The Rajya Sabha or Council of States is the Upper House of the Parliament of India. The Rajya Sabha or the Upper House of Parliament is modelled after the House of Lords in the United Kingdom.
Its Membership is limited to 250 members, in that 233 members are elected by the State elected MLAs and 12 are nominated by the President for their contributions to art, literature, science, and social services.
Tenure each Members sits for six years term, with one-third of the members retiring every two years.
While 534 Lok Sabha members are elected directly by the voters, Rajya Sabha members are elected , by the India states people elected MLAs.
The Vice-President is the chairperson of the Rajya Sabha, which is the final stop before a bill is sent for presidential assent.
Indian states and union territories has got limitation a state can send Rajya Sabha MPs depends on its population. Uttarpradesh the big population state in India can send 31 Rajyasabha MPs .
And other states that can send more than 15 MPs are Maharastra (19) Tamilnadu (18) westbengal(16) bihar(16)
According to Section 154 of the Representation of the People Act 1951, a member chosen to fill a casual vacancy will serve for the remainder of his predecessor’s term of office.
Members of a state’s Legislative Assembly vote in the Rajya Sabha elections in what is called proportional representation with the single transferable vote (STV) system. Each MLA’s vote is counted only once.
In this system, MLAs don’t vote for each seat. If that were the case, then only ruling party representatives would make it through.
Instead, the MLAs are given a paper with the names of all candidates. They have to give their order of preference for each candidate, marking 1,2,3… against their names.
If 10 or more members choose a candidate as their first choice, he/she gets elected.
The political party that has a majority in the state Assembly normally gets to send the maximum number of MPs to the Rajya Sabha.
Let’s take a example of a states which has three Rajya Sabha vacancies.
Let’s say Party A with 100 seats and Party B with 40 seats populate the 140-seat Assembly.
Both parties can field three candidates each for the three Rajya Sabha seats.
Now, to make it through, a candidate should get a certain number of votes. In this case, the total number of MLAs (140) is multiplied by 100.
This number is divided by the number of vacancies (3) plus 1. That brings us to 3,500.
This total number is added to 1. Since each MLA has 100 votes, a candidate would, in this case, need 3,501 votes or the backing of 36 MLAs to win.
The formula simply is [(Number of MLAs X 100) / (Vacancies + 1)] + 1.
Simply put, every candidate in the race requires one-fourth of the total number of votes plus one to get elected.
Each voter ranks his preferences and if the candidate who is the first choice has enough votes already or no chance of being elected, the vote is transferred to the second choice and so on.