The Constitution of India
Article 184
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, 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 as the Governor may appoint for the purpose.
(2) During the absence of the Chairman from any sitting of the Council 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
State Legislative Councils, like the Rajya Sabha, need continuous leadership to function—someone must preside over debates and maintain order. The Constitution framers anticipated that the Chairman's post could become vacant (due to death, resignation, or removal) or that the Chairman might simply be away from a sitting. Article 184 creates a clear chain of command—Deputy Chairman, then a Governor-appointed member, or rules-based substitute—so that no sitting of the House is ever left without someone to preside, preventing procedural paralysis.
Common misconceptions
- Myth: If the Chairman is absent even for one meeting, a new Chairman must be elected immediately.
Fact: For a single sitting's absence, Article 184(2) just has the Deputy Chairman or another designated person act temporarily—there's no need for a fresh election. - Myth: The Governor can appoint anyone from outside the Council to act as Chairman.
Fact: Under Article 184(1), the Governor can only appoint a serving member of the Council itself to perform the Chairman's duties when both the Chairman and Deputy Chairman posts are vacant.