rajya sabhaaphrdi/id...rajya sabha • the rajya sabha or council of states is the upper house of...

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Rajya Sabha The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya Sabha has played a constructive and effective role in our polity. Its performance in the legislative field and in influencing the Government policies has been quite significant. Rajya Sabha has, in fact, worked in a spirit of cooperation with Lok Sabha as per the Constitutional mandate. Rajya Sabha has prevented hasty legislation and has served as dignified chamber representing the federal principle. As a federal chamber, it has worked for the unity and integrity of the nation and has reinforced the faith of the people in parliamentary democracy

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Rajya Sabha

• The Rajya Sabha or Council of States is the upper house of the Parliament of India.• Rajya Sabha has played a constructive and effective role in our polity. • Its performance in the legislative field and in influencing the Government policies

has been quite significant. • Rajya Sabha has, in fact, worked in a spirit of cooperation with Lok Sabha as per

the Constitutional mandate. • Rajya Sabha has prevented hasty legislation and has served as dignified chamber

representing the federal principle. • As a federal chamber, it has worked for the unity and integrity of the nation and

has reinforced the faith of the people in parliamentary democracy

Membership and composition

• Membership of Rajya Sabha is limited by the Constitution to a maximum of 250 members, and current laws have provision for 245 members.

• 233 members of the House are indirectly elected by State and Territorial Legislatures using single transferable votes, while the President can appoint 12 members for their contributions to art, literature, science, and social services.

Officers

Leader of the House• Main article: Leader of the House (Rajya Sabha)• Besides the Chairman (Vice-President of India) and the Deputy Chairman,

there is also a position called Leader of the House. • This is a cabinet minister - the prime minister if he is a member of the

House, or another nominated minister. • The Leader has a seat next to the Chairman, in the front row.

Leader of the Opposition• Main article: Leader of the Opposition (Rajya Sabha)• Besides the Leader of the House, who is leading the majority, there is also

a Leader of the Opposition (LOP) – leading the opposition parties. The function was only recognized in the Salary and Allowances of Leaders of the Opposition in Parliament Act 1977. This is commonly the leader of the largest non-government party, and is recognized as such by the Chairman.

• Members sit for staggered six-year terms, with one third of the members retiring every two years.

• Seats are allotted in proportion to the population of people of each state or union territory in such a manner that smaller states have slight advantage over more populous states.

• In addition, smaller Union Territories, which are not States and which do not have legislatures, do not have representation in Rajya Sabha.

• Hence, Andaman & Nicobar Islands, Lakshadweep, Chandigarh, Daman & Diu and Dadra & Nagar Haveli do not send any representatives to Rajya Sabha.

• The Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha, the lower house of Parliament, is not subject to dissolution.

• However, the Rajya Sabha, like the Lok Sabha can be prorogued by the President. • The Rajya Sabha has equal footing in all areas of legislation with Lok Sabha, except

in the area of supply, where the Lok Sabha has overriding powers. • In the case of conflicting legislation, a joint sitting of the two houses can be held.• However, since the Lok Sabha has twice as many members as the Rajya Sabha, the

former would normally hold the greater power.• Joint sittings of the Houses of Parliament of India are rare, the latest one for the

passage of the 2002 Prevention of Terrorism Act.

• The Vice President of India (currently, Sri M.Venkaiah Naidu) is the ex-officio Chairman of the Rajya Sabha, who presides over its sessions.

• The Deputy Chairman, who is elected from amongst the house's members, takes care of the day-to-day matters of the house in the absence of the Chairman.

• The Rajya Sabha held its first sitting on 13 May 1952.• The salary and other benefits for a member of Rajya Sabha are

same as for a member of Lok Sabha.• Rajya Sabha members are elected by state legislatures rather than

directly through the electorate by single transferable vote method.

• The upper house is usually smaller and often has more restricted power than the lower house.

• A legislature composed of only one house (and which therefore has neither an upper house nor a lower house) is described as unicameral.

• An upper house is usually different from the lower house in at least one of the following respects:

Status:• Its members are not popularly elected; membership

may be indirect, or by appointment.• Its members may be elected with a different voting

system than that used to elect the lower house.• Members' terms is longer than in the lower house.• Members are elected in portions, for staggered terms,

rather than all at one time. The upper house cannot be dissolved at all.

• It typically has fewer members or seats than the lower house.

• It has usually a higher age of candidacy than the lower house.

• In parliamentary system, the upper house is frequently seen as an advisory or "revising" chamber; for this reason, its powers of direct action are often reduced in some way.

• Some or all of the following restrictions are often placed on upper houses:

• Lack of control over the executive branch. • No power to block supply, or budget measures

Qualifications• Article 84 of the Constitution lays down the qualifications for membership of Parliament. A member of the

Rajya Sabha must: • Must be a citizen of India.• Must make and subscribe before some person authorized in that behalf by the Election Commission an

oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution.

• Must be at least 30 years old.• Must be elected by the Legislative Assembly of States and Union territories by means of Single

transferable vote through Proportional representation. • Cannot be a proclaimed criminal.• Cannot be an insolvent, i.e. he/she should not be in debt that he/she is not capable of repaying in a

current manner and should have the ability to meet his/her financial expenses.• Should not hold any other office of profit under the Government of India.• Should not be of unsound mind.• Must possess such other qualifications as may be prescribed in that behalf by or under any law made by

Parliament.• In addition, twelve members are nominated by the President of India having special knowledge in various

areas like arts and science. • However, they are not entitled to vote in Presidential elections as per Article 55 of the Constitution.

• Disqualifications• Article 102 of the Constitution lays down that a person shall be disqualified for

being chosen as, and for being, a member of either House of Parliament, • if he holds any office of profit under the Government of India or the Government

of any State, other than an office declared by Parliament by law;• if he is of unsound mind and stands so declared by a competent court;• if he is an undischarged insolvent;• if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign

State, or is under any acknowledgement of allegiance or adherence to a foreign State;

• if he is so disqualified by or under any law made by Parliament.

• Besides, the Tenth Schedule to Constitution provides for disqualification of the members on ground of defection.

