Consider the following statements : 1. When Vice-President acts as President of India, he ceases to perform the function of the Chairman of Rajya Sabha. 2. The President of India can promulgate Ordinances at any time except when both Houses of Parliament are in session. Which of the statements given above is/are correct ?

1. The Union Executive: Composition and Mandate (basic)

The Union Executive is the branch of the Indian government responsible for the implementation of laws and the day-to-day administration of the country. In our parliamentary system, the executive is not a separate entity from the legislature but is deeply integrated with it. The composition of the Union Executive includes five key authorities: the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General of India Indian Polity, M. Laxmikanth (7th ed.), Chapter 55, p. 454.

The mandate (or scope) of the Union Executive's power is primarily defined by Article 73 of the Constitution. Generally, the executive power of the Union is co-extensive with the legislative power of Parliament. This means the Union Executive has the authority to act on all matters listed in the Union List and can also exercise rights and jurisdiction derived from international treaties or agreements Introduction to the Constitution of India, D. D. Basu (26th ed.), Chapter 12, p. 381. Furthermore, the Union has the mandate to give directions to State governments to ensure that the exercise of state executive power does not impede the Union's functions Indian Constitution at Work, Class XI NCERT (2025 ed.), Chapter: Federalism, p. 162.

As we begin our journey into the Office of the Vice-President, it is vital to understand that this office occupies a unique dual position. While the Vice-President is the second-highest formal authority in the Union Executive, they also hold a significant legislative role as the ex-officio Chairman of the Rajya Sabha Indian Polity, M. Laxmikanth (7th ed.), Chapter 19, p. 205. This dual nature ensures a bridge between the executive and the upper house of Parliament.

Component	Primary Constitutional Mandate
President	Nominal head; all executive actions are taken in their name.
Vice-President	Acts as President during vacancies; presides over Rajya Sabha.
PM & Council	The real executive; aids and advises the President in exercising functions.
Attorney General	Chief legal advisor to the Government of India.

Sources: Indian Polity, M. Laxmikanth (7th ed.), Chapter 55: Constitutional Prescriptions, p.454; Introduction to the Constitution of India, D. D. Basu (26th ed.), Chapter 12: Distribution of Legislative and Executive Powers, p.381; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), Federalism, p.162; Indian Polity, M. Laxmikanth (7th ed.), Chapter 19: Vice-President, p.205

2. Office of the Vice-President: Election and Functions (basic)

In the Indian constitutional scheme, the Vice-President (VP) wears two hats, but never at the same time. According to Article 64, the Vice-President is the ex-officio Chairman of the Rajya Sabha. The term 'ex-officio' simply means that by virtue of holding the office of Vice-President, the individual automatically becomes the presiding officer of the Upper House. This role is their primary day-to-day function, similar to the Speaker of the Lok Sabha, where they maintain order and handle the legislative business of the House Laxmikanth, M. Indian Polity, Chapter 23, p. 233.

However, a significant shift occurs under Article 65 if the office of the President falls vacant due to death, resignation, or removal. In such a scenario, the Vice-President acts as the President. It is vital to understand that during this period, the VP ceases to perform the duties of the Chairman of the Rajya Sabha. They are not entitled to the salary or allowances of the Chairman; instead, they receive the salary and privileges of the President of India Laxmikanth, M. Indian Polity, Chapter 19, p. 206. While the VP is busy discharging the functions of the President, the duties of the Rajya Sabha Chairman are performed by the Deputy Chairman.

To ensure there is no "power vacuum" in the state, the Constitution is very specific about vacancies. If a Vice-President's five-year term is coming to an end, the election to fill the vacancy must be completed before the term expires. But if the vacancy is unexpected—due to death or resignation—the election must be held "as soon as possible" Laxmikanth, M. Indian Polity, Chapter 19, p. 205. Unlike the President, who can be removed only through a formal 'impeachment,' the Vice-President can be removed by a simpler resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha D. D. Basu, Introduction to the Constitution of India, Chapter 10, p. 208.

Feature	When acting as VP/Chairman	When acting as President
Primary Duty	Presiding over Rajya Sabha	Head of the Executive
Salary	Salary of RS Chairman	Salary of the President
Voting Power	Casting vote in Rajya Sabha	None (not in the House)

Sources: Indian Polity, M. Laxmikanth, Chapter 19: Vice-President, p.205-206; Indian Polity, M. Laxmikanth, Chapter 23: Parliament, p.233; Introduction to the Constitution of India, D. D. Basu, Chapter 10: The Union Executive, p.208

3. Sessions of Parliament: Summoning and Prorogation (intermediate)

To understand the working of our Parliament, we must first look at how it 'breathes'—how it starts, stops, and rests. The President of India has the constitutional authority under Article 85 to summon (call) each House of Parliament to meet. However, this isn't an arbitrary power; the Constitution mandates that the gap between the last sitting of one session and the first sitting of the next must not exceed six months D. D. Basu, Introduction to the Constitution of India, The Union Legislature, p.245. This ensures that the government remains accountable to the legislature at least twice a year. A 'session' is the entire period between the first day Parliament meets and the day it is prorogued (officially ended for the term) or dissolved M. Laxmikanth, Indian Polity, Parliament, p.236. It is crucial for a UPSC aspirant to distinguish between Adjournment and Prorogation, as they are often confused. While they both pause the work of the House, their authority and impact differ significantly. An adjournment only terminates a sitting (for a few hours or days) and is done by the Presiding Officer (the Speaker for Lok Sabha or the Chairman—the Vice-President—for Rajya Sabha). In contrast, Prorogation not only terminates the sitting but the entire session of the House, and this power lies solely with the President D. D. Basu, Introduction to the Constitution of India, The Union Executive, p.213.

