Article 91 of the Constitution of India deals with the performance of the duties of the Chairman of the Council of States (Rajya Sabha) when the office of Chairman is vacant or when the Vice-President is unable to perform the functions of the office.
- Meaning of Article 91
- Article 91(1) – Deputy Chairman to Perform Duties
- When Both Chairman and Deputy Chairman Are Unable to Act
- Important Distinction
- When Can the Deputy Chairman Act as Chairman?
- Does Deputy Chairman Become Chairman?
- President’s Role Under Article 91
- Article 91 and Vice-President
- Article 91 and Article 89
- Article 91 and Article 90
- Article 91 and Article 92
- Article 91 at a Glance
- Common Confusions
- Quick Revision
- Conclusion
The Article also provides for another member to perform the Chairman’s duties when both the Chairman and Deputy Chairman are unavailable.
Meaning of Article 91
Article 91 provides a constitutional arrangement to ensure that the proceedings of Rajya Sabha can continue even when the Chairman is unable to perform the duties of the office.
It covers two situations:
- When the office of Chairman is vacant, or the Vice-President is acting as President or otherwise unable to perform the Chairman’s duties.
- When the Deputy Chairman’s office is also vacant, or the Deputy Chairman is unable to perform the Chairman’s duties.
Article 91(1) – Deputy Chairman to Perform Duties
Article 91(1) provides that 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 shall perform the duties of the office of Chairman.
Therefore, the Deputy Chairman temporarily assumes the functions of the Chairman.
Example
If the office of Vice-President becomes vacant, the Deputy Chairman performs the duties of Chairman of Rajya Sabha until the situation is resolved.
Similarly, if the Vice-President is serving as Acting President, the Vice-President cannot perform the duties of Chairman during that period, and the Deputy Chairman performs those duties.
When Both Chairman and Deputy Chairman Are Unable to Act
Article 91(2) provides for a further arrangement.
If:
- The office of Deputy Chairman is vacant; or
- The Deputy Chairman is unable to act,
the President may appoint a member of Rajya Sabha to perform the duties of Chairman.
The person appointed by the President performs these duties until a new Deputy Chairman is chosen or until the Deputy Chairman is able to resume the duties.
Important Distinction
There is a hierarchy under Article 91:
Chairman unavailable → Deputy Chairman performs duties
Chairman and Deputy Chairman unavailable → President appoints a Rajya Sabha member
This ensures that there is always a constitutional mechanism for presiding over Rajya Sabha.
When Can the Deputy Chairman Act as Chairman?
The Deputy Chairman performs the Chairman’s duties when:
- The office of Chairman is vacant;
- The Vice-President is acting as President; or
- The Vice-President is otherwise unable to perform the duties of Chairman.
The Deputy Chairman does not become the Vice-President or permanently become the Chairman in these circumstances.
The Deputy Chairman merely performs the duties of the office.
Does Deputy Chairman Become Chairman?
No.
Article 91 allows the Deputy Chairman to perform the duties of Chairman in specified circumstances.
It does not permanently transfer the office of Chairman to the Deputy Chairman.
This distinction is important:
Performing duties ≠ Holding the office permanently
President’s Role Under Article 91
The President has a limited role under Article 91(2).
If the office of Deputy Chairman is vacant, or the Deputy Chairman is unable to act, the President may appoint a member of Rajya Sabha to perform the duties of Chairman.
The President’s role is therefore to ensure continuity when neither the Chairman nor Deputy Chairman can perform the functions.
Article 91 and Vice-President
The Vice-President is the ex officio Chairman of Rajya Sabha under Article 64.
If the Vice-President is acting as President, the Vice-President cannot simultaneously perform the duties of Chairman of Rajya Sabha.
Article 91 provides the mechanism for dealing with this situation.
Article 91 and Article 89
Article 89 establishes:
- Vice-President as Chairman of Rajya Sabha; and
- Deputy Chairman chosen by Rajya Sabha.
Article 91 explains who performs the Chairman’s duties when the Chairman cannot do so.
Therefore:
Article 89 → Chairman and Deputy Chairman
Article 91 → Who performs Chairman’s duties when necessary
Article 91 and Article 90
Article 90 deals with the vacation, resignation and removal of the Deputy Chairman.
Article 91 deals with the consequences when the Chairman or Deputy Chairman is unable to perform their functions.
Thus:
Article 90 → Ending the Deputy Chairman’s tenure
Article 91 → Temporary performance of Chairman’s duties
Article 91 and Article 92
Article 92 deals with restrictions on the Chairman and Deputy Chairman while a resolution for their removal is under consideration.
Article 91, by contrast, concerns the temporary performance of the Chairman’s duties.
Article 91 at a Glance
| Situation | Who Performs Chairman’s Duties? |
|---|---|
| Chairman’s office vacant | Deputy Chairman |
| Vice-President acting as President | Deputy Chairman |
| Vice-President otherwise unable to act as Chairman | Deputy Chairman |
| Deputy Chairman’s office vacant | President appoints a Rajya Sabha member |
| Deputy Chairman unable to act | President may appoint a Rajya Sabha member |
Common Confusions
Can the Deputy Chairman Act as Chairman?
Yes, when the circumstances specified in Article 91 arise.
Does the Deputy Chairman Become the Permanent Chairman?
No.
The Deputy Chairman only performs the duties of Chairman during the specified period.
Who Acts When the Vice-President Is Acting as President?
The Deputy Chairman of Rajya Sabha performs the duties of Chairman.
Who Acts If Both Chairman and Deputy Chairman Are Unable to Perform Their Duties?
The President may appoint a member of Rajya Sabha to perform the duties of Chairman.
Does the President Become Chairman of Rajya Sabha?
No.
The President may appoint a member of Rajya Sabha to perform the Chairman’s duties where Article 91(2) applies.
Quick Revision
- Article 91 → Performance of duties of Chairman of Rajya Sabha.
- If the Chairman’s office is vacant, the Deputy Chairman performs the duties.
- If the Vice-President is acting as President, the Deputy Chairman performs the Chairman’s duties.
- If the Vice-President is otherwise unable to perform the duties, the Deputy Chairman acts.
- If the Deputy Chairman’s office is vacant or the Deputy Chairman cannot act, the President may appoint a Rajya Sabha member.
- Acting under Article 91 does not permanently transfer the office of Chairman.
- Article 89 → Chairman and Deputy Chairman.
- Article 90 → Vacation, resignation and removal of Deputy Chairman.
- Article 92 → Restriction on presiding during removal proceedings.
Conclusion
Article 91 ensures the continuity of the functioning of Rajya Sabha when the Chairman is unable to perform the duties of the office. Ordinarily, the Deputy Chairman performs those duties. If the Deputy Chairman is also unavailable, the President may appoint a member of Rajya Sabha to perform them.
The key point to remember is:
Article 91 → Deputy Chairman performs the Chairman’s duties when the Chairman is unavailable; if the Deputy Chairman is also unavailable, the President may appoint a Rajya Sabha member to perform those duties.