• As per the provisions of the Tenth Schedule, a member may be disqualified as a member, if he voluntarily gives up the membership of his political party; or if he votes or abstains from voting in the House contrary to any direction issued by the political party to which he belongs, unless such voting or abstention has been condoned by the political party within fifteen days.

• A member elected as an independent candidate shall be disqualified if he joins any political party after his election.

• A member nominated to the House by the President, however, is allowed to join a political party if he/she does so within the first six months of taking seat in the House.

• A member shall not be disqualified on this account, if he voluntarily leaves the membership of his political party after he is elected Deputy Chairman, Rajya Sabha.

Limitations

• The Constitution of India places some restrictions on Rajya Sabha which makes Lok Sabha more powerful in certain areas in comparison.

Money bills

• Money bills, as defined in the Constitution of India Act 110, can only be introduced in Lok Sabha.

• When Lok Sabha passes a money bill, and transmits it to Rajya Sabha, Rajya Sabha has only fourteen days to return the bill (with or without amendments) to Lok Sabha.

• If Rajya Sabha fails to return the bill in fourteen days, that bill is deemed to have passed by both the Houses.

• Also, if Lok Sabha rejects any (or all) of the amendments proposed by Rajya Sabha, the bill is deemed to have been passed by both Houses of Parliament in the form Lok Sabha finally passes it.

• Hence, Rajya Sabha cannot stall, or amend, a money bill without Lok Sabha's concurrence on the same

Joint Sitting of the Parliament

• Article 108 provides for a joint sitting of the two Houses of Parliament in certain cases.

• A joint sitting can be convened by the President of India when one house has either rejected a bill passed by the other house, has not taken any action on a bill transmitted to it by the other house for six months, or has disagreed to the amendments proposed by the Lok Sabha on a bill passed by it.

• Considering that the numerical strength of Lok Sabha is more than twice that of Rajya Sabha, Lok Sabha tends to have a greater influence in a joint sitting of Parliament.

• A joint session is chaired by the Speaker of Lok Sabha.

• Also, because the joint session is convened by the President on advice of the government, which already has a majority in Lok Sabha, the joint session is usually convened to get bills passed through a Rajya Sabha in which the government has a minority.

• Joint sessions of Parliament are a rarity, and have been convened three times in last 69 years, for the purpose of passage of a specific legislative act, the latest time being in 2002:

1961: Dowry Prohibition Act, 1958

1978: Banking Services Commission (Repeal) Act, 1977

2002: Prevention of Terrorism Act, 2002

No-confidence motion• Unlike the Lok Sabha, a member of the Rajya Sabha cannot bring

to the house a no-confidence motion against the government.Powers• In a parliamentary system, it often has much less power than

the lower house. The Upper House – Votes on only limited legislative matters, such as

constitutional amendments.– Cannot initiate legislation (or cannot initiate legislation on

money).– Cannot vote a motion of no confidence against the

government (or such an act is much less common), while the lower house always can.

• In Indian federal structure, Rajya Sabha is a representative of the States in the Union Legislature (Hence the name, Council of States). Hence, Rajya Sabha is granted powers that protect the rights of States against the Union.

Union-States Relations• The Constitution empowers Parliament of

India to make laws on the matters reserved for States.

• However, this can only be done if Rajya Sabha first passes a resolution by two-thirds special majority granting such a power to the Union Parliament.

• The union government cannot make a law on a matter reserved for states without any authorisation from Rajya Sabha.

Creation of All-India Services• Rajya Sabha, by a two-thirds super majority can pass a

resolution empowering the Government of India to create more All-India Services common to both Union and States, including a judicial service.

Media• Rajya Sabha Television (RSTV) is a 24 hour a day, seven day

a week parliamentary TV channel fully owned and operated by the Rajya Sabha.

• The channel is aimed at providing in-depth coverage and analysis of parliamentary affairs especially the functioning of and developments related to Rajya Sabha.

• During sessions of Parliament, apart from telecasting live coverage of the proceedings of Rajya Sabha, RSTV presents incisive analysis of the proceedings of the House as well as other day-to-day parliamentary events and developments.

Process for Election/Nomination

Biennial/Bye-election• Rajya Sabha is a permanent House and is not subject to

dissolution. • However, one-third Members of Rajya Sabha retire after

every second year (through biennial elections). • A member who is elected for a full term serves for a period

of six years. • The election held to fill a vacancy arising otherwise than by

retirement of a member on the expiration of his term of office is called ‘Bye-election’.

• A member elected in a bye-election remains member for the remainder of the term of the member who had resigned or died or disqualified to be member of the House under the Tenth Schedule.

Administration

• Secretary-General

• The Secretary-General is the administrative head and appointed by the Chairman of Rajya Sabha and holds rank equivalent to the highest civil servant of the Union.

• The Secretary-General is also the custodian of the records of the House. He works under the direction and control of the Chairman, Rajya Sabha.

Relation between the two Houses• Under article 75(3) of the Constitution, the Council of

Ministers is collectively responsible to Lok Sabha which means Rajya Sabha cannot make or unmake the Government.

• It can, however, exercise control over the Government and this function becomes quite prominent, particularly when the Government does not enjoy majority in Rajya Sabha.

• To resolve a deadlock between the two Houses, in case of an ordinary legislation, the Constitution provides for the joint sitting of both Houses.

• Ministers may belong to either House of Parliament. • The Constitution does not make any distinction

between the Houses in this regard.

• Every Minister has the right to speak and take part in the proceedings of either House but he is entitled to vote only in the House of which he is a member.

• Similarly, with regard to powers, privileges and immunities of the Houses of Parliament, their members and committees thereof, the two Houses are placed absolutely on equal footing by the Constitution.

• Other important matters in respect of which both Houses enjoy equal powers are election and impeachment of the President, election of the Vice-President, approving the Proclamation of Emergency, the proclamation regarding failure of constitutional machinery in States and financial emergency.

• In respect of receiving reports and papers from various statutory authorities, etc., both Houses have equal powers.

