The Chairman of the Rajya Sabha, also known as the Vice President of India, holds a significant constitutional status in India. The role and constitutional provisions associated with the Chairman of the Rajya Sabha are outlined in the Constitution of India.
Constitutional Provisions:
Article 64: Election of Vice President: Article 64 of the Constitution provides for the election of the Vice President, who ex officio serves as the Chairman of the Rajya Sabha. The Vice President is elected by an electoral college consisting of members of both houses of Parliament (Lok Sabha and Rajya Sabha).
Article 65: The Vice President to be ex officio Chairman of the Council of States: Article 65 explicitly states that the Vice President shall be the ex officio Chairman of the Rajya Sabha. The Vice President holds this position during their term of office.
Article 66: Term of Office of Vice President: Article 66 specifies the term of office for the Vice President. The Vice President’s term is five years, and they can be re-elected for additional terms.
Roles and Functions:
Presiding Over Sessions: The Chairman of the Rajya Sabha presides over its sessions. As the presiding officer, the Chairman ensures the smooth conduct of proceedings, maintains order, and interprets parliamentary rules.
Casting Vote: The Chairman has a casting vote in case of a tie on any matter being voted upon in the Rajya Sabha. This vote is exercised in addition to the Chairman’s original vote.
Decision on Points of Order: The Chairman has the authority to decide on points of order raised by members during debates. The rulings made by the Chairman on parliamentary procedures are considered final, subject to the house’s discretion.
Representation of the Rajya Sabha: The Chairman represents the Rajya Sabha in its relations with the President of India, the Lok Sabha, and other authorities, both within and outside India.
Constitutional Duties: The Chairman performs certain constitutional duties, such as addressing joint sittings of both houses, communicating messages from the President to the Rajya Sabha, and certifying money bills.
Committee on Rules: The Chairman is the ex-officio chairman of the Committee on Rules, which deals with matters related to the rules of procedure and conduct of business in the Rajya Sabha.
Committee on Privileges: The Chairman presides over the Committee of Privileges, which examines matters related to the privileges of members and breaches thereof.
Independence and Impartiality:
Non-Partisan Role: The Chairman is expected to maintain impartiality and act in a non-partisan manner. While elected from among the members of a political party, the Chairman is required to sever ties with their party upon assuming the office.
Independence in Decision Making: The Chairman exercises independence in presiding over the Rajya Sabha, ensuring fairness and impartiality in their decisions.
Removal and Resignation:
Impeachment Process: The Constitution does not provide for the impeachment of the Vice President or the removal of the Chairman. However, if the Vice President ceases to be a member of the Rajya Sabha, they also cease to be the Chairman.
Resignation: The Chairman can resign by submitting a resignation letter to the Vice President. The resignation becomes effective when accepted by the Vice President.
Conclusion:
The constitutional status of the Chairman of the Rajya Sabha is well-defined in the Constitution of India. The Chairman plays a crucial role in the functioning of the Rajya Sabha, ensuring the effective conduct of proceedings, upholding parliamentary rules, and representing the interests of the upper house in various capacities. The Chairman’s impartiality and independence are key to maintaining the dignity and integrity of the Rajya Sabha.
