Article 89 of the Constitution of India deals with the Chairman and Deputy Chairman of the Council of States (Rajya Sabha). It establishes the constitutional offices responsible for presiding over the proceedings of the Upper House of Parliament.
- Meaning of Article 89
- Vice-President as Chairman of Rajya Sabha
- Role of the Chairman
- Deputy Chairman of Rajya Sabha
- Election of Deputy Chairman
- When Does Deputy Chairman Act?
- Chairman’s Office and Vice-President
- Does the Chairman Vote?
- Chairman and Deputy Chairman – Comparison
- Article 89 and Article 63
- Article 89 and Article 64
- Article 89 and Article 90
- Article 89 and Article 91
- Article 89 and Lok Sabha
- Importance of Article 89
- Article 89 at a Glance
- Common Confusions
- Quick Revision
- Conclusion
Meaning of Article 89
Article 89 provides that:
- The Vice-President of India shall be the ex officio Chairman of Rajya Sabha.
- Rajya Sabha shall choose one of its members to be the Deputy Chairman.
The Article therefore creates a permanent presiding arrangement for the Council of States.
Vice-President as Chairman of Rajya Sabha
Under Article 89(1), the Vice-President of India is the ex officio Chairman of the Council of States.
The term ex officio means that the Vice-President holds the position of Chairman because of holding the office of Vice-President.
The Vice-President does not have to be separately elected as Chairman by Rajya Sabha.
Role of the Chairman
The Chairman presides over the proceedings of Rajya Sabha.
The office is important for maintaining:
- Order and discipline;
- Proper conduct of parliamentary proceedings;
- Compliance with parliamentary rules; and
- Fair and orderly debate.
The Chairman also exercises various procedural powers under the Constitution and the Rules of Procedure and Conduct of Business in the Council of States.
Deputy Chairman of Rajya Sabha
Article 89(2) provides that the Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman.
Unlike the Chairman, the Deputy Chairman must be a member of Rajya Sabha.
Therefore:
Chairman → Vice-President of India
Deputy Chairman → Chosen by Rajya Sabha from among its members
Election of Deputy Chairman
The Deputy Chairman is elected by the members of Rajya Sabha from among themselves.
The Constitution does not prescribe a specific time limit within which the election must occur, but Article 89 states that Rajya Sabha shall choose the Deputy Chairman as soon as may be.
When Does Deputy Chairman Act?
The Deputy Chairman performs the functions of the Chairman when:
- The office of Chairman is vacant; or
- The Vice-President is acting as President or otherwise unable to perform the duties of Chairman.
The Deputy Chairman may also preside over the proceedings when the Chairman is absent.
These situations are specifically dealt with under Article 91.
Chairman’s Office and Vice-President
The Chairman of Rajya Sabha is different from the Speaker of Lok Sabha.
The Vice-President, by virtue of that office, serves as Chairman of Rajya Sabha.
The Vice-President is therefore not an ordinary member of Rajya Sabha.
Does the Chairman Vote?
The Chairman of Rajya Sabha has a casting vote in the event of an equality of votes.
Under Article 100, the Chairman does not vote in the first instance but may exercise a casting vote when the votes are equally divided.
This maintains the impartiality of the presiding officer while allowing the Chairman to resolve a tie.
Chairman and Deputy Chairman – Comparison
| Chairman | Deputy Chairman |
|---|---|
| Vice-President of India | Member of Rajya Sabha |
| Ex officio Chairman | Elected by Rajya Sabha |
| Does not need to be elected as Chairman | Chosen from among Rajya Sabha members |
| Presides over Rajya Sabha | Presides when required |
| Has casting vote in case of equality | Has voting rights as a Rajya Sabha member, subject to constitutional rules |
| Office linked to Vice-Presidency | Office linked to membership of Rajya Sabha |
Article 89 and Article 63
Article 63 provides for the Vice-President of India.
Article 89 establishes that the Vice-President is the ex officio Chairman of Rajya Sabha.
