Article 90 of the Constitution of India deals with the vacation, resignation and removal of the Deputy Chairman of the Council of States (Rajya Sabha). It specifies the circumstances in which the Deputy Chairman may leave or be removed from office.
- Meaning of Article 90
- Vacation of Office
- Resignation by Deputy Chairman
- Removal of Deputy Chairman
- Meaning of “Majority of All the Then Members”
- Fourteen Days’ Notice
- Can the Deputy Chairman Vote on the Removal Resolution?
- Deputy Chairman vs Chairman
- Article 90 and Article 89
- Article 90 and Article 91
- Article 90 and Article 92
- Article 90 and Article 94
- Article 90 at a Glance
- Common Confusions
- Quick Revision
- Conclusion
Meaning of Article 90
Article 90 provides three principal ways in which the office of Deputy Chairman of Rajya Sabha may become vacant:
- The Deputy Chairman may cease to be a member of Rajya Sabha;
- The Deputy Chairman may resign from office; or
- The Deputy Chairman may be removed by a resolution of Rajya Sabha.
The provision therefore regulates the tenure of the Deputy Chairman independently of the ordinary term of Rajya Sabha.
Vacation of Office
Article 90(a) provides that the Deputy Chairman shall vacate office if the person ceases to be a member of the Council of States.
This is important because the Deputy Chairman must be chosen from among the members of Rajya Sabha under Article 89.
Therefore, if a person ceases to be a Rajya Sabha member, the person automatically ceases to hold the office of Deputy Chairman.
Simple Rule
No Rajya Sabha membership → No office of Deputy Chairman
The office is therefore directly connected with membership of the Council of States.
Resignation by Deputy Chairman
Article 90(b) provides that the Deputy Chairman may resign from office by writing addressed to the Chairman of Rajya Sabha.
The resignation is therefore not addressed to:
- The President;
- The Prime Minister; or
- The Speaker of Lok Sabha.
It is specifically addressed to the Chairman of the Council of States.
Removal of Deputy Chairman
Article 90(c) provides that the Deputy Chairman may be removed from office by a resolution of the Council of States.
The resolution must satisfy certain constitutional requirements.
Requirements for Removal
The resolution must:
- Be passed by a majority of all the then members of the Council; and
- Be preceded by at least 14 days’ notice of the intention to move the resolution.
Therefore, the removal procedure requires both:
14 days’ notice + Majority of all the then members of Rajya Sabha
Meaning of “Majority of All the Then Members”
This is an important constitutional expression.
It refers to a majority of the total number of members who are then members of the House, rather than merely those present and voting.
For example, if Rajya Sabha has 240 members at the relevant time, a resolution requiring a majority of all the then members would need more than half of that number.
This is different from a simple majority of members present and voting.
Fourteen Days’ Notice
The Constitution requires at least 14 days’ notice before a resolution for removal of the Deputy Chairman can be moved.
The purpose is to ensure that the Deputy Chairman and members of the House receive adequate notice of the proposed removal.
Can the Deputy Chairman Vote on the Removal Resolution?
Yes.
Unlike the Chairman, the Deputy Chairman is a member of Rajya Sabha.
Therefore, the Deputy Chairman has the ordinary voting rights of a member, subject to the constitutional rules governing the presiding officer’s participation in proceedings.
Deputy Chairman vs Chairman
The removal provisions for the Deputy Chairman should be distinguished from those applicable to the Chairman of Rajya Sabha.
The Deputy Chairman is removed by a resolution of Rajya Sabha satisfying the constitutional requirements under Article 90.
The Chairman is the Vice-President of India, and the Vice-President’s removal is governed by the separate constitutional procedure under Article 67(b).
Article 90 and Article 89
Article 89 establishes the offices of:
- Chairman of Rajya Sabha; and
- Deputy Chairman of Rajya Sabha.
Article 90 deals specifically with vacation, resignation and removal of the Deputy Chairman.
Therefore:
Article 89 → Establishment of offices
Article 90 → Vacation, resignation and removal of Deputy Chairman
Article 90 and Article 91
Article 91 deals with situations in which the Deputy Chairman performs the duties of the Chairman.
Article 90, by contrast, concerns the circumstances in which the Deputy Chairman’s own office becomes vacant or ends.
Article 90 and Article 92
Article 92 contains restrictions on the Chairman and Deputy Chairman presiding during proceedings concerning their own removal.
When a resolution for removal of the Deputy Chairman is under consideration, the Deputy Chairman cannot preside over the sitting of the Council.
The Deputy Chairman may, however, be present and participate in the proceedings and may vote as a member in accordance with the constitutional provision.
Article 90 and Article 94
Article 94 deals with the vacation, resignation and removal of the Speaker and Deputy Speaker of Lok Sabha.
The provisions can be compared as follows:
Article 90 → Deputy Chairman and Rajya Sabha
Article 94 → Speaker and Deputy Speaker of Lok Sabha
Article 90 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 90 |
| Office | Deputy Chairman of Rajya Sabha |
| Vacation | Ceases to be a Rajya Sabha member |
| Resignation addressed to | Chairman of Rajya Sabha |
| Removal authority | Rajya Sabha |
| Removal method | Resolution |
| Majority required | Majority of all the then members |
| Notice required | At least 14 days |
| Related Article | Article 89 |
| Acting arrangements | Article 91 |
| Proceedings during removal | Article 92 |
Common Confusions
What Happens If the Deputy Chairman Ceases to Be a Rajya Sabha Member?
The person automatically vacates the office of Deputy Chairman.
To Whom Does the Deputy Chairman Submit Resignation?
The resignation is addressed to the Chairman of Rajya Sabha.
Who Can Remove the Deputy Chairman?
The Rajya Sabha can remove the Deputy Chairman through a resolution.
What Majority Is Required?
A majority of all the then members of Rajya Sabha.
Is 14 Days’ Notice Required?
Yes.
At least 14 days’ notice must be given before moving the removal resolution.
Can the Deputy Chairman Be Removed by the President?
No.
Article 90 provides for removal by a resolution of the Council of States, not by the President.
Is the Deputy Chairman a Member of Rajya Sabha?
Yes.
The Deputy Chairman is chosen from among the members of Rajya Sabha.
Quick Revision
- Article 90 → Vacation, resignation and removal of Deputy Chairman.
- Deputy Chairman vacates office if they cease to be a Rajya Sabha member.
- Resignation is addressed to the Chairman of Rajya Sabha.
- Deputy Chairman can be removed by a resolution of Rajya Sabha.
- Removal requires a majority of all the then members.
- At least 14 days’ notice is required.
- Article 89 → Chairman and Deputy Chairman.
- Article 91 → Performance of Chairman’s duties.
- Article 92 → Restriction on presiding during removal proceedings.
- Article 94 → Speaker and Deputy Speaker of Lok Sabha.
Conclusion
Article 90 provides the constitutional framework for ending the tenure of the Deputy Chairman of Rajya Sabha. The office is vacated if the person ceases to be a Rajya Sabha member, may be voluntarily relinquished through resignation addressed to the Chairman, or may be terminated through a resolution of Rajya Sabha.
The key point to remember is:
Article 90 → Deputy Chairman can vacate office by ceasing to be a Rajya Sabha member, resign to the Chairman, or be removed by Rajya Sabha through a resolution passed by a majority of all the then members after at least 14 days’ notice.
