Part V: The Union

Officers of Parliament

Article 90: Vacation and Resignation of, and Removal from, the Office of Deputy Chairman

--- Original Article ---

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.

Explanation

Article 90 of the Constitution of India provides the framework for the vacation, resignation, and removal of the Deputy Chairman of the Council of States (Rajya Sabha). The Deputy Chairman is an essential figure in the functioning of the Rajya Sabha, responsible for presiding over the sessions in the absence of the Chairman (Vice-President of India). This article ensures that there are clearly defined processes in place for the Deputy Chairman's exit from office, whether voluntarily or by the will of the members of the Council of States.

Clause (a): Vacation of Office upon Ceasing to be a Member

This clause states that the Deputy Chairman shall vacate his office if he ceases to be a member of the Rajya Sabha. In other words, the office of the Deputy Chairman is contingent upon continued membership in the Council of States. If a member loses their seat in the Rajya Sabha, whether due to the end of their term, resignation, or disqualification, they must also vacate the office of the Deputy Chairman.

Example: In 2018, when Harivansh Narayan Singh was elected Deputy Chairman of the Rajya Sabha, his tenure as Deputy Chairman was directly linked to his membership in the Council of States. If he had lost his seat in the Rajya Sabha during his term, he would have had to vacate the office of Deputy Chairman immediately, per Article 90(a).

Clause (b): Resignation

Clause (b) permits the Deputy Chairman to resign from office at any time by submitting a resignation in writing to the Chairman (Vice-President of India). This clause provides the Deputy Chairman with the autonomy to step down voluntarily whenever they wish, ensuring the flexibility of office.

Example: In 2002, Najma Heptulla, serving as the Deputy Chairman of the Rajya Sabha, chose to resign from the post. Her resignation, submitted in writing to the Chairman, was accepted, and this act was carried out following the process outlined in Article 90(b).

Clause (c): Removal from Office

Clause (c) allows for the removal of the Deputy Chairman through a resolution passed by the Rajya Sabha. The resolution must be supported by a majority of all the members of the Council. However, this clause contains a safeguard, stipulating that at least 14 days' notice must be given before the resolution is moved. This ensures that sufficient time is available for discussion and deliberation before any action is taken.

Example: Although there has not been any recent instance of a Deputy Chairman being removed, this provision acts as a crucial mechanism for ensuring accountability in the Rajya Sabha. If the members of the Rajya Sabha feel that the Deputy Chairman is not discharging their duties properly, they can initiate the removal process in a structured manner through this clause.

Historical Significance

Article 90 embodies the principles of democratic accountability and institutional balance in the functioning of the Rajya Sabha. By providing mechanisms for the vacation, resignation, and removal of the Deputy Chairman, this article ensures that the office remains responsive to the will of the Rajya Sabha members. The requirement of a 14-day notice for removal offers a layer of protection to the Deputy Chairman, preventing arbitrary or hasty decisions.

Historically, this article reflects the influence of British parliamentary practices, where the roles of Speaker and Deputy Speaker in the House of Commons have similar mechanisms for resignation and removal. The framers of the Indian Constitution adapted this model to ensure stability and accountability within the Rajya Sabha.

References

• The Constitution of India, Article 90.
• Constituent Assembly Debates on Article 72 (Draft Constitution), where the provisions for the Deputy Chairman’s vacation, resignation, and removal were discussed.
• D.D. Basu, Introduction to the Constitution of India, which provides a detailed analysis of the constitutional provisions relating to parliamentary offices.
• Constituent Assembly Debates, Volume IX, discussions on the role of the Deputy Chairman.
• Granville Austin, The Indian Constitution: Cornerstone of a Nation, which explains the influence of British parliamentary practices on the Indian legislative framework.
• Ministry of Parliamentary Affairs, Government of India, Handbook on Parliamentary Procedures.

Legislative History

Article 90 of the Indian Constitution, originally introduced as Article 74 in the Draft Constitution on May 19, 1949, was carefully reviewed and debated by the Constituent Assembly before being adopted into the final text of the Indian Constitution.

Debates and Amendments

No amendments were proposed by any member, and thus, the Constituent Assembly adopted it in its originally drafted form.