Section 147: Casual Vacancies in the Council of States (Rajya Sabha)

Section 147 of the Representation of the People Act, 1951

Sub-section (1): Filling a casual vacancy

(1) When before the expiration of the term of office of a member elected to the Council of States, his seat becomes vacant or is declared vacant or his election to the Council of States is declared void, the Election Commission shall by a notification in the Gazette of India call upon the elected members of the Legislative Assembly or the members of the electoral college concerned, as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.

The provision covers a vacancy arising before the member's term expires, including where the seat becomes vacant, is declared vacant or the member's election is declared void. It requires the Election Commission to issue the relevant Gazette notification and applies the election law, rules and orders to the bye-election as far as applicable.

How a Rajya Sabha casual vacancy is filled

What is a casual vacancy?

A casual vacancy is a seat that becomes vacant during the unexpired tenure of an elected member, rather than through the ordinary retirement of a member at the end of the term. It can arise, for example, following resignation, death, disqualification, or a declaration that an election is void, subject to the applicable legal provisions.

Who conducts the bye-election?

The Election Commission of India issues a notification in the Gazette of India calling upon the relevant elected members of the State Legislative Assembly or the electoral college concerned, as applicable, to elect a replacement by the specified date. The process follows the Representation of the People Act, 1951 and applicable election rules and orders.

Who votes?

Rajya Sabha representatives of States are elected by the elected members of their respective Legislative Assemblies. The relevant electoral arrangements for Union territories depend on the Constitution and governing legislation. Rajya Sabha elections are indirect elections; the general public does not directly vote in these bye-elections.

Under Article 80(4) of the Constitution, elections for State representatives use proportional representation by means of the single transferable vote. For a single casual vacancy, the practical operation of the voting procedure is governed by the applicable election rules.

How long does the newly elected member serve?

Under Section 154(2) of the Representation of the People Act, 1951, a member elected to fill a casual vacancy serves for the remainder of the term of the member whose seat became vacant, rather than beginning a fresh full six-year term. Section 147 addresses how the vacancy is filled; Section 154 addresses the term of office.

Section 151A also provides a general framework for holding bye-elections within six months, subject to its statutory exceptions, including where the remaining term is less than one year or where the Election Commission, in consultation with the Central Government, certifies difficulty in holding the election within that period.

Section 147(2): Historical transitional provision

(2) As soon as may be after the date of commencement of the Constitution (Seventh Amendment) Act, 1956, bye-elections shall be held to fill the vacancies existing on that date in the seats allotted to the States of Assam, Orissa and Uttar Pradesh and the Union territories of Delhi, Himachal Pradesh and Manipur.

Sub-section (2) is a historical transitional provision concerning vacancies existing when the Constitution (Seventh Amendment) Act, 1956 commenced. It should not be read as the ordinary present-day mechanism for all Rajya Sabha vacancies.

Section 148: Repealed provision

Section 148, concerning casual vacancies in electoral colleges for certain Union territories, was repealed by the Territorial Councils Act, 1956 (Act 103 of 1956), Section 66. It is not an operative procedure for current elections.

Frequently asked questions

Does a Rajya Sabha vacancy require a direct public election?

No. The vacancy is filled through an indirect election by the relevant elected legislators or electoral college, in accordance with the applicable law.

Who issues the notification under Section 147?

The Election Commission of India issues the notification in the Gazette of India.

Does the replacement member receive a new six-year term?

No. Section 154(2) provides for the remainder of the predecessor's term.

Does Section 147 cover Lok Sabha vacancies?

No. Section 149 separately deals with casual vacancies in the House of the People (Lok Sabha), while Section 150 concerns State Legislative Assemblies.

Official law and election resources

• India Code - Representation of the People Act, 1951 (Sections 147, 151A and 154)
• Election Commission of India - bye-election notifications and election instructions
• e-Gazette of India - statutory election notifications
• Legislative Department - Constitution of India (Article 80)

For a particular vacancy, check the Election Commission's current notification, applicable rules and the consolidated statutory text.