As new Rajya Sabha MPs take oath, NDA edges closer to two-thirds mark
Following a fresh round of Rajya Sabha elections for 27 seats (concluded June 28, 2026), the ruling alliance gained additional seats in the upper house, push...
What Happened
- Following a fresh round of Rajya Sabha elections for 27 seats (concluded June 28, 2026), the ruling alliance gained additional seats in the upper house, pushing its total tally to approximately 149 members.
- The ruling alliance is poised to add at least 3 more seats through forthcoming by-elections to fill vacancies, inching it closer to the two-thirds mark of 164 in the 245-seat House.
- With potential support from some regional parties, the alliance is positioned to reach functional proximity to a two-thirds majority — the constitutional threshold required for certain categories of amendments.
- The Lok Sabha presents a different picture: a two-thirds majority there (roughly 362 of 543 elected seats) remains beyond the current reach of the ruling alliance.
- Rajya Sabha members serve staggered six-year terms with one-third retiring every two years, meaning seat gains accrue gradually across election cycles.
Static Topic Bridges
The Rajya Sabha: Composition, Character, and Constitutional Basis
The Rajya Sabha (Council of States) is the upper house of India's bicameral Parliament. Unlike the Lok Sabha, it is a permanent house — it cannot be dissolved. Its members serve staggered six-year terms, with approximately one-third retiring every two years. This design ensures institutional continuity even during political transitions.
- Constitutional basis: Article 80 of the Indian Constitution provides for the composition of the Rajya Sabha.
- Maximum strength: 250 members — up to 238 elected representatives of states and Union Territories, plus up to 12 members nominated by the President for distinguished contributions to literature, science, art, or social service.
- Current strength: 245 members (as of 2026).
- Members are elected not by direct popular vote but by elected members of State Legislative Assemblies (MLAs) using the Single Transferable Vote (STV) method of proportional representation.
- Seat allocation to states is based on population; Uttar Pradesh holds the highest share (31 seats).
- Small Union Territories without legislatures (e.g., Ladakh, Andaman & Nicobar, Lakshadweep) have no Rajya Sabha representation.
- The Rajya Sabha Chairman is the Vice-President of India (ex officio); the Deputy Chairman is elected from among members.
Connection to this news: The gradual accumulation of seats by the ruling alliance in the Rajya Sabha illustrates the structural nature of the upper house — seat gains are slow, incremental, and determined by state-level election outcomes rather than a single national election.
Constitutional Amendments: Article 368 and the Types of Majority
Article 368 of the Indian Constitution governs the amendment procedure. Not all constitutional provisions require the same threshold, and the type of majority needed varies with the nature of the amendment.
There are three broad categories of constitutional amendments:
-
Simple Majority (outside Article 368): Certain provisions can be amended by a simple majority of members present and voting in each House — the same threshold as ordinary legislation. Examples include creation of new states (Article 3), abolition of legislative councils in states, and changes to citizenship law.
-
Special Majority under Article 368 (without state ratification): The most common category for substantive amendments. Requires:
- A majority of the total membership of each House (i.e., more than 50% of the total strength, not just those present), AND
-
A majority of two-thirds of members present and voting in each House. Both conditions must be simultaneously satisfied. This applies to amendments that do not affect the federal structure.
-
Special Majority plus State Ratification: For amendments affecting federal features — such as the election of the President, distribution of legislative powers, representation of states in Parliament, and the amendment procedure itself — Parliament must pass the bill with a special majority AND at least half of all state legislatures must ratify it.
Connection to this news: The two-thirds figure being tracked refers to the Article 368 special majority threshold in the Rajya Sabha. For a constitutional amendment bill to pass (in the non-state-ratification category), the ruling alliance needs two-thirds of members present and voting — making the Rajya Sabha the binding constraint when the alliance already commands the Lok Sabha.
Rajya Sabha's Role as a Revising Chamber and Federal Safeguard
The Rajya Sabha performs functions beyond legislative revision. It acts as a safeguard for federal balance, ensuring that state interests are represented at the Union level. Certain exclusive Rajya Sabha powers reinforce its constitutional standing.
- Under Article 249, the Rajya Sabha can, by a two-thirds majority of members present and voting, authorise Parliament to legislate on a State List subject in the national interest — a significant check on federal distribution.
- Under Article 312, the Rajya Sabha can, by a two-thirds majority, create new All-India Services.
- Money Bills (Article 110) cannot originate in the Rajya Sabha; it can only return them with recommendations (non-binding) within 14 days.
- Joint sittings (Article 108) to resolve deadlocks are NOT available for Constitution Amendment Bills or Money Bills — meaning the Rajya Sabha has a genuine veto on constitutional amendments.
Connection to this news: The absence of a joint-sitting mechanism for constitutional amendments means the Rajya Sabha's numbers directly determine whether amendments can pass — underscoring why the upper house seat count matters for legislative ambitions beyond ordinary law-making.
Types of Majority in Parliament: A Quick Reference
- Simple Majority: More than 50% of members present and voting (used for ordinary bills).
- Absolute Majority: More than 50% of the total membership of the House (e.g., 273 in Lok Sabha, 123 in Rajya Sabha at 245 total). Used for no-confidence motions.
- Effective Majority: More than 50% of the effective strength (total minus vacancies). Used for removal of Vice-President (Rajya Sabha) and Speaker (Lok Sabha).
- Special Majority under Article 368: Two-thirds of members present and voting AND more than 50% of total membership — both thresholds must be met simultaneously.
- Special Majority under Article 61 (Impeachment of President): Two-thirds of total membership of each House.
Connection to this news: The "two-thirds mark" of 164 being tracked in media reporting refers to two-thirds of 245 (total Rajya Sabha strength) — a commonly used proxy for the Article 368 special majority threshold, though the precise operative test is two-thirds of those present and voting.
Key Facts & Data
- Rajya Sabha total seats: 245 (current strength); constitutional maximum: 250
- Two-thirds of 245 = 164 (commonly cited threshold)
- Article 80: Composition of the Rajya Sabha
- Article 368: Amendment procedure for the Indian Constitution
- Article 249: Rajya Sabha power to legislate on State List subjects (two-thirds majority required)
- Article 312: Rajya Sabha power to create All-India Services (two-thirds majority required)
- Rajya Sabha Chairman: Vice-President of India (ex officio)
- Election method for Rajya Sabha members: Single Transferable Vote (proportional representation) by elected MLAs of each state
- Term: 6 years per member; one-third retire every 2 years
- Rajya Sabha cannot be dissolved (permanent house)
- Joint sitting (Article 108) NOT available for: Constitution Amendment Bills or Money Bills
- States with highest Rajya Sabha seats: Uttar Pradesh (31), Maharashtra (19), Tamil Nadu (18)
- Nominated members (12): appointed by President; qualify in literature, science, art, or social service