ECI Announces Rajya Sabha Biennial Elections
Why focus: Article 80 & 4th Schedule rules—core GS2 Polity, highly prone to How-Many-Correct statements on proportional representation.
In News
What Happened
Why It Matters
Background
History & Context
What Changed
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Voting Mechanism: BEFORE 2003, Rajya Sabha elections utilized a secret ballot system. NOW, an open ballot system is enforced under Section 59 of the RPA 1951, requiring party-affiliated MLAs to show their marked ballot to an authorized party agent before casting it.
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Marking Instruments: BEFORE the 2016 ECI directives, electors could potentially carry different pens, leading to disputes over distinguishing marks on ballots. NOW, electors must exclusively use the integrated violet colour sketch pen provided by the Returning Officer; using any other pen automatically invalidates the vote.
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Domicile Requirement: BEFORE 2003, a candidate contesting a Rajya Sabha seat had to be a registered elector in the specific state they sought to represent. NOW, following the amendment to Section 3 of the RPA 1951, a candidate can be a registered elector in any parliamentary constituency in India.
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Availability of NOTA: BEFORE 2018, the ECI provided the None of the Above (NOTA) option on Rajya Sabha ballot papers. NOW, following the Supreme Court judgment in Shailesh Manubhai Parmar v. ECI (2018), the NOTA option has been removed from all indirect elections, including those for the Rajya Sabha.
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Anti-Defection Applicability: BEFORE judicial clarification, parties assumed they could disqualify MLAs who cross-voted. NOW, the Supreme Court has clarified that defying a party directive in Rajya Sabha elections does not attract disqualification under the Tenth Schedule, though it remains a ground for internal party disciplinary action.
What Did NOT Change
Despite the introduction of the open ballot system, independent MLAs and those representing unrecognized political parties are still not required to show their marked ballots to anyone. Furthermore, the core constitutional mechanism of election - Proportional Representation by means of the Single Transferable Vote (PR-STV) under Article 80(4) - remains entirely unchanged.
Prelims Angle
NCERT Connection
Common Misconceptions
✗ Rajya Sabha elections are conducted using a secret ballot similar to Lok Sabha elections.
✓ Rajya Sabha elections employ an open ballot system where MLAs belonging to a political party must show their marked ballot to their party's authorized agent. Failure to do so, or showing it to a rival agent, invalidates the vote.
Almost all other major elections in India (Lok Sabha, State Assemblies, President, Vice-President) strictly use the secret ballot system, leading citizens to assume it is a universal democratic principle in India.
✗ An MLA who cross-votes against their party in a Rajya Sabha election automatically loses their assembly seat under the Anti-Defection Law.
✓ Voting against the party candidate in a Rajya Sabha election does not attract disqualification under the Tenth Schedule. The open ballot only allows the party to know who cross-voted, enabling them to expel the member from the party, but not from the legislature.
People confuse the purpose of the open ballot. Since it was introduced specifically to enforce party discipline, it is widely but incorrectly assumed that the ultimate penalty (loss of legislative membership) applies to violations.
Practice Questions
Q1
How Many CorrectConsider the following statements regarding elections to the Rajya Sabha: 1. The open ballot system for Rajya Sabha elections is explicitly mandated by Article 80 of the Constitution of India. 2. The 'None of the Above' (NOTA) option is not available to electors voting in Rajya Sabha elections. 3. An MLA voting against their party's official candidate in a Rajya Sabha election incurs immediate disqualification under the Tenth Schedule. How many of the statements given above are correct?
Q2
Match the FollowingMatch List I (Legal Provisions/Cases) with List II (Associated Electoral Rules for Rajya Sabha): List I A. Representation of the People (Amendment) Act, 2003 B. Conduct of Elections Rules, 1961 C. Shailesh Manubhai Parmar v. ECI (2018) D. Kuldip Nayar v. Union of India (2006) List II 1. Mandates the use of specific instruments like the violet sketch pen for marking ballots. 2. Removed the domicile requirement for candidates contesting Rajya Sabha elections. 3. Upholds that the open ballot system does not violate the basic structure of the Constitution. 4. Declared the NOTA option inapplicable in indirect elections like those of the Rajya Sabha. Select the correct answer using the code given below:
Q3
Assertion & ReasonAssertion (A): Independent Members of the Legislative Assembly (MLAs) voting in Rajya Sabha elections are not required to show their marked ballot papers to any authorized agent. Reason (R): The open ballot system in Rajya Sabha elections is strictly designed to enforce party discipline among members of recognized political parties, not independent members. Select the correct answer from the codes given below: