Question 1

Rajya Sabha elections are conducted using a secret ballot similar to Lok Sabha elections.

Accepted Answer

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.

Question 2

An MLA who cross-votes against their party in a Rajya Sabha election automatically loses their assembly seat under the Anti-Defection Law.

Accepted Answer

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.

Question 3

Consider 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?

Accepted Answer

(a) Only one — Statement 1 is incorrect: The open ballot system was introduced via a 2003 amendment to the Representation of the People Act, 1951, not the Constitution. Article 80 only mandates Proportional Representation by Single Transferable Vote. Statement 2 is correct: The Supreme Court struck down the use of NOTA in Rajya Sabha elections in 2018 (Shailesh Manubhai Parmar case). Statement 3 is incorrect: The Supreme Court ruled in the Kuldip Nayar case (2006) that cross-voting in Rajya Sabha elections does not attract disqualification under the Tenth Schedule. Thus, only one statement is correct.

Question 4

Match 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:

Accepted Answer

(a) A-2, B-1, C-4, D-3 — A matches 2: The RPA Amendment of 2003 removed the domicile requirement (Section 3) and introduced the open ballot (Section 59). B matches 1: Rule 73 of the Conduct of Elections Rules, 1961 governs the validity of ballot papers and allows the ECI to mandate specific marking instruments like the violet sketch pen. C matches 4: The 2018 Supreme Court judgment explicitly removed NOTA from indirect elections. D matches 3: The 2006 Supreme Court judgment upheld both the open ballot system and the removal of the domicile requirement.

Question 5

Assertion (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:

Accepted Answer

(a) Both A and R are correct and R is the correct explanation of A. — The open ballot system requires an MLA belonging to a political party to show their ballot to the authorized agent of that specific party to prevent cross-voting. Since independent MLAs do not belong to any political party, they have no authorized agent to show their ballot to, making the assertion (A) correct. The reason (R) is also correct and accurately explains the assertion, as the system's legal intent is entirely focused on maintaining party discipline among affiliated members.

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