Examine the function of the Council of States, or Rajya Sabha, in the Indian parliamentary system and contrast it with the upper houses of other bicameral legislatures, such the US Senate and the UK House of Lords.
Model Answer Introduction The principle of equality is a cornerstone of both the United States and Indian Constitutions. While both nations uphold this fundamental right, the articulation and implementation of equality reveal key distinctions shaped by their unique historical and social contexts. BoRead more
Model Answer
Introduction
The principle of equality is a cornerstone of both the United States and Indian Constitutions. While both nations uphold this fundamental right, the articulation and implementation of equality reveal key distinctions shaped by their unique historical and social contexts.
Body
Constitutional Provisions
- USA: The principle of equality is primarily enshrined in the 14th Amendment, which guarantees equal protection under the law to all individuals. The 5th Amendment’s due process clause also supports this principle by ensuring that federal laws are applied equally.
- Source: U.S. Constitution, 14th Amendment; 5th Amendment.
- India: The Indian Constitution explicitly details equality in Articles 14-18, which include provisions for equality before the law, the prohibition of discrimination, and the abolition of untouchability and titles.
Scope of Protection
- USA: The focus is on ensuring that laws are applied uniformly, meaning that individuals in similar situations must be treated alike.
- India: The scope is broader, prohibiting discrimination on various grounds (Article 15) and ensuring equality of opportunity in public employment (Article 16).
Affirmative Action
- USA: Affirmative action policies face strict scrutiny; courts require a compelling government interest and narrowly tailored solutions to address historical discrimination.
- India: The Constitution permits affirmative action measures, such as reserving seats in educational institutions and public employment for socially and educationally backward classes (Articles 15(4) and 16(4)).
Role of the Judiciary
- USA: The Supreme Court has been pivotal in interpreting equality through landmark rulings like Brown v. Board of Education (1954) and Loving v. Virginia (1967).
- India: The judiciary has actively enforced equality, emphasizing that it is part of the Constitution’s basic structure, which cannot be amended.
Conclusion
These distinctions highlight the unique historical, social, and political contexts of the USA and India, showcasing the diverse ways in which the notion of equality is articulated and pursued within their constitutional frameworks.
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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 (IndiaRead more
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
See lessElection 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.