Rajya Sabha Election Process and Related Issues

Context

Recently, Rajya Sabha elections were held in Jammu and Kashmir, the first after the abrogation of Article 370. In these elections, the National Conference (NC) won three of the four seats, while the Bharatiya Janata Party (BJP) registered an unexpected victory in the fourth.

Rajya Sabha Election Process: An Analysis

The Rajya Sabha, known as the "Upper House," is the permanent house of the Indian Parliament. It has a total membership of 245, of which 233 are elected from the states and union territories, and 12 are nominated by the President.

Key Points

• Basis of Election: Members of the Rajya Sabha are not directly elected by the people, but are elected by the elected members of the state legislative assemblies.
• Voting Process: Each MLA ranks the candidates of their choice in order of preference (1, 2, 3, etc.).
• System: The election is conducted on the principle of proportional representation through the Single Transferable Vote system.
  • Each MLA's vote has a single value (1), and the number of votes required to win (quota) is determined by the following formula:
    • Quota = [Total Votes / (Number of Seats + 1)] + 1
  • Example: In Jammu and Kashmir, with 87 MLAs, the quota for four seats = [87 / (4 + 1)] + 1 = 18.4, rounded to 19.
    • If a candidate achieves this quota, they are declared victorious.
    • If no candidate achieves the quota, the candidate with the lowest number of votes is eliminated, and their votes are transferred to other candidates based on second preference.
• Open voting: Rajya Sabha elections were conducted by secret ballot before 2003, but an amendment to the Representation of the People Act in 2003 introduced the open voting system.
  • This system helps prevent cross-voting, but instances of cross-voting were reported in the recent Jammu and Kashmir elections.
• Vacancy situation: If a seat falls vacant, a by-election is held for the remainder of the term.

Jammu and Kashmir Rajya Sabha Elections

• A total of 87 MLAs of the Jammu and Kashmir Assembly voted.
• The BJP had 28 MLAs, but its winning candidate, Sat Sharma, received 32 votes.
• In addition to the BJP, Mohammad Ramzan, Sajjad Ahmed Kichloo, and Gurvinder Singh Oberoi of the NC Party also won.
• This result points to new equations and secret alliances in regional politics.

Role of the Election Commission

The Election Commission of India oversees the entire process of Rajya Sabha elections.

The main roles are as follows:

• Declaration of elections: The Commission announces the election dates and procedure.
• Nomination and verification: Candidates' nomination papers are scrutinized.
• Oversight of voting and counting: The Commission ensures that voting is conducted in a confidential and fair manner.
• Monitoring cross-voting and irregularities: If an MLA from a party votes against the party line, the Commission may investigate.
• Declaration of results: The Commission declares the final results and issues certificates to the winning candidates.

Conclusion

Rajya Sabha elections are a crucial part of India's democracy, bringing the voices of the states to the national Parliament. The recent elections in Jammu and Kashmir are proof that political balance and coalition politics play a decisive role in the composition of the Rajya Sabha. The impartiality and transparency of the Election Commission are key pillars of the credibility of this process.