Law and You > Constitutional Law > Chairman and the Deputy Chairman of Rajya Sabha
The Rajya Sabha, or the Council of States, is the upper house of the Parliament of India. It plays a vital role in the legislative framework and governance of the country, complementing the Lok Sabha, the lower house. Established under Article 80 of the Indian Constitution, the Rajya Sabha embodies the federal structure of the nation, ensuring representation for the states and union territories. Its leadership includes the Chairman and the Deputy Chairman of Rajya Sabha, who play pivotal roles in the functioning of the house.
Constitution of Rajya Sabha:
According to Article 80 of the Constitution of India, the Council of States shall consist of twelve members to be nominated by the President in accordance with the provisions of clause 80(3); and not more than two hundred and thirty-eight representatives of the States and of the Union territories. Thus there are maximum 238 + 12 = 250 members of Rajya Sabha. The actual strength, however, varies. According to Article 80(2) of the Constitution of India, the allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.
Chairman and Deputy Chairman of Rajya Sabha:
Chairman of Rajya Sabha
According to Article 89(1) of the Constitution, the Vice-President of India is the ex officio Chairman of Rajya Sabha. The Chairman presides over the sessions of the Rajya Sabha and ensures the orderly conduct of business.
According to Article 98(1) of the Constitution, each House of Parliament shall have a separate secretarial staff. There may be the creation of posts common to both Houses of Parliament.
Deputy Chairman of Rajya Sabha:
According to Article 89(1) of the Constitution, the Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof. Thus, the Deputy Chairman is elected by the members of Rajya Sabha from among its members. The Deputy Chairman performs the duties of the office of the Chairman when the office of Chairman is vacant; and during any period when the Vice-President is acting as, or discharging the functions of the President. (Article 91)
Vacation and Resignation of, and Removal from, the Office of Deputy Chairman (Article 90)
A member holding office as Deputy Chairman of the Council of States—
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
According to Article 92 of the Constitution, the Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice President from his office is under consideration in the Council. He/She shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.
Functions and Powers of Chairman of Rajya Sabha:
- As the Chairman of the Rajya Sabha, the Vice-President presides over the meetings of the House. He is also the principal spokesman of the House and represents the collective voice to the outside world.
- He ensures that the proceedings of the House are conducted in accordance with the relevant constitutional provisions, rules, practices and conventions and that decorum is maintained in the House.
- He is the custodian and guardian of the rights and privileges of the House and its members.
- Under the Constitution, the Chairman exercises only a casting vote in the case of equality of votes. However, if at any sitting of the House a resolution for the removal of the Chairman from his office is under consideration, he is not to preside at that sifting. He cannot also vote at all on such resolution or on any other matter during such proceedings
- He has no vote except when there is a tie (article 100). The Chairman’s rulings constitute precedents which are of a binding nature. The Chairman is not bound to give reasons for his decisions. The Chairman’s rulings cannot be questioned or criticised and to protest against the ruling of the Chairman is a contempt of the House.
- He is empowered to adjourn the House or to suspend its sitting in the event of absence of quorum.
- Under the Tenth Schedule to the Constitution, the Chairman determines the question as to disqualification of a member of the Rajya Sabha on ground of defection.
- The Chairman may permit a member who is unable to express himself in Hindi or in English, to address the House in his mother tongue.
- The Chairman does not take part in the deliberations of the House except in the discharge of his duties as the Presiding Officer. However, on a point of order raised or on his own, he may address the House at any time on a matter under consideration with a view to assisting members in their deliberations
- Powers Conferred on the Chairman under the Rules of Procedure of the Rajya Sabha Various powers are conferred on the Chairman under the Rules of Procedure of the Rajya Sabha in connection with the proceedings of the House, Committees and such other matters as questions, calling attention, motions, resolutions, amendments to Bills, authentication of Bills, petitions, papers to be laid on the Table, personal explanations, etc.
- The Chairman may also, if he thinks fit, call a sitting of the House before the date or hour to which it has been adjourned, or at any time after the House has been adjourned sine die, but not prorogued by the President.
- The Chairman’s consent is required to raise a question of breach of privilege in the House. He can also, suo motu, refer any such question to the Committee of Privileges for examination, investigation and report.
- Parliamentary Committees, whether set up by the Chairman or by the House, work under his guidance. He appoints their Chairmen and issues such directions to them as may be necessary in respect of the procedure and work. He nominates members to various Standing Committees and the Department-related Parliamentary Committees. He himself is the Chairman of the Business Advisory Committee, the Rules Committee and the General Purposes Committee.
- It is the right of the Chairman to interpret the Constitution and rules so far as matters in or relating to the House are concerned, and no one can enter into any argument or controversy with the Chairman over such interpretation.
- It is customary for the Chairman to make appropriate references in the House on solemn occasions like anniversary of Universal Declaration of Human Rights by U.N., Martyrs Day, Quit India Day, anniversary of bombing of Hiroshima, Nagasaki, etc.
- The Chairman may place before the House motions or resolutions on matters of national or international importance to express the sentiments of the House on occurrences or events of great importance, or on a tragedy or happy event.
- The Chairman delivers farewell address when members retire on completion of their term of office in the Rajya Sabha and welcomes the newly elected members.
- Whenever any distinguished foreign visitors or members of parliamentary delegations from abroad are present in the Special Box to watch the proceedings of the House, the Chairman welcomes them to the country on behalf of the House.
- When a Bill is passed by the Houses and is in possession of the Rajya Sabha, the Chairman authenticates the Bill with his signature before presenting it to the President for assent.
- All matters not specifically provided for in the rules and all questions relating to the detailed working of the rules are regulated in such manner as the Chairman may, from time to time, direct.
- The Chairman, nominates six members on the Panel of Vice-Chairmen, one of whom presides over the House in the absence of both the Chairman and the Deputy Chairman. When neither the Chairman nor the Deputy Chairman and none of the Vice-Chairmen is present to preside, the House may choose any other member present to preside.
Conclusion:
The Chairman and Deputy Chairman of the Rajya Sabha play crucial roles in the functioning of the upper house of the Indian Parliament. The Vice President of India holds the position of the Chairman of the Rajya Sabha, as per the Constitution of India (Article 64). The Chairman oversees the smooth conduct of the proceedings in the Rajya Sabha, ensuring that debates and discussions are orderly and within the rules. The Chairman has the power to take disciplinary actions, such as suspending members for unruly behaviour. The Chairman also represents the Rajya Sabha in official functions and ensures that the Rajya Sabha’s decisions are implemented. The Chairman casts the deciding vote in case of a tie in voting.
The Deputy Chairman is elected by the members of the Rajya Sabha from among themselves (Article 89). The Deputy Chairman assists the Chairman in managing the affairs of the Rajya Sabha and acts as the presiding officer in the absence of the Chairman. The Deputy Chairman can also perform specific duties assigned by the Chairman and helps in maintaining order during debates and proceedings. In case of a vacancy in the position of the Chairman, the Deputy Chairman may assume the role temporarily until a new Chairman is elected.
In conclusion, the Chairman and Deputy Chairman of the Rajya Sabha are integral to the smooth functioning of the Rajya Sabha. While the Chairman holds the primary responsibility for maintaining order and conducting sessions, the Deputy Chairman supports this role and steps in when needed. Both positions ensure that the legislative process is carried out efficiently, maintaining the dignity and decorum of the Rajya Sabha.