Article 80

Composition of Rajya Sabha: Nominated and State/UT Representatives

Official heading: “Composition of the Council of States”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part V, Article 80, printed pages 36–37
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

Open official PDF at this article Report a text or source error

AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.

1. In One Sentence

Article 80 fixes the maximum membership of the Council of States (Rajya Sabha) at 250, comprising 12 presidential nominees with special expertise and up to 238 representatives of States and Union Territories.

2. What It Means in Everyday Language

Article 80 details the composition of the upper chamber of Parliament, the Council of States (Rajya Sabha). The maximum strength of the House is fixed at 250 members.

Clause (1)(a) and clause (3) provide that 12 members are nominated directly by the President from among persons possessing special knowledge or practical experience in literature, science, art, and social service. This allows non-political eminent personalities to contribute to national legislation.

Up to 238 members represent the States and Union Territories. Under clause (4), State representatives are elected by the elected MLAs of each State through proportional representation with the single transferable vote. Allocation of seats among States is governed by the Fourth Schedule.

3. Practical Illustrative Example

Everyday Scenario:

A celebrated classical artist or Olympic sportsperson is nominated to Parliament by the President.

Core takeaway: Under Article 80(1)(a) and (3), the President exercises the constitutional power to nominate up to 12 members for their distinguished contributions to art, science, or social service.

Illustrative Notice: Nominated members possess full legislative privileges and voting rights on bills, but cannot vote in presidential elections under Article 54.

4. Important Limits, Qualifications & Exceptions

Article 80 establishes the federal and specialized character of the Rajya Sabha.

Maximum ceiling: 250 members (currently 245 in active strength).
Nominated component: 12 members chosen for literature, science, art, or social service.
Representative component: Up to 238 elected by State Legislative Assemblies via single transferable vote.
Fourth Schedule determines seat distribution among States based broadly on population.

5. Operative Constitutional Text

(1) The Council of States shall consist of— (a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and (b) not more than two hundred and thirty-eight representatives of the States and of the Union territories. (2) 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. (3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:— Literature, science, art and social service. (4) The representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. (5) The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

•
Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 80, printed pages 36–37 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource