Answer By law4u team
Constitution Of India 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.
Brief Detail
Article 90 outlines the conditions under which the Deputy Chairman of the Council of States may vacate, resign, or be removed from office. A Deputy Chairman may vacate office if they cease to be a member of the Council, can resign at any time by writing to the Chairman, and can be removed by a resolution passed by a majority of the members of the Council, with a 14-day notice requirement for the resolution.
Question & Answers
Under what circumstances can the Deputy Chairman of the Council of States vacate his office?
The Deputy Chairman shall vacate his office if he ceases to be a member of the Council of States.
How can the Deputy Chairman resign from office?
The Deputy Chairman may resign from office at any time by submitting a written resignation to the Chairman.
What is the procedure for the removal of the Deputy Chairman?
The Deputy Chairman can be removed from office by a resolution passed by a majority of the members of the Council. However, at least 14 days' notice must be given before moving such a resolution.
Example
For example, if the Deputy Chairman becomes incapacitated or decides to resign, he would submit a written resignation to the Chairman. In the case of removal, a resolution would be brought forth with the required 14-day notice to remove him from office.
Summary
Article 90 provides the procedure for the resignation, vacation, and removal of the Deputy Chairman of the Council of States. It ensures that the Deputy Chairman’s removal requires a majority vote in the Council and a 14-day notice period for the motion.
