Chairperson and Deputy Chairperson of Rajya Sabha: Roles, Powers and Constitutional Provisions

Chairperson and Deputy Chairperson of Rajya Sabha: Roles, Powers and Constitutional Provisions

The Chairperson and Deputy Chairperson of the Rajya Sabha hold crucial roles in India’s legislative process. Their duties and functions are designed to ensure smooth and effective parliamentary proceedings. These positions, backed by constitutional provisions, play a vital part in upholding the integrity and functionality of the Rajya Sabha.

Roles and Responsibilities of the Chairperson and Deputy Chairperson of Rajya Sabha

Chairperson of Rajya Sabha: Constitutional Provisions and Roles

• Constitutional Provisions: Articles 89 to 92 of the Constitution constitute provisions related to the Chairperson and the Deputy-Chairperson of the Council of States (Rajya Sabha). Article 89 provides for the office of the Chairman of the Council of States.
• Role of the Chairperson: The presiding officer of the Rajya Sabha is known as the Chairperson. 
• Election of the Chairperson: The Vice-President of India, who is also the ex-officio Chairperson of Rajya Sabha, is elected for a term of five years by an electoral college consisting of the members (elected and nominated)  of both the Houses of Parliament (and not that of the state legislative assemblies)  in accordance with the system of proportional representation by means of single transferable vote. 
• Election Disputes: All disputes regarding the election of the Vice-President are decided by the Supreme Court and the decision is final.
• Presiding Over Rajya Sabha: The Vice-President presides over the sittings of the Rajya Sabha. 
  • He is not a member of either House of Parliament or of a House of Legislature of any State.

Role of the Vice-President as Acting President (Article 65)

• Holds a distinct position within the Indian political system.
• Steps into the President’s responsibilities during the President’s absence, illness, or other such incapacities.
• Relinquishes the role of Chairperson of the Rajya Sabha while acting as the President.

Removal Process

• Removal Process: He/she may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the council and agreed to by the House of the People.
• Effective Majority Requirement: This implies that the resolution for removal should secure an effective majority in the Rajya Sabha and a simple majority in the Lok Sabha. 
• Origin of Resolution: This resolution must originate in the Rajya Sabha and not in the Lok Sabha. 
• Notice Period: However, it cannot be introduced without providing a minimum of 14 days prior notice.
• Grounds for Removal: The Constitution does not specify grounds for his removal.
• Voting Rights During Removal: He/she is not entitled to vote on a resolution for his/her removal as he/she is not a member of the Rajya Sabha (Article 92). 
  • Although, he may be present and take part in the proceedings, without voting.

Comparison Between The Office Of The Speaker Of Lok Sabha Versus The Chairperson Of The Rajya Sabha

• The duties and powers of the Chairperson are similar to that of the Speaker of the Lok Sabha with some differences.

Deputy Chairperson of Rajya Sabha

Office of the Deputy Chairman:  Article 89 provides for the office of the Deputy Chairman of the Council of States.

• Election of Deputy Chairperson: The Deputy Chairperson of the Rajya Sabha is elected internally by  members of House.
• Filling Vacancies: On vacancy, the Rajya Sabha elects a new Deputy Chairperson.
• Conditions for Vacating Office: The Deputy Chairperson’s office is vacated if
  • The holder is no longer a member of the Rajya Sabha.
  • The holder resigns in writing to the Chairperson.
  • The holder is removed by a majority of all the then members of the Rajya Sabha, with at least 14 days’ notice.
• Assumption of Chairperson’s Duties: He assumes the Chairperson’s duties when:
  • The Chairperson’s office is vacant.
  • The Vice-President (who is the Chairperson) performs the President’s duties.
• Powers of Deputy Chairperson: He possesses all the powers of the Chairperson when presiding.
  • He is not subordinate to the Chairperson but accountable to the Rajya Sabha.
• Voting Rights: While presiding he cannot vote initially but may cast a tie-breaking vote. 
  • And when the chairperson is presiding over the sitting he, like any other member, can vote on any matter in the first instance.
• Role During Removal Resolution: While a removal resolution against the Deputy Chairperson is discussed, he can’t preside but may attend, participate, and vote ( Article 92).
• Ordinary Member Rights: As an ordinary member of the Rajya Sabha, the Deputy Chairperson can speak, vote, and engage in debates when the Chairperson presides.
• Salary and Allowances: He receives a fixed salary and allowances that are charged on the Consolidated Fund of India, set by the Parliament.

Panel of Vice-Chairpersons the Rajya Sabha

• Absence of Chairperson and Deputy Chairperson: In the case of the absence of both the Chairperson and the Deputy Chairperson, one of the members nominated by the Chairperson on the Panel of Vice-Chairpersons presides over the sittings of the Rajya Sabha (Article 91). 
• Absence of Vice-Chairperson from Panel: When the member from the panel of vice-chairperson is absent, the House choses a member to head the sitting. 
• Vacancy of Chairperson and Vice-Chairperson: But if the office of the Chairperson and the Vice-Chairperson is vacant then the functions of the Chairperson are performed by a member appointed by the President for the purpose, a member of the panel of Vice-Chairpersons can not preside over the House in this case.

Conclusion

Understanding the roles and responsibilities of the Chairperson and Deputy Chairperson is essential for grasping the dynamics of the Rajya Sabha. 

• By following clear guidelines and maintaining accountability, these positions help facilitate the legislative process and uphold democratic principles within the Indian Parliament.

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