• It is thus clear that except in the case of collective responsibility of the Council of Ministers and certain financial matters, which fall in the domain of Lok Sabha only, both Houses enjoy equal powers

Special Powers of Rajya Sabha• Rajya Sabha being a federal chamber enjoys certain special powers

under the Constitution. • All the subjects/areas regarding legislation have been divided into

three Lists - Union List, State List and concurrent List. • Union and State Lists are mutually exclusive - one cannot legislate

on a matter placed in the sphere of the other. • However, if Rajya Sabha passes a resolution by a majority of not

less than two-thirds of members present and voting saying that it is “necessary or expedient in the national interest” that Parliament should make a law on a matter enumerated in the State List, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of the territory of India.

• Such a resolution remains in force for a maximum period of one year but this period can be extended by one year at a time by passing a similar resolution further.

• If Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomes empowered to create by law such services.

• Under the Constitution, the President is empowered to issue Proclamations in the event of national emergency, in the event of failure of constitutional machinery in a State, or in the case of financial emergency.

• Every such proclamation has to be approved by both Houses of Parliament within a stipulated period.

• Under certain circumstances, however, Rajya Sabha enjoys special powers in this regard.

• If a Proclamation is issued at a time when Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place within the period allowed for its approval, then the proclamation remains effective, if the resolution approving it is passed by Rajya Sabha within the period specified in the Constitution under articles 352, 356 and 360.

Rajya Sabha in Financial Matters• A Money Bill can be introduced only in Lok Sabha. After it is

passed by that House, it is transmitted to Rajya Sabha for its concurrence or recommendation. The power of Rajya Sabha in respect of such a Bill is limited.

• Rajya Sabha has to return such a Bill to Lok Sabha within a period of fourteen days from its receipt.

• If it is not returned to Lok Sabha within that time, the Bill is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha.

• Again, Rajya Sabha cannot amend a Money Bill; it can only recommend amendments and Lok Sabha may either accept or reject all or any of the recommendations made by Rajya Sabha.

• Apart from a Money Bill, certain other categories of Financial Bills also cannot be introduced in Rajya Sabha.

• There are, however, some other types of Financial Bills on which there is no limitation on the powers of the Rajya Sabha.

• These Bills may be initiated in either House and Rajya Sabha has powers to reject or amend such Financial Bills like any other Bill.

• Of course, such Bills cannot be passed by either House of Parliament unless the President has recommended to that House the consideration thereof.

• From all this, however, it does not follow that Rajya Sabha has nothing to do in matters relating to finance.

• The Budget of the Government of India is laid every year before Rajya Sabha also and its members discuss it.

• Though Rajya Sabha does not vote on Demands for Grants of various Ministries - a matter exclusively reserved for Lok Sabha - no money, however, can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill has been passed by both the Houses.

• Similarly, the Finance Bill is also brought before Rajya Sabha. • Besides, the Department-related Parliamentary Standing

Committees that examine the annual Demands for Grants of the Ministries/Departments are joint committees having ten members from Rajya Sabha.

RAJYA SABHA QUESTIONS & ANSWERSINTRODUCTION

• Question Hour is one of the most significant items of business in parliamentary proceedings and it gives the whole institution of Parliament the great significance it possesses.

• This Hour has assumed high importance in legislatures because of Government's heavy involvement in matters affecting the day-to-day life of the citizens for which Ministers are collectively and severally answerable to the people. Asking questions is a refined parliamentary device.

• Questions are asked primarily to elicit information, to ensure accountability, and for exercising a kind of legislative control over executive actions

• Answers to questions have to be precise and accurate. • The information given through the answers has a high presumption of authenticity

and wrong or inaccurate answers can be construed as an attempt to mislead the House, leading to raising of questions of privilege.

• If it is later found that the information supplied bonafide is inaccurate or incorrect, the Minister has to make a statement in the House correcting the previous answer in case it is a starred question or lay a statement on the Table of the House in the case it is an unstarred question.

• Where Ministers feel that they cannot supply complete and accurate information at the moment, they can and generally ask for time in respect of that portion of the question and assure the House to supply it as soon as it is available.

• Such assurances are closely monitored by the Committee on Government Assurances.

• The Question Hour used to start at 11.00 a.m. and conclude at 12.00 noon on five days a week. Consequent upon amendment to Rule 38 of the Rules of Procedure and Conduct of Business in Council of States, Question Hour in Rajya Sabha was shifted to 12:00 noon to 1:00 p.m.

QUESTIONS

Time for questions • Unless the Chairman otherwise directs, the Question hour

shall be from 12:00 noon to 1:00 p.m.Notice of questions • Unless the Chairman otherwise directs, not less than fifteen

clear days' notice of a question shall be given.Form of notice of questions • Notice of a question shall be given in writing to the

Secretary-General and shall specify- • the official designation of the Minister to whom it is

addressed; and • the date on which the question is proposed to be placed on

the list of questions for answers.

Notice of admission of questions to Ministers • Unless the Chairman otherwise directs, no

question shall be placed on the list of questions for answers until five days have expired from the day when notice of such question has been given by the Secretary-General to the Minister to whom it is addressed.

Starred questions • A member who desires an oral answer to his

question shall distinguish it by an asterisk and if he does not distinguish it by an asterisk the question shall be printed in the list of questions for written answers.

Limit of number of starred questions

• Not more than one question distinguished by an asterisk by the same member shall be placed on the list of questions for oral answers on any one day. Questions in excess of one shall be placed on the list of questions for written answers.

• Each question included in the List of questions for oral answer will be in the name of one member only by virtue of his position in the ballot.

• Unless the Chairman otherwise directs, where a Member has given more than one notice of questions distinguished by an asterisk for same day, his question for the list of questions for oral answer shall be selected in the order indicated by the member and if no such order is indicated, any of these questions shall be placed on the list of questions for oral answer in the order in which notices are received in point of time.

Allotment of days for questions • The time available for answering questions shall be allotted on

different days in rotation for the answering of questions relating to such Ministry or Ministries as the Chairman may, from time to time, provide, and on each such day, unless the Chairman with the consent of the Minister concerned otherwise directs, only questions relating to the Ministry or Ministries for which time on that day has been allotted shall be placed on the list of questions for oral answers.