Feature	Adjournment	Prorogation
Authority	Presiding Officer (Speaker/Chairman)	President of India
Scope	Terminates a sitting only	Terminates a session of the House
Bills/Business	Does not affect pending bills	Does not affect bills, but notices (except for bills) lapse

Finally, we have the concept of Recess, which is the interval between the prorogation of a House and its reassembly in a new session M. Laxmikanth, Indian Polity, Parliament, p.236. This is a vital period because, under Article 123, the President can only promulgate an Ordinance when at least one of the two Houses is not in session (i.e., during recess). If both Houses are in session, the law-making power belongs exclusively to Parliament, and the President cannot issue an ordinance. Understanding this 'lifecycle' helps us see why the Vice-President's role as the ex-officio Chairman of Rajya Sabha is so continuous—even when the Lok Sabha is dissolved, the Rajya Sabha (being a permanent House) only undergoes prorogation, never dissolution M. Laxmikanth, Indian Polity, State Legislature, p.341.

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), The Union Legislature, p.245; Indian Polity, M. Laxmikanth (7th ed.), Parliament, p.236; Introduction to the Constitution of India, D. D. Basu (26th ed.), The Union Executive, p.213; Indian Polity, M. Laxmikanth (7th ed.), State Legislature, p.341

4. The Presiding Officers: Deputy Chairman of Rajya Sabha (intermediate)

While the Vice-President serves as the ex-officio Chairman of the Rajya Sabha, the House requires a presiding officer from within its own ranks to ensure continuity. This is where the Deputy Chairman comes in. Unlike the Chairman (who is not a member of the House), the Deputy Chairman is elected by the Rajya Sabha from amongst its own members Laxmikanth, M. Indian Polity, Parliament, p.233. This ensures that even if the 'Head' of the House is an outsider, the 'Deputy' is one of their own.

The constitutional relationship between the Chairman and the Deputy Chairman is often misunderstood. It is vital to remember that the Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha itself. He performs the duties of the Chairman's office in two specific scenarios:

• When the office of the Chairman is vacant (e.g., resignation or death of the VP).
• When the Vice-President is acting as the President or discharging the functions of the President Laxmikanth, M. Indian Polity, Vice President, p.206.

A member holding the office of Deputy Chairman can vacate it in three ways: if they cease to be a member of the Rajya Sabha, if they resign by writing to the Chairman, or if they are removed by a resolution passed by an effective majority (a majority of all the then members) after a 14-day notice Introduction to the Constitution of India, D. D. Basu, The Union Legislature, p.249. When presiding, his powers are identical to the Chairman's—he cannot vote in the first instance but holds a casting vote in case of a tie.

Feature	Chairman (Vice-President)	Deputy Chairman
Membership	Not a member of Rajya Sabha	Must be a member of Rajya Sabha
Resignation	Resigns to the President	Resigns to the Chairman
Status	Ex-officio Presiding Officer	Constitutional Officer (Not a subordinate)

Sources: Indian Polity, M. Laxmikanth, Parliament, p.233; Indian Polity, M. Laxmikanth, Vice-President, p.206; Introduction to the Constitution of India, D. D. Basu, The Union Legislature, p.249

5. Legislative Powers: The Ordinance-Making Power (intermediate)

In the Indian constitutional framework, while the primary job of making laws belongs to the Parliament, Article 123 provides a special safety valve: the Ordinance-making power of the President. Think of this as an emergency legislative tool meant to deal with unforeseen or urgent matters when the regular legislative machinery is unavailable Laxmikanth, M. Indian Polity, Chapter 18: President, p. 197. It is considered the most important legislative power of the President, ensuring that the governance of the country doesn't come to a standstill simply because Parliament isn't sitting.

There are three critical limitations to keep in mind regarding when and how this power is exercised:

• The Condition of Recess: An ordinance can only be promulgated when at least one of the two Houses of Parliament is not in session. Because a law requires both Houses to pass it, if even one House is in recess, the legislative process is halted, and the President may step in D. D. Basu, Introduction to the Constitution of India, Chapter 12: The Union Legislature, p. 249.
• Non-Discretionary Nature: This is not a personal power of the President. He or she can only issue or withdraw an ordinance on the aid and advice of the Council of Ministers headed by the Prime Minister Laxmikanth, M. Indian Polity, Chapter 18: President, p. 198.
• Co-extensive Scope: The power of an ordinance is co-extensive with the power of Parliament. This means an ordinance can only be made on subjects Parliament can legislate on, and it is subject to the same constitutional limitations—meaning an ordinance cannot violate Fundamental Rights D. D. Basu, Introduction to the Constitution of India, Chapter 11: The Union Executive, p. 219.

