RAJYA SABHA ELECTIONS
In February 2026, the Election Commission of India (ECI) announced the schedule for biennial elections to fill 37 Rajya Sabha seats falling vacant across 10 States.
These include:
- Maharashtra: 7 seats
- Tamil Nadu: 6 seats
- Bihar & West Bengal: 5 seats each
- Odisha: 4 seats
- Assam: 3 seats
- Telangana, Chhattisgarh, Haryana: 2 seats each
- Himachal Pradesh: 1 seat
(Total seats to become vacant in 2026 = 72)
These elections are a routine yet vital part of India’s parliamentary cycle, ensuring that the “Upper House” remains a permanent body with a rolling membership.
KEY FACTS ABOUT RS
- The Council of States: It represents the interests of the States and Union Territories in the Indian Parliament.
- Constitutional Strength (Article 80): Fixes the maximum strength at 250.
- 238 representatives from States and UTs.
- 12 members nominated by the President for excellence in Art, Literature, Science, and Social Service.
- Current Composition: The House currently operates with 245 members.
- Tenure and Permanence: Unlike the Lok Sabha, the Rajya Sabha is not subject to dissolution. Members serve a six-year term, with one-third of the members retiring every two years.
- Chairmanship: The Vice-President of India serves as the Ex-officio Chairperson.
ELECTION MECHANISM
- Indirect Election: Members are not elected by the general public but by the Elected Members of the Legislative Assemblies (MLAs) of the respective States and UTs.
- Proportional Representation: Voting follows the system of Single Transferable Vote (STV). MLAs rank candidates by preference (1, 2, 3, etc.).
- The Quota System: A candidate must secure a specific “quota” of first-preference votes to be declared a winner.
- “Open Ballot” System: To curb corruption and horse-trading, MLAs belonging to political parties must show their marked ballot to their party’s authorized agent before casting it. (This does not apply to Independent MLAs).
SPECIAL POWERS OF RS
The Upper House possesses unique authorities that even the Lok Sabha does not:
- State List Legislation (Article 249): It can authorize Parliament to make laws on subjects usually reserved for States if it passes a resolution by a two-thirds majority in the national interest.
- All-India Services (Article 312): It has the exclusive right to initiate the creation of new All-India Services (like the IAS or IPS).
- Emergency Continuity: If a Proclamation of Emergency is issued while the Lok Sabha is dissolved, the Rajya Sabha acts as the sole legislative guardian, approving and extending the proclamation.
LEGAL NUANCES & JUDICIAL RULINGS
- Anti-Defection Law: The Supreme Court has ruled that voting against a party whip in Rajya Sabha elections does not attract disqualification under the 10th Schedule. The party can take internal disciplinary action, but the MLA keeps their seat.
- No NOTA: In 2018, the Supreme Court scrapped the “None of the Above” (NOTA) option for Rajya Sabha polls, stating it is incompatible with the principle of proportional representation by means of STV.
- Domicile Requirement: Since 2003, a candidate is no longer required to be a resident of the state they are contesting from; they simply need to be an elector from any parliamentary constituency in India.
CONCLUSION
The 2026 biennial elections will play a crucial role in determining the balance of power in the Upper House, impacting the government’s ability to pass non-money bills and constitutional amendments. As a “Permanent House,” the Rajya Sabha ensures that even during times of political transition in the Lok Sabha, the legislative process of the country remains stable and continuous.
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