Part V: The Union

Chapter II: Parliament

Officers of Parliament

Article 91: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

Overview of Article 91: Deputy Chairman's Power

--- Original Article ---

A member holding office as Deputy Chairman of the Council of States—

  • (1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose.
  • (2) During the absence of the Chairman from any sitting of the Council of States, the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.

Explanation

Article 91 of the Constitution of India outlines the procedures for assigning duties when the Chairman of the Council of States (Rajya Sabha) is unable to fulfill his responsibilities. The Chairman of the Rajya Sabha is the Vice-President of India, and this article ensures that the legislative business of the upper house continues smoothly even during the Chairman's absence.

Clause-by-Clause Breakdown

Clause (1): Performance of Duties when the Office of Chairman is Vacant

This clause ensures that when the office of the Chairman (Vice-President) is vacant or when the Vice-President of India is temporarily acting as or discharging the functions of the President of India, the Deputy Chairman of the Rajya Sabha assumes the duties of the Chairman. If both the offices of the Chairman and the Deputy Chairman are vacant, the President of India can appoint a member of the Rajya Sabha to perform the Chairman's duties.

Example: In 2002, after the election of Bhairon Singh Shekhawat as Vice-President, he assumed the role of Chairman of the Rajya Sabha. In the event that he had to assume the role of the President temporarily, the Deputy Chairman would have been tasked with acting as the Chairman of the Rajya Sabha under Article 91(1).

Clause (2): Performance of Duties during the Chairman's Absence

Clause (2) addresses instances when the Chairman is temporarily absent from any session of the Rajya Sabha. In such cases, the Deputy Chairman assumes the role of Chairman for that session.

Example: During various sessions of Parliament, if the Chairman (Vice-President) is unavailable for a sitting, the Deputy Chairman Harivansh Narayan Singh has stepped in to preside over the session, demonstrating the process outlined in Article 91(2).

Historical Significance

The inclusion of Article 91 ensures the uninterrupted functioning of the Rajya Sabha. This provision reflects the constitutional framers' intent to maintain the smooth functioning of parliamentary democracy.

References

  • The Constitution of India, Article 91
  • Constituent Assembly Debates on Draft Articles related to the Council of States
  • D.D. Basu, Introduction to the Constitution of India
  • Granville Austin, The Indian Constitution: Cornerstone of a Nation
  • Records of Rajya Sabha proceedings, showing historical examples of the application of Article 91

Legislative History: Debates and Amendments

Article 91 of the Indian Constitution, originally proposed as Article 75 in the Draft Constitution, was officially adopted on May 19, 1949. No amendments were proposed by any members, and thus, the Constituent Assembly adopted it as originally drafted.

Article 90 Article 92

Frequently Asked Questions (FAQ)

Q1: What happens if both the Chairman and Deputy Chairman of the Rajya Sabha are absent?

If both the Chairman and Deputy Chairman are absent, a person determined by the rules of procedure or chosen by the Rajya Sabha will preside over the session, as outlined in Article 91(2).

Q2: Who assumes the role of Chairman when the Vice-President acts as President?

When the Vice-President of India acts as or discharges the functions of the President of India, the Deputy Chairman assumes the duties of the Chairman in the Rajya Sabha, as per Article 91(1).

More Information

To learn more about the workings of the Indian Parliament, visit the official Rajya Sabha website or the Lok Sabha website.