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Article 64 of the Indian Constitution: The Vice-President to be ex-officio Chairman of the Council of States

Part: V
Shorthand Notes: VP = Ex-officio RS Chairman, no other office of profit

Article 64 of the Indian Constitution defines a crucial dual role for the Vice-President of India. It mandates that the Vice-President shall serve as the ex-officio Chairman of the Rajya Sabha, the upper house of the Indian Parliament. This article is fundamental to understanding the powers, functions, and position of the Vice-President within the Indian political system.

This provision highlights a unique aspect of the Vice-President’s office, linking it directly to the legislative functioning of the Union. It ensures the Vice-President has a significant constitutional responsibility beyond that of merely succeeding the President in unforeseen circumstances.

Original Text

Article 64. The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit:

Provided that during any period when the Vice-President acts as, or discharges the functions of, the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

Detailed Explanation

Article 64 primarily lays down two key provisions regarding the Vice-President’s role:

  1. Ex-officio Chairman of the Council of States: This is the most significant function assigned to the Vice-President by the Constitution. The term “ex-officio” means “by virtue of one’s office”. Thus, simply by holding the office of Vice-President, the incumbent automatically becomes the Chairman of the Rajya Sabha (Council of States). This role is similar to that of the Speaker in the Lok Sabha. The Chairman presides over the sittings of the Rajya Sabha, maintains order, allows or disallows questions, and generally conducts the business of the House according to the rules of procedure. The Chairman has a casting vote in case of a tie, but ordinarily does not vote. This is a key difference from the Speaker of the Lok Sabha, who also has a casting vote but is generally expected to be politically neutral after election. The Vice-President, while presiding over the Rajya Sabha, is expected to be non-partisan and uphold the dignity of the House.

  2. Shall not hold any other office of profit: The article explicitly states that the Vice-President, while serving as the ex-officio Chairman of the Rajya Sabha, shall not hold any other ‘office of profit’. An office of profit is generally interpreted as a position that brings to the person holding it some financial gain or benefit, or allows influence over others. The intention behind this prohibition is to ensure the Vice-President’s focus remains on their constitutional duties and to prevent conflicts of interest.

The Proviso to Article 64 is crucial. It addresses the scenario where the Vice-President is called upon to act as, or discharge the functions of, the President under Article 65 (which deals with the vacancy in the office of President or during the absence/inability of the President). During such a period, the Vice-President ceases to perform the duties of the Chairman of the Council of States. Consequently, they are also not entitled to the salary or allowances payable to the Chairman of the Council of States under Article 97. When acting as President, the Vice-President is entitled to the salary, allowances, and privileges of the President. The Deputy Chairman of the Rajya Sabha performs the duties of the Chairman during this period.

It is important to note that the primary function of the Vice-President is presiding over the Rajya Sabha. The salary and allowances the Vice-President receives are, in fact, attached to the office of the Chairman of the Council of States, as per Article 97, rather than the office of the Vice-President itself.

Detailed Notes

  • Article 64 defines a core function of the Vice-President of India.
  • The Vice-President is the ex-officio Chairman of the Council of States (Rajya Sabha) by virtue of their office.
  • “Ex-officio” means automatically by holding a particular office.
  • The Vice-President presides over the sittings of the Rajya Sabha.
  • Duties include maintaining order, regulating proceedings, admitting questions, etc., as per the rules of the House.
  • The Chairman has a casting vote in case of a tie but does not vote in the first instance.
  • This role makes the Vice-President an integral part of the legislative wing of the Union government.
  • The Vice-President shall not hold any other office of profit while serving as ex-officio Chairman.
  • This ensures dedication to constitutional duties and prevents conflict of interest.
  • Proviso: If the Vice-President acts as or discharges the functions of the President under Article 65:
    • They shall not perform the duties of the Chairman of the Council of States.
    • They shall not be entitled to the salary or allowances payable to the Chairman of the Council of States under Article 97.
    • During this period, they receive the salary, allowances, and privileges of the President.
    • The Deputy Chairman of the Rajya Sabha performs the duties of the Chairman.
  • The salary and allowances of the Vice-President are primarily drawn in their capacity as the Chairman of the Rajya Sabha (Article 97).
  • The concept of the Vice-President as Chairman of the Upper House is inspired by the American system, where the U.S. Vice-President is the President of the Senate.

Additional Comments

  • The office of the Vice-President and its functions under Article 64 reflect a blend of constitutional design influences, notably from the United States.
  • While the Vice-President is the Chairman of the Rajya Sabha, they are not a member of the Rajya Sabha. This is a significant difference compared to the Speaker of the Lok Sabha, who is a member of the Lok Sabha.
  • As Chairman, the Vice-President’s role is primarily parliamentary and ceremonial, focusing on the orderly conduct of Rajya Sabha proceedings. They do not participate in the discussions or vote except in the case of a tie.
  • The prohibition on holding an office of profit reinforces the separation of powers and the dignity of the high office.
  • The proviso ensures that when the Vice-President steps into the role of President, there is no constitutional vacuum in either office, and the duties and emoluments are appropriately shifted.

Summary

Article 64 of the Indian Constitution establishes the Vice-President as the ex-officio Chairman of the Council of States (Rajya Sabha). It mandates that the Vice-President, while holding this position, shall not hold any other office of profit. A proviso clarifies that if the Vice-President assumes the duties of the President under Article 65, they cease to perform the duties of the Chairman of the Council of States and become entitled to the emoluments of the President, while not receiving those of the Chairman. This article defines the Vice-President’s primary constitutional function within the legislative branch and prevents potential conflicts of interest.
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