Article 89 of the Indian Constitution is a foundational provision concerning the structure and functioning of the Council of States (Rajya Sabha), the upper house of the Indian Parliament. It establishes the roles of the principal presiding officers of the Rajya Sabha, namely the Chairman and the Deputy Chairman. This article is crucial for understanding the leadership and operational dynamics of the Rajya Sabha.
The article outlines who serves as the Chairman by virtue of their office and how the Deputy Chairman is selected from among the members of the House, ensuring continuity and efficient conduct of legislative business.
Original Text
89. The Chairman and Deputy Chairman of the Council of States
(1) The Vice-President of India shall be ex officio Chairman of the Council of States.
(2) 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.
Detailed Explanation
Article 89 consists of two clauses, each addressing a specific role within the leadership of the Rajya Sabha.
Clause (1): The Chairman This clause unequivocally states that the Vice-President of India shall be the ex-officio Chairman of the Council of States. The term “ex-officio” means “by virtue of one’s office”. Therefore, whoever holds the office of the Vice-President automatically becomes the Chairman of the Rajya Sabha, without requiring any separate election or appointment to this role. The Vice-President’s primary function in this capacity is to preside over the sittings of the Rajya Sabha. As the presiding officer, the Chairman maintains order and decorum in the House, regulates its proceedings, interprets the rules of procedure, and puts questions to the vote. It is important to note that while presiding, the Chairman is not a member of the Rajya Sabha itself. This is a unique feature, contrasting with the Speaker of the Lok Sabha, who is a member of that House. The Vice-President can only vote in the case of a tie (casting vote), similar to the Speaker.
Clause (2): The Deputy Chairman This clause provides for the election of a Deputy Chairman by the members of the Council of States. The Rajya Sabha is mandated to choose one of its own members to be the Deputy Chairman as soon as possible after the Council is constituted or whenever the office of the Deputy Chairman falls vacant. This ensures that there is always a member of the House available to preside over its sittings in the absence of the Chairman. The Deputy Chairman performs the duties of the Chairman when the Chairman is absent from a sitting of the House. Furthermore, Article 90 of the Constitution stipulates that the Deputy Chairman shall perform the duties of the office of the Chairman when the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, the President. The Deputy Chairman is a full member of the Rajya Sabha and can participate in debates and vote on matters before the House when they are not presiding. The Deputy Chairman is elected by a simple majority of the members present and voting in the Rajya Sabha.
Detailed Notes
- Article 89 of the Indian Constitution deals with the Chairman and Deputy Chairman of the Council of States (Rajya Sabha).
- Clause (1): Establishes the Vice-President of India as the ex-officio Chairman of the Rajya Sabha.
- Ex-officio means by virtue of holding another office (in this case, Vice-President).
- The Vice-President, as Chairman, presides over the sittings of the Rajya Sabha.
- The Chairman is not a member of the Rajya Sabha.
- The Chairman’s role includes maintaining order, regulating proceedings, and interpreting rules.
- The Chairman has a casting vote only in case of a tie.
- Clause (2): Provides for the election of a Deputy Chairman by the members of the Rajya Sabha.
- The Deputy Chairman must be chosen from among the members of the Rajya Sabha.
- The election is conducted by the Rajya Sabha itself, usually by a simple majority.
- The Deputy Chairman performs the duties of the Chairman when the Chairman is absent from a sitting.
- As per Article 90, the Deputy Chairman also acts as Chairman when the office of Chairman is vacant or when the Vice-President is discharging the functions of the President.
- The Deputy Chairman retains their right to speak and vote in the House when not presiding.
- The Deputy Chairman can be removed from office by a resolution passed by a majority of all the then members of the Council (as per Article 90(c)).
Additional Comments
- The arrangement under Article 89 signifies the constitutional link between the office of the Vice-President and the Rajya Sabha.
- The Vice-President, while being part of the Union Executive (elected by an electoral college similar to the President), serves a crucial function in the Union Legislature as the presiding officer of the upper house.
- This dual role for the Vice-President is a distinctive feature of the Indian parliamentary system, differing from some other parliamentary democracies.
- In the hierarchy of presiding officers for the Rajya Sabha, the Chairman (Vice-President) is at the apex, followed by the Deputy Chairman. The rules of the Rajya Sabha also provide for a panel of Vice-Chairpersons nominated by the Chairman to preside in the absence of both the Chairman and the Deputy Chairman.
- The Deputy Chairman’s position is analogous to the Deputy Speaker in the Lok Sabha, both being elected from amongst the members of their respective Houses and presiding in the absence of the main presiding officer.
Summary
Article 89 of the Indian Constitution establishes the presiding officers of the Council of States (Rajya Sabha). It mandates that the Vice-President of India shall serve as the ex-officio Chairman of the House. The article further requires the Rajya Sabha to elect one of its own members to be the Deputy Chairman. These provisions ensure the continuous and orderly conduct of legislative business in the upper house of Parliament, with the Chairman (Vice-President) as the primary presiding officer and the Deputy Chairman assuming this role in the Chairman’s absence or when the office of Chairman is vacant.