Starred questions not replied orally • If any question placed on the list of questions for oral answers on any

day is not called for answer within the time available for answering questions on that day, a written answer to such a question shall be deemed to have been laid on the Table by the Minister concerned at the end of the question hour or as soon as the questions for oral answers have been disposed of, as the. case may be:

• Provided that if a member on being called by the Chairman states that it is not his intention to ask the question standing in his name, the question shall be treated as having been withdrawn and no written answer shall be deemed to have been laid on the Table.

Questions to private members • A question may be addressed by a member to a private

member provided the subject matter of the question relates to some Bill, resolution or other matter connected with the business of the Council for which that member is responsible and the procedure in regard to such questions shall, as far as may be, be the same as that followed in the case of questions addressed to a Minister with such variations as the Chairman may consider necessary or convenient.

Conditions of admissibility of questions • Subject to the provisions of sub-rule (2) of this rule, a

question may be asked for the purpose of obtaining information on a matter of public importance within the special cognizance of the Minister to whom it is addressed.

• The right to ask a question is governed by the following conditions:- – it shall be pointed, specific and confined to one issue only; – it shall not bring in any name or statement not strictly necessary to

make the question intelligible; – if it contains a statement the member shall make himself responsible for

the accuracy of the statement; – it shall not contain arguments, inferences, ironical expressions,

imputations, epithets or defamatory statements; – it shall not ask for an expression of opinion or the solution of an abstract

legal question or of a hypothetical proposition; – it shall not ask as to the character or conduct of any person except in his

official or public capacity; – it shall not exceed 100 words; – it shall not relate to a matter which is not primarily the concern of the

Government of India; – it shall not ordinarily ask for information on matters which are under

the consideration of a Parliamentary Committee; – it shall not ask about proceedings in a Parliamentary Committee which

have not been placed before the Council by a report from the Committee;

– it shall not reflect on the character or conduct of any person whose conduct can only be challenged on a substantive motion;

– it shall not make or imply a charge of a personal character; – it shall not raise questions of policy too large to be dealt within the limits of an

answer to a question; – it shall not repeat in substance questions already answered or to which an

answer has been refused; – it shall not ask for information on trivial matters; – it shall not ordinarily seek information on matters of past history;– it shall not require information set forth in accessible documents or in ordinary

works of reference;– it shall not raise matters under the control of bodies or persons not primarily

responsible to the Government of India; – it shall not ask for information on a matter which is under adjudication by a

court of law having jurisdiction in any part of India; – it shall not relate to a matter with which a Minister is not officially connected; – it shall not refer discourteously to a friendly foreign country; – it shall not seek information about matters which are in their nature secret.

Questions on matters of correspondence between the Government of India and the Government of a State

• In matters which are or have been the subject of correspondence between the Government of India and the Government of a State, no question shall be asked except as to matters of fact, and the answer shall be confined to a statement of fact.

Chairman to decide admissibility • (1) The Chairman shall decide whether a question or a part thereof

is or is not admissible under these rules and may disallow any question or a part thereof when in his opinion it is an abuse of the right of questioning or calculated to obstruct or prejudicially affect the procedure of the Council or is in contravention of these rules.

• (2) Subject to the provisions of rule 44, the Chairman may direct that a question be placed on the list of questions for answers, on a date later than that specified by a member in his notice, it he is of the opinion that a longer period is necessary to decide whether the question is or is not admissible.

Chairman to decide if a question is to be answered orally • It in the opinion of the Chairman any question put down for oral answer is

of such a nature that a written reply would be more appropriate, the Chairman may direct that such question be placed in the list of questions for written answers:

• Provided that the Chairman may, if he thinks fit, call upon the member who has given notice of a question for oral answer to state in brief his reasons for desiring an oral answer and, after considering the same give his direction.

List of questions • Questions, which have not been disallowed, shall be entered in the list of

questions for the day for oral or written answers, as the case may be, in accordance with the orders of the Chairman.

Limit on number of questions for oral and written answers • The total number of questions to be included in the lists of questions for

oral and written answers for any one day shall be limited to 175 including 15 questions for oral answers, questions-postponed from one list of questions to another for written answers and fifteen questions pertaining to the States under the President's Rule.

Order of calling questions • Questions for oral answers shall be called, if the time made

available for questions permits, in the order in which they stand in the list before any other business is entered upon at the meeting:

• Provided that a question not reached for oral answer may be answered after the end of the Question Hour with the permission of the Chairman if the Minister represents to the Chairman that the question is one of special public interest to which he desires to give a reply.

Withdrawal or postponement of questions • A member may, by notice given at any time before the meeting for

which his question has been placed on the list, withdraw his question, or postpone it to a later day to be specified in the notice, and on such later day the question shall, subject to the provisions of rule 44, be placed on the list after all questions which have not been so postponed:

• Provided that a postponed question shall not be placed on the list until two clear days have expired from the time when the notice of postponement has been received by the Secretary-General.

Mode of asking questions • When the time for asking questions, arrives, the

Chairman shall call successively each member in whose name a question appears in the list of questions.

• The member so called shall rise in his place and unless he states that it is not his intention to ask the question standing in his name, he shall ask the question by reference to its number in the list of questions.

• If on a question being called it is not put or the member in whose name it stands is absent, the Chairman shall direct that the answer to it be given.

Supplementary questions • (1) No discussion shall be permitted during the time for questions under rule 38 in

respect of any question or of any answer given to a question. • (2) Any member when called by the Chairman may put a supplementary question

for the purpose of further elucidating any matter of fact regarding which an answer has been given:

• Provided that the Chairman shall disallow any supplementary question, if, in his opinion, it infringes the rules regarding questions.

Answers not to refer to proceedings in House • An answer to a question in the Council shall not refer to the answer to a question

or proceedings in the House during a current session. Short notice questions • (1) A question relating to a matter of public importance may be asked with shorter

notice than fifteen clear days and if the Chairman is of opinion that the question is of an urgent character he may direct that an enquiry may be made from the Minister concerned if he is in a position to reply and, if so, on what date.

