Mains Practice Questions

Approach:

• Introduce the answer by briefing about Constitutional Provisions related to Vice President
• Give Constitutional Significance of Vice-President’s Role as Rajya Sabha Chairperson
• Delve into Practical Significance in Sustaining Bicameralism and Federalism
• Highlight key limitations and measures to enhance the role of the office of Vice-President
• Conclude with a quote.

Introduction:

Article 63 of the Constitution of India provides for a Vice-President, who under Article 64 is the ex-officio Chairman of the Rajya Sabha (Council of States).

• In this unique dual role, the Vice-President belongs to the Executive branch, yet presides over the Upper House of Parliament — embodying the spirit of bicameralism and acting as a crucial link between federalism and parliamentary procedure.

Body:

Constitutional Significance of Vice-President’s Role as Rajya Sabha Chairperson

• Presiding Officer of the Council of States: Under Article 64, the Vice-President serves as the ex-officio Chairman of the Rajya Sabha, responsible for conducting the proceedings of the House in a neutral and orderly manner.
  • Ensures legislative efficiency and procedural discipline in the Upper House, which represents the states in India’s federal structure.
• Protection of Federal Balance: The Rajya Sabha exists primarily to protect the interests of the states in the Union.
  • As Chairperson, the Vice-President facilitates meaningful debates on issues affecting the states, such as state finances, federal schemes, and legislative encroachments.
• Upholding Parliamentary Traditions: Although the Vice-President is not a member of either House, his constitutional role ensures non-partisan conduct, reinforcing parliamentary dignity and federal neutrality.
• Stability During Executive Vacancies: Under Article 65, the Vice-President discharges the functions of the President in times of vacancy or incapacity, ensuring continuity of constitutional governance — a reflection of cooperative federalism.

Practical Significance in Sustaining Bicameralism and Federalism

• Facilitating Diverse Representation: The Rajya Sabha is a chamber of second thought, offering state perspectives on national legislation.
  • The Chairman ensures that regional voices are not drowned by majoritarianism, which may occur in the Lok Sabha.
• Balanced Legislative Deliberation: The Vice-President, through the Chair, enables constructive debate and checks hasty legislation, safeguarding the federal compact.
• Neutral Arbiter in Political Contests: The Rajya Sabha often becomes a forum for intense Centre-State contestation. The Vice-President’s impartial conduct as Chair is crucial in maintaining decorum and trust among diverse political units.
• Encouraging Institutional Synergy: The Vice-President, with his unique vantage point, helps in harmonizing the functioning of the Executive and the Legislature — contributing to better Centre-State coordination.

Key Limitations:

• No Voting Power Except in a Tie: As per Article 100(1), the Vice-President (as Rajya Sabha Chairman) does not participate in voting on bills or motions except in case of a tie.
  • This limits his legislative influence, especially in shaping key federal legislations.
• Limited Role in Legislative Business Formulation: While the Chairperson presides over certain committees like the Business Advisory Committee of Rajya Sabha, his influence over legislative scheduling is relatively limited compared to the proactive role of the Lok Sabha Speaker.
  • This weakens his role in setting priorities or ensuring state-centric issues are given time.
• No Control Over Money Bills: The Rajya Sabha and its Chairman have no role in the introduction or passage of Money Bills, as per Article 110, which are exclusive to the Lok Sabha.
  • This significantly dilutes the power of the Upper House, and by extension, the role of the Vice-President in financial federalism.

Measures to Enhance the Role of the Vice-President as Rajya Sabha Chairperson:

• Institutionalising Greater Procedural Powers: Provide the Chairman a greater say in Business Advisory Committee decisions, similar to the Lok Sabha Speaker, to allow more effective scheduling of debates on state-centric issues.
• Strengthening Neutrality through Reforms: Consider a cooling-off period from active politics before assuming the Vice-President’s role, to safeguard institutional neutrality and public trust.
  • Create a Code of Conduct for the Chair to reinforce impartiality, especially during contentious legislative debates.
• Encouraging Cooperative Federalism through Dialogue: Use the Vice-President’s stature to host regular informal dialogues among Rajya Sabha members from different states on issues like GST implementation, water disputes, etc.
  • Facilitate state-specific discussion days in the Rajya Sabha to bring regional concerns into national spotlight.

Conclusion:

“The essence of federalism lies in unity without uniformity.” In this spirit, the Vice-President, as Chairperson of the Rajya Sabha, serves as a silent yet steadfast sentinel of India’s federal structure. His dual role adds both resilience and balance to India’s constitutional framework.