Reservation of seats in the Rajya Sabha is a constitutional provision aimed at ensuring adequate representation to Scheduled Castes (SCs), Scheduled Tribes (STs), and Anglo-Indian communities. The reservation system is designed to promote social justice and inclusivity in the upper house of the Parliament of India.
Constitutional Provisions:
Scheduled Castes (SCs) and Scheduled Tribes (STs):
Article 80(4): Out of the total number of seats in the Rajya Sabha, seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population in the respective states and union territories.
Anglo-Indian Community:
Article 331: The President of India can nominate up to two members from the Anglo-Indian community to the Rajya Sabha if it feels that the community is not adequately represented.
Reservation for Scheduled Castes and Scheduled Tribes:
Proportional Representation:
The number of seats reserved for Scheduled Castes and Scheduled Tribes in the Rajya Sabha is determined based on their population in the respective states and union territories.
State-wise Allocation:
Each state and union territory is allocated a specific number of reserved seats, and the representation is based on the proportion of Scheduled Castes and Scheduled Tribes in the population of that state or union territory.
Nomination by the President:
Members belonging to Scheduled Castes and Scheduled Tribes are elected by the elected members of the Legislative Assemblies of the respective states and union territories.
Reservation for Anglo-Indian Community:
Nomination by the President:
The provision for the nomination of members from the Anglo-Indian community is temporary and was intended to provide representation to a community that might not have been adequately represented through the normal electoral process.
Ceased with 104th Constitutional Amendment Act:
The 104th Constitutional Amendment Act, 2019, has abolished the provision for the nomination of Anglo-Indian members in the Lok Sabha and the Rajya Sabha. This amendment came into effect from January 25, 2020.
Representation in Committee:
Committee on the Welfare of Scheduled Castes and Scheduled Tribes:
The Rajya Sabha has a Committee on the Welfare of Scheduled Castes and Scheduled Tribes, which examines matters concerning the welfare of these communities and reports to the house.
Conclusion:
The reservation of seats in the Rajya Sabha for Scheduled Castes and Scheduled Tribes is a constitutional mandate aimed at ensuring their adequate representation in the upper house of Parliament. This provision aligns with the broader goals of promoting social justice, inclusivity, and equal opportunities for historically marginalized communities. While the provision for the nomination of Anglo-Indian members has been abolished, the reservation system for SCs and STs remains a vital aspect of India’s constitutional framework.