Thus:
Article 63 → Office of Vice-President
Article 89 → Vice-President as Chairman of Rajya Sabha
Article 89 and Article 64
Article 64 specifically provides that the Vice-President shall be ex officio Chairman of the Council of States.
Article 89 also addresses this arrangement while additionally providing for the office of Deputy Chairman.
Therefore, Article 64 and Article 89 are closely connected.
Article 89 and Article 90
Article 89 establishes the offices of Chairman and Deputy Chairman.
Article 90 deals with:
- Vacation of office by Deputy Chairman;
- Resignation; and
- Removal from office.
Thus:
Article 89 → Creation and election of offices
Article 90 → Vacation, resignation and removal of Deputy Chairman
Article 89 and Article 91
Article 91 deals with the performance of the duties of Chairman by the Deputy Chairman or another person in certain circumstances.
It should therefore be read with Article 89 when studying the presiding officers of Rajya Sabha.
Article 89 and Lok Sabha
The corresponding constitutional provisions for the presiding officers of Lok Sabha are found in Articles 93 to 97.
A simple comparison is:
Rajya Sabha → Chairman and Deputy Chairman
Lok Sabha → Speaker and Deputy Speaker
Importance of Article 89
1. Establishes the Presiding Officers
It provides the constitutional basis for the Chairman and Deputy Chairman of Rajya Sabha.
2. Links Vice-President With Rajya Sabha
The Vice-President automatically serves as the ex officio Chairman.
3. Ensures Continuity
The Deputy Chairman provides an alternative presiding authority when the Chairman is unavailable.
4. Supports Parliamentary Procedure
The presiding officers ensure orderly conduct of Rajya Sabha proceedings.
5. Maintains Bicameral Functioning
The provision ensures that Rajya Sabha has a constitutionally recognised presiding structure.
Article 89 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 89 |
| Subject | Chairman and Deputy Chairman of Rajya Sabha |
| Chairman | Vice-President of India |
| Nature of Chairmanship | Ex officio |
| Deputy Chairman | Chosen by Rajya Sabha |
| Deputy Chairman chosen from | Members of Rajya Sabha |
| Related Article | Article 90 |
| Acting arrangements | Article 91 |
| Casting vote | Article 100 |
Common Confusions
Who Is the Chairman of Rajya Sabha?
The Vice-President of India is the ex officio Chairman.
Is the Chairman a Member of Rajya Sabha?
No. The Vice-President is not a member of Rajya Sabha merely by serving as its Chairman.
Who Elects the Deputy Chairman?
The Rajya Sabha chooses the Deputy Chairman from among its members.
Does the Deputy Chairman Have to Be a Rajya Sabha Member?
Yes.
Is the Chairman Elected by Rajya Sabha?
No.
The Vice-President becomes Chairman ex officio by virtue of holding the office of Vice-President.
Who Presides Over Rajya Sabha When the Chairman Is Absent?
The Deputy Chairman may preside, subject to the constitutional provisions.
Quick Revision
- Article 89 → Chairman and Deputy Chairman of Rajya Sabha.
- Vice-President → Ex officio Chairman of Rajya Sabha.
- Deputy Chairman → Chosen by Rajya Sabha from among its members.
- Chairman is not a Rajya Sabha member merely because of the office.
- Deputy Chairman is a Rajya Sabha member.
- Article 90 → Vacation, resignation and removal of Deputy Chairman.
- Article 91 → Deputy Chairman acting as Chairman.
- Article 100 → Voting and casting vote.
- Articles 93–97 → Speaker and Deputy Speaker of Lok Sabha.
Conclusion
Article 89 establishes the constitutional framework for the Chairman and Deputy Chairman of Rajya Sabha. The Vice-President serves as the ex officio Chairman, while Rajya Sabha chooses one of its members as Deputy Chairman.
The provision ensures continuity and orderly functioning of the Council of States.
The key point to remember is:
Article 89 → Vice-President is the ex officio Chairman of Rajya Sabha, while Rajya Sabha chooses a member as its Deputy Chairman.
