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 ?

Statement 1 is correct. According to Article 64 and Article 65 of the Constitution, the Vice-President is the ex-officio Chairman of the Rajya Sabha [4]. However, when the Vice-President acts as the President or discharges the functions of the President during a vacancy or absence, they cease to perform the duties of the Chairman of the Rajya Sabha [2]. During such periods, the office of the Chairman is considered vacant for the purpose of duties, which are then performed by the Deputy Chairman [5]. Statement 2 is also correct. Under Article 123, the President can promulgate an ordinance only when at least one of the two Houses of Parliament is not in session. If both Houses are in session, the President has no power to issue an ordinance, as the legislative power rests with the Parliament. Thus, both statements are constitutionally accurate.

Sources

1. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 19: Vice President > INDIAN AND AMERICAN VICE-PRESIDENTS COMPARED > p. 206
2. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 19: Vice-President > INDIAN AND AMERICAN VICE-PRESIDENTS COMPARED > p. 206
3. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Chairman of Ra;ya Sabha > p. 233
4. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Chairman of Ra;ya Sabha > p. 233
5. [5] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 249