History & Civics

The Supreme Court, on March 4, 2024, said the elections to the Rajya Sabha and Council of States required "utmost protection" and the right to vote should be carried out freely without fear of persecution.

With reference to the above statement, answer the following:

(a) Analyse why the Supreme Court emphasised "utmost protection" for elections to the Rajya Sabha.

(b) Mention one exclusive power of the Rajya Sabha, which makes it different from the powers of Lok Sabha.

Union Parliament

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Answer

(a) The Supreme Court’s emphasis on "utmost protection" for Rajya Sabha elections arises from several key concerns tied to the integrity of India’s democratic process:

  1. Indirect Nature of Elections: Rajya Sabha members are elected by elected MLAs, not the general public. This layer of separation makes the process more vulnerable to manipulation, such as coercion, horse-trading, or bribery.

  2. Risk of Undue Influence: In the past, allegations have surfaced about money power, threats, or misuse of official machinery in influencing MLAs during these elections. Ensuring "utmost protection" helps guard against such distortions.

  3. Free and Fearless Voting: The Court highlighted that voting should happen without fear of persecution, suggesting concerns about reprisals or political pressure on legislators. Ensuring secrecy and independence in voting is essential for fair representation.

  4. Preserving Constitutional Morality: As an institution meant to represent states and function as a check on the Lok Sabha, the Rajya Sabha must reflect genuine federal and democratic values. Protecting its electoral process is critical to preserving the spirit of the Constitution.

(b) When the Rajya Sabha passes a resolution by two-thirds majority that a subject in the State list has assumed national importance, then Parliament can make laws on that subject.

This power makes the Rajya Sabha significant in matters of federal governance and national interest, something that the Lok Sabha cannot initiate independently.

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