Analyzing the Strategies to Strengthen the Legislative Authority and Influence of The Rajya Sabha

Objective:

The primary objective of this research is to critically analyze the legislative authority and influence of the Rajya Sabha within the evolving political dynamics of contemporary India.

1. Assess the Structural and Procedural Constraints: The study aims to evaluate the current structural and procedural limitations that reduce the Rajya Sabha’s effectiveness in contributing to legislative processes. These constraints include constitutional boundaries, political practices, and procedural challenges that limit its role as a powerful legislative entity.

(Article 109 of the Indian Constitution mandates that money bills can only be introduced in the Lok Sabha, and the Rajya Sabha has no power to reject or amend them. This significantly reduces the Rajya Sabha’s influence on fiscal matters, which are critical to national governance. This limitation is exacerbated by the fact that many key policies and reforms in areas such as taxation and welfare programs are implemented through financial legislation. Recently Kerala vs. Center Budget Battle went in Supreme Court and it dragged attention of nation.)

2. Examine Historical and Political Contexts: By reviewing the historical evolution of the Rajya Sabha, the research will examine how shifting political trends, such as the dominance of regional parties and coalition governments, have influenced its role. This will also involve studying significant legislative milestones where the Rajya Sabha played a crucial role or was constrained by political factors.

(After inception of constitution, Congress ruled in states and center for decades. The importance of Rajya Sabha was relatively subdued. The Congress party’s dominance began to wane after the 1967 general elections, where it lost several key state assemblies. This opened up space for opposition parties to assert their influence, especially in the Rajya Sabha, where members are elected by the state legislatures. The political landscape further shifted in the 1990s with the emergence of coalition governments at the center. In a fragmented political system, the Rajya Sabha played a more significant role in ensuring that diverse political voices could influence national legislation. When the Congress party was out of power at the center, particularly during the periods of Janata Party (1977-1980) and BJP-led NDA rule (1998-present), the Rajya Sabha became a platform for the opposition to exert influence over government policy.)

3. Identify Challenges Hindering Influence: This research will identify specific political, institutional, and practical challenges that have emerged due to the increasing centralization of political power and the shift in governance paradigms. These challenges may include the declining relevance of deliberation in the Rajya Sabha, marginalization in the legislative process, and difficulties in upholding state interests.

(The increasing dominance of the executive and the ruling party’s emphasis on swift decision-making often bypasses the Rajya Sabha’s role as a deliberative body. As the central government becomes more powerful, legislative debates in the Rajya Sabha are often sidelined in favor of expedient decision-making, reducing the importance of in-depth discussions and scrutiny of policies. The upper house’s primary role is to represent the interests of states in national policymaking. However, with increasing centralization, state interests are often overshadowed by the national government’s priorities. The inability of the Rajya Sabha to effectively influence decisions that affect states undermines its constitutional mandate as the Council of States.

4. Propose Strategic Reforms: A critical part of the research objective is to propose strategies to enhance the Rajya Sabha’s legislative influence. This could involve constitutional amendments, procedural reforms, or policy recommendations that redefine the house’s role in India’s bicameral system. These strategies will aim to balance the house’s consultative and federal responsibilities with legislative efficiency.

(To address this imbalance, a constitutional amendment could be introduced to grant the Rajya Sabha a greater role in scrutinizing money bills, particularly those related to taxation and budgetary allocations. The amendment could give the Rajya Sabha the power to propose amendments to money bills, which would need to be reconsidered by the Lok Sabha.

The Rajya Sabha’s mandate to represent the states can be enhanced by constitutionally mandating greater consultation between the Union and states on policy matters that affect federal relations. This can be achieved by introducing a clause requiring the Rajya Sabha’s approval on laws directly impacting state governments, particularly in areas of concurrent jurisdiction, such as education, health, and agriculture.)

5. Strengthen Cooperative Federalism: The study will explore how enhancing the Rajya Sabha’s role could contribute to a more balanced federal system in India. This involves assessing how a stronger upper house could act as a safeguard against central overreach and ensure that regional interests are adequately represented in national policymaking.

