Rational for freezing of delimitation of constituencies:
As originally envisaged in the constitution, the population is the sole basis of delimitation of constituencies .In India the population policy of the Union Government mandated that among other measures for controlling population in the country one measure could be to neutralize the impact of population in a State or a region by freezing the number of seats a State is entitled be based on its population till such time the growth of population shows negative results.
Evil effects of freezing of delimitation of constituencies:
One results of freezing of delimitation of constituencies has been unduly large size of a Parliamentary constituency. Many major States have parliamentary constituency having a population of 25 lakhs and above. This goes against the concept of one person, one vote. It seems that the population as the sole basis for delimitation of constituencies has lost its significance and a time has come to take into account other factories apart from population.to determine the basis of delimitation of constituencies. The freeze of delimitation of constituencies for 30 years in 1976 and again after 30 years in 2002 may be constitutionally valid but it goes against the principle of one person-one vote.
84. Qualification for membership of Parliament:
A person shall not be qualified to be chosen to file a seat in the Parliament unless he—
(a) Is a citizen of India, and makes and subscribes 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;
(b) is, in the case of a seat in the council of States, not less than thirty years of age and in the case of a seat in the House of the People not less than twenty-five years of age; and
(c ) possesses such other qualifications as may be prescribed in that behalf by or under may law made by the Parliament.
COMMENTS
Any Person desirous of contesting an election must be not be less than twenty five years of age in case of a seat in Lok Sabha; and not less than thirty years of age in the case of a seat in the Rajya Sabha. Such person must be a citizen of India. A person acquires citizenship either by birth or may acquire citizenship afterwards. The Citizenship Act, 1955 provides in detail the modes of acquiring citizenship more particularly when both, the parents are not citizens of India or one of them is a citizen of India. By an amendment of the Representation of People Act, 1950, a non-resident Indian may be enrolled as a voter in India, although such, a person is not eligible to contest an election.
80. Composition of the Council of States:
(1) The Council of States shall consist of:
(a) Twelve members to be nominated by the President in Accordance with the provision of clause (3); and
(b) Not more than two hundred and thirty eight representatives of the States and of the Union Territories
(2) the allocation of seats in the Council of States to be filed by the representatives of the States and of the Union Territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consists of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art and social service
(4) The representatives of each state in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.
(5) The representatives of the Union Territories in the Council of States shall be chosen in such the manner as Parliament may be law prescribe.
COMMENTS
Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President and 238 are representatives of the States and of the two Union Territories. The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of the State and Union Territories of Delhi and Puducherry and 12 are nominated by the President. The members nominated by the President are persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service.
Allocation of seats:
The Fourth Schedule to the Constitution provides for the allocation of seats to the Stated and union Territories in Rajya Sabha. The allocation of seats is made on the basis of the population of each state. Consequent on the reorganization of States and formation of new States, the number of elected seats in the Rajya Sabha allotted to States and union Territories has changed from time to time since 1952.
Recent Amendments as to Election to Rajya Sabha:
Rajya Sabha is a permanent house and members are elected for a term of six years and approximately one-third members retire every two years. Till 2003, it was incumbent on a person seeking election to , Rajya Sabha to be an ordinary resident of a State or union territory, as the case may be, and other requirements were that of secrecy of voting. By an amendment of 2003, the requirements of ordinary resident and of secrecy in voting were dispensed. The amendments made in 2003 were challenged in the Supreme Court and were held constitutionally valid.
The constitutional validity of the amendment was upheld by the Supreme Court in the case of Kulip Nayar vs. Union of India and ors(1). The court observed as under:
'…it is provided in Article 80(2) that allocation of seats in the Council of States to be filled by the representatives of States and the Union Territories shall be in accordance with the provisions in that behalf contained in the fourth schedule. In Article 80(4), it is provided that the representatives of each state shall be elected by the elected members of the legislative assemblies of the States in accordance with the system of proportional representation by means of a single transferable vote. Apart from this, the Constitution does not put any restriction o the legislative powers of the Parliament in this regard. The amendments in Sections 3, 59, 94 and 128 of the Representation of the People Act, 1951 by the Representation of the People (Amendment) Act, 2003 (40 of 2003) has been made in exercise of the powers conferred on the Parliament under Article 246 read with Articles 84 and 327 and entry 72 of the union list of the seventh schedule to the Constitution. The impugned amendment does not infringe any constitutional provision. It cannot be found to be violative of fundamental rights in part (iii) of the Constitution. It is not disputed that Parliament has legislative competence to enact the amending act. In these facts and circumstances, the impugned legislation cannot be struck down as unconstitutional. All the write petition questioning the constitutional validity of the amendments brought about in the Representation of people Act,1951 through the Representation of the people (Amendment )Act, 2003(Act no.40 of 2003), being devoid of merits are hereby dismissed.