In exercise of the powers conferred by sub clause a of clause 1 of article 80 of the Constitution of India read with clause 3 of that article

## Report on Nominations and Renominations to the Council of States **1. Executive Summary:** This report analyzes two notifications from the Ministry of Home Affairs, published in The Gazette of India on June 1, 2021. These notifications pertain to nominations to the Council of States (Rajya Sabha). The first notification concerns the nomination of Shri Mahesh Jethmalani to fill a vacancy caused by the demise of Shri Raghunath Mohapatra, with a term lasting until July 13, 2024. The second notification concerns the renomination of Shri Swapan Dasgupta to fill a vacancy caused by his resignation, with a term lasting until April 24, 2022. The report provides an overview of these actions, their background, and potential implications. **2. Introduction:** The purpose of this report is to provide an informative analysis of two notifications published in The Gazette of India on June 1, 2021, concerning nominations to the Council of States. This analysis is based solely on the information presented in the provided text. **3. Policy Overview:** * The notifications pertain to actions taken under Article 80 of the Constitution of India, specifically clause 1 (subclause a) read with clause 3. * **Core Objective:** The core objective is to fill vacant seats in the Council of States through presidential nominations, ensuring representation in the upper house of Parliament. **4. Background and Rationale:** The notifications address vacancies in the Council of States. The first vacancy arose due to the unfortunate demise of Shri Raghunath Mohapatra. The second vacancy arose due to the resignation of Shri Swapan Dasgupta. The President, acting on the powers conferred by the Constitution, nominated and renominated individuals to fill these seats, respectively. This ensures continued representation for the states or union territories from which these members were originally elected. **5. Key Provisions / Changes:** These notifications detail specific actions, specifically *nominations to fill vacancies*. This is an **amendment** to the existing composition of the Council of States. * **Specific Policy Part Amended:** The notification directly amends the composition of the Council of States by filling vacancies through nomination. * **New Rule/Provision (as per the notification):** * Shri Mahesh Jethmalani is nominated to fill the seat vacated by Shri Raghunath Mohapatra, with a term until 13.07.2024. * Shri Swapan Dasgupta is renominated to fill the seat he vacated through resignation, with a term until 24.04.2022. * **Effect of the Change:** The change ensures that the Council of States maintains its intended composition by filling vacant seats. The nomination and renomination processes maintain the balance of representation within the upper house. **6. Target Audience and Stakeholders:** The immediate target audience includes: * **Shri Mahesh Jethmalani and Shri Swapan Dasgupta:** The individuals directly affected by these notifications as they are being nominated/renominated. * **Members of the Council of States:** The existing members will be impacted by the addition of new members. * **The general public:** Citizens are stakeholders as the composition of the Council of States influences legislation and policy. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Ministry of Home Affairs is responsible for issuing the notifications. The President of India exercises the power of nomination under the Constitution. * **Timelines:** The notifications specify the effective date of the nomination and renomination (May 31, 2021) and the end dates of the respective terms (July 13, 2024, and April 24, 2022). The provided text specifies no other procedures or timelines. **8. Expected Outcomes / Impact of Changes:** The intended outcome of these actions is to maintain the operational capacity and representational balance of the Council of States. The nomination of Shri Mahesh Jethmalani ensures that the seat previously held by Shri Raghunath Mohapatra is filled, allowing for continued representation of the relevant interests. The renomination of Shri Swapan Dasgupta, despite his resignation, ensures continuity and potentially a resumption of his previous contributions to the council. The impact is the continuation of legislative processes without disruption due to vacancies. **9. Conclusion:** The notifications published in The Gazette of India on June 1, 2021, are significant as they demonstrate the government's commitment to maintaining the integrity and functionality of the Council of States. By filling vacancies through nomination and renomination, the government ensures that the upper house of Parliament can continue to effectively perform its duties. The limited scope of the provided text restricts a deeper analysis, but the core purpose and impact of these actions are evident.

Key Entities Referenced