Role of the Vice-President as Ex-Officio Chairman of the Rajya Sabha (Article 64)

At a Glance

• What it is The Vice-President’s first function: presiding over the Rajya Sabha
• Article Article 64
• Resembles The American Vice-President as Chairman of the Senate
• Powers Similar to the Speaker of the Lok Sabha
• Exam link UPSC Prelims, Polity: Vice-President

Where Does It Fit?

This is the third topic of the category on the Vice-President. The functions of the Vice-President are two-fold. The first, and the one that is the principal day-to-day function, is to act as the ex-officio Chairman of the Rajya Sabha.

What Article 64 Provides

Article 64 provides that the Vice-President shall be the ex-officio Chairman of the Council of States, the Rajya Sabha. As Chairman, the Vice-President’s powers and functions are similar to those of the Speaker of the Lok Sabha. In this respect the Vice-President resembles the American Vice-President, who also acts as the Chairman of the Senate, the upper house of the American legislature. The Vice-President is not a member of the Rajya Sabha, since a member of Parliament who is elected Vice-President is deemed to vacate the seat on entering the office.

Salary as Chairman

The Constitution has not assigned any emoluments to the Vice-President as such. The Vice-President draws the regular salary in the capacity of ex-officio Chairman of the Rajya Sabha. Parliament increased the salary of the Chairman of the Rajya Sabha in 2018 from Rs 1.25 lakh to Rs 4 lakh per month, with effect from 1 January 2016, under the Salaries and Allowances of Officers of Parliament Act, 1953. During any period when the Vice-President is acting as President or discharging the functions of the President, the Vice-President is not entitled to the salary and allowances payable to the Chairman but gets the salary and allowances of the President.

Duties During Acting Periods

While acting as President or discharging the functions of the President, the Vice-President does not perform the duties of the office of the Chairman of the Rajya Sabha. During this period those duties are performed by the Deputy Chairman of the Rajya Sabha. The Deputy Chairman is thus the officer who steps in when the Chairman is absent or when the Vice-President is acting as President.

Powers of the Chairman Compared with the Speaker

As a presiding officer, the Chairman’s powers are similar to the Speaker’s, except that the Speaker has two special powers that the Chairman does not enjoy: the Speaker decides whether a bill is a money bill and the decision is final, and the Speaker presides over a joint sitting of the two Houses. Unlike the Speaker, who is a member of the House, the Chairman is not a member of the House. Like the Speaker, the Chairman cannot vote in the first instance but can cast a vote in the case of an equality of votes. The Chairman can be removed only if removed from the office of the Vice-President. The Vice-President cannot preside over the Rajya Sabha when a resolution for removal is under consideration, but can be present, speak and take part in the proceedings without voting. The salaries and allowances of the Chairman are fixed by Parliament and charged on the Consolidated Fund of India, so they are not subject to the annual vote.

Deputy Chairman and Panel of Vice-Chairpersons

The Deputy Chairman is elected by the Rajya Sabha from among its members and performs the Chairman’s duties when the office is vacant or when the Vice-President acts as President. The Deputy Chairman is not subordinate to the Chairman but responsible directly to the House, and vacates office on ceasing to be a member, on resigning by writing to the Chairman, or on removal by a resolution of a majority of all the then members after 14 days’ notice. Under the Rules of the Rajya Sabha, the Chairman nominates a panel of vice-chairpersons, any one of whom can preside in the absence of the Chairman and the Deputy Chairman with the same powers.

The Indian and the American Vice-President

It is evident that the Constitution has not assigned any significant function to the Vice-President in that capacity. Hence some scholars call the Vice-President ‘His Superfluous Highness’. The office was created with a view to maintain the political continuity of the Indian State.

Why Is This Topic Important?

• Article 64 Direct question
• Link to the Rajya Sabha Role of the Chairman is asked
• Comparison with the USA Differences are standard

What Came Next?

The next topic covers the Vice-President acting as President.

Key People and Terms

• Ex-officio Chairman Chairman by virtue of the office
• Council of States The Rajya Sabha
• Deputy Chairman Steps in when the Chairman is absent
• Warrant of precedence Rank next to the President
• Political continuity Purpose of the office

Exam Corner

Mains Angle

Questions on this topic usually ask about the real importance of the office. Use these points to add depth.

• Presiding officer Rajya Sabha Chairman
• Limited functions No significant function otherwise
• Continuity Purpose of the office
• Comparison American Vice-President