The Chandigarh Municipal Corporation on Monday approved a proposal to amend Article 80 of the Constitution so that its councillors could send a representative to the Rajya Sabha. Although experts say this move is not legally tenable, the councillors cut across party lines to push it. Saurabh Prashar explains the proposed bill and its legal implications. 🗞️ Subscribe Now: Get Express Premium to access the best Election reporting and analysis 🗞️ What is a Private Member Bill — The Constitution (Amendment Bill, 2021) and Amendment of Article 80, linked to Chandigarh? The Private Member Bill is a bill introduced by a Member of Parliament (MP), who is not a minister. MPs sitting in the Opposition mostly bring Private Member Bills in the house. Article 80 of the Constitution of India deals with the composition of the council of states also called the Upper House and Rajya Sabha (Upper House). In the case of Chandigarh, the Private Member Bill was introduced by Congress MP from Anandpur Sahib, Punjab, Manish Tewari, who is a resident of Chandigarh. Tewari has sought the adding of a provision “provided that the ‘representative of the Union Territory of Chandigarh in the council of states shall be elected by an electoral college consisting of elected members of Municipal Corporation of Chandigarh constituted under the Punjab Municipal Corporation (Extension to Chandigarh) Act, 1994” in Article 80 of the Constitution in clause (5). MP Tewari has also sought amendment of the Fourth Schedule of the Constitution with ‘Entry 32, Chandigarh..” Where does Chandigarh stand? What are the legal objections? What next? Chandigarh is a Union Territory (UT) without any legislative assembly. Chandigarh has a seat of Member of Parliament (MP) in the lower house (Lok Sabha) or House of the People. Chandigarh residents elect an MP every five years through direct voting. As per the legal opinion submitted by the office of Senior Standing Counsel, Chandigarh, Anil Mehta, the elected Municipal Corporation Councillors do not form the electoral college for selecting a member for Upper house (Rajya Sabha) because it is beyond the powers of the Municipal Corporation. The office of the SSC also pointed out that between 1966 and 1990, MPs for Rajya Sabha in Delhi were selected by the members of the Metropolitan Council of Delhi. There is a difference between the Metropolitan Council and Municipal Corporation. The opinion suggests that selecting Rajya Sabha MP, is beyond the listed scope of functions of the municipal corporation. If the functions of the civic body are to be extended beyond the listed scope of functions it would not be feasible and would go against the constitutional mandate of any such Municipal Corporation. As the civic body house gave its assent to the amendment, UT Administration will send it to the Ministry of Home Affairs for further consideration. It will then be forwarded to the Parliament. Why is there a need for a Rajya Sabha MP from Chandigarh? The demand for a representative from Chandigarh in Rajya Sabha is not new, with political ambition stated to be one of the main reasons behind the move. Every political party wants its representative from Chandigarh to be in the Upper House of Parliament. Therefore, not a single councillor from any of the traditional parties – the Congress, the BJP and the AAP – opposed the amendment when it was introduced in the municipal corporation House meeting on Monday. Senior leaders of all the parties had maintained that Chandigarh should have its representative in the Upper House. In case, the Parliament accepts the amendment, 35 elected MC councillors will have a right to elect a person among them to the Rajya Sabha. Newsletter | Click to get the day's best explainers in your inbox The UTs, which have the right to send MPs to the Upper House, and UTs which don't The Union Territories of Puducherry, Jammu and Kashmir and Delhi have representation in the Rajya Sabha, while Ladakh, Chandigarh, Dadra & Nagar Haveli, Daman and Diu, Andaman and Nicobar Islands and Lakshadweep are unrepresented. Puducherry has one representative in Rajya Sabha, Jammu and Kashmir has four representatives and Delhi is being represented by 3 MPs in the Upper House. In these three UTs, elected members of the Legislative Assembly form the electoral college for electing the MP for Rajya Sabha from their places. Who will be the beneficiary, will it affect the elected MP? The amendment, if approved, will enhance the powers of elected councillors. Many councillors believe that they were elected by the people of Chandigarh divided in at least 35 wards. Because there is no legislative assembly, they represent the people of Chandigarh in the true sense. Hence, they say that the locals of Chandigarh should be allowed to choose the right person for the upper house. Surely, the chances of the candidate of the party, which will have larger councillors in the civic body, will be boosted. If approved, the move will not affect the powers of the MP from Chandigarh in the Lok Sabha.
