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Kusum MeharaBegginer
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The Council of States, or Rajya Sabha, in the Indian parliamentary system, serves as the upper house of the Parliament of India. It functions alongside the Lok Sabha, the lower house, to form a bicameral legislature. The comparison between the two legal systems is as stated below-
Rajya Sabha (India)
Composition and Election
The Rajya Sabha has up to 250 members, of which 12 are nominated by the President for their expertise in fields like literature, science, art, and social services. The
The remaining members are elected by the elected members of the State Legislative Assemblies and Electoral college for Union Territories using a single transferable vote system.
Term
Members serve staggered six-year terms, with one-third of the body being up for election every two years.
Functions
Legislative Review
Reviews, debates, and suggests amendments to bills passed by the Lok Sabha.
States’ Representation: Represents the interests of the states in the federal structure.
Financial Legislation
Cannot initiate or amend money bills but can recommend amendments, which the Lok Sabha may accept or reject.
Permanent Body
Unlike the Lok Sabha, the Rajya Sabha is not subject to dissolution.
United States Senate
Composition and Election
The Senate comprises 100 members, with each state electing two senators regardless of population size. Senators are elected directly by the people of each state for six-year terms, with elections staggered so that approximately one-third of the Senate is up for election every two years.
Functions
Legislative Role
Shares equal legislative powers with the House of Representatives, including the ability to introduce and vote on bills.
Advice and Consent
Confirms presidential appointments, including federal judges, cabinet members, and other key officials. Ratifies treaties by a two-thirds vote.
Impeachment Trials
Conducts trials for impeachments initiated by the House of Representatives, requiring a two-thirds majority to convict.
House of Lords (United Kingdom)
Composition and Appointment
The House of Lords has both appointed and hereditary members. Life peers are appointed by the monarch on the advice of the Prime Minister. Bishops and some hereditary peers also hold seats.
functions
Legislative Review
Reviews, debates, and suggests amendments to bills passed by the House of Commons. It can delay legislation but not permanently block it.
Expertise and Debate
Provides detailed examination of legislation and contributes expertise from various fields.
Non-Dissolution
Like the Rajya Sabha, the House of Lords is not subject to dissolution.
Comparison
Election and Appointment
Rajya Sabha
Members are elected by state legislatures and include nominated experts.
US Senate
Members are directly elected by the people.
House of Lords
Members are appointed or inherit their positions.
Powers and Functions
Rajya Sabha
Limited power over money bills; primarily a reviewing and advising body.
US Senate
Strong legislative powers, significant role in appointments and treaties, and impeachment trials.
House of Lords
Primarily a reviewing and advising body with the power to delay legislation.
Thus, while the Rajya Sabha, US Senate, and House of Lords all serve as upper houses in their respective bicameral legislatures, they differ significantly in their composition, methods of election or appointment, powers, and functions. The Rajya Sabha and House of Lords are more advisory and reviewing bodies with limited legislative power compared to the US Senate, which has substantial legislative authority and a significant role in checks and balances within the government.
The Indian Constitution provides a comprehensive set of fundamental rights that aim to protect the individual liberties and freedoms of the citizens. These provisions can be compared to the corresponding rights guaranteed in the constitutions of other major democracies, and the evolving interpretations and ongoing debates on the scope of these rights.
Fundamental Rights in the Indian Constitution:
Right to Equality (Articles 14-18): Ensures equality before the law, prohibition of discrimination, and equality of opportunity.
Right to Freedom (Articles 19-22): Includes freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement, and freedom of profession.
Right against Exploitation (Articles 23-24): Prohibits forced labor and child labor.
Right to Freedom of Religion (Articles 25-28): Guarantees freedom of conscience, the right to freely profess, practice, and propagate religion.
Cultural and Educational Rights (Articles 29-30): Protects the rights of minorities to preserve their language, script, and culture, and establish and administer educational institutions.
Right to Constitutional Remedies (Article 32): Empowers the Supreme Court to issue writs for the enforcement of fundamental rights.
Comparison with Other Democracies:
United States: The U.S. Constitution’s Bill of Rights (First Amendment) guarantees fundamental freedoms, such as freedom of speech, freedom of religion, freedom of the press, and the right to assemble.
United Kingdom: The U.K. does not have a written constitution, but the Human Rights Act 1998 incorporates the European Convention on Human Rights, which guarantees civil and political rights.
Germany: The German Basic Law (constitution) provides a comprehensive set of fundamental rights, including the right to human dignity, the right to life and physical integrity, and the right to property.
South Africa: The South African Constitution’s Bill of Rights includes a wide range of civil, political, economic, social, and cultural rights, with a strong emphasis on equality and non-discrimination.
Evolving Interpretations and Ongoing Debates:
Expanding the Scope: The Supreme Court of India has played a crucial role in expanding the scope of fundamental rights through its interpretations, such as the recognition of the right to privacy and the right to die with dignity.
Balancing Rights: There are ongoing debates about balancing individual rights with the larger public interest, such as the regulation of speech, the limits of religious freedom, and the protection of minority rights.
New Frontiers: Emerging issues, such as the rights of marginalized communities, environmental rights, and digital rights, have led to discussions about the need to adapt and evolve the framework of fundamental rights.
Judicial Activism: The Indian judiciary’s proactive role in enforcing and protecting fundamental rights, through the use of public interest litigation and the expansion of the doctrine of basic structure, has been both praised and criticized.
Overall, the Indian Constitution’s provisions for the protection of fundamental rights are comprehensive and have evolved over time through judicial interpretations. While the specific formulations and the scope of these rights may vary across different democracies, the underlying principles of protecting individual liberties and ensuring equal treatment under the law are shared by many modern constitutions.
The Rajya Sabha, or the Council of States, is the Upper House of the Indian Parliament and plays a crucial role in the country’s parliamentary system. To evaluate its role and compare it with the upper houses of other bicameral legislatures, such as the Senate in the United States and the House of Lords in the United Kingdom, we can examine the following aspects:
1. Composition and Representation:
2.Powers and Functions:
3.Representation of Federalism:
4.Constitutional and Historical Context:
In conclusion, the Rajya Sabha plays a crucial role in the Indian parliamentary system, serving as a representative of the States and a check on the legislative power of the Lok Sabha. While it shares some similarities with the upper houses of other bicameral legislatures, such as the U.S. Senate and the House of Lords, it also has unique features that reflect the specific federal structure and historical context of the Indian political system.