Part VI: The States

Chapter IV: Officers of the State Legislature

Article 184: Power of the Deputy Chairman or Other Person to Act as Chairman

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(1) While the office of Chairman is vacant, 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 as the Governor may appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Council, 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.

Explanations

Article 184 establishes the authority of the Deputy Chairman and other Council members to perform the duties of the Chairman in cases of absence or vacancy. This structure ensures continuous leadership, preventing procedural disruptions in the Council.

Key Provisions

• Clause (1): Succession of Duties When Chairman’s Office is Vacant
  • In case of a vacancy, the Deputy Chairman assumes the duties of the Chairman.
  • If both offices are vacant, the Governor appoints a Council member to act as Chairman.
• Clause (2): Acting Chairman During Temporary Absences
  • During the Chairman’s temporary absence, the Deputy Chairman acts as Chairman.
  • If the Deputy Chairman is also absent, another member, as per the Council’s rules, may preside.

Real-Life Example

• In the Rajya Sabha, if the Chairman and Deputy Chairman are both unavailable, a senior member is appointed to preside, maintaining continuity in the proceedings.

Historical Significance

Reflecting established parliamentary protocols, Article 184 upholds procedural continuity, inspired by similar practices in the British parliamentary system.

References

• Constitution of India, Article 184
• Rules of Procedure for the Rajya Sabha

Legislative History

Article 184, presented as Article 162 in the Draft Constitution, was incorporated without modification into the Constitution on January 2, 1949.