(A more empowered Rajya Sabha would allow states to advocate for regional policies and development plans that align with their unique needs. For example, resource-rich but underdeveloped states could push for policies that promote sustainable development while maintaining their cultural and environmental integrity.

6. Evaluate Long-Term Implications: Finally, the research will evaluate the potential long-term impacts of strengthening the Rajya Sabha on the balance of power between the center and state governments. It will analyze how increased authority for the Rajya Sabha could contribute to democratic resilience, policy innovation, and improved legislative oversight in India’s evolving political landscape.

(With a stronger Rajya Sabha, states can advocate for policies that address specific regional challenges. For example, drought-prone states could push for better water conservation policies, while industrialized states could focus on environmental sustainability. Such innovation would ensure that national policies are adaptable to local contexts, leading to more effective governance.

By fulfilling these objectives, the research will contribute to a deeper understanding of the Rajya Sabha’s place in India’s federal structure and offer practical recommendations to enhance its legislative efficacy.)

 

Proposals:

 

1.      Proposal for Gridlock on the Bills & Political Maneuvering:

Any current composition of the Rajya Sabha does not reflect the latest voter preferences expressed through direct elections for state or central legislatures. The lack of legitimacy of the Rajya Sabha, if any, comes from concerns about its performance and from the time-lag disconnect between its composition and voter preferences. In this way, LokSabha is years ahead and sync with the mood of the nation.

In the era of rapid pace of globalization, overnight geopolitics implications and economy oriented growth aspirations, the need for quick policymaking in India has become increasingly crucial. The Rajya Sabha often has a different political composition than the Lok Sabha, leading to gridlock or delays, especially when there is no majority consensus. The Modi government’s decision to push the Bankruptcy Code as a ‘money’ bill is a bright example of it.

1. State Representation: The term in the Rajya Sabha be directly linked to the life of the Vidhan Sabha that elects the member. If a Vidhan Sabha is dissolved and a new one is elected, then new Rajya Sabha members, will need to be elected. It will help to sync the mood of the states with Rajya Sabha.
2. Reforming the Rajya Sabha’s Legislative Process: Introduce time-bound debates for specific types of legislation, particularly those related to national interest, economic reforms, trade or policies to ensure quicker decision-making. Certain bills, especially those with significant economic implications or related to international commitments, could be given Priority Legislation Status to expedite their passage through the Rajya Sabha.

• Leveraging Technology for Legislative Efficiency: Utilize digital platforms for broader consultation and feedback during the legislative process, ensuring diverse viewpoints are considered without extensive in-person debates. Data-Driven Decision Making: Promote the use of data analytics and technology to inform policy decisions, ensuring more precise and quicker responses to emerging national/ global trends.

1. Delayed policy responses can result in missed opportunities for foreign investments, reduced Global Competitiveness & negatively impacting economic growth. Slow adaptation to global changes can diminish India’s competitive edge on international platform.

2.      Proposal for Balancing Federal Representation & Population-Based Adjustments:

 

US Senate where each state, irrespective of its size, GDP or population, has two members each i.e. equal representation.

In India, Certain states may even have more representatives than states more populous than them, because in past they too had high population. For example, Tamil Nadu has 18 representatives for 72 million inhabitants (in 2011) whereas Bihar (104 million) and West Bengal (91 million) only have 16. In 2026, for instance, Bihar and Uttar Pradesh alone stand to gain 21 seats while Kerala and Tamil Nadu would forfeit as many as 16 in Lok Sabha. And in this case to strengthen the balance of federal representation in Rajya Sabha will become crucial.

A large population can hinder economic growth due to strains on resources and infrastructure; while on the other hand, it can enhance political power for states, especially within a democratic setup like India. South Indian states with higher levels of education and economic development tend to have lower fertility rates and smaller family sizes which are good to prosper the nation but not good for the political influence of the state. States with larger populations can use their significant representation to negotiate better deals or more favorable policies from the central government.

As the members are elected by the state legislature, some small union territories, those without legislatures, cannot have representation. Hence, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Ladakh and Lakshadweep do not send any representatives.

