Previous Year Question
With reference to ‘Vice-President of India’, which of the following statements is/are correct?
The Vice-President is the ex-officio Chairman of the Rajya Sabha.
Vice-President is a member of the Rajya Sabha.
Select the correct answer from the code given below:
Both 1 and 2
Neither 1 nor 2
Only 2
Only 1
Correct Answer: D
Detailed Solution
The office of the Vice-President is established under Article 63 of the Indian Constitution. An important constitutional role of the Vice-President is to function as the ex-officio Chairman of the Rajya Sabha.
Statement 1 is correct.
According to Article 64 of the Constitution, the Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
Ex-officio means that the Vice-President becomes the Chairman of the Rajya Sabha by virtue of holding the office of Vice-President. A separate election as Chairman is not required.
Article 89(1) also provides that the Vice-President of India shall be the ex-officio Chairman of the Rajya Sabha.
As Chairman of the Rajya Sabha, the Vice-President presides over its proceedings and maintains order in accordance with the rules of procedure.
Statement 2 is incorrect.
Article 66(2) of the Constitution expressly provides that the Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State.
If a member of Parliament or a State Legislature is elected Vice-President, their seat in the respective House is deemed vacant on the date they enter upon the office of Vice-President.
Therefore, the Vice-President is the ex-officio Chairman of the Rajya Sabha but is not a member of the Rajya Sabha.
Important examination distinction: According to Article 66(3), a candidate for the office of Vice-President must be qualified for election as a member of the Rajya Sabha. This does not mean that the candidate must actually be a member of the Rajya Sabha.
Thus, there is a constitutional distinction between being the Chairman of the Rajya Sabha and being a member of the Rajya Sabha.