Article 64 of the Costitution of India with Case law
📘 Article 64 of the Constitution of India
Title: The Vice-President to be ex officio Chairman of the Council of States
🔹 Text of Article 64:
"The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit:
Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under Article 97."
🔍 Key Features:
The Vice-President of India is, by virtue of his office (ex officio), the Chairman of the Rajya Sabha (Council of States).
He cannot hold any office of profit.
When he acts as the President under Article 65, he temporarily ceases to perform the role of the Rajya Sabha Chairman.
In that period, the Deputy Chairman presides over the Rajya Sabha.
🏛️ Contextual Understanding:
This provision ensures the separation of powers and assigns a legislative role to the Vice-President, allowing him to preside over the Upper House of Parliament, even though he is not a member of either House.
⚖️ Important Case Laws:
1. Harivansh Narayan Singh v. Union of India, 2020
Facts: Challenge regarding the role of the Deputy Chairman of the Rajya Sabha.
Relevance: The case clarified that when the Vice-President (Chairman) is not available (e.g., acting as President under Article 65), the Deputy Chairman lawfully presides over the Rajya Sabha.
Observation: It reaffirmed the constitutional roles defined under Article 64 and 65.
2. Raghunath Rao Ganpatrao v. Union of India, AIR 1993 SC 1267
Though primarily about the President's functions, it discusses succession of duties and touches upon the Vice-President’s dual role.
Relevance to Article 64: Validated the constitutional scheme where the Vice-President cannot perform both roles (President and Chairman) simultaneously.
✅ Summary:
Article 64 designates the Vice-President as the Chairman of Rajya Sabha.
He stops acting as Chairman only when he discharges the President's duties.
This maintains checks and balances in the functioning of the legislature and executive.
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