• If the Minister concerned is in a position to reply, such question shall be answered on a day to be indicated by him and at the time to be determined by the Chairman.

• If the Minister is not in a position to answer the question at short notice and the Chairman is of opinion that the question is of sufficient public importance to be orally answered in the Council, he may direct that the question be placed as the first question on the list of questions for the day on which it would be due for answer under rule 39:

• Provided that not more than one such question shall be accorded first priority on the list of questions for any one day.

• Where a member desires an oral answer to a question at shorter notice, he shall briefly state the reasons for asking the question with short notice. Where no reasons have been assigned in the notice of the question, the question shall be returned to the member.

• The member who has given notice of the question shall ask the question by reference to its number on the list of questions when called by the Chairman and the Minister concerned shall give a reply immediately.

• In other respects, the procedure for short notice questions shall be the same as for ordinary questions for oral answers, with such modifications as the Chairman may consider necessary or convenient.

No publicity answers to questions in advance

• Answers to questions which Ministers propose to give in the Council shall not be released for publication until the answers have actually been given on the floor of the Council or laid on the Table.

RAJYA SABHA QUESTIONS & ANSWERS GROUPING OF MINISTRIES• For the purpose of answering question in Rajya Sabha, Ministries of the

Government of India have been divided into five groups, i.e, I,II.III,IV and V and these groups have been allotted Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, respectively. The grouping is done in such a way that each Minister has one day fixed in the week for answering questions in Rajya Sabha and another fixed day in the week for answering questions in Lok Sabha

• Changes are introduced in the grouping of Ministries according to the changes in the restructuring of Ministries or due to a reshuffle in the portfolios of Ministries or other relevant reasons. Since there are some Ministries about which more questions are tabled, grouping is done in such a way that as far as practicable, each group has approximately the same number of questions on a day on average. The Ministries which attract a large number of questions are not usually bunched together.

Legislative Functions of Rajya SabhaWhat is a Bill

• A Bill is a draft statute which becomes law after it is passed by both the Houses of Parliament and assented to by the President.

• All legislative proposals are brought before Parliament in the forms of Bills.

Types of Bills and their Specific Features

• Bills may be broadly classified into Government Bills and Private Members’ Bills depending upon their initiation in the House by a Minister or a Private Member.

• Content wise, Bills are further classified into

- Original Bills which embody new proposals, ideas or policies,

- Amending Bills which seek to modify, amend or revise existing Acts,

- Consolidating Bills which seek to consolidate existing law/enactments on a particular subject,

- Expiring Laws (Continuance) Bills which seek to continue Acts which, otherwise, would expire on a specified date,

- Repealing and amending Bill to cleanse the Statute Book,

- Validating Acts to give validity to certain actions,

• Bills to replace Ordinances,

• Money and Financial Bills, and

• Constitution Amendment Bills.

However, procedurally, the Bills are classified as • Ordinary Bills• Money Bills and Financial Bills • Ordinance Replacing Bills and • Constitution Amendment Bills. • Money Bills are those Bills which contain only provisions dealing

with all or any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 of the Constitution.

• Financial Bills can be further classified as Financial Bills Categories A and B. Category A Bills contain provisions dealing with any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 and other matters and Category B Bills involve expenditure from the Consolidated Fund of India.

(Article 110(1) in The Constitution Of India 1949)

• For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely

• (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;(c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;(d) the appropriation of moneys out of the consolidated Fund of India;(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or(g) any matter incidental to any of the matters specified in sub clause (a) to (f)

• Except Money Bills and Financial Bills, Category A, which can be introduced only in the Lok Sabha, a Bill may originate in either House of Parliament.

• Financial Bill Category A can only be introduced in the Lok Sabha on the recommendation of the President. However once it has been passed by the Lok Sabha, it is like an ordinary Bill and there is no restriction on the powers of the Rajya Sabha on such Bills.

• Financial Bill Category B and Ordinary Bills can be introduced in either House of Parliament.

• Ordinance replacing Bills are brought before Parliament to replace an Ordinance, with or without modifications, promulgated by the President under article 123 of the Constitution of a subject.

• To provide continuity to the provisions of the Ordinance, such a Bill has to be passed by the Houses of Parliament and assented to by the President within six weeks of the reassembly of Parliament.

• As per the procedure laid down in the Constitution, Constitution Amendment Bills can be of three types viz., (i) requiring simple majority for their passage in each

House;(ii) requiring special majority for their passage in each

House i.e., a majority of the total membership of a House and by a majority of not less than two-thirds of the members of that House present and voting (article 368); and (iii) requiring special majority for their passage and

ratification by Legislatures of not less than one-half of the States by resolutions to that effect passed by those Legislatures (proviso to clause (2) of article 368). A Constitution Amendment Bill under article 368 can be introduced in either House of Parliament and has to be passed by each House by special majority.

• Under provisions of article 108 of the Constitution, if after a Bill passed by one House and transmitted to the other House:- (a) is rejected by the other House; or

(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or

(c) more than six months elapse from the date of its receipt by the other House without the Bill being passed by it, the President may, unless the Bill has elapsed by reason of a dissolution of the Lok Sabha, summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill. If at the joint sitting of the two Houses, the Bill, with such amendments, if any, as are agreed to in joint sitting is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed to have been passed by both Houses. However there is no provision of joint sittings on a Money Bill or a Constitution Amending Bill.

• After the dissolution of Lok Sabha all Bills except the Bills introduced in the Rajya Sabha and pending therein, lapse.

Law making process (How a Bill becomes an Act)

A Bill undergoes three readings in each House of Parliament.

• The First Reading consists of the Introduction of a Bill. The Bill is introduced after adoption of a motion for leave to introduce a Bill in either of the House. With the setting up of the Department-related Parliamentary Standing Committees, invariably all Bills, barring Ordinance replacing Bills; Bills of innocuous nature and Money Bills, are referred to the these Committees for examination and report within three months.

