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Under which law are elections to the Rajya Sabha (Council of States) governed?

03-Dec-2023
Indian

Answer By law4u team

Elections to the Rajya Sabha (Council of States) in India are governed by the provisions of the Representation of the People Act, 1951. The Representation of the People Act, 1951, is a comprehensive legislation that deals with various aspects of the electoral process in India, including the conduct of elections to both houses of Parliament (Lok Sabha and Rajya Sabha) and the State Legislative Assemblies. Specifically, Part III of the Representation of the People Act, 1951, contains provisions related to the conduct of elections to the Council of States (Rajya Sabha). This part outlines the eligibility criteria for candidates, the manner of election, the preparation of electoral rolls, and other procedural aspects related to Rajya Sabha elections. Key features of Rajya Sabha elections under the Representation of the People Act, 1951, include: Indirect Election: Members of the Rajya Sabha are not directly elected by the public. Instead, they are elected by the elected members of the Legislative Assemblies of States and Union territories, as well as by the members of the Electoral College for Union territories without Legislative Assemblies. Allocation of Seats: The allocation of seats in the Rajya Sabha to each State and Union territory is based on the principle of proportional representation by means of the single transferable vote. Term of Office: Members of the Rajya Sabha are elected for a term of six years. One-third of the members retire every two years, and elections are held to fill the vacancies.

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