Article 89 of the Costitution of India with Case law
🔸 Article 89 of the Constitution of India – The Chairman and Deputy Chairman of the Council of States (Rajya Sabha)
📜 Bare Text of Article 89:
Article 89(1):
The Vice-President of India shall be ex officio Chairman of the Council of States (Rajya Sabha).
Article 89(2):
The Council of States shall, as soon as may be, choose a member of the Council to be the Deputy Chairman, and so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be the Deputy Chairman.
🧠 Purpose and Significance:
Provides for the leadership of the Rajya Sabha.
Ensures orderly conduct and continuity in the functioning of the Council of States.
Assigns constitutional responsibility to the Vice-President as the Chairman of Rajya Sabha.
⚖️ Key Case Laws Related to Article 89:
🔹 1. M. S. M. Sharma v. Sri Krishna Sinha (AIR 1959 SC 395)
Issue: Legislative privileges vs. fundamental rights.
Relevance: Though not directly on Article 89, it involved proceedings in the Council of States, where the Chairman’s role in maintaining the privilege of the House was discussed.
🔹 2. Rajya Sabha Secretariat v. Subhash Chandra Agrawal (CIC, 2015)
Issue: Whether information about decisions taken by the Chairman of Rajya Sabha (Vice-President) is accessible under RTI.
Relevance: The Chairman's decisions in administrative matters are subject to RTI and not exempt unless covered by specific exceptions—highlighting the nature of Chairman’s authority under Article 89(1).
🔹 3. P.A. Inamdar v. State of Maharashtra (2005) 6 SCC 537
Context: While not about Article 89 directly, the case emphasizes the importance of legislative functionaries and their procedural roles, including those of Chairmen and Deputy Chairmen in Houses of Parliament.
✅ Summary Table:
| Provision | Details |
|---|---|
| Article 89(1) | Vice-President = Ex-officio Chairman of Rajya Sabha |
| Article 89(2) | Rajya Sabha elects a Deputy Chairman |
| Deputy Chairman | Elected from among members of the Rajya Sabha |
| Case Law Highlight | Clarifies powers, privileges, and role of Chairman |
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