• The next stage on a Bill i.e., second reading start only after the Committee summits its report on the Bill to the Houses. The Second Reading consists of two stages: the ‘first stage’ consists of discussion on the principles of the Bill and its provisions generally on any of the following motions: that the Bill be taken into consideration; that the Bill be referred to a Select Committee of the Rajya Sabha; that the Bill be referred to a Joint Committee of the Houses with the concurrence of the Lok Sabha; that it be circulated for the purpose of eliciting opinion thereon; and the ‘second stage’ signifies the clause-by clause consideration of the Bill as introduced or as reported by the Select/Joint Committee. Amendments given by members to various clauses are moved at this stage.

• The Third Reading refers to the discussion on the motion that the Bill (or the Bill as amended) be passed or returned (to the Lok Sabha, in the case of a Money Bill) wherein the arguments are based against or in favour of the Bill. After a Bill has been passed by one House, it is sent to the other House where it goes through the same procedure. However the Bill is not again introduced in the other House, it is laid on the Table of the other House which constitutes its first reading there.

• (ii) After a Bill has been passed by both Houses, it is presented to the President for his assent. The President can assent or withhold his assent to a Bill or he can return a Bill, other than a Money Bill, for reconsideration. If the Bill is again passed by the Houses, with or without amendment made by the President, he shall not withhold assent there from. But, when a Bill amending the Constitution passed by each House with the requisite majority is presented to the President, he shall give his assent thereto.

• A Bill becomes an Act of Parliament after being passed by both the Houses of Parliament and assented to by the President.

CODE OF CONDUCT FOR MEMBERS OF RAJYA SABHA

• The Members of Rajya Sabha should acknowledge their responsibility to maintain the public trust reposed in them and should work diligently to discharge their mandate for the common good of the people.

• They must hold in high esteem the Constitution, the Law, Parliamentary Institutions and above all the general public.

• They should constantly strive to translate the ideals laid down in the Preamble to the Constitution into a reality. The following are the principles which they should abide by in their dealings:

• (i) Members must not do anything that brings disrepute to the Parliament and affects their credibility.

• (ii) Members must utilise their position as Members of Parliament to advance general well-being of the people.

• (iii) In their dealings if Members find that there is a conflict between their personal interests and the public trust which they hold, they should resolve such a conflict in a manner that their private interests are subordinated to the duty of their public office.

• (iv) Members should always see that their private financial interests and those of the members of their immediate family do not come in conflict with the public interest and if any such conflict ever arises, they should try to resolve such a conflict in a manner that the public interest is not jeopardised.

• Members should never expect or accept any fee, remuneration or benefit for a vote given or not given by them on the floor of the House, for introducing a Bill, for moving a resolution or desisting from moving a resolution, putting a question or abstaining from asking a question or participating in the deliberations of the House or a Parliamentary Committee.

• Members should not take a gift which may interfere with honest and impartial discharge of their official duties. They may, however, accept incidental gifts or inexpensive mementoes and customary hospitality.

• Members holding public offices should use public resources in such a manner as may lead to public good.

• If Members are in possession of a confidential information owing to their being Members of Parliament or Members of Parliamentary Committees, they should not disclose such information for advancing their personal interests.

• Members should desist from giving certificates to individuals and institutions of which they have no personal knowledge and are not based on facts.

• Members should not lend ready support to any cause of which they have no or little knowledge.

• Members should not misuse the facilities and amenities made available to them.

• Members should not be disrespectful to any religion and work for the promotion of secular values.

• Members should keep uppermost in their mind the fundamental duties listed in part IVA of the Constitution.

• Members are expected to maintain high standards of morality, dignity decency and values in public life

COMMITTEES OF RAJYA SABHAGENERAL INFORMATION

• Parliamentary Committees play a vital role in the Parliamentary System. They are a vibrant link between the Parliament, the Executive and the general public. The need for Committees arises out of two factors, the first one being the need for vigilance on the part of the Legislature over the actions of the Executive, while the second one is that the modern Legislature these days is over-burdened with heavy volume of work with limited time at its disposal.

LIST OF PARLIAMENTARY STANDING COMMITTEES WHICH FUNCTION IN RAJYA SABHA

Sl. No. Name of the Committee No. of members 1. Business Advisory Committee 112. Committee on Papers Laid on the Table 103. Committee on Petitions 104. Committee of Privileges 105. Committee on Rules 166. Committee on Subordinate Legislation 157. Committee on Government Assurances 108. General Purposes Committee Not fixed9. House Committee 1010. Ethics Committee 1011. Committee on Provision of Computers 7

for Members of Rajya Sabha12. Committee on MPLADS 10

• Normally the Committees mentioned at Serial Nos. 1 to 9 are re-constituted every year but each one of them continues to hold office until a new Committee is nominated. The Committees at Serial Nos. 10 to 12 on the other hand generally continue with the vacancies arising therein from time to time being filled in.

• The functions, etc. of each of these Committees are described below in brief:—

• Business Advisory Committee— This Committee recommends the time that should be allocated for the discussion of the stage or stages of such Government Bills and other business as the Chairman in consultation with the Leader of the House may direct for being referred to the Committee. The Committee also recommends the time that should be allocated for the discussion of stage or stages of private Members' Bills and Resolutions. It has the power to indicate in the proposed time-table the different hours at which the various stages of the Bill or other business are to be completed. The Committee performs such other functions as may be assigned to it by the Chairman from time to time. The time-table in regard to the business of the Rajya Sabha as settled by the Committee, is reported by the Chair to the House, which is then notified in Rajya Sabha Parliamentary Bulletin Part- II

• Committee on Papers Laid on the Table— The function of the Committee is to consider, after a paper is laid before the Council by a Minister whether :- (a) there has been compliance with the provisions of the Constitution or an Act of Parliament or any other law, rule or regulations in pursuance of which the paper has been so laid; (b) there has been any unreasonable delay in laying the paper before the Council and if so, whether a statement explaining the reasons for such delay has also been laid before the Council along with the paper and whether those reasons are satisfactory; and (c) the paper has been laid before the Council both in English and Hindi and if not, whether a statement explaining the reasons for not laying the paper in Hindi has also been laid before the Council along with the paper and whether those reasons are satisfactory. The Committee performs such other functions in respect of the papers laid on the Table as may be assigned to it by the Chairman from time to time. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or, in his absence, by any member of the Committee.

