Parachute Politics and the Erosion of Federalism: Restoring State Representation in the Rajya Sabha

Abstract

The Rajya Sabha was envisioned as federal safeguard to ensure State representation at the national level. The 2003 amendment to the Representation of People Act, 1951 removed the domicile requirement for candidates and allowed for individuals with no territorial nexus to be elected. This was challenged and upheld in the case of Kuldip Nayar v. Union of India, wherein the amendment was criticized for diluting the federal character of Rajya Sabha. Commissions like Punchhi and NCRWC have recommended the reinstatement of the territorial link to preserve the institutions’ purpose. The rise in parachute candidates has also led to the chamber being used for political convenience, weakening its role as a voice for States. These practices undermine Constitutional morality and cooperative federalism. Reforms both legal and cultural are necessary to restore the Rajya Sabha’s role as a representative of States’ interests in India’s quasi-federal framework. The judiciary has affirmed through cases such as S.R. Bommai v. Union of India that federalism forms part of the basic structure of the Constitution, yet representational practices in the Rajya Sabha continue to erode the above in substance. Political parties have increasingly treated Rajya Sabha’s role as representative of States’ interests in India’s quasi- federal framework, including the reinstatement of domicile linked eligibility criterion and greater transparency in the candidate’s nomination process.