Constitution of India
Article 64: The Vice-President to be ex officio Chairman of the Council of States
Part V — The Union (Chapter I — The Executive)
Article 64 (Main Provision + Proviso — no sub-clauses)
WHAT IT SAYS: 1. The Vice-President shall be the ex officio Chairman of the Council of States (Rajya Sabha). 2. He shall not hold any other office of profit. 3. PROVISO: When acting as President or discharging presidential functions under Article 65, he shall NOT perform duties as Chairman of Rajya Sabha. 4. During such period, he shall NOT be entitled to salary or allowance payable to the Chairman under Article 97. WHAT IT MEANS: 1. Upon election as Vice-President, the person automatically becomes Chairman of Rajya Sabha — no separate appointment needed. 2. The 'office of profit' bar ensures undivided attention and impartiality. 3. When the VP steps into presidential shoes (vacancy, absence, illness), the Deputy Chairman takes over Rajya Sabha. 4. Financial safeguard: VP receives only President's emoluments during that period — no double-drawing. KEY DOCTRINE: 1. Dual Capacity Doctrine — the VP holds two distinct constitutional offices (executive successor + legislative presiding officer) simultaneously but cannot exercise both at the same time. 2. Separation of Powers — prevents simultaneous exercise of executive (President) and legislative (Chairman) roles.
Constitutional Inspiration
SOURCE(S): 1. United States Constitution — Article I, Section 3, Clause 4 Original provision: The US Vice-President serves as President of the Senate but votes only in case of a tie. What India kept: The concept of VP presiding over the Upper House and acting as presidential successor. INDIA'S SPECIFIC ADAPTATIONS: 1. 'Office of profit' prohibition added — The US Constitution has no such bar on the VP; India added this to ensure impartiality in a parliamentary system. 2. Proviso on ceasing Chairman duties when acting as President — The US VP simply assumes the Presidency permanently upon vacancy; India's VP acts only temporarily (max 6 months) and must formally cease legislative duties. 3. Salary segregation under Article 97 — India explicitly bars the VP from drawing Chairman's salary while acting as President, ensuring no financial overlap. 4. Parliamentary vs. Presidential context — In the US, the VP is part of the executive ticket; in India, the VP is elected by an entirely different electoral college (both Houses of Parliament) and serves a distinct parliamentary function.
Constituent Assembly Debate
DEBATED ON: 28 December 1948 (CAD Volume VII) DRAFT ARTICLE NUMBER: Article 53 of the Draft Constitution KEY SPEAKERS: 1. Dr. B.R. Ambedkar (Chairman, Drafting Committee) — Moved two amendments: (a) replaced 'or position of emolument' with 'of profit'; (b) added proviso that VP shall not receive Chairman's salary when acting as President. 2. H.V. Kamath — Raised a query on the VP's emoluments when acting as President vs. when serving as Chairman, seeking clarity on dual compensation. 3. Mr. Tajamul Husain — Supported the scheme, noting the VP's salary as Chairman would be fixed under Article 79 (now Article 97) and need not be specified in the Constitution. MAJOR DISAGREEMENTS: 1. No substantive disagreement — The article was adopted with minimal debate. 2. Minor wording issue — 'Position of emolument' vs. 'office of profit' was the only change; Ambedkar's substitution was accepted without opposition. FINAL OUTCOME: Both Drafting Committee amendments (Nos. 1202 and 1211) were accepted without division; Draft Article 53 was adopted as part of the Constitution. AMBEDKAR'S KEY QUOTE: Proposed substituting 'or position of emolument' with 'of profit' to ensure the VP held no office leading to financial gain or conflict of interest.
Landmark Judgments
LANDMARK JUDGMENTS: 1. Note: Article 64 has not been the direct subject of a standalone Supreme Court ruling. However, it has been interpreted in the following contexts: 2. The constitutional scheme under Articles 64 and 65 was reaffirmed in cases concerning the Deputy Chairman's authority to preside when the VP acts as President — the Supreme Court upheld that the Deputy Chairman lawfully presides over Rajya Sabha during such periods. 3. In the 2026 Supreme Court judgment (X v. Speaker of the House of People, 2026 INSC 65), the Court discussed the Chairman's (VP's) role under the Judges (Inquiry) Act and whether the Deputy Chairman could exercise the Chairman's statutory functions — touching upon the scope of Article 64. 4. Election disputes related to the Vice-President are exclusively decided by the Supreme Court under Article 71, reinforcing the importance of the VP's dual role under Article 64. NOTABLE HISTORICAL INSTANCES: 1. V.V. Giri (1969) — Resigned as VP to contest presidential election; during the interim, the Deputy Chairman performed Rajya Sabha duties. 2. B.D. Jatti (1977) — Acted as President after Fakhruddin Ali Ahmed's death; ceased to function as Chairman of Rajya Sabha per Article 64's proviso. SCHOLARS & JURISTS: 1. D.D. Basu — Noted that the VP's position has no exact parallel in other parliamentary democracies; it is a unique blend of the American presidential-succession model adapted to Indian parliamentary governance. 2. M.P. Jain — Observed that Article 64 ensures the neutrality of the Upper House by placing a non-member as its presiding officer, preventing partisan control unlike the Lok Sabha Speaker who is an elected member.