Article 89
Article 89 of the Constitution of India defines the offices of the Chairman and Deputy Chairman of the Council of States (Rajya Sabha). These positions form the core of the leadership structure of the Rajya Sabha, ensuring order, continuity, and effective management of its proceedings. The Article provides for the Vice-President of India to act as the ex-officio Chairman of the Rajya Sabha and for the election of a Deputy Chairman from among its members.
Constitutional Provision and Structure
Article 89, contained in Part V, Chapter II of the Constitution, lays down three key clauses:
- Article 89(1): The Vice-President of India shall be the ex-officio Chairman of the Council of States (Rajya Sabha).
- Article 89(2): The Rajya Sabha shall elect one of its members to be the Deputy Chairman, who presides in the absence of the Chairman.
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Article 89(3): The Deputy Chairman shall vacate his office when:
- He ceases to be a member of the Rajya Sabha.
- He resigns by writing to the Chairman.
- He is removed from office by a resolution of the Rajya Sabha passed by a majority of all its members.
This framework ensures that the Rajya Sabha always has a presiding officer to conduct its proceedings smoothly, maintaining the continuity and stability of parliamentary functioning.
The Chairman of the Rajya Sabha
The Chairman of the Rajya Sabha is the Vice-President of India, who occupies this office by virtue of holding the Vice-Presidential position, thus making it an ex-officio role.
Functions and Powers:
- Presiding Authority: The Chairman presides over the sittings of the Rajya Sabha and ensures order, discipline, and decorum during debates and discussions.
- Interpretation of Rules: He decides on questions relating to the interpretation of the Constitution, rules, and procedures of the House.
- Casting Vote: In the event of a tie during voting, the Chairman has a casting vote, which determines the outcome of the matter under consideration.
- Maintenance of Decorum: The Chairman can suspend or direct members to withdraw from the House in cases of disorderly conduct.
- Administrative Role: The Chairman oversees the functioning of the Rajya Sabha Secretariat and ensures the smooth conduct of its legislative business.
Limitations:
- The Chairman is not a member of the Rajya Sabha, though he presides over it. Consequently, he does not have the right to vote in the first instance.
- When presiding, the Chairman must maintain political neutrality and cannot engage in debates or partisan discussions.
The office embodies the constitutional impartiality required of presiding officers in a parliamentary democracy.
The Deputy Chairman of the Rajya Sabha
The Deputy Chairman is elected from among the members of the Rajya Sabha. This ensures that the position represents the will of the House.
Functions and Responsibilities:
- Presiding in Absence of the Chairman: The Deputy Chairman performs all duties of the Chairman when the latter is absent.
- Maintenance of Order: When presiding, he exercises the same powers as the Chairman in maintaining decorum and conducting business.
- Representation Role: The Deputy Chairman often represents the Rajya Sabha in inter-parliamentary conferences or official functions when deputed.
Vacancy and Removal:
- The office of the Deputy Chairman becomes vacant when he ceases to be a member of the Rajya Sabha or resigns.
- The Rajya Sabha can remove the Deputy Chairman by a majority resolution, provided a 14-day notice is given for the motion.
- In case of a vacancy, the House must elect a new Deputy Chairman as soon as possible to ensure leadership continuity.
This provision guarantees the autonomy of the House in electing its own officers and maintaining its internal functioning.
Acting Chairmanship
When both the Chairman and the Deputy Chairman are absent, or when their offices are vacant, the duties of the presiding officer are performed by a member of the Rajya Sabha appointed by the President, as per parliamentary procedure. This ensures there is no interruption in the legislative work of the House.
Related Constitutional Articles
Article 89 must be understood in relation to other provisions concerning the Parliament:
- Article 64: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
- Article 85: Deals with the sessions, prorogation, and dissolution of Parliament.
- Article 93: Provides for the Speaker and Deputy Speaker of the Lok Sabha, who hold analogous positions to the Chairman and Deputy Chairman of the Rajya Sabha.
- Article 94: Deals with the vacation and removal of the Speaker and Deputy Speaker.
Together, these provisions create a coherent constitutional structure for leadership across both Houses of Parliament.
Judicial Interpretation and Landmark Judgments
While there are no extensive judicial pronouncements solely on Article 89, several related Supreme Court cases have clarified the powers, privileges, and responsibilities of the presiding officers of Parliament:
- K. S. Venkataraman v. Union of India (1954): The Court examined the authority of the Chairman in maintaining order and the validity of decisions taken under his direction.
- Indira Gandhi v. Raj Narain (1975): Discussed the Vice-President’s role as Chairman of the Rajya Sabha, highlighting his constitutional duties and privileges in maintaining impartiality.
- K. K. Verma v. Union of India (1975): Addressed the procedures related to the election of the Deputy Chairman and the constitutional implications of a vacancy in the office.
These decisions reaffirm that the Chairman’s authority is constitutional and procedural rather than political, reinforcing the independence of the parliamentary presiding officers.
Significance of Article 89
Article 89 plays a central role in ensuring the smooth and impartial functioning of the Rajya Sabha. Its significance lies in several key aspects:
- It guarantees continuity in leadership by designating both a Chairman and a Deputy Chairman.
- It promotes political neutrality by making the Vice-President — a non-member — the presiding officer of the Upper House.
- It preserves institutional balance, ensuring the Rajya Sabha operates efficiently even in the absence of its principal presiding officer.
- It upholds parliamentary discipline and order, enabling effective deliberation and legislative productivity.
Through this mechanism, Article 89 strengthens the stability and autonomy of the Rajya Sabha, contributing to the overall effectiveness of India’s bicameral legislature.
Historical and Constitutional Context
During the framing of the Constitution, the Constituent Assembly debated the need for an impartial presiding officer for the Council of States. It was decided that the Vice-President should serve as the Chairman, similar to the British model where the Lord Chancellor presides over the House of Lords. This arrangement was adopted to ensure that the presiding officer remains above party politics.
The post of Deputy Chairman, however, was designed to be elected by the House, reflecting democratic representation within the chamber itself.
This balance between constitutional impartiality and parliamentary democracy lies at the heart of Article 89.
Contemporary Relevance
In contemporary times, the Chairman and Deputy Chairman continue to play crucial roles in maintaining the dignity and efficiency of the Rajya Sabha. The Chairman’s rulings on matters such as points of order, suspension of members, and interpretation of parliamentary rules have become essential precedents guiding the House’s conduct.
The Deputy Chairman’s election often carries political significance, reflecting the relative strength of parties within the Rajya Sabha and the spirit of cooperation between government and opposition.
Conclusion
Article 89 of the Indian Constitution ensures that the Council of States functions with order, impartiality, and continuity through the offices of the Chairman and Deputy Chairman. By vesting presiding authority in the Vice-President of India and providing for an elected Deputy Chairman, the Constitution strikes a balance between executive representation and parliamentary independence.