Constitution of India

184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

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.


Article 184 corresponds to article 91 of the Constitution which provides for the Deputy Chairman of Rajya Sabha performing the duties of the Chairman and article 180 relating to the power of the Deputy Speaker or other person to perform the duties of, or act as, Speaker.

Following the provisions of section 65(3) and (5) of the Government of India Act 1935, the Drafting Committee vide article 162 of its Draft Constitution (February, 1948) which is almost identical to draft article 159 relating to the Speaker and Deputy Speaker of the Assembly, laid down as follows:

“162. Power of the Deputy Chairman or other persons 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 Speaker 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.”

When draft article 162 came up for the consideration of the Constituent Assembly on 2 June, 1949, it was adopted without any debate.1 At the revision stage, the draft article was renumbered as article 184 of the Constitution adopted on 26 November, 1949.

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Subhash C Kashyap

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