• Committee on Petitions—The functions of the Committee are: (a) to examine every petition referred to it, and if the petition complies with the rules, to direct that it be circulated in extensor or in summary form, as the case may be; and (b) to report to the House on specific complaints made in the petition after taking such evidence as it deems fit and to suggest remedial measures, either in a concrete form applicable to the case under consideration or to prevent recurrence of such case. The reports of the Committee are presented to the House by the Chairman of the Committee or in his absence by any member, of the Committee from time to time.

• Committee of Privileges— The Committee examines every question of privilege referred to it either by the House or by the Chairman and determines with reference to the facts of each case, whether a breach of privilege is involved and, if so, the nature of the breach, the circumstances leading to it and makes such recommendations as it deems fit. The Committee can also report to the House the procedure that may be followed by the House in giving effect to the recommendations made by the Committee. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee, or in his absence by any member of the Committee. After the report is presented, a motion for consideration of the report may be moved by the Chairman of the Committee, or any other member of the Committee. Any member may give notice of amendment to the motion for consideration of the report in such form as may be considered appropriate by the Chairman. After the motion for consideration of the report has been carried, the Chairman or any member of the Committee or any other member, as the case may be, may move that the House agrees or disagrees or agrees with amendments, with the recommendations contained in the report

• Committee on Rules—— The Committee considers matters of procedure and conduct of business in Rajya Sabha and recommends any amendments or additions to the rules that may be deemed necessary. Reports of the Committee are presented to the House from time to time by the Deputy Chairman or in his absence by any member of the Committee. After a report is presented, a motion for consideration of the report may be moved by the Deputy Chairman or in his absence by a member of the Committee designated by the Chairman. By giving prior notice members can move amendments to the motion for consideration of the report. After the motion for consideration of the report has been carried, the Deputy Chairman, or in his absence any member of the Committee designated by the Chairman may move that the House agrees, or agrees with amendments, with the recommendations contained in the report.

• Committee on Subordinate Legislation—— The functions of the Committee are to scrutinise and report to Rajya Sabha whether the powers to make rules, regulations, bye-laws, scheme or other statutory instruments conferred by the Constitution or delegated by Parliament are being properly exercised within such conferment or delegation, as the case may be. The Committee examines such rule, regulation, bye-law, scheme or other statutory instrument framed in pursuance of the Constitution or the legislative functions delegated by Parliament to a subordinate authority, irrespective of the fact whether it is required to be laid before the House or not and, in particular, considers: (a) whether it is in accord with the general objects of the Constitution, or the Act pursuant to which it is made; (b) whether it contains matter which in the opinion of the Committee should more properly be dealt within an Act of Parliament; (c) whether it contains imposition of any tax; (d) whether it directly or indirectly bars the jurisdiction of the Courts; (e) whether it gives retrospective effect to any of the provisions in respect of which the Constitution or the Act pursuant to which it is made does not expressly give any such power; (f) whether it involves expenditure from the Consolidated Fund of India or the public revenues; (g) whether it appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made; (h) whether there appears to have been unjustifiable delay in its publication or in laying it before Parliament; and (i) whether for any reason its form or purport calls for any elucidation.

• The Committee examines Bills which seek to delegate powers to make rules, regulations, bye-laws, etc. or amend earlier Acts delegating such powers, with a view to seeing whether suitable provisions for the laying of the rules, regulations, etc. before Parliament have been made therein. The Committee also examines representations made to it in regard to rules, regulations, bye-laws, etc. made or required to be made under an Act. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or in his absence, by any member of the Committee.

• Committee on Government Assurances—— The functions of the Committee are: (a) to scrutinise the assurances, promises, undertakings, etc. given by Ministers from time to time on the floor of the House during Question Hour as also during discussion on Bills, Resolutions, Motions, Calling Attention notices, etc.; and (b) to report to the House on the extent to which such assurances, promises, undertakings, etc. have been fully or satisfactorily implemented, and when implemented, whether such implementation has taken place within the minimum time necessary for the purpose or whether there has been an inordinate delay in the implementation of assurances and if so, the reasons therefor. The Committee determines its own procedure in connection with all matters relating to the consideration of any question of assurances, promises, undertakings, etc. by it. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or, in his absence, by any member of the Committee

• General Purposes Committee——The General Purposes Committee consists of the Chairman, the Deputy Chairman, members of the panel of Vice-Chairmen, Chairmen of all Parliamentary Standing Committees of Rajya Sabha, Leaders of recognised parties and groups in Rajya Sabha and such other members as may be nominated by the Chairman. The Chairman, Rajya Sabha, is the ex-officio Chairman of the Committee. The functions of the Committee are to consider and advise on such matters concerning the affairs of the House as may be referred to it by the Chairman from time to time.

• House Committee——The functions of the Committee are (i) to deal with all questions relating to the allotment of residential accommodation to Members of Rajya Sabha and to exercise supervision over facilities for accommodation so allotted and other amenities given to Members in their residences and hostels in Delhi/New Delhi; and (ii) to make appropriate recommendations in regard to matters of common interest to Members of both Houses of Parliament pertaining to their residences and other amenities. For this, it is a practice that the Chairmen of the House Committees of Lok Sabha and Rajya Sabha confer together.

• Committee on Ethics——With the incorporation of rules relating to the Committee on Ethics in the Rules of Procedure and Conduct of Business in the Council of States w.e.f. July 20, 2004, the mandate of the Committee was widened to, apart from overseeing the moral and ethical conduct of Members, preparing a Code of Conduct for Members and to suggest amendments or additions therein from time to time in the form of reports to the Council; examining cases concerning the alleged breach of Code of Conduct by Members as also cases concerning allegations of any other ethical misconduct of Member; and tendering advice to Members from time to time on questions involving ethical standards either suo-motu or on receiving specific requests. The Committee was also bestowed with the power to recommend imposition of sanctions such as censure, reprimand, suspension from the Council for a specific period and any other sanction for proven unethical behaviour or other misconduct and contravention of the Code of Conduct / rules on the part of the Members. The Committee consists of 10 Members and as per practice, the Leaders of top ten parties as per their numerical strength in the House are generally nominated to be the members of the Committee and in case the Leaders happen to be Ministers then the choice is extended to the Deputy Leaders of the parties. The Chairman is appointed from amongst the Members of the Committee. The reports of the Committee are presented to the House from time to time by the Chairman of the Committee or, in his absence, by any other Member of the Committee authorized by the Committee.

