Which one of the following statements is correct?

1. Composition of Rajya Sabha and the Presidential Nomination (basic)

The Rajya Sabha, or the Council of States, represents the federal character of India by acting as the 'Upper House' of Parliament. Unlike the Lok Sabha, which is subject to dissolution, the Rajya Sabha is a permanent body; its members serve six-year terms, with one-third of the house retiring every second year NCERT, Indian Constitution at Work, LEGISLATURE, p.106. Currently, the House has 245 members. The Fourth Schedule of the Constitution is crucial here, as it dictates exactly how many seats are allocated to each State and Union Territory based on their population Laxmikanth, M. Indian Polity, Parliament, p.223.

A unique feature of the Rajya Sabha's composition is the Presidential Nomination. The President nominates 12 members to the House to ensure that the nation benefits from the expertise of distinguished individuals who might not participate in the heat of direct elections. Under the Constitution, these individuals must have special knowledge or practical experience in four specific fields: Literature, Science, Art, and Social Service. While there was historically a provision for nominating two Anglo-Indians to the Lok Sabha, that has since been discontinued, making the Rajya Sabha the primary home for nominated legislators today.

From a legal and functional standpoint, nominated members are at par with elected members in almost every way. They enjoy the same powers, privileges, and immunities. Interestingly, there is no constitutional bar on a nominated member being appointed as a Union Minister, as Article 75 simply requires a minister to be a member of either House of Parliament. However, there is a significant distinction regarding their voting rights: while they participate fully in the election of the Vice-President, they are excluded from voting in the Presidential election to maintain the neutrality of the Electoral College.

Feature	Elected Members (RS)	Nominated Members (RS)
Selection	Elected by MLAs of States/UTs	Nominated by the President
Presidential Election	Can Vote	Cannot Vote
Ministerial Post	Eligible	Eligible

Sources: Indian Polity, M. Laxmikanth (7th ed.), Parliament, p.223; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), LEGISLATURE, p.106

2. Composition of Lok Sabha and the 104th Amendment Act (basic)

The Lok Sabha, or the 'House of the People,' is the lower house of India's Parliament. Under Article 81, the Constitution sets the maximum strength of the House, though the specific allocation of seats to states is determined by law Indian Polity, M. Laxmikanth, Election Laws, p.579. Historically, the maximum strength was 552 members: 530 representing States, 20 representing Union Territories, and two members from the Anglo-Indian community nominated by the President if they were not adequately represented.

However, the landscape of the Lok Sabha changed significantly with the 104th Constitutional Amendment Act of 2019. While this Act extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) for another ten years, it did not extend the provision for nominating Anglo-Indians. Consequently, the provision for Anglo-Indian nomination in both the Lok Sabha and State Legislative Assemblies ceased to exist on January 25, 2020 Indian Polity, M. Laxmikanth, President, p.186. This means the current maximum strength is effectively 550, and all members are now directly elected by the people.

It is a common misconception that nominated members (who still exist in the Rajya Sabha) have fewer legal protections. In reality, any nominated Member of Parliament (MP) enjoys the same powers, privileges, and immunities as an elected member. For instance, there is no constitutional bar on a nominated MP being appointed as a Union Minister, as Article 75 simply requires a minister to be a member of either House. The primary distinction lies in the Presidential elections: while nominated members can vote for the Vice-President, they are not entitled to vote in the election of the President of India.

Feature	Before 104th Amendment (Pre-2020)	After 104th Amendment (Post-2020)
Anglo-Indian Nomination	2 members could be nominated to Lok Sabha	Provision discontinued/not extended
SC/ST Reservation	Valid until 2020	Extended until 2030
Election Method	Mix of Direct Election & Nomination	Purely Direct Election (for Lok Sabha)

Sources: Indian Polity, M. Laxmikanth, Election Laws, p.579; Indian Polity, M. Laxmikanth, President, p.186

3. Electoral Colleges: Presidential vs. Vice-Presidential Elections (intermediate)

To understand how our top two executives are chosen, we must look at the Electoral College—the group of representatives authorized to vote. While both the President and the Vice-President are elected indirectly (meaning citizens do not vote for them directly), the composition of their respective voting bodies is quite different. The Constitution designers tailored these colleges to reflect the specific roles these offices play in our federal system M. Laxmikanth, President, p.201.

