Article 91

Article 91 of the Constitution of India provides the mechanism for ensuring the continuity of leadership and smooth functioning of the Council of States (Rajya Sabha) in cases where the Chairman (Vice-President of India) is unable to perform his duties due to absence or vacancy of office. This provision safeguards the uninterrupted conduct of parliamentary proceedings, maintaining the stability and institutional integrity of the Rajya Sabha.

Constitutional Framework and Purpose

The Chairman of the Rajya Sabha plays a pivotal role as the presiding officer of the Upper House. Since the Chairman is the Vice-President of India, situations may arise where he is unable to discharge his functions—either due to vacancy of office, illness, resignation, or other temporary absence.
Article 91 addresses such contingencies by providing a structured arrangement that ensures that the House does not remain without a presiding authority at any time. It thereby upholds the continuity of legislative business and the dignity of parliamentary governance.

Key Provisions of Article 91

Article 91 provides for two distinct scenarios—vacancy in the office of the Chairman and temporary absence of the Chairman during a sitting of the House.

1. When the Office of the Chairman is Vacant
   • The Deputy Chairman of the Rajya Sabha automatically assumes the duties of the Chairman.
   • If the office of the Deputy Chairman is also vacant, the President of India may appoint a member of the Rajya Sabha to perform the duties of the Chairman until either office is filled.
   • This ensures that the presiding authority of the House is never left unoccupied, even in extraordinary circumstances.
2. When the Chairman is Absent During a Sitting
   • During any sitting of the Rajya Sabha, if the Chairman is temporarily absent, the Deputy Chairman presides over the House.
   • If both the Chairman and Deputy Chairman are absent, the rules of procedure of the Rajya Sabha determine which member will act as Chairman.
   • If no such member has been designated, the Council itself chooses a member to preside over the sitting.

This provision reflects the framers’ foresight in ensuring that no legislative sitting is disrupted due to the absence of the presiding officer.

Hierarchy of Authority under Article 91

The Article establishes a clear order of succession for the presiding authority in the Rajya Sabha:

1. Chairman (Vice-President of India) – Primary presiding officer.
2. Deputy Chairman – Acts as Chairman in the latter’s absence or upon vacancy.
3. Member appointed by the President – Performs duties if both the Chairman and Deputy Chairman’s offices are vacant.
4. Member designated under the rules of procedure – Presides during temporary absences.
5. Member chosen by the House – Acts as Chairman if no other arrangement exists.

This systematic hierarchy guarantees that the Rajya Sabha remains functional under all circumstances.

Related Constitutional Articles

Article 91 is interconnected with several other constitutional provisions that define the composition and leadership of Parliament:

• Article 63: Establishes the office of the Vice-President of India, who serves as the ex-officio Chairman of the Rajya Sabha.
• Article 64: States that the Vice-President shall act as the Chairman of the Rajya Sabha.
• Article 89: Provides for the election of the Deputy Chairman and his duties.
• Article 90: Lays down the procedure for vacation, resignation, and removal of the Deputy Chairman.

Together, these Articles form a coherent framework ensuring the orderly conduct and leadership succession of the Rajya Sabha.

Significance and Objectives of Article 91

The significance of Article 91 lies in its continuity clause, which ensures that the legislative process is not disrupted by administrative or procedural uncertainties. Its main objectives include:

• Uninterrupted Functioning: The Rajya Sabha continues its proceedings even during vacancies or absences.
• Administrative Stability: Provides a legally defined mechanism for succession in presiding roles.
• Constitutional Clarity: Prevents confusion or disputes regarding who presides over the House in special situations.
• Maintenance of Decorum: Ensures that a presiding authority is always available to enforce rules, maintain order, and guide discussions.

By defining clear contingencies, the Article reinforces the stability and institutional resilience of the parliamentary system.

Procedural Aspects

The Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha Rules) elaborate upon the operational details of Article 91:

• Rule 8 empowers the Deputy Chairman to preside over the House in the Chairman’s absence.
• Rule 9 provides for a panel of Vice-Chairmen appointed by the Chairman, from among members of the House, to preside in the absence of both the Chairman and Deputy Chairman.
• If none of these individuals is available, the House elects a member to preside for that sitting.

This system ensures that the Rajya Sabha is self-regulating, enabling continuity without external interference.

Practical Implications

In practice, Article 91 has been invoked several times to manage routine and extraordinary situations:

• During the absence of the Vice-President, the Deputy Chairman presides over the Rajya Sabha, often for extended sessions.
• In case of a vacancy in the Vice-President’s office, a member appointed by the President performs the functions until a new Vice-President is elected.
• The panel of Vice-Chairmen frequently presides during short-term absences, ensuring seamless legislative proceedings.

These arrangements allow Parliament to function efficiently even when high offices are temporarily unoccupied.

Historical Context

The provisions of Article 91 were inspired by the British parliamentary system, where the House of Lords has designated presiding officers who act in the absence of the Lord Chancellor. In India, the Constituent Assembly adopted a similar model but adapted it to a republican framework by clearly defining the succession mechanism within the Constitution itself.
This reflected the framers’ emphasis on institutional continuity and constitutional precision, ensuring that the functioning of the Upper House is never dependent on the availability of a single individual.

Comparison with the Lok Sabha

Similar provisions exist for the Lok Sabha (House of the People) under Article 95, which deals with the powers of the Deputy Speaker or any other person to act as Speaker in his absence or upon vacancy. This parity between both Houses underscores the constitutional commitment to uniform parliamentary governance.

Judicial and Constitutional Interpretation

There have been no major Supreme Court cases directly interpreting Article 91. However, its intent and operation have been reinforced through broader constitutional principles:

• The judiciary recognises that the internal proceedings of Parliament are largely beyond judicial review, except in cases of constitutional violations.
• The presiding officers’ powers under such provisions are regarded as institutional safeguards rather than discretionary privileges.

In this sense, Article 91 contributes to the self-sufficiency and autonomy of Parliament.

Contemporary Relevance

In modern parliamentary practice, Article 91 remains crucial for ensuring procedural continuity and institutional balance. The existence of a clear mechanism for succession prevents legislative paralysis and reinforces the credibility and resilience of the Rajya Sabha.
It also reflects India’s commitment to the Westminster principles of parliamentary democracy, where the legislature operates seamlessly, irrespective of temporary vacancies or absences in high offices.

Conclusion

Article 91 of the Indian Constitution provides a constitutionally secure and orderly framework for maintaining leadership and procedural continuity in the Rajya Sabha. By empowering the Deputy Chairman, the President’s appointee, or another designated member to act as Chairman when necessary, it ensures that the legislative functions of the Upper House remain uninterrupted.