Under which Schedule of the Constitution of India is the allocation of seats in Rajya Sabha to the States and Union Territories made? (A) Fourth Schedule (B) Seventh Schedule (C) Ninth Schedule (D) Tenth Schedule

Points to Remember:

  • The Indian Constitution allocates seats in the Rajya Sabha (Council of States) to States and Union Territories.
  • This allocation is governed by a specific Schedule within the Constitution.
  • Understanding the function of different Schedules is crucial for answering this question.

Introduction:

The Indian Constitution, a voluminous document, organizes various provisions through Schedules. These Schedules are essentially appendices that provide details on specific matters. The question asks which Schedule outlines the allocation of seats in the Rajya Sabha, the upper house of the Indian Parliament. Understanding the purpose of each Schedule is key to identifying the correct answer. The Rajya Sabha represents the States and Union Territories, ensuring federal representation in the legislative process. The allocation of seats reflects the population and other factors considered crucial for equitable representation.

Body:

Allocation of Rajya Sabha Seats:

The allocation of seats in the Rajya Sabha to the States and Union Territories is detailed in the Fourth Schedule of the Constitution of India. This Schedule lists the number of seats allocated to each State and Union Territory. The allocation is not uniform and varies based on factors like population, geographical area, and other considerations deemed important by the Constitution framers. The representation is not directly proportional to population, but aims for a balance between representation of states and the overall population.

Other Schedules and their Functions:

To further clarify, let’s briefly examine the other Schedules mentioned in the options:

  • Seventh Schedule: This Schedule deals with the distribution of legislative powers between the Union and the States, defining the subjects under the Union List, State List, and Concurrent List. It is crucial for understanding federalism in India but not directly related to Rajya Sabha seat allocation.

  • Ninth Schedule: This Schedule contains laws that are immune from judicial review, a provision added later through constitutional amendments. It is unrelated to the structure of the Parliament or seat allocation.

  • Tenth Schedule: This Schedule deals with the provisions related to the disqualification of members of Parliament and State Legislatures on grounds of defection. It addresses party discipline and anti-defection laws, again unrelated to seat allocation.

Conclusion:

In conclusion, the allocation of seats in the Rajya Sabha to the States and Union Territories is specified in the Fourth Schedule of the Constitution of India. Understanding the distinct functions of each Schedule is crucial for navigating the complexities of the Indian Constitution. The Fourth Schedule ensures a federal structure where states are represented in the upper house, contributing to a balanced and representative legislative process. This system, while not perfectly proportional, aims for a fair representation of diverse interests across the nation, upholding the constitutional values of federalism and democracy. Therefore, the correct answer is (A).

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