Article 91 of CoI : Article 91: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.
CoI
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Explanation using Example
Example 1:
Scenario: The Vice-President of India, who is also the Chairman of the Rajya Sabha (Council of States), is elected as the President of India.
Application of Article 91:
- Since the Vice-President is now acting as the President, the office of the Chairman of the Rajya Sabha becomes vacant.
- According to Article 91(1), the Deputy Chairman of the Rajya Sabha will perform the duties of the Chairman.
- If the Deputy Chairman's position is also vacant, the President of India will appoint a member of the Rajya Sabha to perform the duties of the Chairman.
Example: Mr. A, the Vice-President, is elected as the President of India. The Deputy Chairman, Ms. B, will now perform the duties of the Chairman of the Rajya Sabha. If Ms. B's position is also vacant, the President appoints Mr. C, a senior member of the Rajya Sabha, to act as the Chairman.
Example 2:
Scenario: The Chairman of the Rajya Sabha is on a foreign visit and cannot attend a session of the Rajya Sabha.
Application of Article 91:
- During the absence of the Chairman from any sitting of the Rajya Sabha, the Deputy Chairman will act as the Chairman as per Article 91(2).
- If the Deputy Chairman is also absent, the person determined by the rules of procedure of the Rajya Sabha will act as the Chairman.
- If no such person is present, the Council of States will determine another person to act as the Chairman.
Example: The Chairman, Mr. D, is on a foreign visit. The Deputy Chairman, Ms. E, will act as the Chairman during his absence. If Ms. E is also absent, the rules of procedure designate Mr. F to act as the Chairman. If Mr. F is not present, the Rajya Sabha members decide that Mr. G will act as the Chairman for that session.