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The Madhya Pradesh Chief Minister recently remarked that the Rajya Sabha should be abolished.  This is not a new thought.  In 1954 and 1973, resolutions were moved in the Lok Sabha seeking to abolish the Rajya Sabha.  Both these resolutions were unsuccessful.  Attempts to abolish the Rajya Sabha have also been made by introducing private member bills in the Lok Sabha.  These private member bills seeking constitutional amendment were introduced in 1971, 1972, 1975 and 1981.  None of these Bills was passed by the Lok Sabha.

In the last decade, some schemes have been recast as statutory entitlements – right to employment, right to education and right to food.  Whereas schemes were dependent on annual budgetary allocations, there rights are now justiciable, and it would be obligatory for Parliament to allocate sufficient resources in the budget.  Some of these rights also entail expenditure by state governments, with the implication that state legislatures will have to provide sufficient funds in their budgets.  Importantly, the amounts required are a significant proportion of the total budget. There has been little debate on the core constitutional issue of whether any Parliament can pre-empt the role of resource allocation by future Parliaments.  Whereas a future Parliament can address this issue by amending the Act, such power is not available to state legislatures.  Through these Acts, Parliament is effectively constraining the spending preferences of states as expressed through their budgets passed by their respective legislative assemblies.  I have discussed these issues in my column in Pragati published on August 16, 2013.