Rajya sabha biography sample paper

Domiciliary Requirements (DR)

• DR are the conditions that require a person to be a resident or an elector of a particular state or territory in order to be eligible for membership in a representative body.
• In 2003, the Parliament passed an amendment to Section 3 of the RPA, 1951, which scrapped the domicile requirement for Rajya Sabha members.
• This meant that a person could be elected to the RS from any state or UT, irrespective of their residence or electoral status in that state or territory.
• In the Kuldip Nayar v. Union of India Case, the Supreme Court upheld the amendment.
  • It held that there was no constitutional requirement for a RS member to be either an elector or an ordinary resident of the state or territory that they represent.

The Argument against considering DR for RS Elections

• DR may compromise the national focus of the RS, which is designed to address issues at the national level.
• DR may limit the candidate pool, potential