The Rajya Sabha is constituted under Articles 80, 83, and 84 of the Constitution. It represents the States and the Union Territories. As of May 2026, it has up to 250 members — 238 elected by State Legislative Assemblies (using Single Transferable Vote) and 12 nominated by the President. Unlike the Lok Sabha, the Rajya Sabha is a continuing chamber — it is not subject to dissolution and one-third of its members retire every two years. The Rajya Sabha's constitutional powers fall into three categories: equal with the Lok Sabha, special (exclusive to the Rajya Sabha), and limited (recommendatory only, mainly in financial matters). Hold this taxonomy carefully — the 2020 Prelims tested it directly.
Composition — 238 elected plus 12 nominated
Article 80 sets out the composition of the Rajya Sabha. The maximum strength is 250 — Article 80(1)(b) provides for up to 238 elected members representing the States and Union Territories, and Articles 80(1)(a) and 80(3) provide for 12 members nominated by the President.
Elected members are chosen by the elected members of the State Legislative Assemblies, using the system of proportional representation by means of the single transferable vote. The number of seats allocated to each State is in the Fourth Schedule, based on the State's population. Larger States like Uttar Pradesh, Maharashtra, and Tamil Nadu have more seats than smaller States like Sikkim and Goa. The allocation gives weightage to less populous States — one seat per million for the first five million, and one seat per two million thereafter.
The Union Territories of Delhi and Puducherry have elected representation. Other Union Territories — Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Lakshadweep, Andaman and Nicobar Islands, Ladakh — do not have Rajya Sabha representation. The Union Territory of Jammu and Kashmir, after the 2019 reorganisation, has Rajya Sabha representation by Parliamentary law.
Nominated members are appointed by the President under Article 80(1)(a). They must have "special knowledge or practical experience in respect of such matters as the following, namely: literature, science, art and social service." The 12 nominated members serve a six-year term and have all the rights and privileges of elected members — except they cannot vote in the election of the President under Article 54.
The term of every Rajya Sabha member is six years. One-third of members retire every two years and elections are held to fill the resulting vacancies. This staggered retirement is what makes the Rajya Sabha a continuing chamber.
Equal powers — where Rajya Sabha matches Lok Sabha
The Rajya Sabha has equal power with the Lok Sabha in several areas.
Ordinary legislation. An ordinary Bill must be passed by both Houses in identical form. Both can introduce, amend, and reject. Disagreement is resolved through joint sitting under Article 108 — but the joint sitting itself reflects formal equality. The fact that the Lok Sabha's larger membership usually prevails in a joint sitting does not change the constitutional equality of the two Houses.
Constitutional amendments under Article 368. Both Houses must pass an amendment Bill by special majority — no joint sitting available. The Lok Sabha cannot override the Rajya Sabha's opposition. Both Houses are equally necessary. The 2020 Prelims tested this: "Rajya Sabha has equal powers with Lok Sabha in amending the Constitution" was the correct answer.
Election of the President (Article 54). Both Houses' elected members are part of the electoral college. The Vice-Presidential election (Article 66) involves all members of both Houses (including nominated members of the Lok Sabha and Rajya Sabha).
Removal of the President (impeachment). Either House can initiate impeachment under Article 61. The other House investigates the charge. Both Houses must pass the resolution by two-thirds majority for impeachment to succeed. Both Houses have co-equal status here.
Removal of judges of the Supreme Court and High Courts (Articles 124(4) and 217(1) proviso (b)). A judge can be removed only after an address by each House supported by majority of total membership and two-thirds of those present and voting. Both Houses must pass; one alone cannot remove.
Removal of the Vice-President (Article 67). The Vice-President is removed by a resolution of the Rajya Sabha (where the VP is Chairman) passed by majority of all then-members, agreed to by the Lok Sabha by simple majority. This is co-equal with a procedural sequence.
Approval of emergency proclamations (Articles 352, 356, 360). All three types of emergency — national, state, financial — require approval by both Houses. The Lok Sabha cannot override the Rajya Sabha; both must approve.
Special powers — exclusive to the Rajya Sabha
The Rajya Sabha has two constitutionally exclusive powers — both reflecting its character as a House representing the States.
Article 249 — Parliamentary legislation on a State subject in national interest. If the Rajya Sabha, by a resolution supported by not less than two-thirds of the members present and voting, declares that it is necessary or expedient in the national interest that Parliament should make laws on a matter in the State List specified in the resolution, it becomes lawful for Parliament to make such laws.
The resolution is valid for one year and can be renewed. A law made under Article 249 ceases to operate six months after the resolution lapses. The Lok Sabha cannot pass such a resolution; only the Rajya Sabha can. The rationale is that the Rajya Sabha represents the States, and its consent is the appropriate constitutional gateway for Parliament to legislate on a State subject.
Article 249 has been used very rarely. The first occasion was 1950 — Korean War prices, leading to the Essential Supplies Act. The second was 1951 — Evacuee Interest (Separation) Act. The third was 1986 — Punjab terrorism, with a resolution covering six entries in the State List, but no actual law was enacted under it.
Article 312 — Creation of new All India Services. If the Rajya Sabha declares by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament may by law create such services. The 2020 Prelims tested this — option (a), creation of new All India Services, was a special power of the Rajya Sabha (not an equal power).
Article 312 has been used to create the IAS and IPS (continued from pre-independence cadres), the Indian Forest Service (1966), and theoretically can be used to create more services. The All India Judicial Service was provisionally enabled by the 42nd Amendment but has not been created. The Rajya Sabha has periodically passed resolutions; Parliament has not always followed up.
Both Article 249 and Article 312 reflect the Rajya Sabha's federal character. Both require two-thirds majority — a higher threshold than ordinary legislation — to ensure that a substantial cross-State consensus exists before such powers are exercised.