For the President, the Electoral College is broad to reflect a federal balance. It includes only elected members of both the Lok Sabha and Rajya Sabha, as well as the elected members of the State Legislative Assemblies (MLAs), including those from Delhi, Puducherry, and Jammu & Kashmir. Nominated members are strictly excluded from the Presidential vote because they are appointed by the President themselves, which could create a conflict of interest D. D. Basu, Introduction to the Constitution of India, p.208.

In contrast, the Vice-President’s election is strictly a Parliament-centered affair. Because the Vice-President primarily serves as the Chairman of the Rajya Sabha and acts for the President only in rare vacancies, the State Assemblies are not included in the vote. However, this college is more inclusive within Parliament: it consists of both elected and nominated members of the Lok Sabha and Rajya Sabha M. Laxmikanth, Vice-President, p.203. This means a nominated MP has the same voting power as an elected MP when it comes to the Vice-President.

Despite these differences in who votes, the manner of voting is identical for both. Both use the system of proportional representation by means of the single transferable vote (PR-STV) with a secret ballot to ensure the winner has a clear mandate from the college M. Laxmikanth, Vice President, p.203.

Feature	Presidential Election	Vice-Presidential Election
Parliamentary Participation	Only Elected MPs	All MPs (Elected + Nominated)
State Participation	Included (Elected MLAs)	Excluded (No States)
Voting Method	PR-STV via Secret Ballot	PR-STV via Secret Ballot

Sources: M. Laxmikanth, Indian Polity, President, p.201; D. D. Basu, Introduction to the Constitution of India, The Union Executive, p.208; M. Laxmikanth, Indian Polity, Vice-President, p.203

4. Article 75: Appointment and Eligibility of Union Ministers (intermediate)

Under the Indian Constitution, Article 75 governs the appointment, tenure, and eligibility of Union Ministers. At its core, the process is a hallmark of our parliamentary democracy: the President appoints the Prime Minister, and then appoints other ministers specifically on the advice of the Prime Minister Laxmikanth, M. Indian Polity, Central Council of Ministers, p.213. This ensures that the Council of Ministers (CoM) functions as a cohesive unit led by the PM.

To prevent the executive from becoming too bloated, the 91st Amendment Act of 2003 introduced a critical cap: the total number of ministers, including the PM, cannot exceed 15% of the total strength of the Lok Sabha Laxmikanth, M. Indian Polity, Central Council of Ministers, p.213. Furthermore, the Constitution maintains political integrity through Article 75(1B), which states that any Member of Parliament (MP) disqualified under the Anti-Defection Law (10th Schedule) is also disqualified from being appointed as a minister.

A fascinating aspect of our system is the flexibility of eligibility. To be a Union Minister, one must generally be a member of either the Lok Sabha or the Rajya Sabha. This includes nominated members; since they are full-fledged MPs enjoying the same powers and privileges as elected members, there is no constitutional bar preventing a nominated MP from becoming a minister. Additionally, Article 75(5) allows a person who is not a member of either House to be appointed as a minister, provided they secure a seat in either House within six consecutive months Laxmikanth, M. Indian Polity, Parliament, p.239.

Feature	Requirement/Limit
Appointment Authority	President (on advice of PM)
Maximum Size	15% of Lok Sabha strength
Membership Grace Period	6 months to become an MP
Nominated Members	Eligible to be Ministers

Sources: Laxmikanth, M. Indian Polity, Central Council of Ministers, p.213; Laxmikanth, M. Indian Polity, Parliament, p.239

5. Nominated Members and the Anti-Defection Law (exam-level)

Nominated members represent a unique feature of the Indian Parliament, intended to infuse specialized knowledge into the legislative process without the pressures of direct elections. In the **Rajya Sabha**, the President nominates 12 members who have special knowledge or practical experience in **Literature, Science, Art, and Social Service**. Historically, the President also held the power under **Article 331** to nominate two members of the **Anglo-Indian community** to the Lok Sabha if they were inadequately represented Introduction to the Constitution of India, D. D. Basu, Minorities, p. 462. However, it is vital for your exams to remember that the **104th Constitutional Amendment Act (2019)** discontinued this Anglo-Indian nomination in both the Lok Sabha and State Legislative Assemblies Indian Polity, M. Laxmikanth, Special Provisions, p. 559.

