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--------------- Print Magazine --------------
  May 2016
  April 2016
The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next article in the series on constitutional provisions in order to aid our readers in understanding them.


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 of 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."

This Article deals with vacation, resignation and removal of Deputy Chairman of Rajya Sabha. Clause (a) states that he shall vacate his office if he ceases to be a member of the Rajya Sabha because only a member can be posted as Deputy Chairman of the Rajya Sabha. Clause (b) states that he can resign from his post by giving written resignation to the Chairman i.e. to the Vice-President of India. Clause (c) states about his removal from his post. This clause has laid a procedure for passing resolution by the members of the Rajya Sabha by majority of all the present members of the Council. This Article has a proviso that if any resolution is to be passed for removal of Deputy Chairman of the Rajya Sabha, then minimum 14 days of notice must be given to him for such purpose.

The Article has not provided for any detailed clauses for removal, resignation and vacation of the Deputy Chairman in the sense that what happens if all the members oppose, if 14 days' notice is not accepted by the Deputy Chairman and what is the reason and criteria for the resolution, removal and vacation. Hence it is a very simple provision without any complicacy and that is the reason no litigation has come to the High Courts or the Supreme Court either directly or through writ petitions by any member of the Parliament or any constitutional activity.

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