The Constitution of India
Article 80
Composition of the Council of States
The Council of States] shall consist of —
(a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and
(b) not more than two hundred and thirty-eight representatives of the States and of the Union territories.
(2) The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:-
Literature, science, art and social service.
(4) The representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.
(5) The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe.
Why this exists
The framers wanted the Rajya Sabha to be a body representing the States (a federal check, similar to an upper house in many federations) while also being different from the directly-elected Lok Sabha. Indirect election by state assemblies was meant to reflect state interests and provide a more deliberative, less populist chamber. The 12 nominated seats were added so that eminent people in fields like literature, science, art, and social service — who might not win a direct election — could still contribute their expertise to Parliament, an idea often traced to figures like Rajya Sabha's design being inspired partly by upper houses elsewhere and Ambedkar's vision of a revising chamber.
How courts read it
Courts have mostly examined this Article in relation to nominated members' role and independence. In cases concerning nominated members contesting elections or taking political roles, courts have discussed whether nomination for expertise conflicts with subsequent party affiliation, though no landmark case has struck down or radically reinterpreted Article 80 itself. Judicial focus has instead often fallen on connected provisions, such as who counts as a 'domicile' requirement for State representation, addressed in cases like Kuldip Nayar v. Union of India (2006), where the Supreme Court upheld Parliament's power to remove the domicile requirement for Rajya Sabha candidates and validated the open ballot system for such elections.
Common misconceptions
- Myth: All Rajya Sabha members are directly elected by the public, just like Lok Sabha MPs.
Fact: Rajya Sabha members are not directly elected by citizens. Most are chosen by elected members of state legislative assemblies, and 12 are nominated by the President. - Myth: The 238 Rajya Sabha seats are a fixed permanent number for States and UTs.
Fact: Article 80(1)(b) sets a ceiling of 'not more than' 238 such seats, and actual seat allocation depends on the Fourth Schedule, which can be amended by Parliament. - Myth: Nominated members must belong to no political party and can never join one.
Fact: The Constitution doesn't bar nominated members from joining a political party after nomination, though doing so within six months can affect certain anti-defection protections.