The Rajya Sabha should introduce new procedural rules that strengthen the role of state representatives, such as chief ministers, in legislative debates. Periodic sessions could be convened where state leaders address the Rajya Sabha on issues that directly affect their regions, fostering more meaningful participation in national policy discussions.

Ensuring greater representation for Union Territories and smaller states in the Rajya Sabha can further strengthen its federal character. Special provisions could be made to ensure these regions have an adequate voice in national policymaking.

1. Dual Criteria & Weightage System for Representation: Introduce a dual-criteria model for seat allocation where a fixed number of seats is based on equal state representation, and additional seats are allocated based on population size. This hybrid model would protect the interests of smaller states while adjusting for population changes.
2. Implement a weighted voting system where each Rajya Sabha member’s vote has a different weight based on the mandatory state representation weightage with additional low weightage of population they represent. This ensures that more populous states have a proportionally larger say in legislative matters but it will not demotivate the states who have low or close to replacement level fertility rate.

• Minimum Representation for All States and UTs: To ensure that all states and Union Territories, regardless of their size, have a voice in the Rajya Sabha, a policy could be implemented that guarantees a minimum representation for every state and UT. Appoint representatives to the Rajya Sabha for UTs without legislatures. These representatives would be nominated based on expertise and understanding of the UT’s issues. Or we can implement a rotational system where different UTs are represented in the Rajya Sabha at different times, ensuring that all UTs eventually have a voice without significantly increasing the total number of seats.

3.      A Standing Committee to strengthen Cooperative Fiscal Federalism

One of the most effective ways to enhance the Rajya Sabha’s legislative influence is to empower its parliamentary committees. Committees focusing on finance, governance, and state issues should be given greater autonomy and resources to conduct in-depth research and scrutiny of bills. Additionally, these committees should have the authority to propose binding recommendations that the government must consider.

For significant bills that affect the federal structure or state interests, a supermajority (two-thirds) in both houses should be required. This would ensure that legislation passed reflects a broader consensus, involving not just the ruling party but also regional representatives. This procedural change would restore the Rajya Sabha’s importance in the legislative process, particularly in protecting state interests.

1. Establishing a standing committee in the Rajya Sabha to strengthen cooperative Fiscal Federalism and reduce financial and policy conflicts between the center and states is crucial for addressing several key issues:

• The committee would provide a platform for ongoing dialogue between the center and states, ensuring that states’ concerns are addressed while creating national policies that consider diverse regional interests.
• By mediating financial and policy disputes, the committee would help resolve conflicts between the center and states, creating a more harmonious and efficient governance structure.
• Evaluation of State Freebies: The committee should review the growing trend of states offering freebies, evaluating their financial impact and sustainability. It would assess the risk associated with states engaging in excessive freebies and unproductive expenditures, ensuring that state finances remain balanced and responsible.
• Addressing State Tactics for Loans: To curb the gray tactics employed by states, such as pressuring Public Sector Undertakings (PSUs) to take loans on their behalf, the committee could recommend stricter financial regulations and transparency requirements. This would prevent states from bypassing fiscal responsibility by using indirect borrowing methods that increase public debt without accountability.
• Enhanced Fiscal Federalism: The committee would play a pivotal role in reviewing issues like revenue sharing, GST distribution, and fiscal policies to ensure equitable and sustainable financial relations between the center and states.
• Risk Management of Freebies and Loans: The committee should monitor the financial risks associated with both freebies and states’ increasing reliance on loans, directly or through PSUs. By analyzing the long-term fiscal health of states, it could offer policy recommendations that discourage risky borrowing practices and promote productivity-driven governance.
• Regular Consultation: Ongoing consultations between the center and states would ensure transparency in decision-making, preventing unilateral actions by the center or states that could lead to conflicts or financial mismanagement.
• Better Policy Coordination: The committee would help align national policies with regional interests, minimizing friction in implementation and ensuring a cohesive, productive approach to governance across all states.

4.      Representation of qualified,  professionals and people with proven expertise:

A stronger Rajya Sabha could mediate disputes between the Union and states by fostering discussions on contentious federal issues such as revenue-sharing, allocation of resources, and legislative powers. It could help reconcile differences and provide constitutional remedies through legislative intervention, thus acting as a stabilizing force within the federal system.

