1: Rajya Sabha Elections: The Basic Procedure

- The Rajya Sabha elections are held indirectly, by the elected members of each state's Legislative Assembly, according to Article 80 of the Indian Constitution.

- In situations where the number of candidates exceeds the vacancies, the Rajya Sabha elections are necessitated.

- The Representation of the People Act, 1951 was amended in 2003 to prevent cross-voting, enforcing open ballot system during the elections.

2: Allocation of Seats and Election Process

- The Rajya Sabha houses a total of 250 members representing states and Union Territories.

- A certain number of seats are allocated to states based on their population.

- Elections occur through an indirect system of proportional representation using Single Transferable Vote (STV).

- Quotas determine the number of votes required for a candidate to secure a seat.

- The process of preferential voting and the management of surpluses and eliminations ensure an efficient election process.

3: Significant Cases and Legal Amendments

- In 2018, the Supreme Court denied the option of "None Of The Above" (NOTA) in the Rajya Sabha elections.

- Parliamentary privileges do not exempt legislators from criminal prosecution for taking bribes, as illustrated by the overturning of the judgement regarding the JMM bribery case in 2024.

4: Applicability of the Anti-Defection Law

- The Tenth Schedule of the Constitution, known as the "anti-defection" law, does not apply to Rajya Sabha elections.

- Party members are not obliged to adhere to party instructions during these elections, leading to instances of cross-voting.

5: Understanding and Impacts of Cross Voting

- Cross-voting happens when a party member votes for a candidate from another party.

- Disagreements, inducements, and ideological differences often lead to cross-voting.

- Cross-voting can compromise representation, encourage corruption, weaken party discipline, and undermine democratic values.

- Conversely, cross-voting can also indicate independence, serve as a system of checks and balances, and foster accountability.

6: Supreme Court Rulings Regarding the Tenth Schedule and Rajya Sabha Elections

- The Supreme Court has upheld the system of open ballot for Rajya Sabha elections while recognizing that disciplinary actions can be faced by those who vote against party lines.

- The apex court ruled that actions both inside and outside the legislative body can infer voluntary giving up of membership.

7: Ways to Improve the Election Process

- Stricter laws and regulations are required to combat electoral malpractices.

- Promoting discipline and accountability within political parties can also lead to significant improvements in the democratic process.