Actual Article
Article 90: Vacation and resignation of, and removal from, the office of Deputy Chairman
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.
UPSC Notes for Article 90
Explanation:
- Vacating Office: The Deputy Chairman of the Rajya Sabha must vacate office if they cease to be a member of the Rajya Sabha.
- Resignation: The Deputy Chairman can resign by writing to the Chairman of the Rajya Sabha.
- Removal: The Deputy Chairman can be removed from office by a resolution passed by a majority of all the current members of the Rajya Sabha. However, such a resolution requires at least 14 days’ notice before it is moved.
Key Points:
- Membership Requirement: Continuity in the office of the Deputy Chairman is linked to their membership in the Rajya Sabha.
- Resignation Procedure: Ensures a clear and formal process for the Deputy Chairman to resign.
- Removal Process: Provides a democratic method for removing the Deputy Chairman, with safeguards to ensure due process and adequate notice.
Important Cases and Commissions Related to Article 90
Cases:
- S.K. Acharya vs. Union of India (1988): Though not directly related to Article 90, this case discussed the roles and responsibilities of parliamentary office holders, including the procedural aspects of their tenure.
- Shivraj Singh Chouhan vs. Speaker, Madhya Pradesh Legislative Assembly (2020): Addressed procedural aspects and responsibilities of legislative office holders, providing insights into similar functions in the Rajya Sabha.
Commissions:
- Sarkaria Commission: Analyzed the Centre-State relations and discussed the roles and responsibilities of parliamentary office holders, including mechanisms for their removal.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested improvements in the functioning of parliamentary offices, including the roles of the Deputy Chairman.
Previous Year Prelims Questions Related to Article 90
- (UPSC Prelims 2018) The Deputy Chairman of the Rajya Sabha can be removed by a resolution passed by:
- A. A simple majority of the members of Rajya Sabha
- B. A majority of all the then members of Rajya Sabha
- C. A two-thirds majority of the members present and voting in Rajya Sabha
- D. The Chairman of Rajya Sabha Correct Answer: B. A majority of all the then members of Rajya Sabha
- (UPSC Prelims 2020) To remove the Deputy Chairman of the Rajya Sabha, how many days’ notice is required before moving the resolution?
- A. Seven days
- B. Fourteen days
- C. Twenty-one days
- D. Thirty days Correct Answer: B. Fourteen days
Previous Year Mains Questions Related to Article 90
- Mains 2015: “Discuss the procedure for the removal of the Deputy Chairman of the Rajya Sabha as provided under Article 90. How does this procedure ensure fairness and due process?”
- Mains 2018: “Analyze the significance of Article 90 in maintaining the integrity and accountability of the office of the Deputy Chairman of the Rajya Sabha. How does the provision for resignation and removal contribute to democratic governance?”
Additional Insights:
- Accountability: Article 90 ensures that the Deputy Chairman is accountable to the Rajya Sabha, providing mechanisms for resignation and removal.
- Democratic Safeguards: The provision for a 14-day notice period before moving a resolution for removal ensures that there is adequate time for consideration and prevents hasty decisions.
- Continuity and Stability: Linking the Deputy Chairman’s tenure to their membership in the Rajya Sabha ensures that the office is held by an active and current member, contributing to the stability and continuity of parliamentary proceedings.
Understanding Article 90 is crucial for UPSC aspirants as it provides insights into the mechanisms for maintaining accountability and integrity in the office of the Deputy Chairman of the Rajya Sabha. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and the democratic processes within India’s parliamentary system.