As the upper house, the Rajya Sabha should be a space for more measured and informed debate. Enhancing its role would provide the necessary time and focus for examining the long-term impacts of legislation on the federal balance, ensuring that the interests of states are not sidelined in favor of short-term political gains.

With representatives from different regions and political parties, the Rajya Sabha can foster greater collaboration across party lines. Strengthening its deliberative role can promote bipartisanship, especially on issues that transcend political divides, such as regional development, disaster management, and environmental sustainability.)

1. Cancel the 2003 amendment to the Rajya Sabha membership requirements and restore the domicile requirement, it would significantly impact the real representation of states in the Rajya Sabha and reduce the political opportunism.
2. Ensure professionals’ representation: Benefits of professionals’ representatives:

• Expert Policy Making: like economics, law, public health, education, science, agriculture, and technology ensures that the policies are well-informed, evidence-based, and capable of addressing complex challenges.
• Diverse Perspective: Their insights ensure that policies cater to the needs of various sectors and are not limited to political considerations.
• Checks and Balances: Rajya Sabha acts as a revising chamber, reviewing and suggesting amendments to bills passed by the Lok Sabha. Expert members can analyze bills more critically, ensuring that laws are practical, efficient, and in public interest.
• Long-Term Vision: Professionals often have a long-term perspective in their fields, focusing on sustainability and the future impact of decisions.
• Guidance on Technical Issues: Complex areas like finance, defense, technology, and environmental issues require specialized knowledge. Experts in these areas can guide discussions, ensuring informed debate and decision-making in the Rajya Sabha.
• Strengthenin Democracy: A more informed and specialized representation adds depth to the democratic process. It helps bridge the gap between political decision-making and the technical expertise needed for a country’s development.

 

5.      To make the Special Mention procedure more valuable in the Rajya Sabha

From valuable special mention, several areas can be improved to enhance its impact and ensure more effective utilization. Here are suggestions for improvement:

1. Structured Follow-up Mechanism:

• Current Issue: Often, Special Mentions do not result in concrete actions or follow-up.
• Improvement: Establish a mandatory follow-up mechanism where concerned ministries or departments must respond within a stipulated time frame, outlining actions taken or justifying inaction. This ensures accountability and adds weight to the issues raised.

 

1. Increased Floor Time and Debate Opportunity:

• Current Issue: Limited time is allocated to Special Mentions, reducing the opportunity for substantial debate.
• Improvement: Allocate more time during sessions for discussing Special Mentions or allow extended debate on particularly critical or national interest issues raised under this procedure. This can turn Special Mentions into a powerful tool for bringing urgent matters to the forefront.

1. Categorization of Issues:

• Current Issue: Special Mentions cover a broad range of topics, but without clear categorization, it can be challenging to prioritize issues.
• Improvement: Implement a system that categorizes Special Mentions based on the level of urgency, national significance, or regional impact. Issues with higher relevance could be prioritized for discussion, ensuring they receive appropriate attention.

1. Integration with Parliamentary Committees:

• Current Issue: Special Mentions are often treated as isolated concerns without integrating them into the larger legislative process.
• Improvement: Special Mentions could be referred to relevant standing or select committees for detailed examination and follow-up. This would allow for deeper investigation and policy recommendations, making the process more outcome-oriented.

1. Encourage Collaboration Between MPs:

• Current Issue: Many Special Mentions are raised individually, and sometimes multiple MPs raise similar issues without coordination.
• Improvement: Encourage collaboration among MPs on similar concerns. Joint Special Mentions from multiple members on pressing national issues can amplify the significance and increase the likelihood of government action.

1. Improved Record and Analysis:

• Current Issue: Limited analysis of the effectiveness of Special Mentions exists, making it hard to assess their long-term impact.
• Improvement: Regularly publish reports on the success rate of Special Mentions, including follow-up actions taken by the government. A performance audit of the Special Mentions procedure can provide insights into areas of improvement.

 

By- Shivesh Pratap Singh