Constitution Section 80 — Composition of the Council of States

Part V — THE UNION — General

Constitutional

Summary

The Council of States, also known as the Rajya Sabha, is made up of two types of members. First, the President can nominate up to 12 members who have special knowledge or experience in areas like literature, science, art, or social service. Second, there can be up to 238 representatives from the states and Union territories. The number of seats for each state and Union territory is set out in the Fourth Schedule of the Constitution. Representatives from each state are elected by the elected members of that state's Legislative Assembly using a system called proportional representation through the single transferable vote. Representatives from Union territories are chosen in a way that Parliament decides by law.

Official Text

(1) The Council of States shall consist of—

(a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and

(b) not more than two hundred and thirty-eight representatives of the States and of the Union territories.

(2) The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.

(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:—Literature, science, art and social service.

(4) The representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.

(5) The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe.