What is Article 90 of Indian Constitution – Defination & Meaning

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—
📅 Part V – The Union
🏷️Active

📚 UPSC Relevant

Article Number

90

part

Part V – The Union

Status

Active

Bare Acts Text

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; 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.
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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 provides for the vacation, resignation, and removal of the Deputy Speaker of the Lok Sabha. The office of Deputy Speaker was established in recognition of the need for a constitutional presiding officer who could conduct House proceedings in the Speaker’s absence. The Constitutional provisions for the Deputy Speaker’s election and removal mirror those for the Speaker under Article 94. The 7th Amendment Act 1956 and subsequent rules of procedure refined the role. Notable Deputy Speakers include M.A. Ayyangar (who also served as Speaker briefly in 1956) and S.V. Krishnamurthy Rao. The controversy over the non-election of Deputy Speaker in recent Lok Sabha sessions has highlighted the constitutional importance of Article 90.

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
– The removal process ensures democratic accountability within the council
– Clear procedures prevent arbitrary removal of the Deputy Chairman
– It supports effective leadership in the legislative process

Sample UPSC Question

Consider the following statements about Article 90 (Deputy Chairman of Rajya Sabha): 1. The Deputy Chairman vacates office if removed by a resolution of all then-members of Rajya Sabha. 2. The Deputy Chairman of Rajya Sabha is appointed by the Vice-President. 3. 14 days’ notice is required before moving a resolution to remove the Deputy Chairman. 4. The Deputy Chairman presides over Rajya Sabha when the Chairman is absent. Which statements are correct? a) 1 and 4 only b) 1, 3 and 4 only c) 2 and 3 only d) 1, 2 and 4 only

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct — removal requires a majority of all then Rajya Sabha members. Statement 2 is wrong — the Deputy Chairman is elected by Rajya Sabha members from among themselves, not appointed by the Vice-President. Statement 3 is correct — 14 days’ prior notice is required. Statement 4 is correct — the Deputy Chairman presides in the Chairman’s absence.

Key Takeaways

✓ Article 90 outlines the Deputy Chairman’s terms of office.
✓ Resignation requires written notice to the Chairman
✓ 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

FAQs

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.

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.

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.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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