Constitutional Position

• The Chairman of the Rajya Sabha is a constitutional authority under Article 89.
• The office is ex officio held by the Vice-President of India, making it a unique dual constitutional role.
• Unlike the Speaker of the Lok Sabha, the Chairman is not a member of the House, which reinforces political neutrality.

Rationale Behind the Design

• The Constituent Assembly deliberately kept the Chairman outside the House to:
  • Ensure impartial conduct of proceedings
  • Prevent domination by ruling-party politics
• Reflects the idea of Rajya Sabha as a Council of States, not a partisan chamber.

Powers and Functions

Presiding Authority

• Presides over Rajya Sabha sittings and ensures:
  • Order and discipline
  • Compliance with rules of procedure
• Final authority on:
  • Interpretation of rules
  • Conduct of debates

Casting Vote

• Has no original vote.
• Exercises a casting vote only in case of a tie, ensuring neutrality.

Decision on Disqualification (Anti-Defection)

• Under the Tenth Schedule, the Chairman decides:
  • Disqualification of Rajya Sabha members on grounds of defection
• Decisions are subject to judicial review (as held in Kihoto Hollohan case).
• This quasi-judicial role significantly enhances constitutional importance.

Financial Powers

• Certifies whether a Bill is a Money Bill when it originates in Rajya Sabha-related disputes (rare but constitutionally relevant).
• Cannot preside over a joint sitting of Parliament—this power lies with the Lok Sabha Speaker.

Committee-related Powers

• Nominates members to:
  • Department-related Standing Committees
  • Select Committees and Joint Committees
• Chairman of the Rajya Sabha is the ex officio Chairman of the Business Advisory Committee.

Administrative Authority

• Exercises control over:
  • Rajya Sabha Secretariat
  • Senior officers and staff of the House
• Ensures institutional continuity independent of political changes.

Role in Parliamentary Privileges

• Guardian of:
  • Collective privileges of the House
  • Individual privileges of members
• Can refer cases of breach of privilege to the Privileges Committee.

Comparison with Lok Sabha Speaker

• Speaker is a member of the House; Chairman is not.
• Speaker has wider financial authority due to Money Bills.
• Chairman enjoys higher constitutional status due to Vice-Presidential office.
• Chairman’s neutrality is structurally stronger, Speaker’s neutrality is convention-based.

Judicial Interpretation and Key Issues

• Courts have upheld:
  • Chairman’s authority under the Tenth Schedule
  • Judicial review over procedural impropriety or mala fide actions
• Increasing criticism over:
  • Delays in deciding defection cases
  • Perceived politicisation despite constitutional safeguards

Importance in Federal Balance

• Rajya Sabha represents States; Chairman ensures:
  • State interests are not overridden by majoritarian impulses
• Acts as a stabilising institution in times of political volatility in Lok Sabha.

Contemporary Challenges

• Frequent disruptions testing authority of the Chair
• Pressure from political polarisation
• Demand for codified timelines for defection decisions
• Debate on strengthening institutional autonomy of the Rajya Sabha Secretariat