Deputy Chairman or Appointed Member Presiding in Absence or Vacancy
Official heading: “Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 91, printed page 41
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Article 91 empowers the Deputy Chairman (or a member appointed by the President) to perform the duties of the Chairman during a vacancy, and provides for presiding in the Chairman’s absence.
2. What It Means in Everyday Language
Article 91 ensures that the Council of States (Rajya Sabha) can always function, even when the Chairman is unavailable. Clause (1) deals with vacancies: when the office of Chairman is vacant, or during any period when the Vice-President is acting as President under Article 65, the duties of the office are performed by the Deputy Chairman.
If the office of Deputy Chairman is also vacant, the President may appoint any member of the Council of States to perform the duties of the Chairman.
Clause (2) deals with temporary absence: during the Chairman’s absence from any sitting, the Deputy Chairman presides. If the Deputy Chairman is also absent, such person as determined by the rules of procedure (typically a member of the Panel of Vice-Chairmen), or chosen by the House, acts as Chairman.
3. Practical Illustrative Example
The Vice-President assumes duties as acting President of India following a sudden vacancy in the presidency.
4. Important Limits, Qualifications & Exceptions
Article 91 establishes continuous functional leadership for the Council of States.
- Vacancy substitution: Deputy Chairman performs Chairman duties during vacancy or Article 65 acting role.
- Dual vacancy protocol: President may appoint a Rajya Sabha member if both posts are vacant.
- Sessional absence: Deputy Chairman or Panel of Vice-Chairmen presides under rules of procedure.
- Preserves legislative functioning without interruption.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 91, printed page 41 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.