GS Paper 2Vice-President and Rajya SabhaUPSC CSE Mains 2022
Discuss the role of the Vice-President as the Chairman of the Rajya Sabha. Also describe the procedure for his/her removal from office.
Based on 20 evaluated answers to this question on CollectorBabu: here is what aspirants most often missed, the mistakes that cost marks, and a model answer.
What most aspirants missed
- The casting vote under Article 100 is used only when votes are equal; aspirants rarely explain this and the Speaker's identical power.
- Article 67(b) requires an absolute majority of all members of Rajya Sabha, not a majority of those present and voting, plus Lok Sabha agreement.
- The 14-day advance notice before the removal resolution is moved is a procedural safeguard that is often omitted.
- The Vice-President does not preside while a resolution for his own removal is under consideration; the Deputy Chairman presides.
- The Vice-President does not preside over joint sittings of Parliament (Speaker's role under Article 108) and does not certify Money Bills.
- Recent rulings or disputes over suspensions and the Chairman's discretion in allowing discussions are rarely cited as examples.
Common mistakes
- Confusing the Chairman's and Speaker's powers, such as claiming the Vice-President presides over joint sittings or certifies Money Bills.
- Using the term 'effective majority' or 'two-thirds of members present and voting' for the removal resolution instead of absolute majority of all members.
- Omitting Lok Sabha concurrence and the 14-day notice, so the removal procedure appears incomplete.
- Writing a theoretical answer with no example of how the Chairman's ruling or casting vote affected a debate or the House.
What the better answers did
- Clearly separating the Chairman's presiding, disciplinary and voting powers under distinct sub-headings.
- Citing exact Articles (64, 67(a), 67(b), 89, 91, 100) and Rules (255, 256) for precision.
- Balancing the Chairman's authority with the limits on his voting and the high threshold for removal.
Introduction
Open by stating that the Vice-President is ex officio Chairman under Article 64 and that he is not a member of the House, which sets up the contrast with the Speaker.
Conclusion
End by linking the Chairman's procedural authority to the Council's role as a federal chamber and noting that removal needs both Houses, which protects the office.
Model answer
The Vice-President is ex officio Chairman of the Rajya Sabha under Article 64. He presides over the Council of States, which represents the States, and his office combines procedural, disciplinary and constitutional functions.
Role as Presiding Officer
- Maintains order, regulates debate and decides the admissibility of questions, motions and resolutions under the Rules of Procedure.
- Interprets the Rules of Procedure and rules on points of order. His rulings guide the House, though the Supreme Court remains the final interpreter of the Constitution.
- Holds disciplinary powers: he can direct a member to withdraw (Rule 255) or suspend a member for persistent disorder (Rule 256).
- Hamid Ansari (2007-17), who served two terms, is the longest-serving Vice-President. His handling of disputes over Question Hour and zero hour shows how wide the Chairman's discretion is.
Limited Voting Power
- The Chairman does not vote normally. Under Article 100 he has a casting vote only when votes are equal, which resolves a deadlock.
- Unlike the Speaker, he is not a member of the House. He does not preside over joint sittings of Parliament; that is the Speaker's role (Article 108).
Constitutional Position
- The Deputy Chairman, elected by members from among themselves (Article 89), presides when the Vice-President is absent or acting as President (Article 91).
- When he acts as President under Article 65, the Deputy Chairman conducts the House.
Procedure for Removal
- Article 67(b): a resolution for removal must be passed by an absolute majority of all members of the Rajya Sabha (more than half of total membership, i.e. 123 of 245 in a full House) and agreed to by the Lok Sabha.
- At least 14 days' advance notice of the resolution must be given before it is moved.
- The Vice-President does not preside while the resolution is under consideration.
- The Constitution specifies no grounds for removal, unlike impeachment of the President. He may resign by writing to the President (Article 67(a)). No Vice-President has so far been removed.
The Chairman's role is central to the smooth working of the Council of States, through rulings, disciplinary authority and a casting vote in ties. Removal is deliberately hard, requiring the agreement of both Houses, which protects the office from routine political pressure.
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