Article 90 of Indian Constitution

Article 90 of Indian Constitution – Defines Deputy Chairman’s vacation, resignation, and removal. Learn definition, status, related articles, UPSC relevance.
📅 Part VI – The States
🏷️Active

📚 UPSC Relevant

Article Number

90

part

Part VI – The States

Status

Active

Full Definition & Explanation

Article 90 of the Indian Constitution deals with the office of the Deputy Chairman of the Council of States, also known as the Rajya Sabha. This article outlines the conditions under which a member can vacate the Deputy Chairman’s position. A Deputy Chairman must vacate their office if they cease to be a member of the Council. This ensures that only active members can hold the position, maintaining the integrity of the office and the council itself.

Additionally, Article 90 allows the Deputy Chairman to resign anytime by submitting a written notice to the Chairman. This provision provides flexibility for the Deputy Chairman, enabling them to step down if they feel it is necessary. Also, the Deputy Chairman can be removed from office by a resolution passed by a majority of the council’s members. However, this process requires a minimum notice period of fourteen days, ensuring that the decision to remove someone from a key position is taken with careful consideration.

The practical implications of this article are major. It ensures that the Deputy Chairman remains accountable to the council and its members. By allowing for both resignation and removal, it provides a balance of power within the council. This helps prevent misuse of the office while maintaining a stable leadership structure. Overall, Article 90 serves to uphold the democratic principles of accountability and transparency within the Rajya Sabha, contributing to the effective functioning of India’s legislative process.

Historical Context

Article 90 was included in the Indian Constitution when it was adopted in 1950. This article has remained unchanged since then, reflecting the importance of a clear framework for the Deputy Chairman’s role. The Supreme Court has addressed issues related to this article, emphasizing the need for proper procedures in removal cases, thereby reinforcing the article’s intent to maintain order and accountability in legislative functions. This historical evolution demonstrates the responsive nature of the constitutional framework in addressing the nation’s changing needs over time This ensures clarity under the law. This historical evolution demonstrates the responsive nature of the constitutional framework in addressing the nation’s changing needs over time.

Key Features

– The Deputy Chairman vacates the office if they cease being a member.
– Resignation is allowed via a written notice to the Chairman.
– Removal requires a resolution passed by a majority of members.
– A minimum of fourteen days’ notice is required for removal resolution.
– The article ensures accountability in the position of Deputy Chairman.

Importance & Impact

– The article maintains the integrity of the Deputy Chairman’s position.
– It allows members to resign based on personal discretion for administrative efficiency.
– The removal process ensures democratic accountability within the council for administrative efficiency.
– Clear procedures prevent arbitrary removal of the Deputy Chairman for administrative efficiency.
– It supports effective leadership in the legislative process for administrative efficiency.

Sample UPSC Question

Which of the following statements about Article 90 of the Indian Constitution is correct? A) The Deputy Chairman cannot resign. B) The Deputy Chairman must vacate if they cease membership. C) Removal requires a simple majority. D) The Deputy Chairman serves for life.
Select the correct option.? Which of the statements given above are correct in the context of the federal structure of India? This ensures clarity under the law.? Which of the statements given above are correct in the context of the federal structure of India?

Answer

The correct answer is B. Article 90 mandates that the Deputy Chairman must vacate their office if they cease to be a member of the Council. This ensures that only active members serve in leadership roles. Understanding these details is helpful for analyzing how the constitution balances power and state responsibilities.

Key Takeaways

✓ Article 90 outlines the Deputy Chairman’s terms of office.
✓ Resignation requires written notice to the Chairman across the country.
✓ Removal needs a majority resolution from council members.
✓ A notice period of fourteen days is mandatory for removal.
✓ The article strengthens accountability in legislative roles across the country.

FAQs

If the Deputy Chairman resigns, they must submit a written notice to the Chairman. This allows for a smooth transition of leadership. The council can then appoint a new Deputy Chairman accordingly. These rules help maintain a consistent and fair approach to public administration and governance across the country This ensures clarity under the law.

No, the Deputy Chairman can only be removed through a majority resolution. A notice period of fourteen days is also required for this resolution. This ensures a fair and democratic process for removal. These rules help maintain a consistent and fair approach to public administration and governance across the country.

The Deputy Chairman assists in managing the proceedings of the Rajya Sabha. They also act as a presiding officer when the Chairman is unavailable. This role is key for maintaining order during discussions. These rules help maintain a consistent and fair approach to public administration and governance across the country.

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Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
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