Removal of Rajya Sabha Chairman

Fact Box:

About Rajya Sabha (the Upper House of Parliament)

• The Rajya Sabha is modelled after the House of Lords in the United Kingdom.
• Rajya Sabha is a permanent body and is not subject to dissolution. However, one-third of the members retire every second year and are replaced by newly elected members.
• Each member is elected for a term of six years.
• The Vice President of India is the ex-officio Chairman of the Rajya Sabha, which is the final stop before a bill is sent for presidential assent.

Chairman of the Rajya Sabha

• The Chairman of the Rajya Sabha, who is also the Vice-President of India, plays a crucial role in the functioning of the House. As the Presiding Officer, the Chairman is responsible for maintaining order, decorum, and ensuring that the proceedings of the Rajya Sabha follow the Constitution, rules, and practices.
• Key Roles and Responsibilities:
  • Presiding Officer: The Chairman oversees Rajya Sabha meetings, ensuring the orderly conduct of discussions and debates.
  • Guardian of the House: The Chairman upholds the prestige and dignity of the House. He is also the principal spokesperson for the Rajya Sabha, representing its collective voice to the outside world.
  • Impartiality: The Chairman's decisions are binding, and he is expected to act impartially. His rulings are not open to criticism and cannot be questioned.
  • Presides Over Key Sessions: The Chairman presides during critical times, such as Question Hour, debates on important bills, and constitutional amendments. He ensures that members’ rights to ask questions and receive answers are protected.
  • Casting Vote: The Chairman has a casting vote in case of a tie during voting, except when the motion concerns his own removal. In such cases, he does not preside and cannot vote.
• Powers:
  • Adjournment and Suspension: The Chairman has the authority to adjourn the House or suspend its sitting if there is no quorum or in case of grave disorder.
  • Disqualification of Members: The Chairman determines whether a Rajya Sabha member is disqualified under the Tenth Schedule (anti-defection law).
  • Rulings and Precedents: The Chairman’s rulings are considered precedents and cannot be challenged. He is the final authority on the interpretation of rules and procedures in the House.
  • Committee Oversight: The Chairman oversees the functioning of parliamentary committees, appoints their chairs, and ensures the effective conduct of their work. He is also the head of key committees like the Business Advisory Committee and Rules Committee.
  • Maintenance of Order: The Chairman is responsible for maintaining order during debates. He can intervene in cases of irrelevance or defamatory remarks and can expunge inappropriate language from the records.
• Administrative Functions:
  • Rajya Sabha Secretariat: The Chairman controls the Rajya Sabha Secretariat and ensures the proper functioning of the House.
  • Warrants and Communications: He issues warrants to execute the orders of the House and communicates with external authorities, including messages from the President or foreign countries.
• Role in Bill Passage: The Chairman authenticates and corrects any errors in Bills passed by Rajya Sabha before they are presented to the President for assent.
• Absence of the Chairman: In the absence of the Chairman, the Deputy Chairman presides over the sessions. The Chairman may also delegate duties to Vice-Chairmen when needed.
• Special Functions: The Chairman makes obituary references and special references on significant national or international occasions. He represents Rajya Sabha at formal events and welcomes foreign dignitaries or delegates.