Article 64 of the Constitution of India provides that the Vice-President of India shall be the ex officio Chairman of the Council of States, that is, the Rajya Sabha. It also clarifies that while holding the office of Vice-President, the person does not hold any other office of profit.
- Meaning of Article 64
- Constitutional Provision
- Vice-President as Chairman of Rajya Sabha
- Meaning of “Ex Officio”
- Is the Vice-President a Member of Rajya Sabha?
- Chairman and Member: Difference
- Functions of the Chairman of Rajya Sabha
- Chairman’s Casting Vote
- Vice-President Does Not Vote as an Ordinary Member
- No Other Office of Profit
- Article 64 and Article 63
- Article 64 and Article 65
- Article 64 and Article 66
- Article 64 and Article 67
- Article 64 and Article 69
- Article 64 and Article 100
- Importance of Article 64
- Vice-President as Chairman vs Deputy Chairman
- Vice-President and Lok Sabha Speaker
- Article 64 at a Glance
- Article 64 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
The provision establishes the Vice-President’s important parliamentary role as the presiding officer of the Upper House of Parliament.
Meaning of Article 64
Article 64 assigns the Vice-President a specific constitutional function: serving as the ex officio Chairman of the Rajya Sabha.
The expression “ex officio” means that the Vice-President becomes Chairman by virtue of holding the office of Vice-President. A separate election to the position of Chairman is therefore not required.
Article 64 also provides that the Vice-President shall not hold any other office of profit.
Constitutional Provision
Article 64 provides that:
- The Vice-President shall be the ex officio Chairman of the Council of States.
- The Vice-President shall not hold any other office of profit.
The Council of States referred to in Article 64 is the Rajya Sabha.
Vice-President as Chairman of Rajya Sabha
The Vice-President occupies a unique position in Parliament.
The Vice-President:
- Is the constitutional head of the office created under Article 63.
- Serves as the ex officio Chairman of Rajya Sabha.
- Presides over the proceedings of the Rajya Sabha.
- Exercises the powers and functions assigned to the Chairman by the Constitution and parliamentary rules.
The Vice-President’s role as Chairman is therefore distinct from the Vice-President’s role in relation to the President.
Meaning of “Ex Officio”
Ex officio means “by virtue of the office.”
The Vice-President does not become Chairman because of a separate election by Rajya Sabha members.
Instead:
Vice-President of India → Automatically becomes Chairman of Rajya Sabha
When a person’s term as Vice-President ends, the person also ceases to hold the position of Chairman by virtue of that office.
Is the Vice-President a Member of Rajya Sabha?
No.
This is an important constitutional distinction.
The Vice-President is the Chairman of Rajya Sabha, but is not a member of the House merely because of holding the office of Vice-President.
Therefore:
Vice-President ≠ Member of Rajya Sabha
Vice-President = Ex officio Chairman of Rajya Sabha
Chairman and Member: Difference
The Chairman presides over the House but does not become a member of the House merely by holding the chair.
This is similar to the constitutional position of the President in relation to Parliament.
Under Article 79, the President is a part of Parliament but is not a member of either House.
Functions of the Chairman of Rajya Sabha
As Chairman, the Vice-President performs important parliamentary functions, including:
- Presiding over sittings of Rajya Sabha.
- Maintaining order and discipline in the House.
- Deciding questions relating to the conduct of proceedings in accordance with constitutional and parliamentary rules.
- Regulating debates and discussions.
- Exercising the casting vote in the event of an equality of votes.
The detailed procedural powers of the Chairman are also governed by the Rules of Procedure and Conduct of Business in the Council of States.
Chairman’s Casting Vote
The Vice-President, as Chairman of Rajya Sabha, ordinarily does not vote in the House.
However, where there is an equality of votes, the Chairman may exercise a casting vote.
This is provided under Article 100.
Thus, the Chairman’s voting position is different from that of an ordinary member of Rajya Sabha.
Vice-President Does Not Vote as an Ordinary Member
Because the Vice-President is not a member of Rajya Sabha, the Vice-President does not participate in voting like an ordinary member.
The casting vote becomes relevant only when the votes are equally divided.
This reinforces the Chairman’s position as a presiding and impartial authority.
No Other Office of Profit
The second part of Article 64 provides that the Vice-President shall not hold any other office of profit.
This restriction helps maintain the independence and dignity of the constitutional office.
The Vice-President therefore cannot simultaneously hold another office of profit while serving as Vice-President.
Article 64 and Article 63
These provisions are directly connected.
Article 63 → Establishes the office of Vice-President.
Article 64 → Makes the Vice-President the ex officio Chairman of Rajya Sabha.
Article 63 establishes the constitutional office, while Article 64 assigns one of its principal functions.
Article 64 and Article 65
Article 65 deals with the Vice-President’s role when the President’s office is vacant or when the President is unable to discharge constitutional functions.
Therefore:
Article 64 → Parliamentary function
Article 65 → Presidential function
The Vice-President has an important role in both constitutional spheres.
Article 64 and Article 66
Article 66 deals with the election of the Vice-President.
Once elected, the Vice-President becomes the ex officio Chairman of Rajya Sabha under Article 64.
The Chairman’s position is therefore a consequence of holding the office of Vice-President.
Article 64 and Article 67
Article 67 deals with the term of office, resignation and removal of the Vice-President.
Since the Chairmanship of Rajya Sabha is held ex officio, the person ceases to be Chairman when the person ceases to hold the office of Vice-President.
