase its intention merely to embarrass the government even though the initiative is/are in the larger public interest or the interest of the country? GST bill can be a point in case

Thirdly, As in any other federation, so does in India, the creation of an upper chamber was a virtual necessity on account of India’s being constituted as a federation which inevitably required a chamber in which states are to be represented for articulating their interest. In this regard also, the Rajya Sabha has been serving no purpose; a phenomenon that becomes true to all the federations today, for the members of the upper chamber today votes no more on the state lines, but on party lines due to the emergence of strong party discipline and representing more of a national interest than a regional interest.

On the basis of above considerations, it appears that Rajya Sabha has remained far removed from its original envisaged role, it may not be inappropriate to argue that its role, structure and composition may be reviewed sans its complete its abrogation so as to make it more democratic and relevant in the changing context of the governance lest it should become an “indefensible anachronism” as was being alluded to House of Lords of the British Parliament until it was made more democratic in the recent past by redefining its role in the form of effectively curtailing its powers in the legislative process of the country.

Notwithstanding the very nature and purpose of Indian Rajya Sabha, the government’s contention to have a revisit on its role is justified to the extent that being an indirectly elected and partly nominated House, it cannot bulldoze a popularly elected House which not only carries the mandate of the people at its back and thus is in sync with the democratic principles, but the responsibility of the government also lies to this house only insofar as the cardinal principle of Parliamentary democracy is concerned. Being responsible to the popularly elected House, the government certainly has some obligations to be redeemed towards the people. Isn’t a kind of betrayal of the popular mandate and hence democracy, if the government is handicapped to carryout its articulated political or legislative agenda to fruition which apparently has people’s backing?

This probably is the reason that the powers of the House of Lords have been substantially curtailed in the recent past and so did that of the Senate of Canadian Parliament.

On account of this undemocratic and an unduly dilatory character of Rajya Sabha, Indian parliament even went on to discuss a private Member’ resolutions for the abolition of Rajya Sabha way back in the Year 1973 (March 30) although, then the general view prevailed in favour of its retention…..

By: Pritam Sharma