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Article 90 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 90 - Vacation and resignation of, and removal from, the office of Deputy Chairman

Part of the Constitutional Article

Part V

The Constitution of India came into force on 26th January, 1950 and serves as the highest legal authority in India and outlines the structure for the governance of the country. Article 90 is an important provision in the Indian Constitution which deals with the vacation, resignation and removal of the Deputy Chairman of the Rajya Sabha (Council of States) i.e., upper house of Parliament. It defines the situations in which the position of Deputy Chairman may become vacant, the procedure for resignation and the conditions under which the Deputy Chairman can be removed from office. The provision highlights the significant role and responsibilities of the Deputy Chairman in the smooth functioning of the house.

Interpretation of Article 90 of Indian Constitution

Article 90 of the Constitution states - “A member holding office as Deputy Chairman of the Council of States - a) shall vacate his office if he ceases to be a member of the Council b) may at any time, by writing under his hand addressed to the Chairman, resign his office c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.”

According to Article 90 the Deputy Chairman of the Rajya Sabha must vacate their position if they are no longer a member of the Rajya Sabha or Council of States. It also states that if the Deputy Chairman wishes to resign they must submit their resignation in writing to the Chairman of the Rajya Sabha. 

Article 90 also provides a provision for the removal of the Deputy Chairman from office. It states that a resolution passed by a majority of all the current members of the Rajya Sabha the Deputy Chairman can be removed from his office. It is to be noted that the resolution requires a minimum of 14 days notice before it is introduced. 

The provision ensures that the office of the Deputy Chairman is tied to their membership in the Rajya Sabha, provides a formal procedure for resignation and establishes a democratic process for removal with safeguards to guarantee proper notice and due process.

Conclusion

Article 90 of Indian Constitution outlines the procedures for the vacation, resignation and removal of the Deputy Chairman. The provision ensures that the office is occupied by individuals who are capable, ethical and uphold the dignity of the role. The processes for resignation and removal are intended to maintain fairness and justice while preserving the integrity of the Council of States.

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FAQs about Article 90 of Indian Constitution

Article 90 deals with the Vacation and resignation of, and removal from, the office of Deputy Chairman.

The Deputy Chairman must vacate their office if they cease to be a member of the Rajya Sabha (Council of States).

The Deputy Chairman can resign by submitting a written resignation addressed to the Chairman of the Rajya Sabha.

Article 90 is mentioned under Part V of the Constitution of India.
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