Limited powers — financial matters
In financial matters, the Rajya Sabha has only consultative or recommendatory power. The Lok Sabha is dominant.
Money Bills (Article 110). The Rajya Sabha cannot reject or amend a Money Bill. It can only recommend changes; the Lok Sabha can ignore the recommendations. If the Rajya Sabha does not return the Bill within 14 days, the Bill is deemed to have been passed by both Houses. For full treatment of this and the related Speaker's certificate, see money bill vs finance bill.
Demands for Grants (Article 113). Demands for Grants are voted on only by the Lok Sabha. The Rajya Sabha can discuss the Budget but cannot vote on the Demands for Grants. The 2015 Prelims tested this — the Rajya Sabha cannot vote on the Demands for Grants but CAN discuss the Annual Financial Statement (Budget).
Appropriation Bill. The Appropriation Bill, being a Money Bill, follows the same procedure as Money Bills. The Rajya Sabha's role is purely consultative.
Origination of financial bills. Money Bills, Finance Bills, and Ordinary Bills involving expenditure from the Consolidated Fund must originate in the Lok Sabha. The Rajya Sabha cannot originate any of these.
Cut motions. Cut motions on Demands for Grants — including Disapproval, Economy, and Token cuts — are made only in the Lok Sabha, where they can lead to discussion and (if accepted, which is rare) a question of confidence in the government.
The Rajya Sabha's reduced financial role reflects the constitutional principle that the people's representatives — directly elected through universal adult franchise — should control the public purse. The Rajya Sabha, being indirectly elected by State Legislatures, does not have the same democratic mandate for financial decisions.
- The Rajya Sabha has no power either to reject or to amend a Money Bill.
- The Rajya Sabha cannot vote on the Demands for Grants.
- The Rajya Sabha cannot discuss the Annual Financial Statement.
The continuing chamber — institutional design
The Rajya Sabha is constitutionally not subject to dissolution. Article 83(1) provides that the Council of States "shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year." This makes the Rajya Sabha a permanent institution.
The continuing-chamber design has several constitutional consequences:
One — institutional memory and continuity. Unlike the Lok Sabha, which is reconstituted entirely after every general election, the Rajya Sabha carries forward two-thirds of its membership at any given time. This produces institutional memory and policy continuity that the Lok Sabha lacks.
Two — protection of Bills. As discussed in the lapsing rules, Bills pending only in the Rajya Sabha (and not yet passed by the Lok Sabha) survive Lok Sabha dissolution. This is possible only because the Rajya Sabha itself does not dissolve.
Three — federal stability. The Rajya Sabha represents the States. The continuing-chamber design means that State representation in Parliament remains stable across general elections. A particular State's representatives change at their own electoral cycle, not at the Lok Sabha's.
Four — checks on transient majorities. A government with a Lok Sabha majority does not automatically have a Rajya Sabha majority. The two-year rotation means that the Rajya Sabha's composition reflects political realities from earlier years. This produces the situation seen during the 1977 Janata government and the 1996-98 minority governments — where the ruling party held the Lok Sabha but lacked Rajya Sabha numbers, requiring negotiation across parties.
Chairman and Deputy Chairman
The Vice-President of India is the ex-officio Chairman of the Rajya Sabha (Article 64). The Chairman presides over Rajya Sabha sittings, decides points of order, and conducts the business of the House.
An important constitutional feature: the Vice-President is not a member of the Rajya Sabha. The Chairman therefore does not have an ordinary vote in the Rajya Sabha's deliberations. Article 100(1) provides that the Chairman has only a casting vote — to be exercised in case of an equality of votes. This is in contrast to the Speaker of the Lok Sabha, who is a member of the Lok Sabha but similarly has only a casting vote.
The Rajya Sabha also elects a Deputy Chairman from among its members (Article 89). The Deputy Chairman presides in the absence of the Chairman or when the Chairman is acting as President of India (which happens during a vacancy in the office of President). The Deputy Chairman, unlike the Chairman, is a member of the Rajya Sabha and votes as an ordinary member except when presiding.
The Chairman can be removed only by removal as Vice-President — through the Article 67 procedure requiring resolution of the Rajya Sabha by majority of all then-members and concurrence of the Lok Sabha. The Deputy Chairman can be removed by a resolution of the Rajya Sabha by majority of all then-members.
The salaries of the Chairman and Deputy Chairman are charged on the Consolidated Fund of India (Article 97). They are not subject to vote and are paid regardless of parliamentary appropriation.
What students must hold
Six points carry the weight. One, Rajya Sabha composition: maximum 250 — up to 238 elected by State Legislative Assemblies (single transferable vote) and 12 nominated by the President for special knowledge in literature, science, art, social service.
Two, the Rajya Sabha is a continuing chamber (Article 83(1)). Not subject to dissolution. One-third members retire every two years. Members serve six-year terms.
Three, equal powers with Lok Sabha: ordinary legislation, constitutional amendment (Article 368), election of President, impeachment of President, removal of judges, removal of Vice-President, approval of emergency proclamations. The 2020 Prelims tested constitutional amendment as the equal-power option.
Four, special powers of Rajya Sabha: Article 249 (Parliament to legislate on State subject in national interest, two-thirds majority resolution); Article 312 (creation of new All India Services, two-thirds majority resolution).
Five, limited powers: Money Bills (only recommend, cannot reject or amend); Demands for Grants (cannot vote, can discuss); Origination of financial Bills (must begin in Lok Sabha). The 2015 Prelims tested these.
Six, presiding officers: Vice-President is ex-officio Chairman (not a member, casting vote only); Deputy Chairman elected from members. For more, see Lok Sabha exclusive powers and joint sitting.