Part V - Parliament • Article

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

Article 90 explains when the Deputy Chairman of Rajya Sabha must leave their post: 1) If they are no longer an MP. 2) If they resign. 3) If the House votes to remove them.

Official Text

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; and (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.

Simple Meaning

Article 90 explains when the Deputy Chairman of Rajya Sabha must leave their post: 1) If they are no longer an MP. 2) If they resign. 3) If the House votes to remove them.

Explain Like Ten

The Deputy Chairman is the Vice-Chairman of the Rajya Sabha. They can leave their post in three ways: if they stop being an RS member, if they write a resignation letter to the Chairman, or if the RS itself votes them out. The vote to remove them needs a special 14-day notice to keep things fair.

Student Mode

Article 90 governs how the Deputy Chairman of the Rajya Sabha vacates office: (a) Automatic vacation: if they cease to be an RS member; (b) Resignation: by writing to the Chairman; (c) Removal: by a resolution passed by a majority of all RS members, with mandatory 14 days' prior notice. This mirrors Article 67 (VP vacation) and Article 94 (Speaker/Deputy Speaker of Lok Sabha).

Example

If an office-holder's power or duty is questioned, Article 90 clarifies how vacation and resignation of, and removal from, the office of deputy chairman fits into Parliament's working rules.

Key Takeaway

Rules for the exit of the Rajya Sabha's second-in-command.

FAQs

What majority is needed to remove the Deputy Chairman of the Rajya Sabha?

An effective majority — a majority of all the then members of the Council of States (not just those present and voting).

Why is 14 days' notice required before a removal motion?

To allow the Deputy Chairman time to prepare a defence and to allow members to consider the matter carefully — ensuring due process and preventing hasty removal.

Can the Deputy Chairman be removed by the President?

No. Only the Rajya Sabha itself can remove the Deputy Chairman through a resolution. The President has no role in this process.