हिंदी
As on today, of total 11 nominated RS members, 5 are members of BJP in the House
Chandigarh, February 1, 2024
Recently on 30 January 2024, vide a Notification issued by Union Ministry of Home Affairs published in Gazette of India, the President of India in exercise of powers conferred by sub-clause (a) of clause (1) of Article 80 of the Constitution of India, read with clause (3) of that Article, nominated Satnam Singh Sandhu, Founder Chancellor of a Private University in Punjab viz. Chandigarh University (SAS Nagar- Mohali) to the Council of States (Rajya Sabha) to fill the vacancy caused due to the retirement of one of the nominated members. Sandhu, who took Oath as Member of Rajya Sabha on 31 January 2024, would have a six-year tenure till Jan, 2030.
Meanwhile, Hemant Kumar, an Advocate at Punjab and Haryana High Court, told that Article 80 of Constitution of India provides for composition of the Rajya Sabha wherein it is mentioned that it shall also consist of twelve members to be nominated by the President in accordance with the provision of clause (3) which stipulates that the members to be nominated by the President 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.
Be that as it may, Hemant while sharing an interesting legal (read constitutional) point told that although a member elected to Rajya Sabha otherwise than as a candidate set up by any political party ( i.e. Independent MP) shall be disqualified for being a member of the House if he joins any political party after such election, but the situation is different in case of a Nominated member of Rajya Sabha.
Hemant while quoting Paragraph 2(1) of Tenth Schedule to the Constitution of India (commonly known as Anti-Defection Law) told that a Nominated member of the House shall, where he is a member of any political party on the date of his nomination as such member, shall be deemed to belong to such political party. In any other case, such Nominated member shall be deemed to belong to the political party of which he becomes, or as the case may be, first becomes a member before the expiry of six months from the date on which he takes his seat after complying with the requirements of Article 99 ( Oath or Affirmation by members). However it has been further provided in Paragraph 2(3) of Tenth Schedule to the Constitution of India that a Nominated member of a House shall be disqualified for being a member of the House, if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirement of Article 99.
Further, Hemant said as on date, five out of ten Nominated MPs of Rajya Sabha apart from newly nominated Satnam Singh Sandhu viz. Gulam Ali, Mahesh Jethmalani, Sonal Mansingh, Ram Shakal and Rakesh Sinha are members of ruling BJP in the House while rest of five Nominated MPs – Ranjan Gogoi, who has been former Chief Justice of India (CJI), Ilaiyaraaja, Dr. Dharmasthala Veerendra Heggade, P.T. Usha and V. Vijayendra Prasad are not members of any political party i.e. they are partyless nominated members) in the House as neither they were member of any political party at the time of their nomination to Rajya Sabha nor they exercised their option to join any political party in the House within 6 months of taking their seat ( i.e. after taking Oath or Affirmation) in the House.
Be that as it may, now it is upto Satnam Singh Sandhu if he would join ruling BJP or else any other political party in the House till 30 July 2024 i.e. till six months of his taking his seat in the House or else he would prefer to continue as party-less Nominated member of Rajya Sabha, quips Hemant.