• Committee on Provision of Computers to Members of Rajya Sabha——This Committee was first constituted by the Chairman, Rajya Sabha on the 18th March, 1997 and has continued since then with vacancies therein being filled from time to time or the Committee being re-constituted as and when required. The Deputy Chairman of Rajya Sabha is the Chairman of the Committee. The Committee goes into all aspects relating to supply of Computers to Members of Rajya Sabha. It also reviews the hardware and software requirements of Members.

• Committee on Members of Parliament Local Area Development Scheme——Since a large number of complaints were being received from Members about non-implementation of various items of work under the Members of Parliament Local Area Development (MPLAD) Scheme, it was felt that there should be some effective monitoring mechanism so that proper and quick implementation of projects under MPLAD Scheme could be achieved. With this objective in view, a ten-member Committee was constituted in Rajya Sabha on the 5th September, 1998. The Deputy Chairman of Rajya Sabha is the Chairman of this Committee.

These Committees are entrusted with the following functions: -

(a) to consider the Demands for Grants of the related Ministries/Departments and report thereon. The report shall not suggest anything of the nature of cut motions;

(b) to examine Bills, pertaining to the related Ministries/Departments, referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon

(c) to consider the annual reports of the Ministries/Departments and report thereon; and (d) to consider national basic long term policy documents presented to the Houses, if referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon.

• Provided that the Standing Committees shall not consider matters of day-to-day administration of the related Ministries/ Departments.

INTERRUPTIONS:• Nobody to speak when Chairman/Speaker speaks.• Interruptions to be avoided in the middle of a member’s speech • To interrupt a Minister repeatedly, is un-parliamentary• A member cannot obstruct the Minister merely because he differs

in his viewpoint with the Minister.• Members should not interrupt the Leader of the House• No point of order to be raised when there are interruptions in the

House• Interrupting the President when he is addressing the members of

both Houses assembled together is unbecoming of Members of Parliament

• Question Hour is not to be interrupted to discuss matters not relevant to the question hour

• LANGUAGE:• Language of a calling attention notice not to be changed

ordinarily• Members can speak in their mother tongue if they do not

know either Hindi or English• Prior notice required if a member wishes to speak in a

language other than Hindi or English• Members should not use language which would hurt others• Members must use proper language• Both English and Hindi versions of the papers are to be laid

on the table• Both the English and the Hindi versions of the President’s

Address are to be laid on the Table• When a question is put in English, the reply can be given in

Hindi • Questions should be answered either in English or Hindi

LEADER OF THE COUNCIL:• Members should not interrupt the Leader of the

House • A statement by the Leader of the House has to be

accepted as to whether an assurance had or had not been given earlier on behalf of the Government

• Leader of the Council in that capacity or in his capacity as Minister cannot be asked to be present in the other House to answer charges in connection with his observations or remarks made in the Council

LIST OF BUSINESS:• A calling attention should be read exactly as given in the list of

business• Members cannot raise any matter not on the order paper of the

day without the previous concurrence of the Chairman • Discussion in the House is held as per the list of business and

discussion other than that, if any, may be allowed only if the Chairman permits

• Use of term Lok Sabha and Rajya Sabha is in order only the listed business is to be taken up.

• A matter relating to the Speaker of Lok Sabha cannot be raised in the House

• Question cannot be taken up if the Member, who has to put the question is not present in the House

• Member in whose name the question is listed for oral answer should be present in the House during question hour and in case he/she is not coming Chairman must be informed and some other member may be authorised to ask the question.

• Names of persons who cannot defend themselves in the House should not be mentioned

SUB JUDICE MATTERS:• Objection to motion for consideration of a Bill as passed by

Lok Sabha, in connection with the required forty-eight hours notice, legislative competence and the subject-matter of the Bill being sub judice can be over ruled by the Chair

• Members should not ask about the facts on which a judicial inquiry has to give its findings, but they may ask about the accepted facts, if any.

• The Minister may or may not answer & cannot be compelled to answer on sub judice matters

• A sub judice matter should not be referred to in the House & cannot be allowed for discussion

SUSPENSION:• A member can be suspended from the House for a fixed period by

adopting a motion.

ZERO HOUR:• Prior permission of the Chair should be obtained about matters to

be raised during zero hour• The admissibility of a notice to raise an issue during zero hour is

decided by the Chairman and his decision is final• Notice for zero hour mentions should be given before ten o’ clock• Only three minutes are to be allotted to each issue raised during

the zero hour• Every member should conclude his speech within three minutes

during zero hour• ‘Zero hour’ is not provided in the Rules; the Chair, however,

permits members to mention important matters concerning the House during this time

• The issues raised in the House during zero hour are first considered and decided by the Chairman in his Chamber

• Zero hour ends with the adjournment of the House

• The Government is not bound to reply during the zero hour

• Minister cannot reply during zero hour

RAJYA SABHA SECRETARIAT

FUNCTIONS• The Rajya Sabha Secretariat functions under the overall guidance and control

of the Chairman, Rajya Sabha. The main activities of the Secretariat inter alia include the following :-

(i) providing secretarial assistance and support to the effective functioning of the Council of States (Rajya Sabha);

(ii) payment of salary and other allowances to the Members of Rajya Sabha; (iii) providing amenities as admissible to Members of Rajya Sabha; (iv) servicing the various Parliamentary Committees; (v) preparing research and reference material and bringing out

various publications; (vi) recruitment of manpower in the Rajya Sabha Secretariat and attending

to personnel matters; and (vii) preparing and publishing a record of the day-to-day proceedings of the

Rajya Sabha and bringing out such other publications, as may be required concerning the functioning of the Rajya Sabha and its Committees.