UPSC MainsGENERAL-STUDIES-PAPER-II202210 Marks150 Words
Q4.

Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha.

How to Approach

The question requires a discussion of the Vice-President’s role specifically as the Chairman of the Rajya Sabha. The answer should focus on constitutional provisions, functions, powers, and limitations related to this role. Structure the answer by first outlining the constitutional basis, then detailing the functions (legislative, deliberative, judicial), and finally, discussing the significance and any recent debates surrounding the position. Avoid a general discussion of the Vice-President’s other duties.

Model Answer

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Introduction

The Vice-President of India, currently Jagdeep Dhankhar, holds a unique constitutional position. While primarily tasked with succeeding the President in case of resignation, impeachment, or death, a crucial aspect of their role is serving as the *ex-officio* Chairman of the Rajya Sabha, the upper house of the Parliament. This position, enshrined in Article 67 of the Constitution, bestows upon the Vice-President significant responsibilities in shaping the legislative process and maintaining the decorum of the House. Understanding this role is vital as it directly impacts the functioning of India’s parliamentary democracy.

Constitutional Basis and Appointment

Article 67 of the Constitution designates the Vice-President as the Chairman of the Rajya Sabha. Unlike the Speaker of the Lok Sabha, who is elected by the members of that House, the Chairman of the Rajya Sabha is not subject to a vote within the House. The Vice-President is elected by a joint sitting of both Houses of Parliament, following a vacancy due to the expiration of the term, resignation, or death of the incumbent. This ensures a degree of political consensus in the appointment.

Functions of the Chairman, Rajya Sabha

Legislative Functions

  • Presiding over Sessions: The Chairman presides over Rajya Sabha sessions, maintaining order and ensuring the smooth conduct of business.
  • Recognizing Members: The Chairman recognizes members to speak during debates and discussions.
  • Interpreting Rules: The Chairman is the final authority on the interpretation of the Rules of Procedure and Conduct of Business in the Rajya Sabha.
  • Certification of Bills: A bill passed by the Rajya Sabha is certified by the Chairman as having been duly passed by the House, a prerequisite for it to be presented to the President for assent.

Deliberative Functions

  • Conducting Debates: The Chairman guides debates, ensuring they remain focused and within the parliamentary rules.
  • Maintaining Decorum: A key responsibility is maintaining the decorum of the House, and the Chairman has the power to name members for disorderly conduct.
  • Adjournment of the House: The Chairman can adjourn the House in case of disturbances or lack of quorum.

Judicial Functions

  • Dispute Resolution: The Chairman acts as a quasi-judicial authority in resolving disputes regarding the eligibility of members or the validity of parliamentary proceedings.
  • Referring Bills to Committees: The Chairman can refer bills to select committees for detailed scrutiny.

Powers and Limitations

The Chairman’s powers are largely procedural and aimed at facilitating the functioning of the Rajya Sabha. While they have significant control over the conduct of business, they do not have the power to vote in the House, except in the case of a tie. This is to maintain impartiality. However, the Chairman’s decisions regarding the interpretation of rules can be challenged, and occasionally have been, leading to debates about the extent of their authority.

Significance and Recent Debates

The role of the Chairman is crucial for ensuring effective parliamentary debate and scrutiny of legislation. A strong and impartial Chairman can contribute significantly to the quality of lawmaking. Recently, there have been debates regarding the use of the Chairman’s powers to curtail debates or to expedite the passage of bills, raising concerns about the erosion of parliamentary norms. The increasing frequency of disruptions in the Rajya Sabha also places a greater onus on the Chairman to maintain order and facilitate constructive dialogue.

Function Power Exercised Limitation
Presiding over Sessions Recognizing speakers, maintaining order Cannot participate in debates or vote (except in case of a tie)
Interpreting Rules Final authority on procedural matters Decisions can be challenged and debated
Bill Certification Confirms bill passage for Presidential assent Must adhere to established procedures

Conclusion

The Vice-President’s role as Chairman of the Rajya Sabha is a cornerstone of India’s parliamentary system. It demands a delicate balance of impartiality, procedural expertise, and leadership. While the position’s powers are largely procedural, its effective exercise is vital for ensuring a productive and deliberative upper house. Maintaining the dignity and effectiveness of the Rajya Sabha, particularly in the face of increasing political polarization and disruptions, remains a significant challenge for the Chairman.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Quorum
The minimum number of members required to be present in a House of Parliament for it to transact business. For the Rajya Sabha, the quorum is one-tenth of the total membership.
Motion of No Confidence
A parliamentary procedure allowing the House to express its lack of confidence in the government, potentially leading to its resignation. The Chairman of the Rajya Sabha plays a role in admitting and scheduling such motions.

Key Statistics

As of November 2023, the Rajya Sabha has 245 members, including 12 nominated members.

Source: Rajya Sabha Website (as of knowledge cutoff)

In 2022, the Rajya Sabha witnessed a 78% productivity rate, lower than the average of 85% in the previous five years, indicating increased disruptions and challenges for the Chairman in maintaining order.

Source: PRS Legislative Research (as of knowledge cutoff)

Examples

Impeachment of a Judge

The Rajya Sabha plays a crucial role in the impeachment of a judge of the Supreme Court or High Court. The motion for impeachment must be passed by a majority of not less than two-thirds of the total membership of the House, and the Chairman presides over the proceedings.

Frequently Asked Questions

Can the Chairman of the Rajya Sabha be removed from office?

Yes, the Vice-President, and therefore the Chairman of the Rajya Sabha, can be removed from office through a process of impeachment similar to that for the President, as outlined in Article 67 of the Constitution.

Topics Covered

PolityParliamentConstitutional BodiesLegislative Process