Question

Consider the following statements with regard to Vice-President’s role as Chairman of the Rajya Sabha:

1. He is the final authority on the interpretation of the Constitution and the Rules of Procedure for all house-related matters.

2. His rulings constitute precedents which are of a binding nature.
3. He determines whether a Rajya Sabha member stands to be disqualified on grounds of defection.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3​

Answer 1

Option D - 1, 2 and 3

■ Explanation :-

• As the Chairman of the Rajya Sabha, the Vice-President presides over the meetings of the House. As the Presiding Officer, the Chairman of the Rajya Sabha is the unchallenged guardian of the prestige and dignity of the House.

• It is the right of the Chairman to interpret the Constitution and rules so far as matters in or relating to the House are concerned, and no one can enter into any argument or controversy with the Chairman over such interpretation. Hence statement 1 is correct.

• The Chairman's rulings constitute precedents which are of a binding nature. The Chairman's rulings cannot be questioned or criticized and to protest against the ruling of the Chairman is a contempt of the House and the Chairman. The Chairman is not bound to give reasons for his decisions. The rulings are generally delivered by the Chairman on the floor of the House but in some contingency, his ruling may be read to the House by the Deputy Chairman, on his request. Hence statement 2 is correct.

• Under the Tenth Schedule to the Constitution, the Chairman determines the question as to disqualification of a member of the Rajya Sabha on ground of defection; he also makes rules for giving effect to the provisions of that Schedule. The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act. Hence statement 3 is correct.

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