The Constitution of India
Article 91
Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
(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.
Why this exists
The Vice-President of India automatically serves as Chairman of the Rajya Sabha under Article 64. But the Vice-President may sometimes be unavailable — the office could fall vacant, the Vice-President might be temporarily acting as President (under Article 65), or they might simply miss a day's sitting. Article 91 ensures the Rajya Sabha's proceedings never stall for lack of a presiding officer, by creating a clear chain of command: Deputy Chairman first, then a member appointed by the President for longer vacancies, or a rules-based/House-decided substitute for a single day's absence.
Common misconceptions
- Myth: The Deputy Chairman can only preside if the Vice-President resigns or dies.
Fact: Article 91 also covers temporary situations, like the Vice-President acting as President, or simply being absent from a single day's sitting. - Myth: If both the Chairman and Deputy Chairman are absent for a sitting, the House cannot function that day.
Fact: Article 91(2) provides a fallback: someone determined by the House's rules, or if no one fits, someone chosen by the House itself, can act as Chairman for that sitting.