Maarg Manthan · Topic 28.4

Fourth Schedule: Allocation of Seats in the Rajya Sabha

Indian Polity › Schedules of the Constitution · Topic 28.4

The Fourth Schedule allocates Rajya Sabha seats to the states by population and to three Union Territories, within a present strength of 245 (225 states, 8 Union Territories, 12 nominated), changeable by ordinary law under Article 4.

5 min read · UPSC Prelims · Polity · Schedules of the Constitution

At a Glance

What it is Allocation of Rajya Sabha seats to the states and Union Territories
Articles 4 and 80
Present strength 245 members
Amended by Simple majority (Article 4)
Exam link UPSC Prelims, Polity: Schedules of the Constitution

Where Does It Fit?

This is the fourth topic of the category on the Schedules of the Constitution. The Fourth Schedule deals with the allocation of seats in the Rajya Sabha to the states and Union Territories. Together with Article 80, it fixes how the upper house of Parliament is composed.

Strength and Composition

At present the Rajya Sabha has 245 members. Of these, 225 represent the states, 8 represent the Union Territories and 12 are nominated by the President. The maximum strength under Article 80 is 250, of which 238 are representatives of the states and Union Territories and 12 are nominated. The Fourth Schedule apportions seats among the states and Union Territories.

Category	Members
States	225
Union Territories	8
Nominated by the President	12
Present total	245

Representation of States

The representatives of the states are elected by the elected members of the state legislative assemblies in accordance with the system of proportional representation by means of the single transferable vote. Seats are allotted to the states on the basis of population, so the number varies from state to state. For example, Uttar Pradesh has 31 members while Tripura has 1 member only. Among other states, Tamil Nadu has 18, Bihar and West Bengal each 16, Andhra Pradesh 11, Assam 7, Telangana 7, Chhattisgarh 5, Uttarakhand 3, and Arunachal Pradesh, Goa and Tripura 1 each. In the United States all states have equal representation in the Senate irrespective of population: 100 members, 2 from each of 50 states.

Representation of Union Territories

The representatives of each Union Territory in the Rajya Sabha are indirectly elected by the members of an electoral college specially constituted for the purpose, again by proportional representation by the single transferable vote. Of the eight Union Territories, only three, Delhi, Puducherry and Jammu and Kashmir, have representation in the Rajya Sabha, since the populations of the other five are too small.

Nominated Members

The President nominates 12 members to the Rajya Sabha from people having special knowledge or practical experience in art, literature, science and social service. The rationale is to provide eminent persons a place in the house without going through the process of election. The American Senate has no nominated members, and the Lok Sabha has no nominated members at present, since the special representation of the Anglo-Indian community by nomination ceased on 25 January 2020 after the 104th Amendment Act, 2019.

Feature	Detail
Presiding officer	Vice-President as ex-officio Chairman; Deputy Chairman elected by the members
Minimum age to be a member	30 years (Article 84)
Term	Six years, with one-third of members retiring every second year
Dissolution	Not subject to dissolution; a continuing chamber
Resignation of a member	To the Chairman of the Rajya Sabha

Because the seats are fixed in the Fourth Schedule while the Lok Sabha seats are revised after each census, the Rajya Sabha represents the states as units of the federation in a way that changes only when the Schedule is amended by Parliament, which makes the upper house a stable and continuing federal forum.

Why Article 4 Matters

Article 4 provides that laws made under Articles 2 and 3 to amend the First Schedule and the Fourth Schedule are not constitutional amendments under Article 368. So when a new state is created, Parliament can adjust its representation in the Rajya Sabha by the same ordinary law that adjusts the First Schedule. When the Telangana state was formed, for instance, the law also changed the seat distribution. A Rajya Sabha member holds a six-year term, one-third retiring every second year, and the house is a continuing chamber, which is why seats in the Fourth Schedule are filled in rotation.

Feature	Detail
Method of election of state members	Elected by MLAs by single transferable vote
Basis of seat allocation	Population
Nominated members	12 persons with expertise
Change by	Ordinary law of Parliament (Article 4)

Why Is This Topic Important?

Composition Frequently asked in Prelims
Contrast with US Senate Equal versus population-based representation
Article 4 Not an amendment under Article 368

What Came Next?

The next topic covers the Fifth Schedule, the administration of Scheduled Areas.

Key People and Terms

Fourth Schedule Rajya Sabha seat allocation
Single transferable vote Proportional representation method
Electoral college Body electing UT members
Nominated member Chosen by the President
Continuing chamber Never dissolved

Exam Corner

Points to Remember

245 present; 250 maximum.
225 + 8 + 12.
Seats by population.
Only three UTs have seats.
UP 31; Tripura 1.

Do Not Confuse With

Fourth Schedule and Article 80 Allocation versus composition
Rajya Sabha and US Senate Population versus equal representation
Nominated in Lok Sabha and Rajya Sabha Anglo-Indian provision ended in 2020

Memory Hook

Population decides the seats: 31 for Uttar Pradesh, 1 for Tripura, 12 nominated.

Mains Angle

Questions on this topic usually ask about federal representation. Use these points to add depth.

Federal chamber Population-based representation
Nominated experts Eminent persons
UT representation Three Union Territories
Rotation Continuing house

A Question You May Face

An original practice question, not a past paper question.

“Compare the composition of the Rajya Sabha with the US Senate and comment on the representation of states.”

How to Answer

Introduction Fourth Schedule.
Composition Seats and election.
Comparison US Senate.
Conclusion Federalism.

GS Relevance

Prelims: Indian Polity, schedules. GS Paper 2: Parliament composition.

Frequently Asked Questions

What does the Fourth Schedule deal with?

The Fourth Schedule deals with the allocation of seats in the Rajya Sabha to the states and Union Territories, working with Article 80 which fixes the maximum strength of the upper house at 250 members.

How many members does the Rajya Sabha have?

The Rajya Sabha has 245 members at present: 225 represent the states, 8 represent the Union Territories and 12 are nominated by the President for expertise in art, literature, science and social service, with a maximum strength of 250 under Article 80.

How are seats distributed among states in the Rajya Sabha?

Seats are allotted to the states on the basis of population, so the number of representatives varies from state to state, with Uttar Pradesh having 31 members and Tripura only 1, unlike the US Senate where every state gets two seats.

Which Union Territories have seats in the Rajya Sabha?

Only three of the eight Union Territories, Delhi, Puducherry and Jammu and Kashmir, have representation in the Rajya Sabha, indirectly elected by an electoral college specially constituted for the purpose, by the single transferable vote.

How can the Fourth Schedule be amended?

Under Article 4, laws made under Articles 2 and 3 to amend the First and Fourth Schedules are not constitutional amendments under Article 368, so Parliament can change the Fourth Schedule by an ordinary law with a simple majority.

PYQ Practice — Statement Analysis

1 The Rajya Sabha has 250 members at present.

False

245 at present.

2 Rajya Sabha seats are allotted to states by population.

True

Unlike the US Senate.

3 The President nominates 12 members to the Rajya Sabha.