Rajya Sabha Elections 2024, Procedure, Articles, Voting System

In the 2024 Rajya Sabha elections, the Congress secured victory in three out of four seats in Karnataka and eight out of ten seats in Uttar Pradesh. However, the party suffered a significant setback in Himachal Pradesh, where it holds the majority.

Rajya Sabha Elections 2024 Highlight

What is Draw Of Lots In Election?

Context:

• The elections to the 15 Rajya Sabha seats in Uttar Pradesh, Karnataka, and Himachal Pradesh were marked by cross-voting in all the three States despite parties issuing three-line whips, deviating from the norm.
• The draw of lots was used to decide a winner in a Rajya Sabha election in Himachal Pradesh.

Procedure in Case of tie in Rajya Sabha

• Representation of the People Act (RPA): Section 102 of the Representation of the People Act, 1951 provides a solution for tied elections.
  • After the votes are counted, if there’s a tie, the winner is decided by a draw of lots. The candidate who receives an additional vote through this draw becomes the victor.
• Chairman’s Role: In the Rajya Sabha, the Chairman has the right to vote only in the case of a tie.
  • However, if a resolution to remove the Chairman is under consideration, they should not preside over it or vote on the decision.
• Previous Instances:
  • In Himachal Pradesh, a Rajya Sabha election witnessed the use of a draw of lots to determine the winner.
    • The entire process was conducted in accordance with the law, with the returning officer overseeing the proceedings in the presence of the candidates.
  • Draw of lots has also been employed in local body elections:
    • In the Brihanmumbai Municipal Corporation elections, a tie between BJP and Shiv Sena led to three rounds of recounting. Ultimately, a draw of lots favoured the BJP candidate.
    • Similarly, during the Mathura civic polls, a BJP candidate named Meera Agarwal was tied at 874 votes in a ward. She was declared the winner after the final draw of lots.
  • The Supreme Court has also weighed in on this matter.
    • In 2014, the court ruled in favour of using a draw of lots when two candidates receive an equal number of votes.
  • The Madras High Court upheld the rule of draw of lots as a tie-breaker in an election, emphasising that it’s for legislatures to decide on its continuation.

Role of Whips in Rajya Sabha Elections

• Whips Not Applicable for Rajya Sabha Elections: Whips, which are formal orders from political parties instructing members on how to vote, do not apply to Rajya Sabha elections because these elections are conducted by the Election Commission outside the legislative assembly.
• Exemption Under the 10th Schedule: Due to the absence of whips in Rajya Sabha elections, MLAs who cross-vote cannot be subjected to disciplinary action under the 10th Schedule of the Indian Constitution, which deals with the anti-defection law.
• Conscience Vote Permitted: The exemption allows MLAs to vote according to their personal preference, often referred to as a “conscience vote,” without the threat of disqualification for defying party orders.
• Legal and Legislative Nuance: This situation underscores a nuanced aspect of the anti-defection law, distinguishing between voting within the legislative assembly (where whips apply) and voting conducted externally by the Election Commission (where whips do not apply).

Rajya Sabha Elections 2024

The Election Commission announced the schedule for the Rajya Sabha Elections 2024 to 56 seats from 15 states of India. As per the constitutional provisions, members of the Rajya Sabha, the upper house of the Indian Parliament, are elected by the elected members of the State Legislative Assemblies and by the members of the Electoral College for Union Territories. The Rajya Sabha serves as a vital forum for deliberating and shaping legislation, providing representation to the states and territories of India.

About Rajya Sabha

Procedure Of Rajya Sabha Elections

• Electorate:
  • Indirect: Elected by MLAs (Members of Legislative Assembly)
  • Size varies per state based on population.
• Voting System: Proportional Representation with Single Transferable Vote (STV)
  • MLAs rank candidates in order of preference (1, 2, 3…) on a single ballot.
  • Each vote counted only once.
  • Open ballot with verification to prevent cross-voting.
• Winning Quota:
  • Formula for single seat: Total votes / (Number of seats + 1) + 1
  • Formula for multiple seats: [(Number of votes x 100) / (Vacancies + 1)] + 1
  • Quota decreases with more seats or vacancies.

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