Article 64 and Article 69
Article 69 provides the oath or affirmation of the Vice-President.
The Vice-President assumes the constitutional office after making and subscribing to the prescribed oath or affirmation.
Article 64 and Article 100
Article 100 deals with voting in Parliament.
The Vice-President, while acting as Chairman of Rajya Sabha, has a casting vote in case of equality of votes.
This makes Article 64 particularly relevant to Article 100.
Importance of Article 64
1. Provides Parliamentary Leadership
The Vice-President presides over the Rajya Sabha as its Chairman.
2. Ensures an Impartial Presiding Officer
Because the Chairman is not an ordinary member of the House, the position is institutionally different from that of other members.
3. Connects the Executive and Legislature
The Vice-President is a constitutional office-holder who also performs a major parliamentary function.
4. Provides a Casting Vote
The Chairman can exercise a casting vote when there is an equality of votes.
5. Prevents Multiple Offices
The office-of-profit restriction helps preserve the independence and dignity of the Vice-President.
Vice-President as Chairman vs Deputy Chairman
The Vice-President is the ex officio Chairman of Rajya Sabha.
The Rajya Sabha also has a Deputy Chairman, who is elected by the members of the House under Article 89.
The two positions are different.
| Chairman | Deputy Chairman |
|---|---|
| Vice-President of India | Elected by Rajya Sabha |
| Ex officio position | Separate parliamentary position |
| Article 64 | Article 89 |
| Not a member of Rajya Sabha | Must be a member of Rajya Sabha |
| Presides over the House | Presides when Chairman is absent or otherwise unable to preside |
Vice-President and Lok Sabha Speaker
The Vice-President’s role as Chairman of Rajya Sabha is comparable to the Speaker of Lok Sabha in the sense that both are presiding officers, but their constitutional positions are different.
| Vice-President | Lok Sabha Speaker |
|---|---|
| Chairman of Rajya Sabha | Speaker of Lok Sabha |
| Ex officio | Elected by Lok Sabha |
| Article 64 | Article 93 |
| Not a member of Rajya Sabha | Member of Lok Sabha |
| Vice-President holds the office | Speaker is elected separately |
Article 64 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 64 |
| Subject | Vice-President as Chairman of Rajya Sabha |
| Chairman | Vice-President of India |
| Nature | Ex officio |
| House | Council of States (Rajya Sabha) |
| Separate Election as Chairman | No |
| Member of Rajya Sabha | No |
| Casting Vote | Yes, in case of equality of votes |
| Other Office of Profit | Not permitted |
| Related Article | Article 100 |
| Deputy Chairman | Article 89 |
Article 64 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 63 | Vice-President of India |
| Article 64 | Vice-President as ex officio Chairman of Rajya Sabha |
| Article 65 | Vice-President acting as President |
| Article 66 | Election of Vice-President |
| Article 67 | Term, resignation and removal |
| Article 68 | Election to fill vacancy |
| Article 69 | Oath or affirmation |
| Article 70 | Discharge of President’s functions in other contingencies |
| Article 71 | Election disputes |
| Article 89 | Chairman and Deputy Chairman of Rajya Sabha |
| Article 100 | Voting in Houses of Parliament |
Common Confusions
Is the Vice-President a Member of Rajya Sabha?
No.
The Vice-President is the ex officio Chairman but is not a member of the Rajya Sabha.
Is the Vice-President Elected Separately as Chairman?
No.
The Chairmanship comes automatically from holding the office of Vice-President.
Can the Vice-President Vote in Rajya Sabha?
The Vice-President does not vote as an ordinary member. However, as Chairman, the Vice-President has a casting vote in case of equality of votes.
Who Is the Deputy Chairman of Rajya Sabha?
The Deputy Chairman is a member of Rajya Sabha elected by the House under Article 89.
Can the Vice-President Hold Another Office of Profit?
No.
Article 64 expressly provides that the Vice-President shall not hold any other office of profit.
Does the Vice-President Preside Over Lok Sabha?
No.
The Vice-President is the Chairman of Rajya Sabha. The Lok Sabha is presided over by its Speaker.
Quick Revision
- Article 64 → Vice-President is ex officio Chairman of Rajya Sabha.
- The Council of States means Rajya Sabha.
- “Ex officio” means the Vice-President becomes Chairman by virtue of holding the office.
- The Vice-President is not a member of Rajya Sabha.
- The Vice-President does not ordinarily vote as a member.
- The Chairman has a casting vote in case of equality of votes under Article 100.
- The Vice-President cannot hold another office of profit.
- Article 63 → Office of Vice-President.
- Article 64 → Chairman of Rajya Sabha.
- Article 65 → Acting as President.
- Article 66 → Election of Vice-President.
- Article 67 → Term, resignation and removal.
- Article 89 → Chairman and Deputy Chairman of Rajya Sabha.
Conclusion
Article 64 gives the Vice-President an important parliamentary role by making the Vice-President the ex officio Chairman of the Rajya Sabha. The Vice-President does not become a member of the Rajya Sabha or undergo a separate election for the Chairmanship. The position arises automatically from holding the office of Vice-President.
The provision also prohibits the Vice-President from holding another office of profit, helping maintain the independence and dignity of the constitutional office.
The key point to remember is:
Article 64 → The Vice-President of India is the ex officio Chairman of the Rajya Sabha and cannot hold any other office of profit.
