The Constitution of India
Article 64
The Vice-President to be ex officio Chairman of the Council of States
The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit:
Provided that during any period when the VicePresident acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.
Why this exists
The framers wanted a clear, automatic link between the Vice-President's office and leadership of the Upper House, avoiding a separate election for a Rajya Sabha chairperson and reinforcing the Vice-President's role as a check within the parliamentary system. The proviso exists because if the Vice-President has to step in and perform presidential duties, they cannot simultaneously run the House and act as Head of State — doing both would blur the separation of roles and could create conflicts of authority or double compensation.
Common misconceptions
- Myth: The Chairman of the Rajya Sabha is separately elected by its members.
Fact: The Chairman's post is filled automatically by whoever is Vice-President; there is no separate election for this specific chairmanship. - Myth: The Vice-President can hold both the Chairman's role and act as President at the same time.
Fact: Article 64's proviso specifically bars this — while acting as President, the Vice-President must stop performing Rajya Sabha Chairman duties and cannot draw that salary.