Which of the following articles of the Constitution of India lays down that ‘The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the fourth Schedule’?
- (a)Article 83
- (b)Article 80
- (c)Article 81
- (d)Article 82
Answer
Why
Correct — B. The sentence the paper quotes is Article 80(2): seats in the Council of States are allocated among the States and Union territories as set out in the Fourth Schedule.
Article 80 is the composition article for the Council of States — 12 members nominated by the President, and not more than 238 representatives of the States and Union territories.
The other three are the neighbouring articles on Parliament, and each does something else. The Fourth Schedule reference belongs to option (b).
Why the others are wrong
- (a)Article 83 — Article 83 fixes the duration of the Houses. It is the article saying the Council of States is not subject to dissolution, with one-third of its members retiring every second year.
- (c)Article 81 — Article 81 composes the House of the People. Lok Sabha seats are allotted to States in proportion to population under that article itself, not through the Fourth Schedule.
- (d)Article 82 — Article 82 provides for the readjustment of seats after each census. It changes the numbers over time rather than laying down where the Rajya Sabha's allocation comes from.
Concept
Read Articles 79 to 84 as one block on the composition of Parliament.
Article 79 constitutes Parliament as the President and two Houses. Article 80 composes the Council of States and sends seat allocation to the Fourth Schedule. Article 81 composes the House of the People.
Article 82 readjusts seats after a census, Article 83 fixes the duration of the Houses, and Article 84 sets the qualifications for membership.
The Rajya Sabha's sanctioned strength is 245 — 233 elected from the States and Union territories, plus 12 nominated by the President.
The paper quotes the clause word for word instead of naming its subject. When SSC does that, hunt for the noun that fixes the article: here it is 'Council of States', and the article that composes the Council of States is 80.
Key facts
- Article 80 deals with the composition of the Council of States, the Rajya Sabha.
- Article 80(2) directs that seats be allocated to States and Union territories in accordance with the Fourth Schedule.
- Article 80 provides for 12 nominated members and not more than 238 representatives of the States and Union territories.
- Nominated members are to have special knowledge or practical experience in literature, science, art and social service.
Study next
Common traps
- Picking Article 81 because both articles compose a House. Article 81 is the Lok Sabha.
- Attaching the Fourth Schedule to the wrong House. It allocates Rajya Sabha seats.
- Confusing the constitutional ceiling of 238 elected members with the current elected strength of 233.
The same article is asked plainly at 13 Sep 2024, 12:30, GA Q.13, which asks which article deals with the composition of the Rajya Sabha.
The House is also asked by its numbers — 13 Sep 2024, 16:00, GA Q.12 asks how many members the President nominates to it.
Related PYQs
No directly related past PYQ was found.