The temporary nature of an ordinance is its most defining feature. Every ordinance must be laid before both Houses of Parliament once they reassemble. It automatically ceases to operate six weeks after the reassembly of Parliament unless it is approved earlier. If the two Houses are summoned to reassemble on different dates, this six-week window is calculated from the later of those two dates Laxmikanth, M. Indian Polity, Chapter 18: President, p. 198. Interestingly, when the Vice-President acts as the President during a vacancy, they exercise this exact power, but they must simultaneously cease their duties as the Chairman of the Rajya Sabha to maintain the separation of executive and legislative functions.

Feature	President (Article 123)	Governor (Article 213)
Scope	Union List and Concurrent List	State List and Concurrent List
Advice	Central Council of Ministers	State Council of Ministers
Expiry	6 weeks from reassembly of Parliament	6 weeks from reassembly of State Legislature

Sources: Laxmikanth, M. Indian Polity, Chapter 18: President, p.197-198; Introduction to the Constitution of India, D. D. Basu, Chapter 11: The Union Executive, p.219; Introduction to the Constitution of India, D. D. Basu, Chapter 12: The Union Legislature, p.249

6. The Vice-President Acting as President (exam-level)

In the Indian constitutional scheme, the Vice-President serves a unique dual role, often described as a "stand-by" for the highest office in the land. When the office of the President falls vacant due to death, resignation, or removal (impeachment), the Vice-President steps in to act as the President until a new President is elected and assumes office Laxmikanth, M. Indian Polity, Chapter 19, p. 205. Additionally, if the sitting President is temporarily unable to perform their duties—perhaps due to illness or absence from the country—the Vice-President discharges the functions of the President until the President returns to duty D. D. Basu, Introduction to the Constitution of India, Chapter 11, p. 207.

One of the most critical legal nuances of this transition is that the Vice-President cannot wear two hats simultaneously. Under Article 64 and Article 65, the moment the Vice-President begins acting as the President, they cease to perform the duties of the Chairman of the Rajya Sabha D. D. Basu, Introduction to the Constitution of India, Chapter 11, p. 209. During this period, the duties of the Chairman are performed by the Deputy Chairman of the Rajya Sabha Laxmikanth, M. Indian Polity, Chapter 23, p. 233. Essentially, the Vice-President temporarily leaves the legislative sphere to head the executive branch.

While acting as the President, the Vice-President is entitled to all the powers, privileges, and immunities of the President. This includes the authority to promulgate ordinances under Article 123 when Parliament is not in session. Furthermore, they receive the emoluments and allowances of the President rather than their usual salary as the Rajya Sabha Chairman D. D. Basu, Introduction to the Constitution of India, Chapter 11, p. 209. Currently, this salary stands at ₹5,00,000 per month, as revised by the Finance Act of 2018 D. D. Basu, Introduction to the Constitution of India, Chapter 11, p. 207.

Scenario	Role of Vice-President	Who Presides over Rajya Sabha?
Permanent Vacancy (Death/Removal)	Acts as President until a new one is elected.	Deputy Chairman of Rajya Sabha.
Temporary Absence (Illness/Travel)	Discharges functions until President resumes.	Deputy Chairman of Rajya Sabha.

Sources: Laxmikanth, M. Indian Polity, Chapter 19: Vice-President, p.205; Laxmikanth, M. Indian Polity, Chapter 23: Parliament, p.233; Introduction to the Constitution of India, D. D. Basu, Chapter 11: The Union Executive, p.207, 209

7. Solving the Original PYQ (exam-level)

This question bridges the constitutional concepts regarding the dual roles of the Vice-President and the legislative powers of the President. Statement 1 tests your understanding of the functional transition between offices; according to Article 64 and Article 65, the Vice-President is the ex-officio Chairman of Rajya Sabha, but this role is suspended the moment they begin acting as the President of India. As you learned in M. Laxmikanth, Indian Polity, they cannot hold both responsibilities simultaneously; during this period, the Deputy Chairman takes over the duties of the House. This ensures a clear separation of functions when the Vice-President is performing the highest executive duties of the land.

To arrive at the correct answer, Option (C), you must also analyze the timing of the President's legislative authority under Article 123. Statement 2 highlights the Ordinance power, which is a substitute for the legislative process. A common UPSC trap is the phrase "at any time," but the statement correctly adds the exception: "except when both Houses of Parliament are in session." If even one House is not in session, the President can promulgate an ordinance because a law cannot be passed by a single House alone. As detailed in D.D. Basu, Introduction to the Constitution of India, this power is intended for emergency legislative needs when the normal parliamentary route is unavailable. Therefore, both statements are constitutionally sound, making Both 1 and 2 the correct choice.