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Article 91 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 91 - Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

Part of the Constitutional Article

Part V

The Constitution of India serves as the highest legal authority in India and outlines the structure for the governance of the country. It is an extensive document that defines the powers, roles and duties of the different branches of government. Article 91 is an important provision in the Indian Constitution which deals with the power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. The Rajya Sabha or the Council of States holds a significant position in the political framework of the nation and represents the interests of the states and union territories.

Interpretation of Article 91 of Indian Constitution

Article 91 of the Constitution states - “1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose. 2) During the absence of the Chairman from any sitting of the Council of States, the Deputy Chairman, or if he is also absent, such person as may be determined by the rules of procedure of the Council, or if no such person is present, such other person as may be determined by the Council, shall act as Chairman.”

Article 91 provides the procedure for performing the duties of the Chairman of the Rajya Sabha in the event of a vacancy or absence which are as follows -

  • When the office of the Chairman (Vice-President) is vacant, or if the Vice-President is acting as the President then in such a case the Deputy Chairman assumes the responsibilities of the Chairman. 
  • If both the Chairman and Deputy Chairman positions are vacant, the President has the power to appoint a member of the Rajya Sabha to carry out the duties. 
  • In cases of temporary absence of the Chairman, the Deputy Chairman or another designated member takes over the responsibilities of the Chairman.

Article 91 of the Constitution ensures the following -

  • continuous functioning of the Rajya Sabha
  • maintaining order and proceedings
  • highlights the importance of the Deputy Chairman in facilitating its smooth operation

Conclusion

Article 91 of Indian Constitution empowers the Deputy Chairman or another person designated by the Chairman to carry out the responsibilities of the Chairman of the Rajya Sabha or the Council of States. The provision ensures the uninterrupted functioning of the house and allows for the smooth conduct of its proceedings in the absence of the Chairman.

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FAQs about Article 91 of Indian Constitution

Article 91 deals with the power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.

Article 91 is mentioned under Part V of the Constitution of India.

If both positions are vacant, the President has the authority to appoint a member of the Rajya Sabha to perform the duties of the Chairman.

The person acting as Chairman exercises the same powers and privileges as the Chairman.
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