Composition of the Council of States

Article 67 (1) to (4), Draft Constitution 1948

(1) The Council of States shall consist of two hundred and fifty members of whom-

(a) Fifteen members shall be nominated by the President in the manner provided in clause (2) of this article; and

(b) The remainder shall be representatives of the States:

Provided that the total number of representatives of the States for the time being specified in Part III of the First Schedule shall not exceed forty per cent of this remainder.

(2) The members to be nominated by the President under sub-clause (a) of clause (1) of this article shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely,-

(a) Literature, art, science and education;

(b) Agriculture, fisheries and allied subjects;

(c) Engineering and architecture;

(d) Public administration and social services.

(3) The representatives of each State for the time being specified in Part I or Part III of the First Schedule in the Council of States shall-

(a) Where the Legislature of the State has two Houses, be elected by the elected members of the Lower House;

(b) Where the Legislature of the State has only one House, be elected by the elected members of that House; and

(c) Where there is no House of the Legislature for the State, be chosen in such manner as Parliament may by law prescribe.

(4) The representatives of the States for the time being specified in Part II of the First Schedule in the Council of States shall be chosen in such manner as Parliament may by law prescribe.

Article 80, Constitution of India 1950

(1) The Council of States shall consist of—

(a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and

(b) not more than two hundred and thirty-eight representatives of the States.

⁠(2) The allocation of seats in the Council of States to be filled by representatives of the States shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.

⁠(3) The members to be nominated by the President under sub-clause (a) of clause (1) 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.

⁠(4) The representatives of each State specified in Part A or Part B of the First Schedule in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.

⁠(5) The representatives of the States specified in Part C of the First Schedule in the Council of States shall be chosen in such manner as Parliament may by law prescribe.

Draft Article 67 (1) to (4) (Article 80) was debated on 3 January and 17 October 1949. It laid down the composition of the Council of States.

A member moved an amendment to delete clause 2. He believed that members to the Parliament must only be elected, not nominated. Nominations adversely affect the ‘internal symmetry of the Legislative bodies’. Moreover, the categories of interests from where persons could be nominated were ‘not quite consistent intrinsically, logical or scientific’. Another member argued that indirect election or nomination should not find a place in the Constitution. If the intention behind clause 2 was to rope in talented and intelligent persons to the Councils, this could be achieved through regular elections as well. Alternatively, the House could set up a board of advisors with meritorious members to aid legislative business.

There was another proposal to constitute a ‘Consultative Council’ with representatives from various sectors including agriculture, industry, commerce etc. This Council would not have any administrative or executive powers. It would be entrusted with the responsibility of examining legislative proposals before being taken up by the Parliament. The Chairman of the Drafting Committee found this proposal to be unnecessary. He argued that as a matter of policy, the Government anyway consulted experts before introducing any law in the Parliament.

The Chairman of the Drafting Committee moved an amendment to decrease the nominated members from 15 to 12. This was accepted, along with certain other amendments moved by the Drafting Committee, and the Draft Article was adopted on 4 January 1949. The Assembly accepted a few more amendments on 17 October 1949.