Once nominated, these members enjoy the same powers, privileges, and immunities as elected members of Parliament. A common point of confusion is their eligibility for executive roles: Under Article 75, any Member of Parliament can be appointed as a Union Minister. Since the Constitution does not distinguish between elected and nominated members for this qualification, a nominated member is fully eligible to join the Council of Ministers.

The application of the Anti-Defection Law (Tenth Schedule) to nominated members is particularly nuanced. While an elected member of a party is bound by party discipline from day one, a nominated member is given a "window of choice." They are disqualified only if they join a political party after the expiry of six months from the date they take their seat. If they join a party within those first six months, they are not disqualified and are henceforth treated as a member of that political party.

Feature	Elected Member	Nominated Member
Presidential Election	Can Vote	Cannot Vote
Vice-Presidential Election	Can Vote	Can Vote
Ministerial Eligibility	Eligible	Eligible
Anti-Defection Rule	Disqualified if joining another party/defecting.	Disqualified only if joining a party after 6 months.

Sources: Introduction to the Constitution of India, D. D. Basu, Minorities, Scheduled Castes and Scheduled Tribes, p.462; Indian Polity, M. Laxmikanth, Special Provisions Relating to Certain Classes, p.559

6. Comparative Rights: Nominated vs. Elected Members (exam-level)

In the architecture of the Indian Parliament, members enter through two doors: Election (popular mandate) and Nomination (recognition of expertise). While their paths of entry differ, the Constitution of India maintains a high degree of parity between them. Once a person is nominated by the President to the Rajya Sabha (for their contributions to Literature, Science, Art, or Social Service), they are Members of Parliament (MPs) in every legal sense. They enjoy the same parliamentary privileges, immunities, and powers as their elected counterparts, including freedom of speech within the House and protection from civil arrest during sessions Introduction to the Constitution of India, D. D. Basu, The Union Legislature, p.250. Furthermore, there is no constitutional bar on a nominated member being appointed as a Union Minister; as long as they are a member of either House, they satisfy the criteria under Article 75. However, a sharp distinction arises during certain electoral and constituent functions of Parliament. Because nominated members are appointed by the President, they are excluded from the Electoral College that elects the President of India to avoid any conflict of interest or 'gratitude voting.' Interestingly, this restriction does not apply to the election of the Vice-President, where nominated members vote alongside elected members Indian Constitution at Work, Political Science Class XI, LEGISLATURE, p.109. Additionally, while they cannot vote for the President, they do participate in the impeachment of the President and the removal of the Vice-President, highlighting that their judicial and constituent powers are nearly identical to those of elected members.

Feature	Elected Members	Nominated Members
Privileges & Immunities	Full (Art. 105)	Full (Art. 105)
Ministerial Eligibility	Eligible	Eligible
Presidential Election	Can Vote	Cannot Vote
Vice-Presidential Election	Can Vote	Can Vote
Presidential Impeachment	Can Vote	Can Vote

Sources: Introduction to the Constitution of India, D. D. Basu, The Union Legislature, p.250; Indian Constitution at Work, Political Science Class XI, LEGISLATURE, p.109; Indian Polity, M. Laxmikanth, Parliament, p.261

7. Solving the Original PYQ (exam-level)

This question serves as a perfect synthesis of your lessons on the Composition of Parliament and the Union Executive. You have studied that while the Rajya Sabha consists of 12 nominated members (Article 80), the Lok Sabha historically included provisions for two nominated members from the Anglo-Indian community (Article 331). The fundamental concept at play here is Article 75, which mandates that a Minister must be a member of either House. Because the Constitution does not specify that a Minister must be an elected member, it follows that any member of Parliament—regardless of how they entered the House—is eligible for the Council of Ministers. Therefore, (C) There is no constitutional bar for a nominated member to be appointed Union minister is the correct statement. Always distinguish between a lack of historical precedent and an actual constitutional prohibition.

To master UPSC questions, you must learn to spot the "factual swaps" used in the incorrect options. Option (A) is a trap because, at the time this question was set, both Houses could have nominated members. Option (B) deliberately swaps the Houses; the Anglo-Indian nomination was specific to the Lok Sabha, not the Rajya Sabha. Option (D) tests your knowledge of the Electoral College: while nominated members have the right to vote in the Vice-Presidential election, they are strictly barred from voting in the Presidential election to ensure the President is chosen only by elected representatives of the people and the States. By applying these building blocks of Articles 54, 66, and 75, you can confidently eliminate the decoys. M. Laxmikanth, Indian Polity