Different between Rajya Sabha and Loka sabha

  1. Rajya Sabha
  • The Rajya Sabha or Council of States is the upper house of the bicameral Parliament of India. It currently has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using single transferable votes through Open Ballot while the President can appoint 12 members for their contributions to art, literature, science, and social services. Members sit for staggered terms lasting six years, with elections every year but almost a third of the 233 designates up for election every two years, specifically in even-numbered years.[1] The Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha, being the lower house of the Parliament, the Rajya Sabha, which is the upper house of Parliament, is not subjected to dissolution. However, the Rajya Sabha, like the Lok Sabha can be prorogued by the President.
  • The Rajya Sabha has equal footing in legislation with the Lok Sabha, except in the area of supply, where the latter has overriding powers. In the case of conflicting legislation, a joint sitting of the two houses can be held, where the Lok Sabha would hold greater influence because of its larger membership. The Vice President of India (currently, Venkaiah Naidu) is the ex-officio Chairman of the Rajya Sabha, who presides over its sessions. The Deputy Chairman, who is elected from amongst the house's members, takes care of the day-to-day matters of the house in the absence of the Chairman. The Rajya Sabha held its first sitting on 13 May 1952.[2
  • Article84 of the Constitution lays down the qualifications for membership of Parliament. A member of the Rajya Sabha must:[4]

  1. Be a citizen of India.

    Make and subscribe before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution.

    Be at least 30 years old. (article 84 constitution of India)

    Be elected by the Legislative Assembly of States and Union territories by means of single transferable vote through proportional representation.[5]

    Not be a proclaimed criminal.

    Not be a subject of insolvent, i.e. he/she should not be in debt that he/she is not capable of repaying in a current manner and should have the ability to meet his/her financial expenses.

    Not hold any other office of profit under the Government of India.

    Not be of unsound mind.

    Possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

    In addition, twelve members are nominated by the President of India having special knowledge in various areas like arts and science. However, they are not entitled to vote in Presidential elections as per Article 55 of the Constitution.

  2. Loka sabha

  • The Lok Sabha, or House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Sansad Bhavan, New Delhi.

  • The maximum strength of the House allotted by the Constitution of India is 552 (Initially, in 1950, it was 500). Currently, the house has 543 seats which is made up by the election of up to 543 elected members and at a maximum.

  • A total of 131 seats (24.03%) are reserved for representatives of Scheduled Castes (84) and Scheduled Tribes (47). The quorum for the House is 10% of the total membership. The Lok Sabha, unless sooner dissolved, continues to operate for five years from the date appointed for its first meeting. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law.[4][5]

  • Article 84 (under Part V. – The Union)[13] of Indian Constitution sets qualifications for being a member of Lok Sabha, which are as follows:

    He / She should be a citizen of India, and must subscribe before the Election Commission of India, an oath or affirmation according to the form set out for the purpose in the Third Schedule of the Indian Constitution.

    He / She should not be less than 25 years of age.

    He / She possesses other such qualifications as may be prescribed in that behalf by or under any law made by the Parliament.

    He / She should not be proclaimed criminal i.e. they should not be a convict, a confirmed debtor or otherwise disqualified by law; and

    He / She should have his/her name in the electoral rolls in any part of the country.

    However, a member can be disqualified of being a member of Parliament:

    If he / she holds office of profit;

    If he / she is of unsound mind and stands so declared by a competent court

    If he / she is an undischarged insolvent;

    If he / she is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;

    If he / she is violating party discipline (as per Tenth schedule of the constitution); disqualified under Representation of People Act.

    A seat in the Lok Sabha will become vacant in the following circumstances (during normal functioning of the House):

    When the holder of the seat, by writing to the speaker, resigns.

    When the holder of the seat is absent from 60 consecutive days of proceedings of the House, without prior permission of the Speaker.

    When the holder of the seat is subject to any disqualifications mentioned in the Constitution or any law enacted by Parliament.

    A seat may also be vacated when the holder stands disqualified under the 'Anti-Defection Law'.

    Furthermore, as per article 101 (Part V.—The Union)[14] of the Indian Constitution, a person cannot be:

    A member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.

    A member both of Parliament and of a House of the Legislature of a State.

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