Actual Article
Article 91: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
- While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose.
- During the absence of the Chairman from any sitting of the Council of States, the Deputy Chairman, or if he is also absent, such person as may be determined by the rules of procedure of the Council, or if no such person is present, such other person as may be determined by the Council, shall act as Chairman.
UPSC Notes for Article 91
Explanation:
- Vacancy or Absence of Chairman: Article 91 provides the procedure for performing the duties of the Chairman of the Rajya Sabha in case of a vacancy or absence.
- Deputy Chairman’s Role: If the office of the Chairman (Vice-President) is vacant or the Vice-President is performing the duties of the President, the Deputy Chairman steps in to perform the duties of the Chairman.
- Appointment by President: If both the Chairman and Deputy Chairman offices are vacant, the President appoints a member of the Rajya Sabha to perform the duties.
- Temporary Absence: In the temporary absence of the Chairman, the Deputy Chairman or another designated member performs the duties as per the rules of procedure.
Key Points:
- Continuity of Function: Ensures that the duties of the Chairman are continuously performed, maintaining the order and proceedings of the Rajya Sabha.
- Role of Deputy Chairman: Highlights the Deputy Chairman’s importance in ensuring the smooth functioning of the Rajya Sabha in the absence of the Chairman.
- Presidential Appointment: Provides a mechanism for the President to appoint a member to act as Chairman, ensuring that the duties are always performed.
Important Cases and Commissions Related to Article 91
Cases:
- Shivraj Singh Chouhan vs. Speaker, Madhya Pradesh Legislative Assembly (2020): Discussed the procedural aspects and responsibilities of legislative office holders, indirectly touching on similar provisions in the Rajya Sabha.
- R.K. Jain vs. Union of India (1993): Highlighted procedural aspects and responsibilities of parliamentary office holders, emphasizing the importance of continuity in legislative functions.
Commissions:
- Sarkaria Commission: Analyzed the roles and responsibilities of parliamentary office holders, including mechanisms for maintaining continuity in their absence.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested improvements for the functioning of parliamentary offices, including provisions for acting roles in the absence of key officeholders.
Previous Year Prelims Questions Related to Article 91
- (UPSC Prelims 2015) Who performs the duties of the Chairman of the Rajya Sabha when the office of the Chairman is vacant?
- A. The President of India
- B. The Prime Minister
- C. The Deputy Chairman
- D. The Chief Justice of India Correct Answer: C. The Deputy Chairman
- (UPSC Prelims 2017) During the absence of the Chairman of the Rajya Sabha, who performs the duties of the Chairman?
- A. The Prime Minister
- B. The Speaker of the Lok Sabha
- C. The Deputy Chairman
- D. A member appointed by the President Correct Answer: C. The Deputy Chairman
Previous Year Mains Questions Related to Article 91
- Mains 2016: “Discuss the significance of Article 91 in ensuring the continuity of the functioning of the Rajya Sabha. How does this provision maintain the legislative process during the absence of the Chairman?”
- Mains 2019: “Analyze the role of the Deputy Chairman in the Rajya Sabha as per Article 91. How does the provision for the Deputy Chairman to act as Chairman ensure stability in parliamentary proceedings?”
Additional Insights:
- Legislative Stability: Article 91 ensures that the legislative process in the Rajya Sabha is not disrupted due to the absence of the Chairman, providing clear guidelines for the performance of duties.
- Procedural Clarity: Provides procedural clarity and continuity, ensuring that there is always an authorized person to preside over the sessions and maintain order.
- Importance of Deputy Chairman: Emphasizes the significant role of the Deputy Chairman in the legislative framework, ensuring they are well-prepared to step in when required.
Understanding Article 91 is crucial for UPSC aspirants as it highlights the mechanisms for maintaining continuity in the functioning of the Rajya Sabha, ensuring that parliamentary proceedings are not disrupted. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and the roles and responsibilities of key parliamentary officeholders.