Chairman & Deputy Chairman of Rajya Sabha

Chairman & Deputy Chairman of Rajya Sabha

TABLE OF CONTENTS

  1. Introduction
  2. Constitutional Provisions
  3. Who is the Chairman of Rajya Sabha?
  4. Election of Deputy Chairman
  5. Term of Office
  6. Removal of Chairman & Deputy Chairman
  7. Powers and Functions of Chairman
    • A. Administrative
    • B. Legislative
    • C. Financial
    • D. Judicial / Quasi-Judicial
    • E. Disciplinary
    • F. Committee-Related
  8. Chairman vs Speaker (Lok Sabha)
  9. Deputy Chairman: Powers & Functions
  10. Panel of Vice-Chairpersons
  11. Important Judicial Pronouncements
  12. Summary

1. Introduction

The Rajya Sabha (Council of States) has two main presiding officers:

  1. Chairman of Rajya Sabha
  2. Deputy Chairman of Rajya Sabha

The Chairman ensures the smooth functioning of the House, maintains discipline, and interprets rules. This role is similar to the Speaker of Lok Sabha, but with some key differences.

2. Constitutional Provisions

Presiding officers of Rajya Sabha are governed by:

  • Article 64 – Vice President is ex-officio Chairman
  • Article 89 – Chairman & Deputy Chairman
  • Article 90 – Vacation, resignation, removal
  • Article 91 – Powers of Deputy Chairman
  • Article 93–97 – Salaries, allowances
  • Articles 100–122 – Rules regarding Parliament
  • Rules of Procedure & Conduct of Business in Rajya Sabha

3. Who is the Chairman of Rajya Sabha?

Article 64 & 89(1)

  • The Vice President of India is the ex-officio Chairman of Rajya Sabha.
  • Not an elected member of the House.
  • Presides over all sittings of Rajya Sabha.
  • Acts as a neutral authority, above party politics.

Why VP is made Chairman?

  • Ensures separation from political influence
  • Provides continuity
  • Symbolic representation of national unity

4. Election of Deputy Chairman (Article 89(2))

  • Elected by members of Rajya Sabha from among themselves.
  • Process similar to election of Speaker in Lok Sabha.
  • Usually elected by consensual politics.
  • Simple majority of members present and voting required.

5. Term of Office

Chairman (Vice President)

  • Term: 5 years (Art. 67)
  • Continues until successor takes office
  • Remains Chairman even if Rajya Sabha membership changes

Deputy Chairman

  • Holds office as long as he/she is a Rajya Sabha MP
  • Usually 6-year term (term of MP)
  • Continues until a new Deputy Chairman is elected

6. Removal of Chairman & Deputy Chairman

A. Removal of Chairman (Vice President)

  • Through impeachment procedure under Article 67(b)
  • Resolution can be introduced only in Rajya Sabha
  • Must be passed by:
    • Effective majority of RS
    • Simple majority of LS
  • 14 days notice required.

B. Removal of Deputy Chairman (Article 90(e))

  • Resolution in Rajya Sabha
  • Passed by majority of all the then members (effective majority)
  • 14 days notice
  • Chairman (VP) cannot preside during this discussion
    • A Vice-Chairperson presides

7. Powers & Functions of Chairman of Rajya Sabha

A. Administrative Powers

  1. Presides over Rajya Sabha sessions
  2. Maintains order, decorum, discipline
  3. Decides who speaks and for how long
  4. Determines admissibility of:
    • Questions
    • Motions
    • Resolutions
  5. Final interpreter of:
    • Constitution
    • Rules of Procedure
    • Parliamentary conventions

B. Legislative Powers

  1. Decides whether a proposal is a Bill, Motion, Resolution, or Subordinate Legislation.
  2. Controls the scheduling and flow of legislative business.
  3. Can adjourn or suspend the House in disorderly situations.
  4. Sends Bills passed by Rajya Sabha to Lok Sabha and President.

C. Financial Powers

  • Rajya Sabha has limited financial powers.
  • Chairman presides over discussions on:
    • Appropriation Bill
    • Finance Bill
    • Budget discussions (but cannot amend money bills)

D. Judicial / Quasi-Judicial Powers

  1. Can decide issues of breach of privilege.
  2. Can refer matters to Privileges Committee.
  3. Can suspend members for misconduct.
  4. Role in impeachment:
    • Presides over sessions for impeachment of the President if initiated in Rajya Sabha.

E. Disciplinary Powers

  1. Suspend disorderly members
  2. Order removal of a member from the House
  3. Expunge unparliamentary expressions
  4. Enforce discipline in debates

F. Committee-Related Powers

Chairman is ex-officio Chairperson of:

  • Business Advisory Committee
  • Rules Committee
  • General Purposes Committee

Also:

  • Appoints members to committees
  • Nominates members for select/joint committees
  • Supervises major decision-making in committees.

8. Chairman vs Speaker (Lok Sabha)

FeatureChairman (RS)Speaker (LS)
Who is he?Vice President (ex-officio)Elected member of LS
House membershipNot a memberMember
Voting powerOnly casting voteCasting vote
Money BillCannot certifyCertifies Money Bills
Government responsibilityGovt not responsible to RSGovt responsible to LS
Anti-defectionNo roleDeciding authority
Removal MotionInitiated only in RSInitiated in LS

9. Deputy Chairman of Rajya Sabha

Powers & Functions (Article 91)

When presiding, has all powers of Chairman:

  • Maintains order
  • Admits motions and questions
  • Controls debates
  • Enforces disciplinary rules
  • Declares results of voting

When does Deputy Chairman preside?

  • Chairman is absent
  • Chairman’s office is vacant
  • Chairman is acting as President

Limitations

  • Cannot vote unless presiding
  • Cannot participate in House debates while presiding

10. Panel of Vice-Chairpersons

  • Chairman nominates a panel of 6 MPs
  • Any panel member can preside over the House
  • Their authority ends when Chairman/Deputy Chairman arrives

11. Important Judicial Pronouncements

1. Kihoto Hollohan v. Zachillhu (1992)

  • Chairman of RS does not decide defection cases under Tenth Schedule
  • Only Speaker/ Chairman of legislative assemblies/councils decide defection cases

2. Supreme Court in Rojer Mathew v. South Indian Bank (2019)

  • Stated that certification of Money Bills is not under Chairman’s domain (only Speaker’s).

3. Presidential Impeachment Jurisprudence

  • Chairman plays key role when impeachment motion originates in Rajya Sabha.

12. Summary

The Chairman and Deputy Chairman are central to the functioning of Rajya Sabha.

The Chairman (Vice President):

  • Presides over the House
  • Ensures discipline and order
  • Controls legislative procedure
  • Interprets rules
  • Heads major committees
  • Holds casting vote in case of tie

The Deputy Chairman, elected from the House, acts when the Chairman is absent and exercises full powers during presiding.

Together, they uphold the dignity, neutrality, and constitutional integrity of India’s upper house, ensuring effective functioning of the federal parliamentary system.

Leave a Reply