Article 89 of Indian Constitution: The Chairman and Deputy Chairman of the Council of States

12/18/20233 min read

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Introduction

The Indian Constitution, adopted on January 26, 1950, is the supreme law of the land and provides the framework for the governance of India. It is a comprehensive document that outlines the powers, functions, and responsibilities of various organs of the government. One such important provision is Article 89, which deals with the appointment and role of the Chairman and Deputy Chairman of the Council of States, commonly known as the Rajya Sabha.

Understanding the Council of States

The Council of States, or the Rajya Sabha, is the upper house of the Parliament of India. It is a permanent body that represents the states and union territories of India. The Rajya Sabha plays a crucial role in the legislative process by reviewing and amending bills passed by the Lok Sabha, the lower house of Parliament. It also acts as a forum for discussing important national issues and providing a platform for the states to voice their concerns.

Appointment of the Chairman

Article 89 of the Indian Constitution deals with the appointment of the Chairman of the Rajya Sabha. According to this article, the Vice President of India, ex-officio, is the ex-officio Chairman of the Rajya Sabha. The Vice President is elected by an electoral college consisting of members of both houses of Parliament. The Chairman holds office for a term of five years or until he/she ceases to be a member of the Rajya Sabha, whichever is earlier.

The Chairman plays a crucial role in the functioning of the Rajya Sabha. He/she presides over the sessions of the house, maintains order, and ensures that the rules of procedure are followed. The Chairman also has the power to interpret the rules and procedures of the Rajya Sabha and decides on points of order raised by the members.

Role and Functions of the Chairman

The Chairman of the Rajya Sabha has several important functions and responsibilities. Some of the key roles of the Chairman are:

  1. Presiding over the sessions: The Chairman presides over the sessions of the Rajya Sabha and ensures that the proceedings are conducted in an orderly manner. He/she has the authority to adjourn or suspend the sitting of the house in case of any disruption or disorder.
  2. Casting vote: In case of a tie on any matter being voted upon, the Chairman has the casting vote. This means that he/she can exercise a vote to break the tie and decide the outcome of the vote.
  3. Referring bills to committees: The Chairman has the power to refer bills and other matters to the various committees of the Rajya Sabha for detailed examination and report. These committees play a crucial role in scrutinizing legislation and providing valuable inputs.
  4. Representing the Rajya Sabha: The Chairman represents the Rajya Sabha in its relations with the President, the Lok Sabha, and other authorities. He/she also represents the Rajya Sabha at official functions and on ceremonial occasions.
  5. Administrative functions: The Chairman has certain administrative functions related to the Rajya Sabha Secretariat, which is responsible for providing support services to the members and ensuring the smooth functioning of the house.

Appointment of the Deputy Chairman

Article 89 of the Indian Constitution also deals with the appointment of the Deputy Chairman of the Rajya Sabha. According to this article, the Deputy Chairman is elected by the members of the Rajya Sabha from among themselves. The Deputy Chairman holds office until he/she ceases to be a member of the Rajya Sabha or is removed by a resolution passed by the house.

The Deputy Chairman performs the duties of the Chairman in his/her absence and assists the Chairman in the smooth conduct of the proceedings. The Deputy Chairman also has the casting vote in case of a tie, similar to the Chairman.

Conclusion

Article 89 of the Indian Constitution provides for the appointment and role of the Chairman and Deputy Chairman of the Rajya Sabha, the upper house of Parliament. The Chairman, who is the Vice President of India, plays a crucial role in the functioning of the Rajya Sabha and ensures that the proceedings are conducted in an orderly manner. The Deputy Chairman assists the Chairman and performs the duties in his/her absence. Together, they contribute to the effective functioning of the Rajya Sabha and play a vital role in the legislative process of India.