Previous Year Question
Consider the following statements:
The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice-President.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: B
Detailed Solution
Statement 1 is incorrect. The Chairman of the Rajya Sabha is not a member of that House, but the Deputy Chairman is elected from among the members of the Rajya Sabha.
Under Articles 64 and 89(1), the Vice-President of India is the ex-officio Chairman of the Rajya Sabha. The Vice-President is not a member of either House of Parliament.
Under Article 89(2), the Rajya Sabha chooses one of its members as the Deputy Chairman. Therefore, the Deputy Chairman is a member of the Rajya Sabha.
Under Article 90, the office of the Deputy Chairman becomes vacant if the person ceases to be a Rajya Sabha member, resigns to the Chairman or is removed by a resolution of the Rajya Sabha.
A resolution for the removal of the Deputy Chairman requires at least 14 days’ notice and a majority of all the then members of the Rajya Sabha.
Statement 2 is correct. Nominated members of Parliament cannot vote in the presidential election, but they can vote in the election of the Vice-President.
Election of the President
Under Article 54, the electoral college for the President consists of:
Elected members of the Lok Sabha and the Rajya Sabha.
Elected members of the Legislative Assemblies of the States.
Elected members of the Legislative Assemblies of the National Capital Territory of Delhi and Puducherry.
Nominated members of Parliament, nominated members of State Legislative Assemblies and members of State Legislative Councils are not included.
Election of the Vice-President
Under Article 66, the electoral college for the Vice-President consists of all members of both Houses of Parliament:
Elected members of the Lok Sabha and the Rajya Sabha.
Nominated members of the Lok Sabha and the Rajya Sabha.
Members of State Legislative Assemblies and Legislative Councils do not participate in the Vice-Presidential election. The Vice-President is elected through proportional representation by means of the single transferable vote and voting is conducted by secret ballot.
Additional fact
Although the Chairman is not a member of the Rajya Sabha, the Chairman presides over its proceedings. Under Article 100, the presiding officer does not ordinarily vote in the first instance but may exercise a casting vote when the votes are equally divided.