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Which Act provided that the term of the members of Rajya Sabha shall be six years ?
Question

Which Act provided that the term of the members of Rajya Sabha shall be six years ?

A.

The Representation of the People Act (1951)

B.

People Representation Act (1953)

C.

Government of India Act (1935)

D.

Government of India Act (1919)

Correct option is A

The Representation of the People Act, 1951, is a comprehensive legislation enacted by the Indian Parliament to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership, and other related matters.

Specifically, the term of the members of the Rajya Sabha (the Upper House of Parliament) was provided under this Act. According to Section 154 of the Representation of the People Act, 1951, the term of office of a member of the Council of States (Rajya Sabha) is six years. However, one-third of the members retire every two years, ensuring the continuity of the house as a permanent body, unlike the Lok Sabha which dissolves every five years.

Thus, the correct answer is (a) The Representation of the People Act (1951).

Information Booster

1. The Government of India Act (1919)
Overview:
The Government of India Act of 1919 was an important milestone in India's constitutional development. It was enacted by the British Parliament in response to demands for constitutional reforms and to address the political issues of the time. It is also known as the Montagu-Chelmsford Reforms after the then Secretary of State for India, Edwin Montagu, and the Viceroy of India, Lord Chelmsford.

Key Provisions:
Diarchy System: Introduced the Diarchy system at the provincial level, which divided the functions of government into "reserved" and "transferred" subjects. The reserved subjects (like finance, law and order) were controlled by the British Governor, while the transferred subjects (like education, public health) were managed by Indian ministers.

Bicameral Legislature:

The central legislature was made bicameral, meaning it had two houses:
Council of States (Rajya Sabha) – The upper house.
Legislative Assembly (Lok Sabha) – The lower house.
Suffrage: Introduced a limited franchise with only a small proportion of the population being eligible to vote, based on property qualifications and education.

2. The Government of India Act (1935)

Overview:
The Government of India Act, 1935, was a major legislative step that aimed to address the demands for constitutional reforms and greater Indian participation in governance. It was passed by the British Parliament and was the longest single piece of legislation passed in the British Parliament.

Key Provisions:
Federal System: Established a federal structure of government, with a Central Government and Provincial Governments. However, it was never fully implemented as a federal system, as the provinces remained under British control.
Provincial Autonomy: Provinces were given more power to legislate on subjects in the Provincial List.

Central Legislative Assembly: Introduced a bicameral Federal Legislature, consisting of two houses:

Electoral Reforms: Expanded the electorate by allowing more people to vote, though voting rights were still limited by property and educational qualifications.
Control over Provinces: Despite provincial autonomy, the central government retained significant power over the provinces, especially through Governor’s powers.
Dyarchy at the Provincial Level: This system was retained in the provinces but was extended to more areas.

3. The Representation of the People Act (1951)
Overview:
The Representation of the People Act, 1951, was passed by the Indian Parliament to provide a framework for conducting elections to the Parliament and State Legislatures. It followed the Indian Constitution of 1950 and was intended to regulate elections and provide for the registration of voters, the qualifications for the membership of the Lok Sabha and Rajya Sabha, and the conduct of elections.

Key Provisions:
Conduct of Elections: The Act defines the procedure for elections to the Lok Sabha (House of the People), Rajya Sabha (Council of States), and Legislative Assemblies of the States.
Qualifications for Voting: It laid out the eligibility criteria for voters (e.g., citizenship, age of 21 years and above, and residency).
Electoral Boundaries: The Act created the procedure for the delimitation of constituencies for elections to the Parliament and State Assemblies.
Corrupt Practices: The Act defines corrupt practices during elections and provides for disqualification of candidates involved in corrupt practices.
Elections for Rajya Sabha: It stipulates the process for the election of members of the Rajya Sabha (upper house of Parliament) through the Single Transferable Vote method of proportional representation.
Election Tribunals: The Act established Election Tribunals to adjudicate electoral disputes.

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