Oath and Affirmation of Rajya Sabha Members

Why in News?

Hon’ble Chairman of Rajya Sabha administered oath/affirmation to 19 newly elected/re‑elected Members in the Rajya Sabha.

• Election Method - Rajya Sabha members are elected indirectly by elected members of State Legislative Assemblies (Article 80).
• Eligibility
  • Candidate must be a citizen of India.
  • Must be at least 30 years old.
  • Must be an elector for a parliamentary constituency.
• Chairman – Vice‑President of India, Ex‑officio Chairman (Article 89).
• Maximum Strength – 250 members (238 elected + 12 nominated).
  • It has now 245 members, with 233 representing states/UTs and 12 nominated by the President.

Currently, only Delhi (3 seats), Puducherry (1 seat), and Jammu & Kashmir (4 seats) have representation in the Rajya Sabha among Union Territories.

• Term - It is a permanent body where one-third of members retire every 2 years, each serving a 6-year term.
• Casual Vacancies – Filled through bye‑elections; new member serves remainder of term.
• System of Election – Proportional representation by Single Transferable Vote (STV).
• Allocation of Seats – Based on population, detailed in the 4^th Schedule
• Oath or Affirmation –
  • Constitutional Authority - Administered by the President of India or a person appointed by them.
  • In practice, this responsibility is usually delegated to the Chairman of the Rajya Sabha (the Vice-President of India).
  • Form of Oath - Prescribed under the Third Schedule of the Constitution.
  • Content - Article 99 - Members swear or affirm to:
    • Bear true faith and allegiance to the Constitution of India.
    • Uphold the sovereignty and integrity of India.
    • Faithfully discharge the duties upon which they are about to enter.
  • Members must take oath or affirmation before assuming their seat.
  • Language – Oath can be taken in English or any of the 22 languages listed in the Eighth Schedule.

• Restrictions Before Taking Oath
  • Until a member has made and subscribed the oath, they:
  • Cannot sit, participate, or vote in the House.
  • Are not eligible for parliamentary privileges and immunities.
  • Face a penalty of Rs.500 for every day they sit or vote without taking the oath (Article 104).

Reference

PIB | Rajya Sabha