Identify the incorrect statement about the composition of the Council of States:

Question

Accepted Answer

The correct option is 4:
The statement, "Nominated members shall be chosen from amongst persons having 'special knowledge or practical experience in literature theatre, science, art and social service,'" is the incorrect statement regarding the composition of the Council of States (Rajya Sabha), which is why it is the correct answer to the question asking to identify the incorrect statement. According to Article 80(3) of the Indian Constitution, the President nominates twelve members to the Rajya Sabha from amongst persons having special knowledge or practical experience in four specific fields: Literature, Science, Art, and Social Service. This list is exhaustive and deliberately created to bring specialized expertise into the legislative process, balancing the democratic mandate with intellectual input. The error in Option 4 lies in the inclusion of the word "**theatre**." While theatre is undoubtedly a part of the broader field of Art, the Constitution does not list "theatre" separately; it only specifies "Art." Therefore, introducing "theatre" as a separate category makes the statement factually inaccurate according to the precise constitutional text. This distinction is vital for understanding the exact constitutional provisions governing the composition of India’s Upper House.

The incorrect option is 1:
The statement, "The Council of states shall be composed of not more than 250 members," is a correct statement, making it an incorrect answer to the MCQ. Article 80(1) of the Constitution clearly stipulates the maximum strength of the Rajya Sabha as 250 members. This ceiling ensures the Upper House maintains a balanced size, providing stability and gravitas to its proceedings. This maximum limit of 250 is composed of the 12 members nominated by the President and up to 238 representatives of the States and Union Territories. It is a fundamental constitutional provision that defines the size and scope of the Upper House's membership.

The incorrect option is 2:
The statement, "12 of the members shall be nominated by the President," is a correct statement, making it an incorrect answer to the MCQ. As per Article 80(1)(a) and 80(3), the President has the power to nominate twelve members to the Council of States. This is a mechanism borrowed from the Irish Constitution and is designed to ensure that distinguished citizens who might not participate in direct elections, but who have made significant contributions to society, are represented in Parliament. This nomination quota is fixed and plays an important role in enhancing the deliberative quality of the Rajya Sabha by bringing in non-political expertise.

The incorrect option is 3:
The statement, "The remainder of 238 members shall be representatives of the states and the Union territories," is a correct statement, making it an incorrect answer to the MCQ. Given that the maximum strength is 250 members and 12 are nominated, the remaining members cannot exceed 238 (250 - 12 = 238). These 238 members are elected through an indirect election process by the elected members of the Legislative Assemblies of the States (Vidhan Sabhas) using the system of proportional representation. This provision ensures the federal character of the Rajya Sabha, acting as the 'Council of States' by representing the various constituent units of the Indian Union.