23.

Make a comparative study of the composition and powers of the US Senate and the Indian Rajya Sabha. 

The composition and powers of the Senate are established by Article One of the United States Constitution.

The Senate is composed of senators who represent each of the several states, with each state being equally represented by two senators, regardless of their population, serving staggered terms of six years; with fifty states presently in the Union, there are 100 U.S. Senators. From 1789 until 1913, Senators were appointed by the legislatures of the states they represented; following the ratification of the Seventeenth Amendment in 1913, they are now popularly elected.

As the upper house, the Senate has several powers of advice and consent which are unique to it; of these include the ratification of treaties, the confirmation of Cabinet secretaries, Supreme Court justices, federal judges, other federal executive officials, flag officers, regulatory officials, ambassadors, and other federal uniformed officers. In addition to these, in cases wherein no candidate receives a majority of electors for Vice President, the duty befalls upon the Senate to elect one of the top two recipients of electors for that office. It further has the responsibility of conducting trials of those impeached by the House. The Senate is widely considered both a more deliberative and more prestigious body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less partisan atmosphere.

The presiding officer of the Senate is the Vice President of the United States, who is President of the Senate; in his absence, the President Pro Tempore, who is customarily the senior member of the controlling party, presides over the Senate.

Composition of the Rajya Sabha:

The Rajya Sabha can have a maximum strength of 250 members; out of these 238 are to be the representatives of the States and remaining 12 members are to be nominated by the President from amongst persons who have achieved distinctions in the fields of art, literature, science or social services. At present, the Rajya Sabha has 245 members 233 elected and 12 nominated. Members of each State Legislative Assembly, together elect their allotted number of MPs for Rajya Sabha. The President nominates 12 MPs of Rajya Sabha.

Powers and Functions of the Rajya Sabha:

i. Legislative Powers: In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it. In case of a deadlock between the two Houses of Parliament over an ordinary bill and if it remains unresolved for six months, the President can convene a joint sitting of the two Houses for resolving the deadlock.

This joint sitting is presided over by the Speaker of the Lok Sabha. If the bill is passed in the joint sitting, it is sent to the President for his signatures. But if the deadlock is not resolved, the bill is deemed to have been killed.

ii. Financial Powers: In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha. A money bill passed by the Lok Sabha comes before the Rajya Sabha for its consideration. However, if within a period of 14 days, the Rajya Sabha fails to pass the bill, the bill is taken to have been passed by the Parliament irrespective of the fact whether the Rajya Sabha has passed it or not. If the Rajya Sabha proposes some amendments and the bill is returned to the Lok Sabha, it depends upon the Lok Sabha to accept or reject the proposed amendments.

iii. Executive Powers: “The Union Council of Ministers is collectively responsible before the Lok Sabha and not the Rajya Sabha.” Lok Sabha alone can cause the fall of the Council of Ministers by passing a vote of no-confidence. Although the Rajya Sabha cannot remove the Ministry from its office yet the members of the Rajya Sabha can exercise some control over the ministers by criticising their policies, by asking questions and supplementary questions, and by moving adjournment motions. Some of the ministers are also taken from the Rajya Sabha. Now the Prime Minister can also be from Rajya Sabha if the majority party in the Lok Sabha may elect/adopt him as its leader.

iv. Amendment Powers: Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill with 2/3 majority in each House.

v. Electoral Powers: The Rajya Sabha has some electoral powers also. The elected members of the Rajya Sabha along with the elected members of the Lok Sabha and all the State Legislative Assemblies together elect the President of India. The members of the Rajya Sabha Lok Sabha together elect the Vice- President of India. Members of the Rajya Sabha also elect a Deputy Chairman from amongst themselves.